I.

While Atty. MR was awaiting for his case to be called, Judge RV approached the representative of Atty.
MR’s client and told him “Popoy, tell your boss that his lawyer is just bleeding him dry!”. The remark was
made within hearing distance of other litigants awaiting their turn inside the courtroom. In another
occasion, Judge RV told Atty. MR, “Panero, tell you client, he cannot outlive this case!” Will a complaint
for conduct unbecoming of a member of the judiciary prosper against Judge RV under the facts
obtaining in the instant case?

II.

A Complaint was filed before the Office of the Bar Confidant by Mrs. Agbulos against Atty. Viray for
allegedly notarizing a document denominated as Affidavit of Non-Tenancy in violation of the Notarial
Law since a competent evidence of identity was not presented. Atty. Viray argued that the Notarial
Rules did not amend Section 163 of the Local Government Code which only requires the presentation of
a Community Tax Certificate when notarizing a document since the rules promulgated by the Supreme
Court cannot amend the law. Was the affidavit validly notarized? Explain.

III.

Discuss the propriety of a lawyer filing court litigations against his client over his fees.

IV.

Atty. Harold wrote in the Philippine Star his view that the decision of the Supreme Court in a big land
case is incorrect and should be re-examined. The decision is not yet final. Atty. Alfonso, the counsel for
the winning party in that case, filed a complaint for disbarment against Atty. Harold for violation of the
sub judice rule and Canon 11 of the CPR that a lawyer shall observe and maintain the respect due to the
courts. Explain the sub Judice rule and rule on the disbarment case.

V.

Atty. Avaro has consistently failed to pay his annual IBP dues for several years. Demand letters have
been sent to him and he has acknowledged receipt of these letters. However, all the IBP’s efforts proved
futile. As a result, the IBP sent Atty. Avaro a notice that his name would be stricken off the Roll of
Attorneys.

Was the IBP’s action correct?

VI.
Enumerate and define at least five kinds of lawyers.

VII.

Define practice of law.

VIII.

The Lawyer's Oath is a source of obligation and its violation is a ground for suspension, disbarment, or
other disciplinary action. State in substance the Lawyer's Oath.

IX.

a. Explain the doctrine of quantum meruit in determining the amount of attorney's fees.

b. Identify the factors to be considered in determining attorney's fees on a quantum meruit basis.

X.

Atty. Billy, a young associate in a medium-sized law firm, was in a rush to meet the deadline for filing his
appellant's brief. He used the internet for legal research by typing keywords on his favorite search
engine, which led him to many websites containing text of Philippine jurisprudence. None of these sites
was owned or maintained by the Supreme Court. He found a case he believed to be directly applicable
to his client's cause, so he copied the text of the decision from the blog of another law firm, and pasted
the text to the document he was working on. The formatting of the text he had copied was lost when he
pasted it to the document, and he could not distinguish anymore which portions were the actual
findings or rulings of the Supreme Court, and which were quoted portions from the other sources that
were used in the body of the decision. Since his deadline was fast approaching, he decided to just make
it appear as if every word he quoted was part of the ruling of the Court, thinking that it would not be
discovered.
Atty. Billy's opponent, Atty. Ally, a very conscientious former editor of her school's law journal, noticed
many discrepancies in Atty. Billy's supposed quotations from the Supreme Court decision when she read
the text of the case from her copy of the PhUippine Reports. Atty. Billy failed to reproduce the
punctuation marks and font sizes used by the Court. Worse, he quoted the arguments of one party as
presented in the case, which arguments happened to be favorable to his position, and not the ruling or
reasoning of the Court, but this distinction was not apparent in his brief. Appalled, she filed a complaint
against him.

a. Did Atty. Billy fail in his duty as a lawyer? What rules did he violate, if any? (2%)

b. How should lawyers quote a Supreme Court decision?

LEGAL LOGIC

XI.

Explain the doctrine of Stare decisis.

XII.

A pregnant woman was involved in a vehicular mishap which endangered her life and that of the unborn
child. At the hospital, the attending doctor’s prognosis was that the mother’s condition requires that a
surgical operation be done immediately, but doing so would mean intentionally placing the unborn
child’s life at risk. Thus, after careful deliberation, the doctor decided to wait until the condition of the
mother has stabilized before performing the operation. Unfortunately, the child died even before the
operation could be done. The family of the mother now asks for your advice on the possible criminal
charges which may be filed against the doctor as the latter is insisting that in such cases, doctors cannot
pursue a course of action which would consciously put in peril the life of either the mother of the
unborn child. Is it logically correct to file charges against the doctor? Decide in this matter in the
language of law and logic.

XIII.

Enumerate and explain each of the five rules of a good definition.

XIV.
All felonies are criminal offense. All felonies are punishable by incarceration. Therefore, all criminal
offenses are punishable by incarceration.

Rule on the validity of the argument using logic and law.

XV.

Give one fallacy previously discussed. Define and give example.