A. Multiple Choice.

1. (a) No, Because Atty. Chito’s continued appearances in the cases [were] without
authority since 14 January 2007.

2. (d) Yes, because he knowingly let Emily’s false testimony pass for truth.
Rule 10.01 of the Code of Professional Responsibility states that “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.” Any person who
shall knowingly offer in evidence a false testimony in any judicial or official
proceedings shall be liable. The act of Atty. Jose of not contesting the claim of
Emily that her injuries were serious constitutes false testimony. Thus, Atty. Jose
is liable.

3. (b) the Local Government Code prohibits them from practicing their profession.
The Local Government Code provides that all governors, city and
municipal mayors are prohibited from practicing their profession or engaging in
any occupation other than the exercise of their functions as local chief
executives. Thus, being barred from exercising their practice of law under the
Local Government Code, they are also exempted from the Mandatory Continuing
Legal Education requirement.

4. (b) Yes, since he was evidently shopping for a sympathetic forum, a

condemnable practice.
Rule 12.02 of the Code of Professional Responsibility states that “A
lawyer shall not file multiple actions arising from the same cause.” The act of the
counsel for Philzea Mining of appealing the decision of the Bureau of Mines to
the Environment Secretary and filing a special civil action of certiorari with the
Court of Appeals constitute multiple actions arising from the same cause. Thus,
the counsel for Philzea Mining commited an ethical impropriety in his actions.

5. (a) No, because he cannot appear against a government instrumentality in a civil

case.
The Local Government Code provides that Sanggunian members may not
appear as counsel before any court in any civil case wherein a local government
unit or any unit, agency, or instrumentality of the government is that adverse
party. In the case at bar, Atty. Eliseo appear as counsel for Allan in a case
wherein the Philippine Charity Sweepstakes Office (PSCO) is the adverse party.
Thus, Atty. Eliseo is incorrect in claiming that the Local Government Code
authorizes him to practice law as long as it does not conflict with his duties.

6. (a) Failing to file his client’s appeal brief despite 2 extensions upon the excuse
that the client did not coordinate with him.
Rule 12.03 of the Code of Professional Responsibility states that “A
lawyer shall not, after obtaining extensions of time to file pleadings, memoranda,
 or briefs, let the period lapse without submitting the same or offering an
explanation for the failure to do so.” Postponement is not a matter of right, but
of sound discretion of the court. It is incumbent upon the counsel to not let the
period for extension lapse without providing an explanation for his or her failure.
Thus, failing to file his client’s appeal brief despite 2 extensions upon the excuse
that the client did not coordinate with him demonstrates counsel’s lack of
diligence in serving his client’s interest.

7. (d) Client’s written consent filed in court.

Canon 22 of the Code of Professional Responsibility states that “A lawyer
shall withdraw his services only for good cause and upon notice appropriate in
the circumstance.” The right of a counsel to withdraw his service to a client in a
case is restricted and allowed only with the client’s written consent filed in court.

8. (d) Absolutely nothing.

Atty. Arthur is not entitled to any fee because the retainer agreement
provides for a 33% fee contingent on their winning the case. A contingent fee is
conditioned on the securing of a favorable judgment. In the case at bar, they lost
the case. Thus, Atty. Arthur is entitled to absolutely nothing as a fee.

9. (d) No, because receipt of compensation is not the sole determinate of legal
practice.
Canon 9 of the Code of Professional Responsibility states that “A lawyer
shall not, directly or indirectly, assist in the unauthorized practice of law.
Unauthorized practice of law is committed when a person, not a lawyer,
pretends to be one and performs acts which are exclusive to members of the
bar. The acts of Ronnie, not a lawyer, in helping Beth in a property dispute by
giving her legal advice and preparing a complaint for her constitute unauthorized
practice of law. Thus, Ronnie is incorrect in claiming that he had not practice law
since he did not receive compensation from Beth for his help.

10. (a) It cannot attach to judgments for delivery of real estates.

Charging lien is an equitable right to have the fees and lawful
disbursements due a lawyer for his services in a suit secured to him out of the
judgment for the payment of money and executions issued in pursuance thereof
in the particular suit. Once duly recorded, it attaches to the judgment for the
payment of money and the executions issued in pursuance of such judgment.
However, charging lien does not attach to property or land in litigation.

B. Objective:
I. Enumeration
1. The criteria for the practice of law are the following:
a. compensation;
b. habituality;
 c. application of law, legal principle, practice or procedure which calls for
legal knowledge, training and experience; and
d. attorney-client relationship.

2. The privileges of a lawyer are the following:

a. to practice law during good behavior before any judicial, quasi- judicial,
or administrative tribunal;
b. the first one to sit in judgment on every case, to set the judicial
machinery in motion;
c. enjoys the presumption of regularity in the discharge of his duty;
d. he is immune, in the performance of his obligation to his client, from
liability to a third person insofar as he does not materially depart from
his character as a quasi-judicial officer;
e. his statements, if relevant, pertinent or material to the subject of
judicial inquiry are absolutely privileged regardless of their defamatory
tenor and of the presence of malice;
f. first grade civil service eligibility for any position in the classified service
in the government the duties of which require knowledge of law; and
g. second grade civil service eligibility for any other government position
which does not prescribe proficiency in law as a qualification.

3. Public officials who are prohibited from practicing law are:

a. Judges and other officials or employees of the superior court;
b. Officials and employees of the Office of the Solicitor General;
c. Government Prosecutors;
d. President and Vice-President;
e. Members of the Cabinet, their deputies and assistants;
f. Chairmen and members of the Constitutional Commissions;
g. Ombudsman and his deputies;
h. Governors, city and municipal mayors;
i. Those who, by special law are prohibited from engaging in the practice
of their legal profession.

4. The requirement before someone who reacquires Filipino citizenship can engage
in the practice of law are:
a. updating and payment in full of annual membership dues in the
Integrated Bar of the Philippines (IBP);
b. payment of professional tax;
c. completion of at least 36 credit hours of Mandatory Continuing Legal
Education (MCLE); and
d. retaking of the lawyer’s oath.

5. Non-compliance in Mandatory Continuing Legal Education (MCLE) constitutes:

 a. failure to complete education requirement within the compliance
period;
b. failure to provide attestation of compliance or exemption;
c. failure to provide satisfactory evidence of compliance;
d. failure to satisfy the education requirement;
e. failure to furnish evidence of compliance within 60 days from receipt of
non-compliance notice; and
f. any other act or omission analogous to any of the foregoing or intended
to circumvent or evade compliance with the MCLE requirement.

II. Definition
1. Barratry is the offense of frequently exciting and stirring up quarrels and suits,
either at law or otherwise, even if there is cause or not.

2. Ambulance chasing is the solicitation of almost any kind of legal business by an

attorney, personally or through an agent, in order to gain employment.

3. Pro se is a person who chooses not to be represented by legal counsel during

court proceedings.

4. Attorney-in-fact is an agent whose authority is strictly limited by the instrument

appointing him, though he may do things not mentioned in his appointment
necessary to the performance of the duties specifically required of him by the
power of attorney appointing him, such authority being necessarily implied.

5. Amicus Curiae means a friend of the court, not a party to the action. He or she is
an experienced and impartial attorney invited by the court to appear and help in
the disposition of the issues submitted to it