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1990 BAR EXAMINATION

Question No. 1:
Mrs. Amy Dizons husband was killed in a traffic accident. She wants to sue
the bus company for damages but she cannot afford a lawyer. She approached
Atty. Larry Rio who agreed to handle the case without any retainers fee or
expenses on her part, on the condition that in case of recovery of damages, he shall
get 33% of the award by the court.
Is this arrangement valid and permissible? Decide with reasons.

Answer:
In the recent case of Angel L. Bautista vs. Atty. Ramon A. Gonzales, Adm.
Matter No. 1625, February 12, 1990, the Supreme Court held that the lawyer shall
defray all the expenses of the suit, it is contrary to Canon 42 of the Canons of
Professional Ethics which provides that a lawyer may not properly agree with a
client to pay or bear the expenses of litigations (See also Tule 16.04, Code of
Professional Responsibility). The Court added that although a lawyer may in good
faith, advance the expenses of litigation, the same should be subject to
reimbursement. And, an agreement whereby an attorney agrees to pay expenses
of proceedings to enforce the clients rights is champertous and against public
policy especially where, as in this case, the attorney has agreed to carry on the
action at his own expenses in consideration of some bargain to have part of the
thing in dispute.
The arrangement between Amy Dizon and Atty. Larry Rio, which provides
that the latter will handle the case without any retainers fee or expenses on her
part, can be taken to mean that the lawyer will carry out the case at his own
expenses without reimbursement. On the basis of the foregoing decision of the
Supreme Court, such an arrangement is invalid.
However, the contingent fee contract is not prohibited by the law and is
impliedly sanctioned. A contingent fee is however closely supervised by the court
to safeguard the client from unjust charges, and its validity depends, in large
measure, upon the reasonableness of the amount fixed under the circumstances of
the case. A contingent fee of 33% of the amount of recovery may be reasonable if
the bus company fights the case until the Supreme Court and the litigations are
hard-fought and long drawn: it may be unreasonable if the bus company agrees to
compromise. But the fact that a contingent fee is unreasonable does not preclude
the lawyer from being paid his fees on quantum merit basis.

Question No. 2:
Your services as a lawyer are engaged by John Dizon to defend him from
the charges of malversation of public funds before the Sandigan Bayan. John
confessed to you that he actually misappropriated the amount charged but she said
it was out of extreme necessity to pay for the emergency operation of his wife.
Will you agree to defend him? State your reason.

Answer:
I will agree to defend him, notwithstanding his confession to me that he
actually misappropriated the amount. Rule 14.01 of the Code of Professional
Responsibility provides that a lawyer shall not decline to represent a person
because of his own opinion regarding the guilt of the person. One of the duties of
an attorney is that he should, in the defence of a person accused of a crime, by all
fair and honourable means regardless of his personal opinion as to guilt of the
accused, present every defence that the law permits, to the end that no person may
be deprived of life liberty but by due process of law. The burden of proof lies with
the prosecution and if the prosecution fails to discharge such burden, the lawyers
can always invoke the presumption of innocence for the acquittal of his client. If
the prosecution proves the guilt of the accused beyond reasonable doubt, the
lawyer can strive to lower the penalty by presenting mitigating circumstances, for
he is not necessarily expected to sustain the clients innocence. A lawyer is an
advocate, not a judge, and if he has rendered effective legal assistance to his client
as allowed by law, he can rightfully say that he has faithfully discharged his duties
as a lawyer, even if the accused is found guilty by the court.

Question No. 3:
1. A judge had been seen having a lunch with a litigant with a case pending
before him in a court. He was also seen at the race track placing bet on
certain horses. How would you evaluate the behaviour of the judge? Explain.
2. Discuss the propriety of a judge standing as sponsor at the wedding of the
son of the litigant his court?
Answer:
1. The judge behaviour is highly improper. Canon 2 of the Code of Judicial
Conduct requires that a judge should avoid impropriety and the appearance
of impropriety in all activities. Rule 2.01 of the same code provides that the

judge should so behave at all times as to promote public confidence in the


integrity and impartiality of the judiciary. His having lunch with a litigant
with a case pending before him in court violated such rule and gives the
adverse party cause to complain against his impartiality.

His going to race track to a place a bet on certain horse puts the judiciary
personified by him in a bad light. For the personal behaviour of a judge, not
only upon the bench but also in everyday life, should be above reproach and
free from the appearance of impropriety. His judicial office circumscribes
his personal conduct and imposes a number of restrictions, which he must
observe faithfully as the price he has to pay for accepting and occupying an
exalted position in the administration of justice.
2. For the reason stated above stated, a judges standing as sponsor at the
wedding of the son of a litigant in his court is highly improper for it gives
the impression, rightly or wrongly, that he is disposed to resolve the case in
favour of such litigant. Public confidence in the impartiality of the judge is
eroded, and the due administration of justice suffers thereby. It is also a
violation of the letter and spirit of rule 2.03 of the Code of Judicial Conduct
which states that the prestige if judicial office shall not be used or lent to
advance the private interest of others; nor convey or permit others to convey
the impression that they are in a special position to influence the judge.

Question No. 4:
1) Would it be proper for the judge to accept a donation of a lawyers table and
chairs for his sala from the local chapter of the Integrated Bar of the
Philippines (IBP)? Explain your answer.
2) May a judge properly solicit for his promotion the endorsement of the local
chapter of the IBP to the Judicial and Bar Council? Explain your answer.

Answer:
1) It would be proper for a judge to accept the donations of a lawyers table and
chairs for his sala from the local chapter of the IBP because the donation
comes from an organization of lawyers whose duty, among others, is to help
in the proper administration of justice. Accepting the donation is not for the
personal benefit of the judge but for providing physical facilities for the
administration of justice, which is the concern by both the judge and the IBP
local chapter. What is prohibited is accepting presents or donations from
litigants or from particular lawyers practicing before him.

2) A judge may not properly solicit for his promotion the endorsement of a
local chapter of the IBP to the Judicial and Bar Council because it will give
the impression that his promotion is not purely on merit, and the judge may
feel beholden to the particular officers of the local chapter which may, in the
future, influence him in the dispositions of cases handled by such officers as
counsels for litigants. Moreover, considering his position, the local chapter
officers may not be able to refuse such solicitation even if they believe that
he is not qualified for promotions. The judge should stand by his own
ability, qualifications and fitness, without exerting extra efforts on his part to
influence the local chapter to endorse his promotion. The local chapter
should, on its own and without solicitations from the judge, make its own
assessment and appraisal of the judges qualifications and fitness for
promotion, and if it is convinced that the judge possesses the required
qualifications, it is the duty of the local chapter to make known such
assessment to the Judicial and Bar Council.

Question No. 5:
1) What would you comment be about a judge who, whenever he promulgates
a decision, invites representatives of the print and broadcast media to his sala
for the purpose of having the promulgation televised, and that in the process,
he gives interviews although he does not discuss his personal views on the
merits of the case? Explain your answer.
2) How far should a judge allow publicity of the proceedings and decisions of
his court? Explain your answer.

Answer:
1) The judges conduct is improper; Canon II Rule 2.02 of the Code of Judicial
Conduct provides that a judge should not seek publicity for personal
vainglory. A judge should conduct proceedings in court with fitting dignity
and decorum and in such a manner as to reflect the importance and
seriousness of the inquiry to ascertain the truth. Allowing television
coverage of the promulgation of the decision would detract the dignity of the
court proceedings, degrade the court and create misconception in the public
mind. His giving interviews, even if he does not discuss his personal views
on the merits of the case, have no other purpose than to seek publicity for
personal vainglory, which is prohibited.
2) A judge may allow publicity by letting his actuations as a judge and his
decisions speaks for themselves, without any comment on his part. What
makes publicity improper is the employment of traditional dignity of the
court proceedings and of the judge himself. Good, efficient, speedy and
correct administration of justice on his part has a way of publicizing itself

and catching public attention, and the publicity thereby generated is a


normal by-product of efficient discharge of his duties, which is proper.

Question No. 6:
A lawyer charged his clients P10,000.00 for filing fees pertaining to the
complaint he filled in court. He actually spent only P1,000.00. He did not account
for the balance.
1) May his client charge him for misconduct as a member of the Philippine
Bar? Explain your answer.
2) Suppose that the lawyer should be charge, how and where should the
complaint be filled? Explain your answer.

Answer:
1) The client may charged hid lawyer with misconduct for not accounting for
the balance of P9,000.00. It is well settled that where the client gives his
lawyer money for a specific purpose, such as to pay the docket fees for the
filling of an action in court, so much of the money not used for the purpose
belongs to the client and the lawyer holds it in trust for him. And it is the
lawyers duty to promptly account for all the money received from his client.
For this reason, the lawyers failure to account for the balance of the money
not spent for filling fees will render him liable for misappropriation, which is
a ground for disbarment.
2) The client may file a verified complain for disbarment against his lawyer.
His verified complain shall state clearly and concisely the facts complained
of and shall be supported by affidavits of person or persons having personal
knowledge of the facts therein alleged and /or by such documents as may
substantiate said facts. The client may file complaint directly with the
Supreme Court, in which case at least 18 copies thereof shall be filled, and
the Supreme Court may refer the complaint to the IBP Boards of Governors
for appropriate action, such as assigning the complaint to an investigator, or
to the Solicitor General or court officer or judge for investigation when the
interest of justice requires. The client may, however, file his complaint, in
six copies, with the IBP Board of Governors, which will then assign the case
to an investigator for investigation, or with the Secretary of a local chapter
of the IBP, which will in turn transmit the same to the IBP Board of
Governors from assignment to an investigator. (Rule139-B of the rules of
Court).

Question No. 7:

Atty. Chito Subretodo was retained by Buddy Capilla to handle his case in
the Securities and Exchange Commission. There is a tax angle so Sobretodo
consulted Atty. Romy Collado, a tax expert, and for his assistance shared 50% of
the retainer fees with Collado?
Is this proper? Explain your answer.

Answer:
There is no impropriety in the sharing of attorneys fees with tax expert
Atty. Romy Collado. This delegation of work and not delegation of a case. As long
as Atty. Sobretodo is responsible to his client, Buddy Capilla, even if he delegated
the research work to atty. Collado, there is no impropriety in said arrangement.
What is prohibited by the Code of Professional Responsibility is splitting of
Attorneys fees with a non lawyer.

Alternative Answer:
a) The propriety of Atty. Chito Sobretodo consulting Atty. Romy Collado on
the tax aspect of the case depends on the circumstances obtaining.
The attorney-client relationship existed between Atty. Chito
Sobretodo and Buddy Capilla only, and not with Atty. Romy Collado.
If Atty. Romy Collado is an assistant, associate or law partner of Atty.
Chito Sobretodo and if the client, Budy Capilla, has not prohibited
Atty. Chito Sobretodo from consulting his assistant or law partner,
then Atty. Romy Collado on the tax angle of the case. As a general
rule the employment of Atty. Chito Sobretodo as a lawyer for Buddy
Capilla is deemed a retainer of any member of Atty. Sobretodos law
firm. However, Atty. Romy Collado is an independent lawyer; Atty.
Chito Sobretodo cannot properly consult Attorney Romy Collado on
the tax angle of the case without the consent of his client, Buddy
Capilla, because the consultation will involve revelation of the clients
secrets, privilege communications or affairs, secret or undisclosed.
Moreover, Rule 18.01 of the Code of Professional Responsibility
provides that a lawyer shall not undertake a legal service which he
knows or should know that is not qualified to render, but he may
render such service if, with the consent of his clients, he can obtain as
collaborating counsel a lawyer who is competent on the matter.
Since Atty. Collado has rendered services, Atty. Sobretodo can
very well share 50% of his fees with Atty. Collado, the matter of fee

division being between the two lawyers only because the client is not
asked to pay additional amount for Collados services as tax expert.
b) Division of fees among lawyers is allowed provided there is division of
labor and the client consents (Rule 20.02, Canon 20). Hence the sharing
between Sobretodo and Collado is proper provided the clients consent is
obtained.

Question No. 8:
In a civil case before the Regional Trial Court between Mercy Sanchez and
Cora Delano, Sanchez engaged the services of the Reyes Cruz and Santos Law
Offices. Delano moved for the disqualification of the Reyes Cruz and Santos Law
Offices on the ground that Atty. Cruz is an incumbent senator.

Answer:
As judge, I will require that the name of Atty. Cruz, an incumbent Senator,
be dropped. From any pending filed in court or from any oral appearance for the
law firm by any other member of the law firm, and should the law firm refuse, I
will disqualify the law firm. My reasons are as follows:
Article VI, Sec.14 of the 1877 Constitution provides that no Senator or
Member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi judicial and other
administrative bodies. What is prohibited is personal appearance of the Senator,
Atty. Cruz, and for as long as the Senator does not personally appear in court of
Mercy Sanchez, the prohibition does not apply. Personal appearance includes not
only arguing or attending a hearing of a case in court but also the signing of
pleading and filing it in court. Hence, the Senator should not allow his name to
appear in pleadings filed in court by itself or as part of a law firm name, such as
Reyes Cruz and Santos Law Offices, under the signature of another lawyer in the
law firm, nor should allow the firm name with his name therein to appear as
counsel through another lawyer, without indirectly violating the constitutional
restriction, because the signature of an agents amounts to a signing by the Senator
through another lawyer is in effects his appearance, the office of attorney being
originally one of agency, and because the Senator cannot do directly what the
Constitution prohibits directly. The lawyer actually appearing for Mercy Sanchez
should drop the name of Atty. Cruz from any pleading or from any oral appearance
in the court; otherwise the law firm could be disqualified. Moreover, Rule 6.02 of
the Code of Professional Responsibility prohibits a lawyer in government from
using his public position to promote or advance his private interests, and the
Senators name appearing in pleadings or in appearances by other lawyers in the
law firms client, which can only be avoided by dropping the name of the Senator
from the firm name whenever it appears in court.

1992 BAR EXAMINATION

Question No. 1:
Atty. V. Suarez represented Altamarino in an ejectment case against Orbido.
Judgement was rendered in favor of Altamarino and Orbido vacated the property
forthwith. Subsequently, a case for annulment of Altamarinos title over the
property subject of the ejectment case was filed by Orbido who is now represented
by Atty. Suarez. Altamarino filed a motion for disqualification of Atty. Suarez for
representing conflicting interest as the latter was his lawyer in the ejectment case
against attorney and client relationship between her and Altamarino had already
terminated and that she did not obtain any confidential information regarding
Altamarinos title in handling the ejectment case, which is different from the
present case for annulment of title.
Rule on the motion for disqualification of Atty. Suarez should be granted.

Answer:
The motion for disqualification of Atty. Suarez should be granted.
Atty. Suarez violated Canon 14, rule 14.02 prohibiting lawyers from
appearing for conflicting interest. Atty. Suarez is opposing his former client in a
related suit. Although the ejectment case had already terminated in favor of
Altamarino who was his client, he had already required information concerning the
ownership of property. An attorney who appears for opposing clients in the same
or related actions put himself in that awkward position where he will have to
oppose on behalf of the other client. He cannot in all situations give disinterested
advice to both clients.

Alternative Answer:
Atty. Suarez is not disqualified on the ground of conflicting interest. It is
true that the employment of a lawyer in a subsequent case involving former client
would result in a conflicting interest if the two cases are related. In the present case
however, the two cases are not related. An ejectment case involves issue of
physical possession (Possession de facto): whereas the second case involves a
question on the issue of ownership or title.

Question No. 2:

Prosecutor Daniel Marquinez was assigned to handle a case for homicide.


After interviewing the witnesses for the prosecution and asking them to narrate to
him the incident that caused the death of the victim, he came to the conclusions
that the accused was really guilty. However, the version of one eyewitness showed
that the accused acted in self defence.

If you were the prosecutor, would you place said eyewitness on the witness
stand? Why?

Answer:
Under the ordinary rules on trial technique, the prosecutor should not place
the eyewitness stand.
However, based on the real mission of a lawyer who is to assist the court in
the administration of justice, the prosecutor is bound to present the eyewitness in
order that the court can properly appreciate the evidence and to decide on the real
merit of the case.
A public prosecutor is a quasi-judicial officer. He is the representative not of
an ordinary party to controversy, but of a sovereignty whose obligation to govern
at all and whose interest, therefore, in a criminal prosecution is not that it shall win
the case but justice shall be done. A prosecutor complies with his missions as a
lawyer even if the man he is prosecuting is acquitted in accordance with the law
and justice.
Canon 6, Rule 6.01 of the Code of Professional Responsibility provides that
the primary duty of a lawyer engaged in public prosecution is not to convict but to
see that justice is done. The suppressions of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly reprehensible and is
caused for disciplinary action.

Alternative Answer:
If I were the prosecutor, I would not present this eyewitness. This does not
involve suppression of evidence. It is true that a public prosecutors primary duty
is not to convict but to do justice and it is unethical for a prosecutor to convict but
to do justice and its unethical for a prosecutor to conceal evidence that is
favourable to the accused. In the present case, however, the prosecutor considered
the testimony of several witnesses and came to the conclusion that the accused was
really guilty. Clearly the prosecutor did not find need of the testimony of the
eyewitness who said that the accused acted in self defence. A lawyer or a
prosecutor is not duty-bound to present a witness whose credibility is in doubt.

Question No. 3:
Atty. Herminio de Pano is a former Prosecutor of the City of Manila who
established his own law office after taking advantage of the Early Retirement Law.
He was approached by Estrella Cabigao to act as private prosecutor in an estafa
case in which she is the complainant. It appears that the said estafa case was
investigated by Atty. De Pano when he was still a Prosecutor.
Should Atty. Pano accept employment as private prosecutor is said estafa
case? Explain.

Answer:
Atty. De Pano should not accept the employment as private prosecutor as he
will be violating Canon 6, Rule 6.03 of the Code of Professional Responsibility
which provides that a lawyer shall not, after leaving government service, accept
employment in connection with any matter in which he had intervened while in
said service.
The restriction against a public official from using his public position as a
vehicle to promote or advance his private interests extends beyond his tenure on
certain matters which intervened as a public official.

Question No. 4:
Atty. Belle Montes is a former partner in the Rosales Law Office which is
representing Corporation X before the Securities and Exchange Commission. Atty.
Montes who is now practicing on her own, entered her appearance as counsel for
Corporation Y in a suit between said corporation and Corporation X. Atty. Montes
claims that since she did not personally handle the case of Corporation X when she
was still with the Rosales Law Office she will not be representing conflicting
interests.
Is such argument valid? Explain.

Answer:
Atty. Belle Montes will be deemed to be appearing for conflicting interests if
she appears for Corporation Y against Corporation X.
This question is similar to the case of Philippine Blooming Mills vs. Court
of Appeals, November 1989. In the said case, the Philippine Blooming Mills was
retainer of the ACCRA Law Office. Three lawyers of ACCRA Law Office
separated from said law firm and established their own law office. The three

lawyers were disqualified from appearing for a corporation against the Philippine
Blooming Mills.
The rule prohibiting appearing for conflicting interests applies to law firms.
The employment of one member of a law firms considered as an employment of
the law firm and that the employment of the law firm is equivalent to a retainer of
the members thereof.

Question No. 5:
Judge Dino was transferred to regional trial Court of Pasig after serving as
Judge of the Regional Trial Court in Sorsogon. Delighted with her transfer, she
immediately assumed her new post. However, she brought with her the records of
five cases which are completely heard by her in her former assignment and already
submitted for decisions. Thereupon, she prepared the decision in said five cases, by
registered mail to her former Clerk of Court. One of the losing parties questioned
the authority of the Judge Dino in deciding the cases after she transfer to Pasig.
Are the decisions rendered by Judge Dino in the five cases valid? Why?

Answer:
The decisions are valid considering that the Regional Trial Court in
Sorsogon is co-equal with that of the regional trial Court in Manila. It is assumed
of course that the five cases were already submitted for decisions at the time Judge
Dino transferred to Manila (Valentine v. Sta. Maria, 55 SCRA 40).

Question No. 6:
Gliceria Magat who works as clerk typist in the Dimakali Law Offices wrote
a letter to the Supreme Court accusing her employer Atty. Dimakali of violating
her honor several times. He would invite her to go out on official business only to
bring her Regina Court, a motel in Ermita. There he would force his desires on her.
Whenever she remonstrated and fought him, he would threaten to dismiss her. She
asked the Supreme Court to disbar that monster lawyer who thinks nothing of
violating the honor and purity of virgins like me.
1) Is there any ground for disciplining Atty. Dimakali? Explain.
2) Suppose Atty. Dimakali is the Head of the Legal Division of the Department
of Agrarian reform. Under the foregoing set of facts, would you advise Ms.
Magat to take the same action, that is, ask the Supreme Court to disbar her
lawyer boss? Explain your answer.

Answer:
1) Yes, there is a ground for disciplining Atty. Dimakali for his immoral
behaviour and abuse of his authority on his lady clerk-typist. This is a plain
sexual harassment.
2) Yes, I would advise Ms. Magat to take the same action with the Supreme
Court. It has been ruled in Collantes vs. Renomeron, 2000 SCRA 584.
Canon 6 of the Code of Professional Responsibility also applies to lawyers in
the government service.

Question No. 7:
Atty. Cecilio Hilado, a member of the Sangguniang Panlalawigan og Bohol
was engaged by Irene Gemora as counsel in a case for malversation of public funds
which she filed against City Treasurer Paulino Alvarez. When Hilado accepted the
case, City Treasurer Alvarez filed an administrative case against Hidlado for
practicing law in violation of Sec 7 of republic Act No. 6713 (Code of Conduct
and Ethical Standards for Public Officials and Employees) which inter alia states
that:(b) Public Officials, during their incumbency shall not ....(2) engaged in the
private practice of their profession unless authorized by the Constitution of law....
Hilado then filed a Motion to dismiss on the Ground that 1) he is very
selective in accepting cases and appears in court only outside of sessions, hours of
Sangguniang Panlalawigan; and 2) in any event it is the Supreme Court alone,
under Art. VIII, Sec 5 of the Constitution that has the power to promulgate rules
concerning pleading, practice and procedure in all courts....
How valid are the arguments of Hilado? Resolve the case.

Answer:
The arguments of Atty. Hilado are not valid.
1) Atty. Hilado should not appear in said case which involves a criminal
prosecution of city treasurer.
Section 90 (b) (2) of the Local Government Code provides:
Sec. 90 Practice of Profession. Xxxx
b) Sanggunian members may practice their professions, engaged in
any occupation, or teach in school except during session hours;
provided, that the Sanggunian members who are also members of the
bar shall not:

xxxxx
(2)Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an offense
committed in relation to his office.
In fairness to the examinee, this question is not proper in legal ethic as
it is governed by Local Government Code.
2) While it is true that it is the Supreme Court that promulgated rules
concerning pleading, practice and procedure, the matter in questions
involves administrative law governing public officials prohibiting practicing
law while holding a public office in criminal cases as provided in the
aforesaid Section 90 of the Local government Code.

Question No. 8:
A complaint was filed with the Integrated Bar of the Philippines (IBP) by
Mrs. Remy Rozon against Atty. Matapobre asking that the latter be suspended
from the practice of law indefinitely for being a notorious usurer and for filing
groundless suits for various sums of money against his victims.
Mrs. Razon described the modus operandi of respondent thus: Matapobre
would require a prospective borrower to secure a promissory note in bank, if he has
none at the moment. Then Matapobre would fill up the notes showing the
principal, as well as the interest rate at 20% a month or 120% per annum, plus
other charges and attorneys fees. Before maturity of the checks, Matapobre would
inquire from the debtor whether his deposit is already funded. If he answers in the
negative, which was more often than not, Matapobre would magnanimously assure
the debtor that he would forgo presentment of the checks as long as the debt is
paid. However, the moment the debt falls due, regardless of whether the checking
account is funded, Matapobre would insist on payment. If none is forth coming,
Matapobre would file a criminal case against the delinquent debtor for issuance of
a bouncing check in violation of Batas Pambansa Blg. 22. Mr. Rozon declared that
Matapobre, having victimized several persons and pushed them to brink of penury,
has acquired the reputation of being a loan shark, it was only she who had he
courage to file charges against the lawyer/usurer.
During the investigation before the IBP, Matapobre interposed the following
defences: 1) he cannot possibly be charged with usury since the Usury Law has
been virtually repealed and the Central Bank allows the imposition of any rate of
interest; 2) even assuming that he charges usurious rates of interest, the debtor
freely assumes the obligation; 3) the charges being preferred against him concern
his personal conduct and has nothing to do with the practice of his profession; and
4) the IBP has no jurisdiction over his acts, personal or professional. If at all, it is
only the Supreme Court that can discipline him.

How do you dispose of Matapobres arguments? Rebut each one in


sequence.

Answer:
1) What is in issue in this question is not the violation of the Usury law but the
action of Attorney Matapobre in taking undue advantage of borrowers to
make it appear that the Bouncing Check Law was violated by his victims.
Certainly it is grossly immoral for the lawyer to manipulate the transactions
which resulted in charging excessive rates of interests o loans an later
threatening them with violation of the Bouncing check law.
Canon Rule 1, Rule 1.01 provides that a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct.
2) It is not altogether true that the borrowers freely assumed the obligation as it
was the lawyer himself who drafted and manipulated the documents and
made the borrowers sign them which they did not fully comprehend.
3) The lawyer is liable even for acts not connected in his legal profession.
4) The IBP has jurisdiction to investigate the case through the Grievance
Committee under Rule 139 (b) of the Rules of Court.

Question No. 9:
In connection with a sensational criminal case, the Public Relation Officer of
All Judges Association, Inc. Issued two press releases, one stating that the trial
judge should not have granted bail to the accused since evidence of guilt was
strong and the other, calling upon said judge to inhibit himself from trying the case
since he did not exhibit the cold neutrality of an impartial judge in ruling upon
certain motions.
Comment on the actuations of the Public Relations Officer who is
presumably authorized by the Associations.

Answer:
The actuation of the Public Relation Officer of All Judges Association is
improper. What the All Judges Association should do is to report the matter to the
Supreme Court and file proper damages. The Supreme Court may refer the matter
for investigation to a justice of the Court of Appeals.
The issuance of the press release is in violation of the rule that charges and
investigations against Judges should be confidential in character and should not be
published.
The Public Relation Officers can even be held in contempt of court.

Furthermore, Rule 2.04 of the Code of Judicial Conduct states that a judge
shall refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.
Rule 3.07 of the same Code states that a judge should abstain from making
public comments on any pending case and should require similar restrain on the
part of court personnel.

Question No. 10:


The Court Appeals affirmed the judgement of conviction of Atty. Gncho for
violation of B.P. Blg. 2 and likewise suspended him indefinitely from the practice
of law. There upon Atty. Gancho filed a Motion for Reconsideration assailing the
validity of his suspension from the practice of law contending that the Court of
Appeals acted as offended party, prosecutor and judge all at the same time.

1) Resolve this motion.


2) Despite the order suspending him from the practice of law, Atty. Gancho
still continued, to prosecute the ejectment cases which he himself filed
against his tenants. The tenants then questioned the authority of Atty.
Gancho to prosecute the cases when he is under suspension.

May Atty. Gancho be allowed to continue appearing in the ejectment cases?


Answer:
1) The motion for reconsideration should be denied. It is now: a settled rule
that a lawyer found guilty of violation of B.P. Blg. 22 otherwise known as
the Bouncing Check Law is a crime involving moral turpitude which is a
ground for disbursement.
2) Atty. Gancho may still continue prosecuting the case not as a lawyer but as a
party litigant.

Question No. 11:


Atty. Nicasio handled a case for Lydia Domondon wherein judgement was
rendered in the latters favour in the amount of P10,000.00. Upon finality of the
judgement, the judgement debtor paid the full amount of P110,000.00 to Atty.
Nicasio. However, Atty. Nicasio turned over only P80,000.00 to Lydia Domondon,
explaining that he has already deducted the amount of P20,000.00 for his
professional services in accordance with their written agreement, and the amount

of P10,000.00 awarded by the court by way of attorneys fees from the total sum of
P110,000.00 received by him from the judgement debtor.
Comment on the proprietary of the action of Atty. Nicasio.
Answer:
The action of Atty. Nicasio in retaining the amount of P10,000.00 as
attorneys fees said amount belongs to his client.
The award of attorneys fees and damages under article 2208, paragraph 10
of the Civil Code refers to damages suffered by the client.

1994 BAR EXAMINATIONS

Question No. 1:

On the day of his arraignment, your client confided in you that he in fact killed the
victim for which he was being charged with murder. You had been led to believe
Initially that he was just being framed and that another person had committed the
crime.

1. How will you advise your client to plead?

2.If he should refuse to heed your advise, what course of action will you pursue?

Answer:

1. I would first inquire fully into the circumstances under which he killed the
victim. If I find out that he is guilty as charged. I would advise him to plead guilty.
After explaining his constitutional rights and the importance of the plead guilty.

2.If he would refuse to follow my advice, I would still render effective legal
assistance to him. I will spare no effort to save him from an unrighteous conviction
and to present, by all fair and reasonable means, every defense or mitigating
circumstances that the law permits to the end that he may not be deprived of life or
liberty but by due process of law legally applied.

Question No. 2:

Atty. Aguirre as counsel de officio for boy Batong Bakal, was able to win an
acquittal for Boy who was charged with robbery in band. A year later, Atty.
Aguirre discovered that Boy in fact had a lot of money which he had been bragging
as part of the loot in the crime which he is acquitted. Knowing that Boy can no
longer be prosecuted on the grounds of double jeopardy, Atty. Aguirre sent him a
bill for his services as counsel de officio.

Please give your reasoned comments on the ethical CONSIDERATIONS if any is


involved in the above case.

Answer:

A counsel de officio is a lawyer appointed by the court to defend an indigent


defendant in a criminal case. The lawyer designated as counsel de officio cannot
charge the indigent litigant for his professional services. In a sense, there is no
contract for legal services between him and the defendant. In the absence of an
express or an implied contract there is no obligation to compensate. Suing his
client for attorneys fees might also involve a violation of the confidential nature of
a lawyer client relationship.

Question No. 3:

The law firm of Rodriguez, Delfin and Zafra had been in existence for almost 25
years and had built up an excellent reputation and a well heeled clientele.
Sometimes last year
Partner Zafra died of coronary disease but Rodriguez and Delfin refused to drop
his name from the firm name.

May Rodriguez and Delfin insist on keeping the name of Zafra as part of the firm
name?

Answer:
Yes, they may continue to use the name of Zafra in the firm name, provided that
they indicate in all communications that he is deceased. Rule 3.02 of the code of
professional responsibility that the continued name of a deceased partner is
permissible provided that
The firm indicates in all communication that the said partner passed away.

Alternative Answer:
They may keep the name of Zafra provided that the consent of the heirs is
obtained.

Question No. 4:

During the course of his cross examination, your client had testified to events and
circumstances which you personally know to be untrue. If his testimony was given
credence and accepted as fact by the court, you are sure to win your clients case.
Under the code of professional responsibility, what is your obligation to:
a) The Court
b) Your client
c)The public?
Answer:

a) A lawyer shall not do any falsehood, nor consent to the doing of any in court;
nor shall he mislead or allow the court to be misled by any artifice (Rule 10.01,
Canon 10, and Code of Professional Responsibility). A lawyer shall not knowingly
assist a witness to misrepresent himself or to impersonate other ( Rule 12.06 canon
12 Code of Professional Responsibility)

b) A lawyer who has received information that his client has, in the course of
representation, perpetuated a fraud upon a person or tribunal, shall promptly call
upon his client to rectify the same, and failing to follow will allow to terminate the

client attorney relationship in accordance with (Rule 19.02 Canon 19 Code of


Professional Responsibility).

c) A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct


(Rule 1.01 Canon 1 of the code of professional responsibility). A lawyer shall not
counsel or abet activities aimed at the defiance of law or at lessening confidence on
the legal system (Rule 1.02 Canon 1 Code of Professional Responsibility)

Question No. 5:

The client with whom you have a retainer agreement had not been paying you
contrary to your stipulations on legal fees as you continue to appear at hearings in
his case. A judgment was finally rendered in your clients favor awarding him the
real property in litigation as well as a substantial amount in damages.

As a counsel who had not been paid what steps can you take to protect your
interest?

Answer:
I will cause charging lien for my fees to be recorded and attached to the judgment
in so far as it is for the payment of money in damages. Then I will have the right to
collect my fees out of such judgments and execution in issuance pursuance thereof.

Question No. 6:

A verified complaint for disbarment was filed against Atty. Cruz who was accused
of misappropriating funds belonging to the complainant. The matter was referred
to the IBP which forthwith conducted an investigation through its local chapter.
During the pendency of the investigation, the complainant filed an Affidavit of
Desistance claiming that Atty. Cruz has already reimbursed him for the funds
which he had accused him of unlawfully spending for his own use. Atty. Cruz
moved for the dismissal of the complaint. As the hearing officer, how will you
react to the motion of Atty. Cruz?

Answer:

The desistance of a complaint in a disbarment proceedings or his withdrawal of the


charges against a lawyer does not deprive the court of the authority to proceed and
determine the matter. Nor does it necessary result in the dismissal of the complaint,
except when, as a consequence of withdrawal or desistance, no evidence is
adduced to prove the charges, Since a disbarment proceeding is neither a civil or
criminal action but one presented solely for public interest; the fact that the
complainant and the respondent have considered the case close, is unimportant.

As, a hearing officer, I will deny the motion of Atty. Cruz and continue the
hearing.

Question No. 7:

JG, a known vagrant was defended by Atty. Go in his trial for robbery with
homicide.
After he had been convicted, he appealed to reverse the decision of the court
claiming he was deprived the constitutional right to counsel when the court
appointed Atty. Go as counsel de officio in spite of his request to the court that he
preferred Atty. Concepcion whom he knew to be an excellent criminal lawyer. Is
JG correct?

Answer:

The accused is entitled to a counsel of his choice and a counsel de officio may be
appointed for him if he has no counsel de parte. In the case of(People vs
Malunsing, 63 SCRA 793), the Supreme Court set aside the judgment of
conviction because the court appointed a counsel de officio and the accused
insisted that he gets his own lawyer.

Alternative Answer:

JG is not correct. An accused is entitled to be assisted by counsel. To constitute a


violation of an accuseds right to counsel of his choice; the accused must inform
the trial court of his desire to be defended by a counsel de parte and if a counsel de
officio is appointed, he must protest such appointment and the actuation of the

counsel de officio, otherwise he cannot rightly claim that his right was violated.
Thus, where a counsel de officio has been assigned to an accused on trial and such
counsel has acted without objection from the accused. The latters conviction
cannot be set aside on the sole ground that his counsel was not of his own choice
(People vs Solis, 128 SCRA 217) the said ruling is applicable to this question.
While JG expressed his preference to be defended by Atty. Concepcion, he really
did not object to the appointment of Atty. Go until after his conviction. Beside if
Atty. Concepcion was his counsel of choice, he should have retained him as
counsel de parte.

Question No. 8:

Atty. Queliza was convicted of qualified seduction. He was subsequently disbarred


at the initiative of the IBP. Before he could complete the service of his sentence, he
was given an absolute pardon of the president. He thereupon petitioned the
Supreme Court for reinstatement to the practice of law as a legal and logical
consequence of the absolute pardon. Is he entitled to reinstatement?

Answer:

An absolute pardon granted to a lawyer who has been previously disbarred for
conviction of a crime involving moral turpitude does not automatically entitle him
to reinstatement. The matter of his reinstatement is still subject to the discretion of
the Supreme Court. He should still show by evidence aside from absolute pardon
that he is now a person of good moral character, a fit and proper person to practice
law.
(In Re: Rovero)

Question No. 9:

Deciding a case for malicious prosecution, Judge Sales awarded attorneys fees
and expenses of litigation, in addition to exemplary damage to the plaintiff.

1. Did the judge act within his discretion in awarding attorneys fees?
2. As counsel for the plaintiff, are you entitled to receive the attorneys fee thus
awarded in addition to your stipulated attorneys fees?
Answer:

1. A party may recover attorneys fees by cases of malicious prosecution against


him in action for damages against the party responsible therefore( Art 2208(8) civil
code) But he must prove not only that he was acquitted in the criminal action, but
the person who charged him, knowingly made a false statement of facts to induce
the prosecutor to prosecute or that the institution of the criminal action was
prompted by a sinister design to vex or humiliate him and to cast upon him
dishonor and disgrace.
2. No, attorneys fees in the concept or as an item of damages are an indemnity
sustained by the client, and belong to him.

Question No. 10:

The law firm of Sale, Santiago and Aldeguer has an existing and current
retainership agreement with XYZ corporation and ABC company, both of which
were pharmaceutical firms, XYZ corporation discovered that a number of its
patented drugs had been duplicated and sold in the market under ABC companys
brand names, XYZ corporation turned to the law firm and asked it to bring suit
against ABC company for patent infringement on several counts.

What are the ethical considerations in this case and how are you going to resolve
them?

Answer:

A lawyer may refuse to accept representation of a client if he labors under conflict


of interest between him and the prospective client or between a present client or
prospective client ( Rule 14.03 Canon 14 Code of Professional Responsibility). It
is unprofessional for a lawyer to represent conflicting facts (Canon 6, Code of
Professional Responsibility). A lawyer cannot accept a case against a present client
either in the same case or a totally unrelated case.

Question No. 11:

1. May a client dismiss his lawyer at any time?


2. May a lawyer withdraw as counsel at any time?
Answer:

1. A client may dismiss his lawyer at any time with or without cause because
the relationship is one of trust and confidence,
2. A lawyer may withdraw as counsel only with the consent of the client and
with leave of court and only for good cause enumerated in (Rule 22.01
Canon 22 Code of Professional Responsibility).
Question No. 12:

Mindful that the law is a profession and not a trade or business; what are the
factors must you, as a lawyer consider in charging reasonable compensation for
your services?

Answer:
1. a) The time spent and the extent of the services rendered or required;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as a result of acceptance of
the proffered case;
f) The customary charges for similar services and the schedule of fees of the
IBP chapter to which he belongs;
g) The amount involved in the controversy and the benefits resulting to the
client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether occasional or established; and
j) The professional standing of the lawyer.( Rule 20.01 Canon 20 Code of
Professional Responsibility).
Question No. 13:

In a civil case, the defendant discovered that the counsel for plaintiff was used to
be a member of the Judicial and Bar Council during whose time the Judge
presiding over the case was appointed and confirmed by him. He filed a motion to
inhibit the Judge on the ground that latters ability to act independently and

judiciously had been compromised and seriously impaired because of his utang na
loob to the plaintiffs counsel.

If you were the Judge, how will your rule the motion?

Answer:

I will deny the Motion for Inhibition because every Judge is sworn to upheld the
decision of cases in accordance with the law. The fact that the judge was
recommended by the JBC which has seven members and deliberated even
confidentially does not make the judge even morally indebted to the JBC member
who may not even vote for him.

Alternative Answer:

Section 1 Rule 137 of the Rules of Court provides specific grounds where it is
mandatory for a Judge to be legally disqualified from sitting in a case. None of
those grounds is applicable to the facts given in this case. However, the same rule
allows that the Judge may exercise of his sound discretion to disqualify himself
from sitting in the case for a just and valid reason. The Supreme Court has held
that when a suggestion is made that a judge might be induced to act in favor of one
party and against another arising out of circumstances capable of inciting such a
state of mind; he should exercise his discretion in a way the peoples faith in the
court of justice is not impaired (Masadao and Elizaga Re: Crim Case No, 4954-M
155 SCRA 72).

The fact that the counsel of one of the parties was a member of the Judicial and Bar
Council during the time that the Judge was appointed would not by in itself
constitute sufficient ground to inhibit himself. However there is a probability that
the losing party on the back of his mind that the judge had unmeritoriously tilted
the scales of justice against him; It maybe more prudent that the Judge inhibit
himself.
Question No. 14:

After a study of the records of the case and deciding that the plaintiff was entitled
to a favorable judgment, Judge Reyes requested Atty. Sta. Ana for the plaintiff, to
prepare a draft decision. Judge Reyes then reviewed the draft decision prepared by
Atty. Sta. Ana and adopted its decision for the plaintiff. Judge Reyes saw nothing

unethical in the procedure he would asked the other party to do the same if it were
the prevailing party.

Please Comment if Judge Reyes decision was ethical and proper?

Answer:

The procedure of Judge Reyes was unethical because the judge is duty bound to
review the case himself; he must personally and directly prepare his decisions and
not delegate it to other person especially a lawyer in the case. (Section 1 Rule 36
Rules of Court)

Question No. 15:

While Atty. Lancia was on his way to the office in Makati, he chanced upon a
vehicular accident involving a wayward bus and a small Kia whose driver, a Mr.
Malas, suffered serious physical injuries. Coming to the succor of the injured Mr.
Malas; Atty. Lancia drove him to the nearest hospital. On the wqay to the Hospital
Mr. Malas found out that Atty. Lancia was a practicing lawyer In gratitude of his
help , Mr Malas retained Atty. Lancia to file a suit against the bus company and its
driver.

If you were Atty. Lancia would you accept the case?

Answer:

I will not accept the case if I were Atty. Lancia because it is difficult to dismiss the
suspicion that Atty. Lancia had assisted Mr. Alas for the purpose of soliciting legal
business. It is not clear from the facts how Mr. Alas learned Atty. Lancia was a
practicing lawyer. This could have been only if Atty. Lancia introduced himself as
a lawyer. Moreover Atty. Lancia can be utilized as a witness to the case.

1996 BAR EXAMINATION


Question No. 1:
1) Define legal ethics.
2) What is the significance of lawyers oath?

Answer:
1) Legal ethics is that branch of moral science which treats of the duties which
an attorney owes to the court, his client, to his colleagues in the profession,
and to the public.
2) The significance of the oath is that it not only impress upon the attorney his
responsibilities but it also stamps him as an officer of the court with rights,
powers and oath of a lawyer is a condensed code of legal ethics. It is a
source of his obligation and its violation is a ground for his suspension,
disbarment or other disciplinary action. (Agpalo, Legal Ethics, 5th. Edition,
p.59)

Question No. 2
1) The Code of Professional Responsibility is to lawyers, as the Code of
Judicial Conduct is to members of the bench.
How would you characterize the relationship between the judge and the
lawyer? Explain.
2) Generally, only those who are members of the bar can appear in court.
Are the exclusions to this rule? Explain.
3) Should a lawyer accept a losing case: (a) in a criminal case; (b) in a civil
case. Explain.

Answer:
1) The Code of Professional Responsibility requires lawyers to observe and
maintained respect for judicial officers (Canon 11). On the other hand, the
Code of Judicial Conducts requires judges to be patient, attentive and
courteous to lawyers (Rule 3.03). In a word, a lawyer and judge owe each
other mutual respect and courtesy.

Alternative Answer:
a) The relationship between a judge and a lawyer must be based on
independence and self-respect. He must neither be a mindless fawning slave
of the judge, nor must he take an attitude of hostility towards the judge. The
lawyer must maintain toward the court a respectful attitude and to uphold
and protect the dignity of the court.
b) Being an officer of the court, the first and foremost duty of a lawyer is to the
court. He is bound to obey lawful orders and decisions of the court. Like the
court itself, the lawyer is an instrument to advance the ends of justice.
Should there be a conflict between the duty to his client and that of the court,
he should resolve conflict against his client and obey the lawful orders of the
court. On the other hand, judges should be courteous and impartial to
counsel. To maintain impartiality, the judge should not associate too much
with lawyers.
2) The exceptions to the rule that the only those who are members of the bar
can appear in court are the following:
a) In the municipal trial court, a party may conduct his litigation in person
or with the aid of an agent or friend (Sec. 34, Rule 138).
b) In any other court, a party may conduct his litigation personally.(id)
c) In criminal proceedings before a municipal trial court in a locality where
a duly licensed member of the bar is not available, the court may in its
discretion admit or assign a person, resident of the province and of good
repute for probity and ability, to aid the defendant in his defence,
although the person so assigned is not a duly authorized members of the
bar (Sec. 4, Rule 116).
d) Any official or other person appointed or designated in accordance with
the law to appear for the government of the Philippines shall have all the
rights of a duly authored member of the bar to appear in any case in
which said government has an interest direct of indirect (Section 33, Rule
138).
e) A senior law student who is enrolled in a recognized law schools clinical
education program approved by the Supreme court may appear before
any court without compensation, to represent indigent clients accepted by
the legal clinic of the law school (Rule 138-A).
f) Non-lawyers may appear before the NLRC or any Labor Arbiter if they
represent themselves or their labor organization or members thereof
(Art.222, Labor Code).
g) Under the Cadastral Act, a non-lawyer can represent a claimant before
the Cadastral Court Sec. 9, Act. 2259).

(Note: We suggest that any four instances will be sufficient.)

3) a) A lawyer may accept a losing criminal case. An accused is presumed to


be innocent until his guilt is proven beyond reasonable doubt by procedure
recognized by the law. Rule 14.01 of Code of Professional Responsibility
provides that a lawyer shall not decline to represent a person solely on
account of the latters race, sex, creed or status of life, or because of his own
opinion regarding the guilt of said persons. Otherwise innocent persons
might be denied proper defence.
b) A lawyer may not accept a loosing civil case. Firstly, his signature in
every pleading constitutes a certification that there is a good cause to support
it and that it is not interposed for delay (Sec. 5, Rule 7, Rules of Court).
Secondly, it is the lawyers duty to counsel or maintain such actions or
proceedings only as appear to him to be just and such defences only as he
believes to be honestly debatable under the law (Sec. 20 (a), Rule 138, Rules
of Court). Thirdly, h is not to encourage either the commencement or
continuance of an action or proceeding or delay in any mans cause for any
corrupt motive or interest (Sec.20 (g), rule 138). Fourthly, he must decline to
conduct a civil cause or to make a defence when convinced that it is
intended merely to harass or injure the opposite party to work oppression or
wrong (Canon 130, Canons of Professional Ethics). If a lawyer were to
accept a bad civil case, it will wither be exert his best efforts towards a
compromise or it unsuccessful, to advice his client to confess judgement.
Alternative Answer:
A lawyer may also accept a losing civil case provided that in so doing, he
must not engaged in dilatory tactics and must advise his client about the prospects
and the advantage of settling a compromise in a case.

Question No. 3
1) Why is a lawyer an officer of the court? Explain.
2) Is a lawyer (a) always a notary public; or (b) is a notary public always a
lawyer? Explain.

Answer:
1) Lawyers are officers of the court because they form part of the machinery
of the law for the administration of justice (Hilado v. David, 84 Phil. 569).
Under Canon 12 of the Code of Professional Responsibility, the lawyer shall
exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice.
2) a) A lawyer is not always a notary public. In order to be a notary public, he
has to be issued a commission by the Executive Judge of the Court of First
Instance (now Regional Trial Court) where he has applied for such
commission (Adm. Order No. 6, June 30, 1975).

c) On the other hand, a notary public need not be a lawyer, Sec. 233 of the
Revised Administrative Code provides that persons who have completed and
passed the study of law in a reputable school or university, or who have
passed the examinations for office of justice of the peace or clerk or deputy
clerk of court for a period of not less than two years, may also be appointed
notaries public. In municipalities and municipal districts where there are no
lawyers or persons having the qualifications above specified, or having
them, refused to hols such office, the judges may appoint other persons
temporarily to exercise the office of notary public who have the
qualifications of fitness and morality.

Question No. 4
1) Atty. Z, a Notary public commissioned in Quezon City, attended a wedding
at Makati, B requested Z to notarized a deed of sale executed between X and
Y who were both in Baguio City. Atty. Z who has a portable notarial seal,
notarized the document. Subsequently, X assailed the document alleging that
his signature thereon was falsified. X files a case for disbarment against
Atty. Z.
a) What is the liability of Atty. Z, if any? Explain.
b) Where the complaint for disbarment should be filed?
2) Congress woman C is a senior partner in a law firm. Although C is no longer
appear in court, she advises clients and corrects the pleadings of her
assistants. A political opponent lodged a complaint with the House
Committee on ethics contending that Congresswoman C is prohibited by the
Constitution to practice law.
Will the complaint prosper? Explain.

Answer:
1) a) Atty. Z may be held criminally liable for violating Article 171
(Falsification by Public Officer) of the Revised Penal Code, by making it
appear that X and Y appeared and acknowledged having executed the deed
of sale before him, when in fact they did so appear or acknowledge. He may
also administratively liable for not obeying the laws of the land (Canon 1,
Code of Professional Responsibility). Moreover, his jurisdiction as notary is
only in Quezon City.
b) The complaint for disbarment may be filed with the Supreme Court or
with the Board of governors of the Integrated bar of the Philippines, or with
the IBP chapter of which Atty. Z is member (Rule 139-B, Rules of Court).

2) b) The complaint will not prosper, Sec. 14, Article IV of the Constitution
provides that No senator or member of the House of the Representatives
may personally appears as counsel before any court of justice or before the
electoral tribunals, or quasi-judicial and other administrative bodies. What
is prohibited is personal appearance. Since the practice of law covers a
wide range of activities senators and congressmen are allowed to engaged in
the aspects of legal practice such as the giving of legal advice to clients
(Pineda, Legal and Judicial Ethics, 1995 ed.,p.20). However, he should not
sign any pleading.

Question No. 5
1) Talbog, a small town, has only two practicing lawyers. Jose, a good friend of
Judge M, requested the latter to notarize a deed of sale for his farm lot,
because the two lawyers of their town charged exorbitant fees. Judge M
notarized the document and charged P10.00 as fee. The two lawyers
complained to the Supreme Court.
a) Will their complaint prosper? Explain
b) Can Judge M charge a fee?
2) Atty. X retained by E in case for violation of BP 22 filed by B before the
scheduled hearing, Atty. X assured B that E would pay the value of the
dishonored check. Elated at the prospect of being paid, B wined and dined
Atty. X several times. Atty. X convinced B not to appear at the scheduled
hearing. Due to non-appearance of B , the estafa case was dismissed for
failure to prosecute. B, however, was never paid. Thus, she filed a case for
disbarment against Atty. X.
Does the conduct of Atty. X constitute malpractice? Explain.

Answer:
1) a) The complaint will prosper, Circular No 1-90 of the Supreme Court
provides that Municipal Circuit Trial Court Judges may act as notaries
public ex officio only in the notarization of documents connected with the
exercise of their official functions and duties. They may not, as notaries
public officio, undertake the preparation and acknowledgement of private
documents, contracts and other acts of conveyances which bear no direct
relation to the performance of their functions as judges. As an exception,
MTC and MCTC judges assigned to municipalities or circuits with no
lawyers or notaries public may, in their capacity as notaries public exofficio,
perform any act within the competency of a regular notary public, provided
that (1) all notarial fees charged shall be for the amount of the government
and turned over to the municipal treasurer, and (2) certification be made in
the notarized documents attesting to the lack of any lawyer or notary public
in such municipality or circuit. In this case there were two lawyers available
in the municipality, only that they were charging exorbitant fees, which is
not an exemption to the general rule.

b) As can be seen from Circular No. 1-90 above, the judge, if allowed to
perform the functions of a regular notary, may charge a fee, but such fee
shall be for the account of the government and turned over to the municipal
treasurer.
2) Yes, the conduct of Atty. S constitutes malpractice. A lawyer owes candor,
fairness and good faith to the court. He shall not do any falsehood or shall be
mislead or allow the court to be misled by any artifice. He owes loyalty to
his client. In a case involving similar facts, the Supreme Court found that the
lawyer concerned obstructed the administration of justice and suspended him
for two years (Cantorne v. Ducusin, 57, Phil. 20).

Question No. 6
1) May a law firm use the name of a deceased partner? Qualify.
2) Y hires the services of Atty. Z in a case where Y is accused of rape. Atty. Z,
firmly believes that Y is guilty of the crime of rape.
If you were Atty. Z, would you still accept the case? Explain.

Answer:
1) Rule 3.02 of the Code of Professional responsibility provides in part that
The continued use of the name of a deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased. However, several justices of the Supreme Court dissented from
this rule.
2) I would still accept the case. It is not for me to judge that Y is guilty of the
crime. The law presumes him to be innocent, and is entitled to an acquittal
unless his guilt is proven beyond reasonable doubt with due process of law.
The lawyers work is to see to it that due process of law is observed.
Otherwise, may accused will be defenceless.

Question No. 7
1) In a hearing before the Court of Tax Appeals, Atty. G was invited to appear
as amicus curiae. One of the Judges hearing the tax case is the father of Atty.
G. The counsel for the respondent moved for the inhibition of the judge in
view of the father-son relationship.
Is there merit to the motion? Decide.

2) A group of businessmen formed a corporation, the primary purpose of which


is furnish legal advised and service to the subscribers as a collection agency.
To accomplish this purpose, the group planned to employ a staff of lawyers
to initiate and prosecute collection suits entrusted to it by its clients. The
SEC denied registration of the corporation on the ground that it was
disqualified to practice law.
Is the SEC correct? Discuss briefly.

Answer:
1) There is no merit to the motion. Rule 3.12 of the Code of Judicial
Responsibility provides that A judge should take no part where the judges
impartiality might reasonably be questioned. Among the instances for the
disqualification of a judge is that he is related to a party litigant within the
sixth degree or to counsel within the fourth degree of consanguinity or
affinity. But this refers to counsel of the parties. An amicus curiae is
supposed to be an experienced and impartial attorney invited by the court to
appear and help in the disposition of issues submitted to it. He represents no

party to the case. There is, therefore, no ground to fear the loss of the judges
impartiality in this case if his son is appointed amicus curiae.
Alternative Answer:
Yes, there is merit in the motion. Although Atty. G. was appearing only as
amicus curiae, his opinion may influence the decision of one of the judges who is
his father. Rule 137, par. 1 of the rules of Court does not distinguish whether the
lawyer who is related to the judge within fourth degree is appearing as amicus
curiae or hired counsel.
2) The SEC is correct. It is well settled that a corporation cannot engaged in the
practice of law. Only a natural person may be admitted to the practice of
law. (Sec. 1, Rule 138, Rules of Court). A corporation cannot perform the
conditions required for membership in the bar, such as possession of good
moral character. A corporation cannot practice law directly or indirectly by
employing a lawyer to practice for it or to appear for others for its benefit.

Question No. 8
1) May a judge be disciplined by the Supreme Court based solely on a
complaint filed by the complainant and the answer of respondent Judge? If
so, under what circumstances? What is the rationale behind this power of the
Supreme Court?
2) A Judge of the regional Trial Court, notwithstanding the fact that he was
facing criminal charges at the time he obtained his appointment, did not
disclosed the pendency of the cases either to the President or to the Supreme
Court. He claims that: (a) he enjoys presumption of innocence in the pending
criminal cases; (b) that the said cases even if sustained after trial do not
involve moral turpitude; and (3) before an administrative complaint based on
a criminal prosecution can be given due course there must be a conviction by
final judgement.

May the Judge be considered as an undeserving appointee and


therefore be removed from his office?

Answer:
1) A judge may be disciplined by the Supreme Court based solely on the basis
of the complaint filed by the complainant and answer of the respondent
judge, under the principles of res ipsa loquitur. The Supreme Court has held
that when the facts alleged in the complaint are admitted or are ready how
negate the strong inference of evil intent is forthcoming, no further hearing
to establish such facts to support a judgement as to culpability of the

respondent is necessary (In Re: Petition for dismissal of Judge Dizon, 173
SCRA 719).
2) He may be considered as undeserving and removed from office. This
problem falls quarterly under the decision of the Supreme Court in the case
of Court Administrator v. Estacion, 181 SCRA 33, wherein a complaint was
filed concerning the appointment of a Regional Trial Court judge
notwithstanding the fact that he was then facing criminal charges for
homicide and attempted homicide. The judge also claimed that (a) he enjoys
the presumption of innocence, (b) the said cases, even if sustained, do not
involved moral turpitude, and (c) before an administrative complained based
on a criminal prosecution is given due course, there must be a conviction by
final judgement. The Supreme Court held:
The argument that he had not yet been convicted and should
be presumed innocent is beside the point, and so is the contention that
the crimes of homicide and attempted homicide do not involve moral
turpitude. The important consideration is that he had a duty to inform
appointing authority and this Court of the pending criminal charges
against him to enable them to determine on the basis of his record,
eligibility for the position he was seeking. He did not discharge that
duty. His record did not contain the important information in question
because he deliberately withheld and thus effectively hid it. His lack
of candor is as obvious as his reason for suppression of such vial fact,
which he knew would have been taken into account against him if it
had been disclosed.
As stressed in the report, it behoves every prospective
appointee to the judiciary to appraise the appointing authority of every
matter bearing on his fitness for judicial office, including such
circumstances as may reflect on his integrity and probity. These are
qualifications specifically required of appointees to the judiciary
under Article VIII Sec. 7(3) of the Constitution. The fact alone of his
concealment of the two criminal cases against him is clear proof of his
lack of the said qualifications and renders him unworthy to sit as a
judge.
The respondent judge was accordingly removed from office.

Question No. 9
1) In a homicide case, Atty. M was appointed by the Court as counsel de
officio for F, the accused. After trial F was acquitted. Atty. M sent F a bill
for attorneys fees.
a) Can F be compelled to pay? Explain.
b) Can F employ a counsel de parte to collaborate with Atty. M, his counsel
de officio? Explain.

2) In a murder trial, Judge to asked searching questions of all the witnesses for
the accused prompting Atty. O counsel of the accused, to request Judge T to
desist from acting as counsel for the prosecution. The Judge, however,
reminded Atty. O that she wanted to determine whether the accused was
guilty of the crime charged.
Is it proper for Judge T to take an active part on the examination of
the accused witnesses?
Answer:
1) a) No, F may not be compelled to pay attorneys fees. A counsel de officio is
a lawyer appointed to render professional services in favour of an indigent to
render professional services in favour of an indigent client. In the absence of
a law allowing compensation, he cannot charge the indigent litigant for his
professional services. One of the obligation which the lawyer assumed when
he took his oath as a lawyer is to render free legal services when required b
the law to do so. The Rules of Court provides a token compensation for an
attorney de officio to be paid by the state.
He may do so, but if he can afford to employ a counsel de parte, then
he is no longer indigent and will not need a counsel de officio. The latter can
withdraw as his counsel if he chooses to.
2) No, it is not proper. Rule 3.06 of the Code of Judicial conduct provides that
While a judge may, to promote justice, prevent waste of time or clear up
some obscurity, properly intervene in the presentation of evidence during the
trial, it should always be borne in mind that undue interference may prevent
the proper presentation of the cause or the ascertainment of truth. The
intervention of the judge in a case must be done with considerable
circumspection. It must be done sparingly and not throughout trial, which
will have the effect of or will tend to build or bolster the case for one of the
parties. The reason for the rule is that the judge should not only be impartial
but also appear to be impartial.

Question No. 10
1) Judge P decide an annulment of title suit in favour of A. After the decision
had become final and executor. A sold property to a realty firm. Judge P, a

good friend of the owner of the realty firm, purchased two lots in the
property at a substantial discount.
a) Did Judge P violate any provision of the Civil Code with respect to the
purchase of a litigated property?
b) Did Judge P go against any provision of the Civil Code with respect to
the purchase of a litigated property?
2) Justice C recently retired. The parents of the victims of the OZONE Disco
tragedy retained him in the case for damages which they filed against the
owners of the Disco, Quezon City officials and Quezon City.
Can he appear as counsel for the victims parents? Explain.
3) Upon being replaced by Justice C, Atty. B, the former counsel of the victims
of the Ozone Disco tragedy, was directed toward all the documents in his
possessions to Justice c. Atty. B refused, demanding full compensation
pursuant to their written contract. Sensing that a favourable judgement was
forthcoming, Atty. B filed a motion in court relative to his attorneys fees,
furnishing his former clients with copies thereof.
Is Atty. B legally and ethically correct in refusing to turn over the documents
and in filing the motion? Explain.

Answer:
1) A) Article 1941 of the Civil Code provides as follows:
Art. 1941. The following persons cannot acquire by purchase, even at a
public or judicial auction, either in person or through the mediation of
another.
X

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior


courts, and other officers and employees connected with the administration
of justice, the property and rights in litigation or levied upon an execution
before the court within whose jurisdiction or territory they exercise their
respective function; this prohibition includes the act of acquiring by
assignment and shall apply to lawyer with respect to the property and rights
which may be the object of any litigation to which they may take part by
virtue of the profession.

In the case of Macariola v. Asuncion, 14 SCRA 77, the Supreme


Court held the Article 1491 does not apply where the property was not
acquired from any of the parties to the case, or when the litigation is already
terminated. In this realty firm was not a party to the case. Moreover, his
judgement had already become final and executor; hence the property was
no longer in litigation. There is no violation of Article 1941.
b) However, in the same case, the Supreme Court held that while the
respondent judge may not have violated Art. 1941 of the Civil Code, still, it
was improper for him to have acquired the property concerned. He has
violated Canon 3 of the Canons of Judicial Ethics which requires that
judges official conduct should be free from the appearance of improperly,
and his personal behaviour, not only upon the bench and in the performance
of judicial duties, but also in his everyday life, should be beyond reproach. It
was unwise and indiscreet of him to have acquired the subject property,
because it gives cause for doubt or mistrust in the uprightness of the
administration of justice.
2) Section 1 of Republic Act No. 910, as amended provides hat it is a
condition of the pension provided for herein that no retiring justice or judge
of a court of record or city or municipal judge during the time that he is
receiving the said pension shall appear before any court in any civil case
wherein the government or any of its legally instituted officers. In as much
as the case being offered to Justice C is a civil case against not only the
disco itself, but also against Quezon City and its officials, he will be
violating the aforesaid condition if he appears as counsel for the victims
parents in the said case.
3) Atty. B is legally and ethically correct in refusing to turn over the
documents. He is entitled to a retaining lien which gives him the right to
retain the funds, documents and papers of his clients which have lawfully
come to his possession until his lawful fees and disbursement have been paid
(Sec. 37, Rule 138, Rules of Court, Rule 16.03, Code of Professional
Responsibility). Likewise, he is legally and ethically correct in filing a
motion in court relative to his fees. He is entitled to a charging lien upon all
judgements for the payment of money, and executions issued in pursuance
of such judgements, which he has secured in a litigation of his client, from
and after the time when the records of the court rendering such judgement or
issuing such execution (ibid.)

1998 BAR EXAMINATION


Question No. 1
Judge C was appointed MTC Judge in 1993. Subsequently, the Judicial and
Bar Council received information that previously he had been dismissed as
Assistant City Prosecutor of Manila. It appeared that when he applied for
appointment to the Judiciary, his answer to the question in the personal data sheetHave you ever been retired, dismissed or forced to resign from any employment?
was- Optional under Republic Act No. 1145. The truth is, he was dismissed for
gross misconduct as Assistant City prosecutor.
May he be dismissed as Judge? (5%)

Answer:
Yes. By his concealment of his previous dismissal from the public serice,
which the Judicial and Bar Council would have taken into consideration in acting
on his application for appointment as a judge, he (the judge) committed an act of
dishonesty that rendered him unfit to be appointed, and to remain, in the Judiciary
he has tarnished with his falsehood. (Re: Inquiry on the Appointment of Judge
Enrique A. Cube, 227 SCRA 193: Jose Estacion, 181 SCRA 33, Estanislao Belan,
August 6, 1998).

Question No. 2
What is your understanding of forum-shopping? What are the possible
consequences? (5%)

Answer:
Forum-shopping is the improper practice of filling several actions or
petitions in the same or different tribunals arising from the same cause and seeking
substantially identical reliefs in the hope of winning in one of them.
The possible consequences of forum-shopping are:
1)
2)
3)
4)

Summary dismissal of the multiple petition or complaint.


Penalty for direct contempt of court on the party and his lawyer.
Criminal action for a false certification of non forum shopping.
Disciplinary proceeding for the lawyer concerned. (Sec. 5, Rule 7, 1997
Rules of Civil Procedure)

Question No. 3
When Atty. Aldrin received copy of the decision of the court of Appeals, he
files a motion for reconsideration using intemperate and disrespectful language
with a subtle threat that knowingly rendering an unjust judgement is punishable
under the Revised Penal Code.
The Court of Appeals ordered him to explain why he should not be cited in
contempt of court. Instead of complying, he submitted to the Court of Appeals his
Petition to Retire from the practice of law which he immediately filed with the
Supreme Court after receiving the citation for contempt. May he be allowed to
retire from the practice of law? (5%).

Answer:
No. A practicing lawyer and officer of the court facing contempt
proceedings cannot just be allowed to voluntarily retire from the practice of law
which would negate the inherent power of the court to punish him for contempt.
(Montecillo v. Gica, 60SCRA 234).

Question No. 4
Nene approached Atty. Nilo and asked him if it was alright to buy a piece of
land which Maneng was selling. What was shown by Maneng to Nene was an
Original Certificate of title with many annotations and old patches, to which Nene
expressed suspicion. However, Atty. Nilo, desirous of pushing through with the
transaction because of the high notarial fee promised to him, told Nene that the title
was alright and that the title was alright and that she should not worry since he is
an attorney and that he knew Maneng well. He notarized the Deed of Sale and
Nene paid Maneng P108,000.00. It turned out that Maneng had previously sold the
same property to another person.
For the injustice done to Nene, may Atty. Nilo be disciplined? (5%).

Answer:
Yes. Atty. Nilo is guilty of gross negligence in protecting the interest of his
client. A lawyer shall not neglect a legal matter entrusted to him and his negligence
in connection therewith shall render him liable (Rule 18.03, Code of Professional
responsibility). Worse, he was negligent because he placed his own interest in
receiving a high notarial fee over and above the interest of his client. In the case of

Nadayag v. Grageda, 237 SCRA 202, which involves similar facts, the Supreme
Court held that lawyer should have been conscientious in seeing to it that justice
permeated every aspect of a transaction for which his services had been engaged,
in conformity with the avowed duties of a worthy member of the Bar.

Question No. 5
A lawyer advertised in the newspaper the following:
Can secure annulment of your marriage promptly. Expert in legal
separation cases. Consult anytime.
Is the advertisement proper? (5%)

Answer:
No. A lawyer in making known his legal services should not use any false,
fraudulent, misleading, deceptive, undignified or self-laudatory statements
regarding Professional Responsibility, In re Tagorda, 53 Phil. 37). The claim that
he can secure annulment of marriage promptly is false and misleading and his
claim that he is an expert in legal separation is self-laudatory. The advertisement
constitutes improper solicitation and violates the sanctity of the institution of
marriage which the States should protect (Ulep v. Legal Clinic, Inc. 221 SCRA
378).

Question No. 6
State the rule on (a) the right of the client to dismiss his lawyer and (b) the
prerogative of a lawyer to withdraw as counsel. (5%).

Answer:
(a) A client has the right to dismiss his lawyer at any time, with or without just
cause. The existence or non-existence of just cause. The existence or nonexistence of just cause is material only for determining the right of the
lawyer to compensation for the services rendered. The clients right to
terminate the lawyers services springs from the strictly personal and highly
confidential nature of the client loses confidence in his lawyer, he has the
right to dismiss him.
(b) On the other hand, the lawyer does not have an unqualified right to withdraw
as counsel. As an officer of the court, he may not withdraw or to be
permitted to withdraw as counsel if such withdrawal will work injustice to a

client of frustrate the ends of justice. A lawyer may withdraw at anytime


with his clients written consent. Without such consent, he may withdraw his
services only for good because and upon notice appropriate in the
circumstances (Canon 22, Code of Professional Responsibility).

Question No. 7
A mayor charged with Homicide engaged your services as his lawyer. Since
there is only one witness to the incident, the mayor disclosed to you his plan to kill
the lone witness through a contrived vehicular accident.
1) What are the moral and legal obligations to the mayor, and to the
authorities? (3%)
2) Should the killing push through and are you certain that the mayor is one
responsible, are you under obligation to disclose to the authorities what was
confided to you? Is this not a privilege communication between client and
attorney? (2%).

Answer:
1) It is the duty of an attorney to divulge the communication of his client as to
his announced intention to commit a crime to the proper authorities to
prevent the act or to protect the person against whom it is threatened.
2) Public policy and the lawyers duty to counsel obedience to the law forbid
that an attorney should assist in the commission of a crime or permit the
relation of attorney and client to conceal a wrong doing. He owes it to
himself and to the public to use his best efforts to restraint his client from
doing any unlawful act and if, notwithstanding his advice, his client
proceeds to execute the illegal deed, he may disclose it or be examined as to
any communication relating thereto. There is privileged communication only
as to crimes already committed before its communication to the lawyer.

Question No. 8
A judge, in order to ease his clogged docket, would exert efforts to compel
the accused in criminal cases to plead guilty to a lesser offense and advise party
litigants in civil cases, whose positions appear weak, to accept the compromise
offered by the opposing party.
Is the practice legally acceptable? (5%)

Answer:
The practice is legally acceptable as long as the judge does not pressure on
the parties and takes care that he does not appear to have prejudged the case.
Where a judge has told a party that his case is weak before the latter was fully
heard, such was considered ground for his disqualification (Castillo v. Juan 62
SCRA 124).

Question No. 9
Atty. Asilo, a lawyer and a notary public, notarized a document already
prepared by spouses Roger and Luisa when they approached him. It stated in the
document that Roger and and Luisa formally agreed to live separately from each
other and either one can have a live-in partner with full consent of the other.
What is the liability of Atty. Asilo if any? (5%).

Answer:
Atty. Asilo maybe held administratively liable for violating Rule 1.02 of
Code of Professional responsibility. A lawyer shall not counsel of abet activities
aimed at defiance of the law or at lessening confidence in the legal system. An
agreement between two spouses to live separately from each other and either one
could have a live-in partner with full consent of the other, is contrary to law and
morals. The ratification by a notary public who is a layer of such illegal or immoral
contract or document constitutes malpractice or gross misconduct in office. He
should at least refrain from its consumption. (In re Santiago, 70 Phil.661;
Panganiban v. Borromeo, 58 Phil. 38 Phil. 367, In re Bucana, 72 SCra 14).

Question No. 10
What is your understanding of quantum merit as attorneys fee? (5%)

Answer:
Quantum merit literally means as much as he deserves. It is a measure for
the lawyers fee in the absence of a contract, or when the fees stipulated in a
contract are found unconscionable, or when the lawyers services are terminated
for cause. The lawyer is entitled to receive what merits for his services, as much as

he has earned. The factors to be taken into consideration are enumerated in Rule 22
of the Code of Professional Responsibility.

Question No. 11
For his failure to appear for trial despite notice Atty. Umali was summarily
pronounced guilty of direct contempt and was fined P10,000.00 by judge.
Is the Judge correct? (5%).

Answer:
The judge is not correct. A lawyer who fails to appear for trials is only liable
for indirect contempt, which cannot be punished summarily. (People v. Torio, 118
SCRA 14; Atty. Himiniano D. Silva v. Judge German G. Lee, 169 SCRA 512).

Question No. 12
Ben filed proceedings for disbarment against his lawyer, Atty. Co, following
the latters conviction for estafa for misappropriating funds belonging to his client
(Ben). While the proceedings for disbarment was pending, the President granted
absolute pardon in favour of Atty. Co, then moved for the dismissal of the
disbarment case.
Should the motion be granted? (5%).

Answer:
An absolute pardon by the President is one that operates to wipe out the
conviction as was as the offense itself. The grant thereof to a lawyer is a bar to a
proceeding for disbarment against him, if such proceeding is based solely on the
fact of such conviction ( In re Parcasion, 69 SCRA 336). But where the proceeding
to disbar is founded on the professional misconduct involved in the transaction
which culminated in his conviction, the effect of the pardon is only to relieve him
of the penal consequences of his act and does not operate as a bar to the disbarment
proceeding, inasmuch as the criminal acts may nevertheless constitute proof that
the attorney does not possess good moral character (In re Lontoc, 43 Phil.293).

Question No. 13
Discuss the propriety of a lawyer filing a suit against his client concerning
his fees. (5%).

Answer:
Rule 20.04 of Code of Professional Responsibility provides that a lawyer
shall avoid controversies with his clients concerning his compensation and shall
resort to judicial action only to prevent imposition, injustice of fraud. The legal
profession is not a money-making trade but a form of public service. Lawyers
should avoid giving the impression that they are mercenary (Perez v. Scottish
Union and National Insurance Co.,76 Phil.325). It might even turn out to be
unproductive for him for potential clients are likely to avoid a lawyer with a
reputation of suing his clients.

Question No. 14
Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the
side of the road gave chase and stopped the tricycle. Judge Silva then confiscated
the drivers license and told him to get it from his office. Was the conduct of Judge
Salva proper? (5%).

Answer:
The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411 (1074),
where the Supreme Court held:
While respondent might have been motivated by a spirit of civicism in
cooperating with the city authorities in the enforcement of traffic rules and
regulations, the arrest of errant motor vehicle drivers and the confiscation of their
licenses are essentially police functions which are specifically vested by law upon
law enforcement officers of the government. Respondent as Judge of the City
Court will necessarily hear and decide all cases filed in his court regarding such
violations and infractions of the Motor Vehicle Law or traffic regulations by the
law enforcement officers. It is patent, therefore, that respondent should not have
taken upon himself the responsibility of confiscating the license of the motor cab
driver but he should have referred the matter to the police. We deemed it relevant
to emphasize that the official conduct of a judge should be free from impropriety
or any appearance thereof. His personal behaviour in the performance of his
official duties and in his everyday life should be beyond approach. By confiscating
the drivers license without issuing any traffic Violation Report (TVR) and losing
the same while in his possession, respondent Judge has acted in ), a barangay
captain manner unbefitting his high judicial office.

2000 BAR EXAMINATION


Question No. 1
X was indicated for murder. As he had no counsel on arraignment, the trial
court appointed Atty. A. His counsel de officio. When Atty. A asked X what was
his stand, X said he was guilty. X thereupon pleaded guilty. X thereupon pleaded
guilty. Trial was thereafter conducted. When the turn of the defence to present
evidence came, Atty. A manifested that he was not presenting and that he was
submitting the case for decision, praying that Xs plea be considered mitigating.
Did Atty. As assistance or conduct approximate the competence and diligence
which the Code of Professional Responsibility expected of him? Explain. (5%).

Answer:
No. It is the duty of defence counsel when his client desires to enter a plea of
guilty to fully acquaint himself with the facts and surrounding circumstances of the
case, advise his client of his constitutional rights and the full import of a plea
guilty, see to it that the precise degree of his clients culpability is established and
the appropriate penalty is imposed, and thus leave no room for doubt that there was
a mistake or misunderstanding as to the nature of the charges to which his client
had pleaded guilty. Atty. A has fallen short of his required conduct.

Question No. 2
D was charged with estafa by C before the barangay for misappropriating
the proceeds of sale of jewelry on commission. In settlement of the case , D turned
over to the barangay captain, a lawyer, the amount of P2,000.00 with the request
that the barangay captain turn over the money to C. Several months passed without
C being advised of the status of her complaint. C contacted D who informed her
that she (D) had long before turned over the amount of P2,000.00 to the barangay
captain who undertook to give the money to her (C). C thus filed a case against the
barangay captain who at once remitted the amount of P2,000.00 to C. May the
barangay captain be faulted administratively?

Answer:
Yes. The Code of Professional Responsibility applies to lawyers who are in
the government service. As a general rule, a lawyer who holds a government office
may not be disciplined as a member of the bar for misconduct in the discharge of
his office as a government official. However, if that misconduct as a government
official is of such character as to affect his qualification as a lawyer or to show
moral delinquency, then he may be disciplined as a member of the bar on such
ground (Dinsay v. Cioco, 264 SCRA 703 (1996). In the case of Penticostes v.
Ibanez, SCRA 281 (1999), a barangay captain who failed to remit for several

months the amount given to him for payment of an obligation, was found to have
violated the Code of Professional Conduct.

Question No. 3
A town mayor was indicted for homicide through reckless imprudence
arising from a vehicular accident. May his father-in-law who is a layer and a
Sangguniang Panlalawigan member represent him in court? Reason. (5%).

Answer:
Yes. His father-in-law may represent him in court. Under the Sanggunian
may engage in the practice of law, except in the following: (1) they shall not
appear as counsel before any court in any civil case where in a local government
unit or any office, agency or instrumentality of the government is the adverse
party; (2) they shall not appear as counsel in any criminal case where in an officer
or employee of the national or local government is accused of an offense
committed in relation to his office; (3) they shall not collect any fee for their
appearance in administrative proceedings including the local government unit of
which he is an official; and (4) they shall not use property and personnel of the
government except when the Sanggunian member concerned is defending the
interest of the government. In this case, the town mayor was indicated for homicide
through reckless imprudence, an offense that is not related to his office.

Question No. 4
Atty. A was found guilty of indirect contempt by the Regional Trial Court
and summarily suspended indefinitely from the practice of law. Atty. A appealed
to the Supreme Court. Is his appeal meritorious? Reason. (5%).

Answer:
His appeal is meritorious. A person cannot be summarily penalized for
indirect contempt. In indirect contempt, the law requires that there can be a charge
in writing duly filed in court and an opportunity to the person charged to be heard
by himself or counsel.

Question No. 5
Atty. X filed a notice of withdrawal of appearance a counsel for the accused
Y after the prosecution rested its case. The reason for the withdrawal of Atty. X
was the failure of accused Y to affix his conformity to the demand of Atty. X for
increase in attorneys fees. Is the ground for withdrawal justified? Explain. (5%).

Answer:
The ground for withdrawal is not justified. Rule 22.01 (e) of the Code of
Professional Responsibility provides that a lawyer may withdraw his services when
the client deliberately fails to pay the fees for his services or fails to comply with
the retainer agreement. In this case, the client has not failed to pay the lawyers
fees or to comply with the retainer agreement. He has only refused to agree with
the lawyers demand for an increase in his fees. It is his right to refuse; that is part
of his freedom of contract.

Question No. 6
C filed a verified administrative complaint against Atty. D. In the course of
investigation, C presented an affidavit of desistance which she identified on the
witness stand. What course of action should the investigator take? Explain. (5%).

Answer:
The investigator should continue with the investigation. A disbarment
proceeding is sui generis, neither a civil or criminal action. As such, a desistance
by the complainant is unimportant. The case may proceed regardless of interest or
lack of interest of the complainant (Rayos-Ombac v. Rayos, 285 SCRA 93 (1998).
If the evidence on record warrants, the respondents may be suspended or disbarred
regardless of the desistance of the complaint. Of course, if the complainant refuses
to testify and the charges cannot then be substantiated, the court will have no
alternative but to dismiss the case.

Question No. 7
Atty. E entered his appearance as counsel for defendant F in case pending
before the regional Trial Court. F later complained that he did not authorize Atty. E
to appear for him. F moved that the court suspended Atty. E from the practice of
law. May the judge grant the motion? Explain. (5%).

Answer:
The judge may grant the motion. Unauthorized appearance is a ground for
suspension or disbarment (Sec. 27, Rule 138, Rules of Court).

Alternative Answer:
It depends. A lawyers appearance for a party without the authority of the
latter must be wilful, corrupt or contumacious in order that he may held
administratively liable therefor. But if he has acted in good faith, the complaint for
suspension will fail. (Garrido v. Quisumbing, 28 SCRA 614 (1969).

Question No. 8
a) What is a champertous contract? Is it valid? (2%)
b) Distinguish between a champertous contract and a contingent fee contract.
(3%).

Answer:
a) A champertous contract is one where the lawyer agrees to conduct the
litigation on his own account and to pay the expenses thereof, and to receive
as his fee; a portion of the proceeds of the judgement. It is contrary to public
policy and invalid because it violates the fiduciary relationship between the
lawyer and his client (Bautista v. Gonzales, 182 SCRA 151 (1990). In effect,
he is investing in the case with the expectation of making profit. The
practice of law is a profession ad not a business venture.
b) A contingent fee contract is an agreement in which the lawyers fee, usually
a fixed percentage of what may be recovered in the action, is made to
depend upon the success in the effort to enforce or defend the clients right.
It is a valid agreement. It is different from champertous contract in that the
lawyer does not undertake to shoulder the expenses of the litigation.

Question No. 9
a) Define an attorneys retaining lien. (2%)
b) G was appointed administrator of the estate of her deceased father. She
engaged the services of Atty. H as her personal counsel to represent her in
court proceedings. G later discharged the services of Atty. H. Invoking his
retaining lien, Atty. H retained documents bearing on the estate of the
decedent of the documents justified? Explain. (3%).

Answer:
a) A retaining lien is the right of an attorney to retain the funds, documents and
papers of his client which have lawfully come into his possession until his

lawful fees and disbursements have been paid, and to apply such funds to
satisfaction thereof (Sec. 37, Rule 138, Rules of Court).

b) The retention of the documents in this case is not justified. Atty. H was the
personal counsel of G. He was not the counsel of the estate. The documents
bearing on the estate of decedent entrusted by G to him are not properties of
G but the estate which is not his client. Atty. H has no right to exercise a
retaining lien over such documents.

Question No. 10
a) State the exemption to the rule that the negligence of counsel binds the
clients. (2%).
b) Section 20, rule 18 of the Rules of Court enumerates nine (9) duties of
attorneys. Give at least three (3) of them. (3%).

Answer:
a) It is well-settled that the negligence of counsel binds the client. The
exception is where the reckless or gross negligence of counsel deprives the
client of due process of law or where its application results in the outright
deprivation of ones property through a technicality (Salonga v. Court of
Appeals, 269 SCRA 534 (1997), or when the application of the general rule
will result in serious injustice (San Miguel Corporation v. Laguesma, 236
SCRA 595 (1994).
b) Under Section 20, rule 138, it is the duty of an attorney:
1. To maintained allegiance to the Republic of the Philippines;
2. To maintain the respect due to the courts of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defences only as he believes to be honestly debatable
under the law;
4. To employ, for the purpose of maintaining the causes confided to him,
such means only as re consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement
of fact or law.
5. To maintain inviolate the confidence, and at every peril to himself, to
preserve the secret of his clients, and to accept no compensation in
connection with his clients business except from him with his
knowledge and approval;

6. To abstain from all offensive personality, and to advance no fact


prejudicial to the honor or reputation of party or witness, unless required
by the justice of the cause with which he is charged;
7. Not to encourage either the commencement or the continuance of an
action or proceeding or delay any mans cause, from any corrupt motive
or interest;
8. Never to reject, for any consideration personal to himself, the cause of
the defenceless or oppressed;
9. In the defence of a person accused of crime, by all fair and honourable
means, regardless of his personal opinion as to the guilt of the accused, to
present every defence that the law permits, to the end that no person may
be deprived of life or liberty, but by due process of law.

Question No. 11
Atty. J requested Judge K to be a principal sponsor at the wedding of his
son. Atty. J met Judge K a month before during the IBP sponsored reception to
welcome Judge K into the community, and having learned that Judge K takes his
breakfast at a coffee shop near his (Judge Ks) boarding house, Atty. J made it
appoint to be at the coffee shop at about the time that Judge K takes his breakfast.
Comment on Atty. Js act. Do they violate the Code of Professional
Responsibility? (5%).

Answer:
Yes, his actions violate the Code of Responsibility. Canon 13 of the said
Code provides that lawyer shall relay upon the merits of his cause and refrain from
any impropriety which tend t influence, or gives the appearance of influencing the
court. Rule 13.03 of the same Code provides that a lawyer shall not extend extra
ordinary attention or hospitality to, nor seek opportunity for, cultivating familiarity
with judges, Atty. J obviously sought opportunity for cultivating familiarity with
Judge K by being at the coffee shop where the latter takes his breakfast, and is
extending extraordinary attention to the judge by inviting him to be a principal
sponsor at the wedding of his son.

Question No. 12
M was criminally charged with violation of a special law. He tried to engage
the services of Atty. N. Atty. N believed, however that M is guilty on account of
which he declined. Would it be ethical for Atty. N to decline? Explain. (5%).

Answer:
It would not be ethical for Atty. N to decline. Rule 14.01 of the Code of
Professional Responsibility provides that a lawyer shall not decline to represent a
person solely on account of the latters race, sex, creed or status of life, or because
of his own opinion regarding the guilt of said person. It is for the judge, not the
lawyer, to decide the guilt of the accused, who is presumed to be innocent until his
guilt is prove beyond reasonable doubt by procedure recognize by law.

Question No. 13:


In a pending labor case, Atty. A files a Position Paper on behalf of his client,
citing a Supreme Court case and quoting a portion of the decision therein which he
stated reflected the ratio decidendi. However, what he quoted was not actually the
Supreme Court ruling but the argument of one of the parties to case. May Atty. A
be faulted administratively? Explain. (5%).

Answer:
Yes, he may be faulted administratively. A lawyer owes candor, fairness and
good faith to the court Rule 10.02 of the Code of Professional Conduct expressly
provides that a lawyer shall not knowingly misquote or misrepresent the contents
of a paper, the language or the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a provision already rendered
inoperative by repeal or amendment, or assert as a fact that which has not been
proved. To cite an argument of one of the parties as a ratio decidendi of a Supreme
Court decision shoes, at least, lack of diligence on the party of Atty. A.
(Commission on Election v. Noynoy, 292 SCRA 254 (1998).

Question No. 14:


Before he joined the bench, Judge J was a vice-mayor. Judge J resumed
writing weekly column in a local newspaper. In his column, Judge J wrote:
I was wondering if the present vice-mayor can shed off his crocodiles hide
so that he can feel the clamor of the public for the resignation of hoodlum public
officers of which he is one.
When charged administratively, Judge J invoked freedom of expression. Is
his defence tenable? Explain. (5%).

Answer:

The judges reliance on freedom of expression is untenable. The judges


vicious writings compromise his duties as judge in the impartial administration of
justice. His writings lack judicial decorum which requires the use of temperate,
language at all times. The judge should not instigate litigation (Galang v. Santos,
307 SCRA 583 (1999), Royeca v. Animas, 71 SCRS (1976).

Question No. 15:


In a contentious transaction of sale and purchase involving real property
between X (seller) and Y (Purchaser), whose interests were diametrically opposed
to each other, Atty. Z with the knowledge and consent of X and Y, acted as the
attorney for both parties. Did Atty. Z commit malpractice? Explain. (5%).

Answer:
Rule 15.03 of Code of Professional Responsibility provides that a lawyer
shall not represent conflicting interest except by written consent of all concerned
given after a full disclosure of the facts. In this case, although Atty. Z acted as
lawyer for both X and Y with the knowledge an consent of both, such consent was
made in writing, Atty. Z may be held liable for malpractice.

Alternative Answer:
In case of In Re: Dela Rosa, 27 Phil. 258 (1914), the Supreme Court held
that where a lawyer acted as attorney for both a vendor and a purchaser, whose
interest wee diametrically opposed to each other, but either the knowledge and
consent of both parties, this did not constitute malpractice under the law. Neither
party was deceived by the lawyer, and neither one suffered involuntary damages by
reason of his action. Nevertheless, the lawyers conduct constituted a practice
severely to be condemned.

Question No. 16:


Before his appointment to the judiciary, Judge K was the administrator of
the estate of his second cousin. After joining the judiciary, could Judge K continue
to be the administrator? Explain. (5%).

Answer:
No, Judge K may no longer continue to be the administrator of the estate of
his second cousin. Rule 5.06 of the Code of Judicial Conduct provides that: (a)
judge should not serve as the executor, administrator, trustee, guardian, or other
fiduciary, except for the estate, trust, or person of a member of the immediate

family, and then only if such service will not interfere with the proper performance
of judicial duties. Member of immediate family shall be limited to the spouse and
relatives within the second degree of consanguinity. A second cousin is not a
relative within the second degree of consanguinity.

2002 BAR EXAMINATIONS

Question 1:

A. After reading the decision against his client Jose Kapuspalad, Atty. Calmante
was convinced that it had a reasonable basis and that he would have difficulty
obtaining a reversal. For this reason. Atty. Calmante did not appeal. When Jose
learned about the judgment against him, he blamed Atty. Calmante for not taking a
timely appeal and filed an administrative complaint for negligence against the
latter. Decide the case.

B. What is a lawyers duty if he finds that he cannot honestly put up a valid or


meritorious defense but his client insist that he litigate? Explain?

Answer:

A. I would rule in favor of Jose Kapuspalad. (In Reontoy v. Ibadit 285 SCRA 88
1988). The Supreme Court found a lawyer to negligent for falling, first of all, to
notify his client about the adverse decision and secondly for failing to file an
appeal in belief that such appeal would be useless. He thus deprived his client of
his right to appeal. If a lawyer cannot contact his client at once after receiving the
adverse decision, the prudent step for him to take is to file a notice of appeal, and
withdraw it afterwards if his client should decide against the appeal. It is the
clients decision whether or not to appeal.

B. It depends. If it is a criminal case, he may not decline to represent the accused


solely on his opinion regarding the guilt of the person ( Rule 14.01 Code of
Professional Responsibility).The Supreme Court has held that a counsel de officio
has the duty to defend his client no matter how guilty he perceives him tobe(People
v. Nadera Jr. 324 SCRA 490). But if the case is a civil case, he should decline to
accept the same. In a civil action, the rules and ethics of profession enjoin a lawyer

from taking a bad case. The attorneys signature in every pleading constitutes a
certification that there is a good cause to support it and that it is not imposed to
delay. It is the attorneys duty to counsel or maintain such actions or proceedings
only as appear to him to be just and such defenses only as he believes to be
honestly debatable under the law.

Question 2:

Raul Catapang, a law graduate and vice-president for labor relations of XYZ Labor
Union, entered his appearance as representative of a member of the union before
the Labor Arbiter in a case for illegal dismissal, unpaid wages and overtime pay.
Counsel for the Company objected to Rauls appearance and move for his
disqualification on the ground that he is not a lawyer. If you were the Labor
Arbiter, how would you resolve the motion?
Answer:

I will deny the motion to disqualify Raul Article. 222 of the Labor Code authorizes
non-lawyers to appear before the National Labor Relations Commission or any
Labor Arbiter in representation of their organization or members thereof.

Question 3:

Determine whether the following advertisements by an attorney are ethical or


unethical as the case maybe, opposite each letter and explain.

A. A calling card 2x2 in size, bearing his name in bold print, office, residence
and email addresses, telephone and facsimile numbers?
B. A business card 3x4 in size, indicating the aforementioned data with his
photo 1x1 in size.
C. A pictorial press release in a broadsheet newspaper made by the attorney
showing him being congratulated by the president of a client corporation for
winning a multimillion damage suit against the company in the Supreme
Court.
D. The same press release made by his client in a tabloid.
E. A small announcement in BALITA, a tabloid in Filipino, that the attorney is
giving free legal advice for September 2002.

Answer:

A. Ethical- a lawyer in making his legal services, shall use only true, honest,
fair, dignified and objective information or statement of facts. (Canon 3
Code of Professional Responsibility).
B. Unethical- the size of the card and the inclusion of the lawyers photo in it
smacks of commercialism.
C. Unethical- a lawyer should not resort to indirect advertising such as
procuring his photograph to be published in a newspaper in connection with
a case he is handling. He should not pay or give something of value to
representatives of the mass media in anticipation of, or return for publicity to
attract legal business (Rule 3.04 Code of Professional Responsibility).
D. Ethical- The lawyer can no longer be held responsible for the action of his
client. However, it would be unethical if he knew that his clients intention
to publish it and not to stop it.
E. Unethical- the announcement in a newspaper that he will give free legal
advise to the indigent, is a form of self-praise (In Re Tagorda).

Question 4:

A. State the rule on whether a client is bound by mistake.


B. On account of his mistake, is counsel liable to his client for damages?
Answer:

A. A client is bound by the mistakes of his lawyer( Cabales vs Nery 94 SCRA


374 San Miguel Corporation vs Ledesma 236 SCRA 596)
B. A lawyer shall not neglect a legal matter entrusted to him and his negligence
in connection therewith shall make him liable ( Rule 18.03 Code of
Professional Responsibility). A client who suffers prejudice by reason of his
counsels inexcusable negligence in the discharge of his duty may file an
action for damages against him. However, there must be a showing that had
the lawyer exercised due diligence, the client under the facts and the law
would have succeeded in recovering from the adverse party or in resisting
the claim of latter.

Question 5:

On June 28, 2001, RJ filed with the Supreme Court a petition for prohibition, with
a prayer for temporary restraining order/ preliminary injunction, to forestall his
removal as chairman and general manager of a government agency, He believed he
had a fixed term until January 31, 2004, but there were indications that the new
President would replace him. As he had apprehended, an Administrative Order was
issued by the Chief Executive
On July 2, 2001 recalling RJs appointment, shortly thereafter, PT was appointed
to the position in question.

On July 3, 2001 RJ filed a motion to withdraw his petition, on the same day,
without waiting for the resolution of his motion; he filed another petition with the
Regional Trial Court seeking to prevent his removal as chairman and general
manager of the government agency. On July 8, 2001 his motion to withdraw the
first petition was granted by the Supreme Court without prejudice to his liability, if
any for contempt for engaging in forum shopping.

A. Is he guilty of forum shopping?


B. Give three Instance of forum shopping?

Answer:

A. RJ is guilty of forum shopping . Forum Shopping is the practice of filing


Multiple actions from the same cause of action ( Rule 12.02 of the Code of
Professional Responsibility). It is clear that RJs petition for prohibition was
still pending in the Supreme Court while he filed the same petition in the
Regional Trial Court. He should have waited first for the resolution of his
motion to withdraw before filing the second petition because he cannot
assume that the motion will be granted.
B. Instances of Forum Shopping:
1. When, as a result of an adverse opinion in one forum, a party seeks a
favorable opinion(other than appeal or certiorari) in another .
2. When he institutes two or more actions or proceeding grounded by a same
cause of action, on the gamble that one or more court would make a
favorable decision.
3. Filing a second suit in a court without jurisdiction.

4. Filing an action is still pending in an administrative proceeding


5. When counsel omits to disclose the pendency of an appeal, in filing a
certiorari case.
Question 6:

Atty. CJ handled the case for plaintiff GE against defendant XY. In an action for
damages, Judgment was rendered for plaintiff GE. When a writ of execution was
issued,
The sheriff levied on a 400 square meter lot of defendant XY. Pursuant to their
contingent fee contract, plaintiff GE executed a deed of assignment in favor of
Atty. CJ of one-half the lot. Atty. CJ accepted the assignment.

A. Is the Contract for contingent fee valid?


B. Did Atty. CJ commit any violation of the Code of Professional
Responsibility?
Answer:

A. A contract for contingent fee is a contract wherein the attorneys fee, usually
a percentage of what may be recovered in the action, is made to depend upon
the success of the lawyer in enforcing or defending his clients right it is a
valid contract, unlike a champertous contract which is invalid because the
lawyer undertakes to shoulder the expenses of the litigation. However the
amount of the fee agreed upon maybe reduced by the courts should it be
unconscionable or if necessary. 50% of what the client may recover may or
may not be unconscionable depending on the factors to be considered in
determining the reasonableness of an attorneys fee.

B. In the case of Daroy vs Abecia 298 SCRA 239 the Supreme Court ruled that
the assignment to a lawyer of a portion of the property levied on by the
sheriff for the satisfaction of a judgment in favor of his client does not
violate Article 1491 of the New Civil Code, If the property was not involved
in litigation handled by the lawyer. In this case, since the action held by
Atty.CJ was for damages, the property was not apparently involved in the
litigation. Hence, his acquisition of the 50% of the same is ethical.

Question 7:

A. May a lawyer decline a request for free legal aid to an indigent accused
made by a chapter of the Integrated Bar of the Philippines?
B. Will your answer be different if the legal aid is requested in a civil case?
Answer:

A. Rule 14.02 of the Code of Professional Responsibility provides that a


lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae or a request from the
Integrated Bar of the Philippines or any of its chapter for rendition of free
legal aid. He may, decline such appointment for serious and sufficient cause.
For example, he may decline if such appointment will involve conflict of
interest with another client.
B. My answer will not be exactly the same, because in a civil case, the lawyer
can also decline if he believes the action or defense to be unmeritorious. He
is ethically bound to maintain only actions and proceedings which appear to
him to be just and only such defenses which he believes to be honestly
debatable under the law.
Question 8:

Six months ago, Atty. Z was consulted by A about a four door apartment in
Manila left by her deceased parents. A complained that her two siblings B and C,
who were occupying two units of the apartment were collecting the rentals from
the other two units and refusing to give her any part thereof. Atty. Z advised A to
first seek the intervention of her relatives and told her that, if this failed he would
take legal action as A asked him to do. Today September 22, 2002 B asks Atty. Z
to defend him in a suit brought by A against him (B) and C through another
counsel.

A. Should Atty. Z accept the case? Why?


B. Should Atty. Z tell B that A consulted him earlier about the same case?

Answer:

A. Atty. Z should not accept the case. When A consulted him about his
complaint against B and C, a lawyer and client relationship was established
between A and Atty. Z. He cannot subsequently represent B against A in a

matter he was consulted about. This constitutes conflict of interest. It does


not matter if Atty. Z is not handling the case for A.
B. Rule 21.07 of the Code of Professional Responsibility provides that a lawyer
shall not reveal that he has been consulted about a particular case except to
avoid possible conflict of interest. In this case, he has to reveal to B that he
had been consulted by A on the case that B if offering to retain his services,
in order to avoid a possible conflict of interest.
Question 9:

When a proceeding for disbarment case is considered sui generis?

Answer:

A disbarment proceeding is considered sui generis or a class by itself, because of


the following reason:

1.
2.
3.
4.

It is neither civil nor a criminal proceeding;


Double Jeopardy cannot be availed of as a defense;
It can be initiated motu proprio by the Supreme Court or by the IBP;
It can proceed regardless of conflict of interest or lack of interest of the
complainant
5. It is imprescriptible;
6. It is confidential
7. It is in itself due process.
Question 10:

Atty. N had an extramarital affair with O, a married woman as a result which begot
a child, P. Atty. N admitted paternity of the child P and undertook support him. On
the basis of this admission, Is Atty. N subjected to the disciplinary action of the
Supreme Court. Why?

Answer:

Yes, In the case of (Tucay vs Tucay 318 SCRA 229). The Supreme Court held
that the finding that a lawyer had been carrying on an illicit affair with a married
woman is grossly immoral conduct and only indicative of an extremely low regard
for the fundamental ethics of the profession.

Question 11:

Atty. LA is a member of the Philippine Bar and the California Bar in the United
States. For willful disobedience of a lawful order of a Superior Court in Los
Angeles, Atty. LA was suspended from the practice of law in California for one (1)
year.

May his suspension abroad be considered a ground for disciplinary action against
Atty. La in the Philippines?

Answer:

The suspension of Atty. LA from the practice of law abroad maybe considered as a
ground for disciplinary action here if such suspension was based on one of the
grounds for disbarment in the Philippines or shows a loss of his good moral
character, a qualification he has to maintain in order to remain a member of the
Philippine Bar.

Question 12:

Atty. BB borrowed P 30,000 from EG to be paid in six months. Despite the


reminders from EG, Atty. BB failed to pay the loan on its due date. Instead of
suing in court EG lodged a complaint for failure to pay just debt against Atty. BB.
The chapter secretary endorsed the matter to the Commission on Bar Discipline. A
Commissioner of the CBD issued an order directing Atty. BB to answer the
complaint against him but latter ignored the order. Another was issued for the
parties to appear before the Commissioner at a certain date and time but only EG
showed up. A third order submitting the case for resolution was likewise ignored
by Atty. BB.

A. May Disciplinary Action be taken against Atty. BB for his failure to pay the
loan? Why?
B. Was Atty. BB justified in ignoring the orders of the Commission on the
ground that the Commission had no power to discipline him for the acts
done in private capacity? Why?

Answer:

A. In the case of Toldedo vs Abalos 315 SCRA 419 the Supreme Court held
that a lawyer may not be disciplined for failure to pay her loan obligation.
The remedy is to file an action for collection against her in the regular
courts. However, unwarranted obstinacy in evading the payment of debt has
been considered as gross misconduct. (Constantino vs. Saludares 228 SCRA
233)
B. Atty. BB is not justified in ignoring the orders of the Commission on Bar
Discipline. In doing so, he violated his oath of office for disobeying orders
of duly constituted authority.
Question 13:

In an extrajudicial settlement of the estate of the late Juan Mayaman, the heirs
requested Judge Maawain, a family friend, to go over the document prepared by a
new lawyer before they signed it. Judge Maawain agreed and even acted as an
instrumental witness.

Did Judge Maawain engage in the unauthorized practice of law?

Answer:

Section 35, Rule 138 of the Revised Rules of Court and Rule 5.07 of the Code of
Judicial Conduct prohibit a judge from engaging in the private practice of law as a
member of the bar giving professional advice to the clients. In the case of (De
Castro vs Capulong, 118 SCRA 5) the Supreme Court Ruled that a judge who
merely acted as a witness to a document and who explained to the party waiving
his rights of redemption over the mortgaged property and the consequence thereof,
does not engage himself in the practice of law. This appears to be more applicable
to the case of Judge Maawain. He did not give professional advice in anticipation
of litigation. He was just asked to review was a deed of extrajudicial settlement of
estate. He signed merely as an instrumental witness and not as a legal counsel.

Question 14:

The family of Judge Matrabaho owns a small department store. With his
knowledge, an employee of the store posted on the bulletin board of his court an ad
for job openings informing the public that applications must be filed in the office
of the judge. For this purpose, the applicants would also be interviewed therein. Is
the judge liable for misconduct?

Answer:

The judge is liable for misconduct. In the case of (Dionisio vs Escano, 302 SCRA
411). The Supreme Court held that the acts of posting advertisements for restaurant
personnel on court bulletin board, using his court address to receive applications,
and of screening applicants in his court, institute involvement in private business
and improper use of court facilities for the promotion of family business is in
violation of the Code of Judicial Conduct. The Restriction Enshrined in Rules 5.02
and 5.03 of the Code of Judicial Conduct on judges which regards their own
business interests is based on the possible interference which may be created by
their business involvements in the exercise of their judicial duties corrodes the
respect and dignity of the courts as a bastion of justice. Judges Must not allow
themselves to be distracted from performance of their
Judicial tasks by other lawful enterprises.

Question 15:

While Miss Malumanay, a witness for the plaintiff, was under cross examination,
Judge Mausisa asked questions alternately with the counsel for the defendant.
After four questions by the judge, the plaintiffs counsel moved that the judged
refrain from asking further questions which tended to favor the defense and leave
the examination of the witness to the defendants counsel, who was a new lawyer.
The Judge explained that he was entitled to ask searching questions.

A. Is the motion tenable?


B. Can the judge justify his intervention how?

Answer:
A. It depends Rule 3.06 of the Code of Judicial Conduct provides that while a
judge may, to promote justice, prevent waste of time or clear up some
obscurity, he may properly intervene in the presentation of evidence during
the trial. But it should always be borne in mind that undue interference may
prevent the proper presentation of evidence of the cause or the ascertainment
of the truth. Thus, if in asking four questions alternately with counsel for
defendant, Judge Mausisa was only trying to clear up some obscurity. He
cannot be accused of undue interference. But if his searching questions were
such as to give impression that is already acting as counsel for the defendant
that is the time it is improper.
B. The judge can justify his intervention on any of the grounds mentioned by
the rule to promote justice avoid waste of time or clear up obscurity.

2004 BAR EXAMINATIONS

Question 1:

Under the Code of Professional Responsibility what are the principal obligations of
a lawyer towards:

A.
B.
C.
D.
E.

The legal profession and the Integrated Bar of the Philippines?


His professional colleagues?
The development if the legal system?
The administration of justice?
His client?

Answer:

A.
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR (Canon 7 Code of Professional
Responsibility).
B.

A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS


AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST OPPOSING
COUNSEL.(Canon 8 Code of Professional Responsibility).
C.
A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE
LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE(Canon 4 Code of Professional Responsibility).
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW
SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE. (Canon 5 Code of
Professional Responsibility).
D.
A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE
LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE. (Canon 4 Code of Professional Responsibility).

A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS


DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE. (Canon 12 Code of Professional Responsibility).
E.
A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. (Canon
15 Code of Professional Responsibility).

Question 2:

In the course the judicial proceeding , a conflict of opinions as to particular legal


course of action to be taken arose between AB and CD, two lawyers hired by MR
XX, a party litigant, to act jointly as his counsel.

How should such problem be resolved, and whose opinion should prevail?

Answer:

When lawyers jointly associated in a cause cannot agree as to any matter vital
to the interest of the client, the conflict of opinion should be frankly stated to
him for final determination. His decision should be accepted unless the nature
of the difference make it impracticable for the lawyers whose judgment has
been overruled to cooperative effectively, In this event, it is his duty to ask his
client to relieve him (Canon 7 Code of Professional Responsibility).

Question 3:

On the eve of the initial hearing for the reception of evidence for defense, the
defendant and his counsel had a conference where the client directed the lawyer to
present as principal defense witness two persons whose testimonies were
personally known to the lawyer to have been perjured. The lawyer informed his
client that he refused to go with the unwarranted course of action proposed by the
defendant. But the client insisted on his directive, or else he would not pay the
agreed attorneys fees.

When the case was called for hearing the next morning, the lawyer forthwith
moved in open court that he be relieved as counsel for defendant. Both the
defendant and the plaintiffs counsel objected the motion.

A. Under the facts given, is the defense lawyer legally justified in seeking
withdrawal to the case?
B. Was the motion for relief as counsel made by the defense lawyer in full
accord with the procedural requirements for a lawyers withdrawal from a
court case?
Answer:

A. Yes, he is justified, under Rule 22.01 of the Code of Professional


Responsibility; a lawyer may withdraw his services If the client insists that
the lawyer pursue a conduct violating the canons and rules in the Code of
Professional Responsibility. The insistence of the client that the lawyer
present witnesses whom he personally knows to have perjured, will exposed
him to criminal and civil liability and violate his duty of candor fairness and
good faith to the court.
B. No, his actuation is not in accord with the procedural requirements for the
lawyers withdrawal from the court case, he cannot just do so and leave the
client in the cold unprotected. He must serve a copy of his petition upon the

client and the adverse party. He should moreover, present his petition well in
advance of the trial of the action to enable the client to secure the services of
another lawyer.
Question 4:

Upon opening the session of his court, the Presiding Judge noticed the presence of
television cameras set up at strategic places in his courtroom and the posting of
media practitioners all over the sala with their video cameras. The Judge forthwith
issued an order directing the exclusion from the courtroom of all television
paraphernalia and further instructing the reporters inside the hall not to operate
their video cams during the proceedings. The defense lawyers objected to the
courts order, claiming that it was in violation of their clients right to a public trial.

A. In issuing the questioned order, did the Judge act in violation of the rights of
the accused to a public trial?
B. Did the Judge act in derogation of the press freedom when he directed the
exclusion of the television paraphernalia from the courtroom and when he
prohibited the news reporters in the courtroom from operating their video
cams during the court proceedings?
Answer:

A. No, the Judge did not violate the right of the accused to a public trial. A trial
is public when anyone interested in observing the manner a judge conducts
the proceedings in his courtroom may do so (Garcia vs Domingo 52 SCRA
143). There is to be no ban on the attendance. In the question given, the
judge did not bar the attendance, only the use of television paraphernalia and
video cameras.
B. No, pressed freedom was never transgressed. The serious risks posed to the
fair administration of justice by live TV and Radio broadcast, especially
when emotions are running high on issues stirred by the case, should be
taken into consideration before addressing the issue of press freedom. The
right of the accused to a fair trial, not by trial by publicity takes precedence
over press freedom as invoked by TV Reporters in the case (Perez vs Estrada
365 SCRA 62).
In considering the premise of the judge, He did not act in derogation of press
freedom. In an En Banc Resolution dated October 23, 1991 Re: Live TV and
Radio coverage of the Hearing of President Corazon C. Aquinos libel case
The Supreme Court ruled:

Considering the Prejudice it poses to the defendants right to due process as


well as to a fair and orderly administration of justice, and considering further
that freedom of the press and the right of the people to information may be
served and satisfied by less distracting, degrading and prejudicial means,
live radio and television coverage of court proceedings shall not be allowed.
Video footages if court hearings for news purposes shall be restricted to
shots of the courtroom, the judicial officers, the parties and their counsel
prior to the commencement of official proceedings. No video shots or
photographs shall be permitted during the trial proper.

Question 5:

Primo, Segundo and Tercero are co-accused in the information charging them with
the crime of homicide. They are respectively represented by Atty. Juan Uno, Jose
Dos and Pablo Tres. During the pre-trial conference, Attys. Uno and Dos
manifested to the court that their clients are invoking an alibi as their defense.
Atty. Tres made it known that Primo and Segundo actually perpetrated the
commission of the offense charged in the information.

In one hearing during the presentation of the prosecutions evidence in chief, Atty.
Uno failed to appear in court. When queried by the Judge if accused Primo is
willing to proceed with the hearing despite his counsels absent, Primo give his
consent provided that Atty. Dos and Tres would be designated as his joint counsel
de officio for that particular act as counsel de officio of accused Primo only for
purposes of the scheduled hearing.

Atty. Dos accepted the designation but Atty. Tres Refused.

A. Is there any impediment to Atty. Dos acting as counsel de officio for


accused Primo?
B. May Atty. Tres legally refuse his designation as counsel de officio

Answer:

A. There is no impediment to Atty. Dos acting as counsel de officio for accused


Primo. There is no conflict of interest involved between Primo and his client
Segundo; considering that both are invoking an alibi as a defense.

B. Atty. Tres may legally refuse his designation as counsel de officio for
accused primo. Since the defense of his client Tercero is that of Primo and
Segundo actually perpetrated the offense which they are all charged, there is
a conflict of interest if there is consistency in the interests of two or more
opposing parties. The test is whether or not in behalf of one client it is the
duty to oppose it for other client (Canon 6 Code of Professional
Responsibility).

Question 6:

A. Atty. DD services were engaged by Mr. BB as defense counsel in a lawsuit,


In the course of the Court Proceedings, Atty. DD discovered that Mr. BB
was an Agnostic and a homosexual. By a reason thereof Atty.DD filed a
motion to withdraw as counsel without Mr. BBs express consent.
Is Atty. DDs motion legally tenable?

B. Assume that your friend and colleague, Judge Peter Mahinay. A Regional
Trial Court stationed at KL city, would seek your advice regarding his
intention to ask the permission of the Supreme Court to act as counsel for
and thus represent her wife in the Regional Trial Court of Appari, Cagayan
What would be your advice to him?

Answer:

A. No, Atty. DDs motion is not legally tenable. He has no valid cause to
terminate his services. His client, Mr. BB, being an agnostic and
homosexual, should not be deprived of his counsels representation solely
for that reason. A lawyer shall not decline to represent a person solely on
account of the latters race, sex, creed or status of life or because of his own
opinion regarding the guilt of the person(Canon 14 Rule 14.01 Code of
Professional Responsibility).
B. I will advise him against it. Rule 5.07 of the Code of Judicial Conduct
expressly and absolutely prohibits judges from engaging in the private
practice of law, because of the incompatible nature between duties of a
lawyer and a judge. Moreover as a Judge he can influence to a certain extent
the outcome of the case even if it is with another court. A judge shall refrain
from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency(Rule 2.04 Code of Judicial
Conduct).

Question 7:

A. Upon learning from newspaper reports that bar candidate Vic Pugote passed
the bar examinations, Miss Adorable immediately lodged a complaint with
the Supreme Court. Praying Vic Pugote be disallowed from taking the oath
as a member of the Philippine Bar because he was maintaining illicit
relationship with several women other than his lawfully wedded spouse,
however from unexplained reasons, he succeeded to take his oath as a
lawyer. Later, when confronted with Miss Adorables complaint formally;
Pugote moved for the dismissal of the case on the ground of it being moot
and academic.
Should Miss Adorables, complaint be dismissed or not?

B. Alleging that Atty. Malibu seduced her when she was sixteen years old,
which resulted in her pregnancy and the birth of a baby girl, Miss Magayon
filed a complaint for his disbarment seven years after the alleged seduction
was committed. Atty. Malibu contended that considering the period of delay
that the complaint was file. It can no longer be entertained much less
prosecuted since the offense already prescribed.
Is Atty. Malibus contention tenable?

Answer:

A. It should not be dismissed. Her charge involves a matter of good moral


character which is not only a requisite in the admission to the Bar, but also a
continuing condition for remaining a member to the Bar. As such admission
of Vic Pugote to the Bar does not make it moot and Academic.
B. Atty. Malibus contention is not tenable. Disciplinary proceedings are Sui
Generis. They are neither civil nor criminal proceedings. Its purpose is not to
punish the individual lawyer but to safeguard the administration of justice by
protecting the court and the public from the misconduct of lawyers and to
remove from the profession of law persons whose disregard of their oath of
office proves them unfit to continue discharging the trust reposed in them as
members of the bar. Disbarment is imprescriptible. Unlike ordinary
proceedings, it is not subject to the defense of prescription. The ordinary
statute of limitations has no application to disbarment proceedings ( Calo vs
Degamo 20 SCRA 1162).
Question 8:

A. A disbarment complaint against a lawyer was referred by the Supreme Court


to a Judge of the Regional Trial Court for investigation, report and
recommendation. On the date set for the hearing of the complaint, the Judge
had the case called for trial in open court and proceeded to receive evidence
for the complainant, the Judge receive evidence for the complaint. What
would you have done if you were the counsel for the respondent lawyer,
why?
B. Atty. Jarazo filed a civil suit for damages against his business. Associates.
After due trial, Judge Dejado rendered the judgment, dismissing Atty. Jarazo
complaint. Thereby rendering the judgment final and executory. Thereafter
Atty. Jarazo filed a criminal complaint accusing Judge Dejado of rendering a
manifestly unjust judgment before the office of the Ombudsman. Will Atty.
Jarazos complaint against Judge Dejado prosper?
Answer:

A. I would object to the holding of a trial in public. Disciplinary proceedings


against an attorney are confidential in nature until its termination. The
professional success of a lawyer depends almost entirely on his good
reputation. If that is tarnished, it is difficult to restore the same. To avoid the
unnecessary ruin of a lawyers name, disbarment proceedings are directed to
be confidential until their final determination.(Sec. 18 Rule 139-B Rules of
Court).
B. Atty. Jarazo complaint will not prosper. The rule is that before a civil action
or criminal action against a judge for violating Art.204 of the revised penal
code(knowingly rendering an unjust judgment) can be entertained, there
must be a final and authoritative declaration that the decision is indeed
unjust( De Vera vs Pelayo 355 SCRA 281). By not appealing the decision of
Judge Dejado to a higher court, Atty. Jarazo cannot prove that there is an
authoritative and final declaration that the said decision is unjust. Thus his
criminal complaint will not prosper.
Question 9:

A. Judge Aficionado was among the several thousands of spectators watching a


basketball game at the Rizal Memorial Coliseum who saw the stabbing of
referee Maykilling by player Baracco in the course of the game. The
criminal case correspondingly filed against Baracco for stabbing of
Maykilling was raffled to the Regional Trial court branch presided by Judge
Aficionado. Should the Judge sit in Judgment over and try the case against
Baracco?
B. Atty. Walasunto has been a member of the Philippine Bar for twenty years
but has never plied his profession as a lawyer. His sole means of livelihood
is selling and buying real estate. In one of the transactions as a real estate
broker, he issued a bouncing check. He was criminally prosecuted and
subsequently convicted violating B.P. 22. In the disbarment proceedings
filed against him, Atty. Walasunto contented that his conviction for violation
of B.P. 22 was not a valid ground for disciplinary action against a member
of the bar. He further argued that his act in issuing the check was done in

relations to his calling as a real estate broker and not in the relation of the
practice of law. Are the contentions of Atty. Walasunto meritorious or not?

Answer:

A. No she should not preside over the case. Rule 3.12(a) of the Code of Judicial
Conduct provides that a judge should not take part in any proceedings where
the judge has personal knowledge of disputed evidentiary facts concerning
the same.
B. No, his contentions are not meritorious. In the first place, a ground for
disbarment is conviction of a crime involving moral turpitude( Sec. 27 Rule
138, Rules of Court) and violation of B.P. 22 is considered a crime involving
moral turpitude( People v. Tuanda, 181 SCRA 692). In the second place
Rule 7.03 of the Code of Professional Responsibility provides that a lawyer
shall not engage in conduct adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in scandalous manner
to the discredit of the legal profession. Additionally Rule 1.01 of the same
Code provides that a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.

2005 BAR EXAMINATIONS

Question 1:

1. Which of the following need not be verified?

a.
b.
c.
d.
e.

Petition for Certiorari.


Interpleader.
Petition for Habeas Corpus.
Answer with compulsory counterclaim.
All pleadings under the rules of summary procedure.

2. Which of the following statement is false?


a. All administrative cases against erring Justices of the appellate courts and judges
of lower courts fall exclusively within the jurisdiction of the Supreme Court.

b. Administrative cases against erring Justice of the Court of Appeals and Sandigan
bayan,judges lawyers in the government are not automatically treated in a
disbarment case.
c.The IBP Board of governors may motu proprio or upon referral by the Supreme
Court or by a Chapter Board of Officers, or at the instance of any person, initiate
and prosecute against erring lawyers including those in government service.
d. filing of an administrative case against the judge is not a ground for
disqualification or inhibition..
3.On which of the following the lawyer is proscribed from testifying as a witness
in a case he is handling for a client.
a. On the mailing of documents
b.On authentication or custody of any instrument.
c.On the theory of the case
d. On substantial matters in cases where his testimony is essential to the ends of
justice

Answer:
1. B and D does not need to be verified
2. B is false
3. C.

Question 2:

Mike Andelantado, an aspiring lawyer, disclosed in his petition to take the 2003
bar examinations that there were to civil cases pending against him for nullification
of contract and damages. He was thus allowed to conditionally take the bar and
subsequently placed third in the said exams.
In 2004, after the two civil cases had been resolved, Mike Adelantado filed his
petition to take the lawyers oath and sign the Roll of Attorneys before the Supreme
Court. The Office of the Bar Confidant, However had received two anonymous
letters; the first alleged that the time Mike Adelantado filed his petition to take the
bar, he had two other civil cases pending against him, as well as a criminal case for
violation of B.P. 22 the other letter alleged that Mike Adelantado, as Sangguniang
Kabataan Chairperson had been signing the attendance sheets of meetings as Atty.
Mike Adelantado.

a. Having passed the bar, can Mike Adelantado already use the appellation

Attorney?
b. Should Mike be allowed to take his oath and sign the Attorneys Roll?
Answer:

a. No, only those who have been admitted to the Philippine Bar can be called
Attorney(Alawin vs Alauya 268 SCRA 628) Passing the bar examination is
not sufficient for admission of a person to the Philippine Bar. He still has to
take oath of office and sign the Attorneys Roll as prerequisite for
admission.
b. No, he should not be allowed to take his oath and sign the Attorneys
Roll(Canon 7 Rule 7.01 Code of Professional Responsibility). Provides that
a lawyer shall be answerable knowingly making a false statement or
suppressing material facts in connection with his application to the bar. Mr.
Adelantado made a false statement in his application to the bar by revealing
only that there were two pending civil cases against him, and suppressed
material facts that there was also a criminal case pending against him. This
is a sufficient ground for him to be denied admission to the Philippine Bar.
He also showed lack of good moral character in using the title attorney
before admission to the bar.
Question 3:

Atty. Kuripot was one of the Town Banks valued clients, In recognition of his
loyalty to the bank; he was issued a gold credit card with a limit of 250,000 php.
After two months. Atty. Kuripot exceeded his credit limit and refused to pay the
monthly charges as they fell due. Aside from collection suit,Town Bank also filed
a disbarment case against Atty. Kuripot.

In his comment on the disbarment case, Atty. Kuripot insisted that he did not
violate the Code of Professional Responsibility, since his obligation to the bank
was personal in nature and had no relation his being a lawyer.

A. Is Atty. Kuripot Correct?


B. Explain whether Atty. Kuripot should be held administratively liable for his
refusal to settle his credit card bill.
Answer:
A. Atty. Kuripot is not correct. (Canon 7 Rule 7.03 Code of Professional
Responsibility).provides that a lawyer shall not engage in conduct that
adversely affect his fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to discredit the legal profession.
B. He may not be administratively liable. The Supreme Court has held that it
does not take original jurisdiction of complaints for collection of debts. The
creditors course of action is civil not administrative in nature and proper

reliefs may be obtained from the regular courts ( Litigio vs Dicon 246 SCRA
9). Although lawyers have been held administratively liable for obstinacy in
evading payment of a debt. The facts given do not show obstinacy shown in
this case.

Question 4:

You had, taken your oath as a lawyer. The secretary to the president of a big
university offered to get you as the official notary public of the school. She
explained that, a lot of their student lost their identification card and is required to
secure an affidavit of loss before they can issue a new one. She claimed that it will
be lucrative for you as more than 30 students lost their identification cards every
month. However the secretary wants you to give half of your earning to the
secretary of the school.

Will you agree to the arrangement?

Answer;

No, I will not agree (Canon 9 Rule 9.02 Code of Professional Responsibility).
Provides; that a lawyer shall not divide or stipulate to divide legal service with
persons not licensed to practice law. The secretary is not licensed to practice law
and is not entitled to practice law and not entitled to a share of the fees for
notarizing affidavits, which is a legal service.

Question 5:

Judge Horacio would usually go to the cockpits on Saturdays for relaxation, as the
owner of the cockpit is a friend of his. He also goes to the casino once a week to
accompany his wife who loves to play slot machines, because of this, Judge
Horacio was administratively charged. When asked to explain, he said although he
goes to these places, he only watches and does not place bets.

Is his excuse tenable?

Answer:

The explanation of Judge Horacio is not tenable. In the case of (City of Tagbilaran
vs Hontanosas Jr 375 SCRA 1) the Supreme Court penalized a city court judge for
going to gambling casinos and cockpits on weekends. According to the court,
going to a casino violates Circular No.4, dated August 27 1980 which enjoins
judges if inferior courts from playing or being present in gambling casinos.

The prohibition refers to both actual gambling and mere presence in gambling
casinos. A judge personal behavior, not only in the performance of judicial duties,
but also in his everyday life, should be beyond reproach.

With regard to going to cockpits, the Supreme Court held that Verily it is plainly
despicable to see a judge inside a cockpit or any gambling establishments more so
to see him bet therein. It is an unbecoming of a Judge and undoubtedly impairs the
respect due to him. Ultimately the Judiciary suffers therefrom because a Judge is a
visible representation of the Judiciary ( City of Tagbilaran vs Hontanosas Jr.)

Question 6:

A businessman is looking for a new retainer. He approached you and asked for
your schedule of fees or charges. He informed you of the professional fees he is
presently paying his retainer, which is actually lower than your rates. He said if
you lower your rates he will engage your services.

Will you lower your rates in order to get the client?

Answer:

No, I would not (Canon 2 Rule 2.04 Code of Professional Responsibility).provides


that a lawyer shall not charge rates lower than those customarily prescribed unless
circumstances so warrant. This is aimed against practice cutthroat competition
which is not in keeping with the principle that the practice of law is a noble
profession and not a trade. Moreover, if he agrees, he would be encroaching on the
employment of a fellow lawyer.

Question 7:

A. Judge Segotier is a member of Phi Nu Phi Fraternity. Atty. Nonato filed a


motion to disqualify Judge Segotier on the ground that the counsel for the
opposing party is also a member of the Judges fraternity. Judge Segotier
denied the motion. Comment on his ruling?
B. In an intestate proceeding, a petition for the issuance of letters of
administration in favor of a Regional Trial Court Judge was filed by one of
the heirs. Another heir opposed the petition on the ground that the Judge is
disqualified to become an administrator of the estate as he is the brother-inlaw of the deceased. Rule on the Petition.

Answer:
A. The ruling of the Judge Segotier is correct. The fact that a judge is a former
classmate of one of his counsel to the case has been held insufficient ground
for the disqualification of the Judge( V.da de Bonifacio vs B.L.T. Bus Co.
34 SCRA 618). Intimacy or friendship between a judge and an attorney of
record has also been held to be insufficient ground for the formers
disqualification.
B. I will deny the petition for issuance of letters of administration in favor of
the Regional Trial Court Judge( Rule 5.06 of the Code of Judicial Conduct)
provides that a judge should not serve as the executor, administrator, trustee,
guardian or other fiduciary, except for the estate, trust, or person of a
member of the immediate family, and then only if such interference with the
proper performance of his judicial duties. The exception is not applicable

because member of the immediate family is defined in the same rule as the
limited spouses and relatives within the second degree of consanguinity. The
deceased brother in law of the judge is not a relative within the second
degree of consanguinity but of affinity.
Question 8:

Due to the number of cases handled by Atty. Cesar he failed to file a notice of
change of address to the court of Appeals. Hence he was not able to file an
Appellants Brief and consequently the case was dismissed. Aggrieved Atty. Cesar
filed a motion for reconsideration of the resolution dismissing the appeal and to set
aside the entry of judgment on the ground that he already indicated in his urgent
motion for extension of time to file and appellants brief, his new address and that
his failure to file a notice of change of address is an inexcusable negligence. Will
the motion Prosper?

Answer:

The motion will not prosper, it is the lawyers duty to inform the court or to make
of record of the changes in his address. His failure to do so does not constitute
excusable negligence. The lawyer cannot presume that the court will take
cognizance of the new address in his motion for the extension of time.

Question 9:

Darius is charge with the crime of murder. He sought Atty. Francias help and
assured the latter that he did not commit the crime. Atty. Francia Agreed to
represent him in court. During the trial the prosecution presented several witnesses
whose testimonies convinced Atty. Francia that her client is Guilty. She confronted
his client and eventually admitted the crime. In view of this admission, Atty.
Francia decided to withdraw the case. Should Atty. Francia be allowed to do so?

Answer:

1. No,he should not be allowed to withdraw. A lawyer may withdraw as


counsel only with the consent of the client and with leave of court and only
for good cause enumerated in (Rule 22.01 Canon 22 Code of Professional
Responsibility). A lawyer shall not decline to represent a person solely
because of his opinion regarding the guilt of the person (Rule 14.01 Canon
14 Code of Professional Responsibility).

Question 10:

Atty. Yabang was suspended as a member of the Bar for the period of one year.
During the period of suspension, he was permitted by his law firm to continue
working in their office, drafting and preparing pleadings and other legal
documents, but was not allowed to direct contact with firms clients. Atty. Yabang
was subsequently sued for illegal practice of law. Would the case prosper?`

Answer:

The Supreme Court defined the practice of law as any activity in or out of court,
which requires the application of law, legal principle, practice or procedure and
calls for legal knowledge training and experience ( Cayetano vs Monsod 201
SCRA 210). Based on this Definition, the acts of Atty. Yabang of preparing
pleadings and other legal documents, would constitute practice of law; If so his
activities are for the benefit of his law firm, because the employment of all the
members thereof. The case against him will prosper,

Question 11:

Atty. Japzon, a former partner of XXX law firm, is representing Kapuso


Corporation in a civil case against Kapamilya Corporation whose legal counsel is
XXX law firm. Atty. Japzon claims that she never handled the case of Kapamilya
Corporation when she was still with XXX law firm. Is there a conflict of interest?

Answer:

There is a conflict of interest when a lawyer represents inconsistent interests. This


rule covers not only cases in which confidential communications have been
confided, but also those in which no confidence has been bestowed or will be used.
Also, there is no conflict of interest if the new retainer will require the attorney to
perform an act which will injuriously affect his first client in any matter in which
he represents him and also where he will be called upon in his new relation to use
against his first client any knowledge acquired through their connection (Santos vs
Beltran 418 SCRA 17) Since Atty. Japzon was a partner of XXX law firm which
has Kapamilya Corporation as its client, she cannot handle against it as such will
involve conflict of interest. The employment of law firm is equivalent to the
retainers of the members thereof. It does not matter if Atty. Japzon never handled a
case of kapamilya Corporation when she was still with the XXX law firm.

Question 12:

Pending before the sala of Judge Magbag is the case of CDG versus JQT. The legal
counsel of JQT is Atty. Ocsing who happens to be the brother of Atty. Ferreras, A
friend of JudgeMagabag. While case is still being heard Atty. Ferreras and his wife
invited Judge Magabag on their wedding anniversary. Judge Magbag attended the
party and was seen conversing with Atty. Ocsing while they were eating at the
same table.
Comment on the Propriety of the act of Judge Magbag?

Answer:

A judge is not required to live in seclusion he is permitted to have a social life as


long as it does not interfere with his judicial duties or detract from the dignity of
the court
(Canon 5, Code of Judicial Conduct).However he should be scrupulously careful to
avoid such action as nay reasonably tend to awaken the suspicion that his social or
business relations or friendships constitute an element in determining his judicial
action. A judge should avoid impropriety and appearance of impropriety in all
activities(Canon 2, Code of Judicial Conduct).Sitting on the sane table and
conversing with a lawyer with a pending case before him raises such appearance of
impropriety.