PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.

Explain your answer in not more than two (2) senten es. (!")

NEW CODE OF JUDICIAL CONDUCT

A. The Bangalore Draft, appro#e$ at a Roun$ta%le &eetin' of (hief )usti es hel$ at The *a'ue, is now the +ew (o$e of )u$i ial (on$u t in the ,hilippines. (True of False, explain) TRUE. The -an'alore .raft was a$opte$ %y the ,hilippine Supreme (ourt throu'h A$min matter +o. /01/!1/21S( an$ whi h too3 effe t on )une 2, 2//4.

RULE 138 Attorneys and Adm ss on to !ar

A. A charging lien" as d st n#$ s%ed &rom a retaining lien" s an a't (e ) en *% '% 'an +e en&or'ed +y e,e'$t on TRUE. A lawyer to insure the payment of his professional fee is either to retain the fun$s, $o uments, an$ papers of his lient whi h may ha#e lawfully ome into his possession, or to enfor e it upon any 5u$'ment for the payment of money he may se ure in fa#or of his lient. An$ it has %een hel$ that the retainin' lien is $epen$ent upon possession an$ $oes not atta h to anythin' not in attorney6s han$s. The lien exists only so lon' as the attorney6s retains possession en$s (.e (aina #s 7i toriano) !. An attorney ad hoc s a )a*yer a--o nted +y t%e 'o$rt to re-resent an a+sentee de&endant n a s$ t n *% '% t%e a--o ntment s made. .TRUE OR FALSE/ TRUE. C. W%at s t%e o+0e't o& t%e +ar e,am nat ons1 E,-)a n. A+S8ER9 )urispru$en e ha#e pro#i$e$ that the practice of law is not a right but a privilege bestowed by the State upon those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege. Therefore, in or$er to stay true with the aforementione$ prin iples, the o%5e t of the %ar exam is to ser#e as a me hanism to $etermine who are :ualifie$ to pra ti e law.

D. 2ay a -arty a--ear as % s o*n 'o$nse) n a 'r m na) or n a ' ( ) 'ase1 E,-)a n. ;es. <n riminal ases, Se 2( ) of Rule 22! of the Rules of (ourt pro#i$e that upon motion, the a use$ may %e allowe$ to $efen$ himself in person when it suffi iently appears to the ourt that he an properly prote t his ri'ht without the assistan e of ounsel. =n the other han$, with respe t to i#il ases, Rule 20>, Se 04 states that in the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the aid an attorney. n any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authori!ed member of the bar. E. W%at s t%e st$dent -ra't 'e r$)e1 Un$er this rule, a law stu$ent who has su essfully omplete$ his 0r$ year of the re'ular four1year pres ri%e$ law urri ulum an$ is enrolle$ in a re o'ni?e$ law s hool6s lini al le'al e$u ation pro'ram appro#e$ %y the Supreme (ourt, may appear without ompensation in any i#il, riminal or a$ministrati#e ase %efore any trial ourt, tri%unal, %oar$ or offi er, to represent in$i'ent lients a epte$ %y the le'al lini of the law s hool. (Rule 20>1A, Rules of (ourt)

CODE OF PROFESSIONAL RESPONSI!ILIT3

CANON 14 5 A LAW3ER S6ALL O!SER7E CANDOR" FAIRNESS AND LO3ALT3 IN ALL 6IS DEALIN8S AND TRANSACTIONS WIT6 6IS CLIENTS. A. La*yer 'annot re&$se to d ($)#e t%e name or dent ty o& % s ') ent. .Tr$e or Fa)se/ FALSE. There are ertain ex eptions wherein the lawyer may refuse $i#ul'e the i$entity of his lient. *e may $o so9 2. 8here a stron' pro%a%ility exists that re#ealin' the i$entity woul$ impli ate the lient in the #ery a ti#ity for whi h he sou'ht the lawyer@s a$#i e. 2. 8here $is losure woul$ open the lient to i#il lia%ility. 0. 8here the 'o#ernment@s lawyers ha#e no ase a'ainst an attorney@s lient unless %y re#ealin' the lient@s name.

!. W%at are t%e t%ree .3/ tests to determ ne 'on&) 't o& nterest &or -ra't ' n# )a*yers1 E,-)a n ea'% +r e&)y. <n the ase of Auiam%ao #s -am%a the S.(. hel$ that developments in jurisprudence have particulari!ed various tests to determine whether a lawyer"s conduct lies within this proscription. #ne test is whether a lawyer is duty$bound to fight for an issue or claim in behalf of one client and, at the same time, to oppose that claim for the other client. %hus, if a lawyer"s argument for one client has to be opposed by that same lawyer in arguing for the other client, there is a violation of the rule. &nother test of inconsistency of interests is whether the acceptance of a new relation would prevent the full discharge of the lawyer"s duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double$ dealing in the performance of that duty. Still another test is whether the lawyer would be called upon in the new relation to use against a former client any confidential information acquired through their connection or previous employment.

RULES ON NOTARIAL PRACTICE

A. A notary pu%li is $is:ualifie$ from performin' a notarial a t when the party to the $o ument is a relati#e %y affinity within the 4th i#il $e'ree. (True or False) True. Un$er Se 0 ( ) of the 2//4 Rules on +otarial ,ra ti e notary pu%li is $is:ualifie$ from performin' a notarial a t if he is a spouse, ommon1law partner, an estor, $es en$ant, or relati#e %y affinity or onsan'uinity of the prin ipal within the fourth i#il $e'ree. &ay a party appear as his own ounsel in a riminal or in a i#il aseB Explain. (0") ;es. <n riminal ases, Se 2( ) of Rule 22! of the Rules of (ourt pro#i$e that upon motion, the a use$ may %e allowe$ to $efen$ himself in person when it suffi iently appears to the ourt that he an properly prote t his ri'ht without the assistan e of ounsel. =n the other han$, with respe t to i#il ases, Rule 20>, Se 04 states that in the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the aid an attorney. n any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authori!ed member of the bar.

a. <n a ase for homi i$e file$ %efore the Re'ional Trial (ourt (RT(), ,resi$in' )u$'e Auintero issue$ an or$er for the arrest of the a use$, 'rante$ a motion for the re$u tion of %ail, an$ set the $ate for the arrai'nment of the a use$. Su%se:uently, )u$'e Auintero inhi%ite$ himself from the ase, alle'in' that e#en %efore the ase was raffle$ to his ourt, he alrea$y ha$ personal 3nowle$'e of the ir umstan es surroun$in' the ase. <s )u$'e Auintero@s inhi%ition 5ustifie$B Explain. (0") ;ES. Rule 0.22 of the ()( expressly pro#i$es that 5u$'es shoul$ ta3e no part in the pro ee$in' where the 5u$'eCs impartiality mi'ht %e reasona%ly :uestione$ whi h in lu$es, amon' other, ha#in' personal 3nowle$'e of $ispute$ e#i$entiary fa ts on ernin' the pro ee$in'. Furthermore, the issue of #oluntary inhi%ition is primarily a matter of soun$ $is retion on the part of the 5u$'e. .is retion is 'i#en to 5u$'es as an a 3nowle$'ement of the fa t that they are in a %etter position to $etermine whether they shoul$ inhi%it or not. %. After %ein' $ia'nose$ with stress dermatitis, )u$'e Rosalin$, without see3in' permission from the Supreme (ourt, refuse$ to wear her ro%e $urin' ourt pro ee$in's. 8hen her attention was alle$, she explaine$ that whene#er she wears her ro%e she is remin$e$ of her hea#y aseloa$, thus ma3in' her tense. This, in turn, tri''ers the out%rea3 of s3in rashes. <s )u$'e Rosalin$ 5ustifie$ in not wearin' her 5u$i ial ro%eB Explain. (0") +=. )u$'e Rosalin$ is not 5ustifie$ in not wearin' her 5u$i ial ro%es, a%sent a lear exemption 'rante$ to her %y the Supreme (ourt from man$atory omplian e with S( A$ministrati#e (ir ular (A( +o. 2! of )une D,2D>D) re:uires the wearin' of %la 3 ro%es %y 5u$'es $urin' sessions in their respe ti#e ourts. *er me$i al on$ition per se is not a $efense an$ is untena%le sin e she is not in a position nor has the authority to $isre'ar$ a lear $ire ti#e. 7 (liff an$ Ereta were law s hool sweethearts. (liff %e ame a lawyer, %ut Ereta $roppe$ out. =ne $ay, (liff as3e$ Ereta to si'n a marria'e ontra t. The followin' $ay, (liff showe$ Ereta the $o ument alrea$y si'ne$ %y an alle'e$ solemni?in' offi er an$ two witnesses. (liff then tol$ Ereta that they were alrea$y marrie$ an$ Ereta onsente$ to 'o on a honeymoon. Thereafter, the ouple oha%ite$ an$ %e'ot a hil$. Two years later, (liff left Ereta an$ marrie$ a 7ene?uelan %eauty. <n ense$, Ereta file$ a $is%arment omplaint a'ainst (liff. 8ill the ase prosperB Explain. (4")

;ES. The $is%arment ase will prosper a'ainst (liff for la 3 of ontinuin' re:uirement as a lawyer.

<n a ase analo'ous to the instant ase, a lawyer who le$ a woman into %elie#in' that they ha$ %een marrie$ i#illy was $is%arre$ %e ause the (ourt onsi$ere$ the lawyer omplaine$ of as la 3in' in inte'rity an$ 'oo$ moral hara ter for him to remain as a mem%er of the %ar. ((a%rera #s. A'ustin, 2/F ,hil. 2!F) 7I Atty. Sa%un'ero o%taine$ a notarial ommission. =ne Sun$ay, while he was at the o 3pit, a person approa he$ him with an affi$a#it that nee$e$ to %e notari?e$. Atty. Sa%un'ero imme$iately pulle$ out from his po 3et his small notarial seal, an$ notari?e$ the $o ument. 8as the affi$a#it #ali$ly notari?e$B Explain. (0") +=. The affi$a#it was not #ali$ly notari?e$ in a or$an e with the Rules on +otarial ,ra ti e. The rules pro#i$e that a notary pu%li shall not perform a notarial a t outsi$e his re'ular pla e of wor3 or %usiness. A o 3pit is learly not a notary pu%li Cs re'ular pla e of %usiness. Atty,.Sa%un'eroCs notari?ation of the affi$a#it is not #ali$. Furthermore, the fa ts in the ase at %ar is not one of the ex eptional o asions or situations where a notarial a t may %e performe$ outsi$e the notary pu%li Cs offi e an$ territorial 5uris$i tion. (Se tion 2, Rule <7 of the 2//4 Rules on +otarial ,ra ti e) 7II Atty. &anuel is ounsel for the $efen$ant in a i#il ase pen$in' %efore the RT(. After re ei#in' the plaintiff@s ,re1Trial -rief ontainin' the list of witnesses, Atty. &anuel inter#iewe$ some of the witnesses for the plaintiff without the onsent of plaintiff@s ounsel. a. .i$ Atty. &anuel #iolate any ethi al stan$ar$ for lawyersB Explain. (0") +=. Statutory law pro#i$es that a lawyer may inter#iew a prospe ti#e witness for the opposin' si$e in any i#il or riminal ase without the onsent of the opposin' ounsel or party. This is supporte$ %y (anon 0D of the (anons of ,rofessional Ethi s %. 8ill your answer %e the same if it was the plaintiff who was inter#iewe$ %y Atty. &anuel without the onsent of plaintiff@s ounselB Explain. (2") ;ES. A witness is $istin t an$ $ifferent from the a$#erse party. The rule earlier enun iate$ $oes not in lu$e permission to inter#iew the a$#erse party without the onsent of his ounsel. This is supporte$ %y (anon D of the (anons of ,rofessional Ethi s. 7III

(ourt of Appeals ((A) )usti e )uris was a$ministrati#ely har'e$ with 'ross i'noran e of the law for ha#in' issue$ an or$er Gtemporarily en5oinin'G the implementation of a writ of exe ution, an$ for ha#in' issue$ another or$er for the parties to Gmaintain the status :uoG in the same ase. -oth or$ers are o%#iously without any le'al %asis an$ #iolate (A rules. <n his $efense, )usti e )uris laims that the hallen'e$ or$ers were olle'ial a ts of the (A .i#ision to whi h he %elon'e$. Thus, he posits that the har'e shoul$ not %e file$ a'ainst him alone, %ut shoul$ in lu$e the two other (A 5usti es in the .i#ision. <s the ontention of )usti e )uris tena%leB Explain. (0") +=. The ontention of )usti e )uris is untena%le. (ase law has it that while a tions of a ase pen$in' in the (A are a tions of that ourt as a olle'ial %o$y, the 2//2 <nternal Rules of the (ourt of Appeals pro#i$es that it is the ponente who initiates the a tions on sai$ motions, papers an$ plea$in's. *en e, there an %e no a tion on a motion, paper or any other in i$ent ex ept upon prior instru tion of the ponente. *e has the primary responsi%ility of ensurin' that the pen$in' in i$ents in a ase assi'ne$ to him are properly an$ promptly a te$ on. (=ro io #. Roxas, A.&. +os. /H122!1(A1) an$ (A1/>1 4F1), 2D Au'ust 2//>) I9 Alexan$er Sison, resi$ent of 222 Li%erta$ St., Sampalo , &anila, en'a'es your ser#i es as lawyer. *e tells you that a ertain &r. )uan )amero of 222 )uan Luna St., Ton$o, &anila, owes him ,2,///,///.//I that the $e%t is lon' o#er$ueI an$ that, $espite repeate$ $eman$s, )amero has faile$ to omply with his o%li'ation. *e also shows you a promissory note, exe ute$ on )anuary 0, 2//>, wherein )amero promises to pay the amount of ,2,///,///.//, with 22" interest per annum, within one (2) year from $ate of note. Sison a'rees to pay you attorney@s fees in the amount of ,H!,///.//, an$ a fee of ,0,///.// for e#ery appearan e in ourt. As Sison@s lawyer, prepare the omplaint that you will file in ourt a'ainst )uan )amero. (2/") 9 Ei#en the same fa ts in +o. <J a%o#e, assume that summons ha$ %een ser#e$ on )amero, %ut no responsi#e plea$in' was file$ within the re'lementary perio$. ,repare a motion to $e lare )amero in $efault. (4") PART II 9I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) senten es. (!")

a. The $uty of a lawyer to his lient is more paramount than his $uty to the (ourt. %. <t is ethi al for a lawyer to a$#ise his lient to enter a plea of 'uilty in a riminal ase if the lawyer is personally on#in e$ that he annot win the ase for his lient. . There is no presumption of inno en e or impro%a%ility of wron'$oin' in an attorney@s fa#or when he $eals with his lient on urrently as lawyer an$ as %usinessman. $. The satisfa tion of a 5u$'ment $e%t $oes not, %y itself, %ar or extin'uish the attorney@s liens, ex ept when there has %een a wai#er %y the lawyer, as shown %y his on$u t or his passi#e omission. e. A ompanion or employee of the 5u$'e who li#es in the 5u$'e@s househol$ is in lu$e$ in the $efinition of the G5u$'e@s family.G 9II 8rite the omplete text of the attorney@s oath. (!") 9III Atty. *y$e, a %a helor, pra ti es law in the ,hilippines. =n lon' wee3en$s, he $ates %eautiful a tresses in *on' Kon'. Kristine, a nei'h%or in the ,hilippines, file$ with the Supreme (ourt an a$ministrati#e omplaint a'ainst the lawyer %e ause of sex #i$eos uploa$e$ throu'h the internet showin' Atty. *y$e@s sor$i$ $allian e with the a tresses in *on' Kon'. <n his answer, Atty. *y$e (2) :uestions the le'al personality an$ interest of Kristine to institute the omplaint an$ (2) insists that he is a %a helor an$ the sex #i$eos relate to his pri#ate life whi h is outsi$e pu%li s rutiny an$ ha#e nothin' to $o with his law pra ti e. Rule on the #ali$ity of Atty. *y$e@s $efenses. (!") The first $efense $oes not lie %e ause the le'al personality an$ interest of Kristine to initiate the omplaint is not material to the $is%arment ase. .is%arment pro ee$in's are sui 'eneris, an$ are not onsi$ere$ as i#il a tions. *en e, a real party1in1interest, whi h is re:uire$ in i#il a tions, is not re:uire$ in $is%arment ases. ,u%li interest is the primary o%5e ti#e of $is%arment ases an$ not merely pri#ate interest.

Atty. *y$e6s $efense that his pri#ate life has nothin' to $o with his pra ti e of law is not meritorious. The (,R spe ifi ally pro#i$es that lawyers shoul$ not en'a'e in on$u t that a$#ersely refle ts his fitness to pra ti e law, nor %eha#e in a s an$alous

manner to $is re$it the le'al profession, whether pri#ateor pu%li . Thus, there is a 'roun$ for san tions ions or e#en his $is%arment. 9I7 &arlyn, a wi$ow, en'a'e$ the ser#i es of Atty. Romanito in or$er to a#ert the fore losure of se#eral par els of lan$ mort'a'e$ %y her late hus%an$ to se#eral re$itors. Atty. Romanito a$#ise$ the wi$ow to exe ute in his fa#or $ee$s of sale o#er the properties, so that he oul$ sell them an$ 'enerate fun$s to pay her re$itors. The wi$ow a'ree$. Atty. Romanito $i$ not sell the properties, %ut pai$ the mort'a'e re$itors with his own fun$s, an$ ha$ the lan$ titles re'istere$ in his name. Atty. Romanito su ee$s in a#ertin' the fore losure. <s he a$ministrati#ely lia%leB Reasons. (0") ;ES. Atty. Romanito is a$ministrati#ely lia%le. The (,R pro#i$es that a lawyer shall 3eep the fun$s of lients separate from his own, nor shall a lawyer len$ money to a lient ex ept in the interest of 5usti e. <n this ase, Atty. Romanito pai$ the re$itors of &arlyn, there%y in$ire tly len$in' money to his lient an$ effe ti#ely mer'es the fun$s of the lient with his own, in #iolation of the (,R. Furthermore, when he appropriate$ the properties %y re'isterin' the mort'a'e$ lan$s in his name it is an a t of ta3in' a$#anta'e of his lient an$ #iolates a lawyerCs $uty of fi$elity to his lients.

97 Atty. 8ilmar represente$ -eatri? in a partition ase amon' heirs, an$ won. 8hen 8ilmar $eman$e$ payment of attorney@s fees, -eatri? refuse$ to pay. 8ilmar sue$ -eatri? for the unpai$ attorney@s fees an$ o%taine$ a fa#ora%le 5u$'ment. Thereafter, -eatri? file$ an a$ministrati#e omplaint a'ainst 8ilmar laimin' that he lie$ when he state$ in his laim for attorney@s fees that the su%5e t of the partition ase in#ol#e$ the entire estate of the $e ease$ when, in fa t, it o#ere$ only !/" thereof. 8ilmar set up the $efenses that (2) -eatri? file$ the omplaint only to $elay the exe ution of the 5u$'ment or$erin' her to pay attorney@s fees an$ (2) -eatri? en'a'e$ in forum1 shoppin'. Are the $efenses of Atty. 8ilmar tena%leB Explain. (4") ;ES. The $efenses of Atty. 8ilmar are tena%le sin e Atty. 8ilmar ha$ alrea$y o%taine$ a fa#ora%le 5u$'ment %oth $oe his lients ase as well as his $eman$ for payment of attorneyCs fees $ue him. Un$er the ir umstan es where ser#i es has alrea$y %een ren$ere$, an$ his $eman$ passe$ upon %y a ourt, the su%se:uent a$ministrati#e omplaint an %e 'leane$ as a $elayin' ta ti on the part this time of the lient.

+=. There is stri tly no forum shoppin'. Forum shoppin' is the result when there is an a$#erse opinion in one forum, an$ a party see3s a fa#ora%le $e ision (other than %y appeal or ertiorari) in another forum. *ere -eatri?, instea$ of filin' an appeal or a ertiorari in a hi'her ourt to ontest the awar$ for le'al fees, hose to file an a$ministrati#e omplaint %ase$ on the 'roun$ of $ishonesty whi h is not exa tly the i$enti al with the issue raise$ in the $eman$ for le'al fees. =therwise put, the issues pertainin' to the $eman$ for le'al fees ha#e %een ren$ere$ an$ are $ue for exe ution, The issues -eatri? is raisin', whether meritorious or otherwise, $o not in#ol#e the same auses of a tion. Rather, it pertains to an aspe t of the fa ts of the ase whi h shoul$ ha#e %een a'ree$ upon at the onset. 97I Atty. Simeon persua$e$ Arman$o, -eni'no an$ (iria o to in#est in a %usiness #enture that later went %an3rupt. Arman$o, -eni'no an$ (iria o har'e$ Atty. Simeon with estafa. Simultaneously, they file$ an a$ministrati#e omplaint a'ainst the lawyer with the Supreme (ourt. a. <f Simeon is on#i te$ of estafa, will he %e $is%arre$B Explain. (0") ;ES, if Atty. Simeon is on#i te$ of estafa, he will %e $is%arre$ %e ause estafa is a rime in#ol#in' moral turpitu$e. Un$er the law, on#i tion of a rime in#ol#in' moral turpitu$e is a 'roun$ for $is%arment. (Se tion 2H, Rule 20>) %. <f Simeon is a :uitte$ of the estafa har'e, will the $is%arment omplaint %e $ismisse$B Explain. (0") <t $epen$s, if the a :uittal is %ase$ on the 'roun$ that no rime was ommitte$, then the a$ministrati#e ase may %e $ismisse$. -ut if the a :uittal is %ase$ merely on reasona%le $ou%t, then the $is%arment ase may still ontinue. The purpose of the $is%arment ase is to $etermine whether a lawyer still $eser#es to remain a mem%er of the %ar. 97II 8hen Atty. Romual$o inter#iewe$ his lient, 7i ente, who is a use$ of mur$er, the latter onfesse$ that he 3ille$ the #i tim in ol$ %loo$. 7i ente also sai$ that when he ta3es the witness stan$, he will $eny ha#in' $one so. <s Atty. Romual$o o%li'e$, un$er his oath as lawyer, to inform the 5u$'e that LaM his lient is 'uilty an$ L%M his lient will ommit per5ury on the witness stan$B Explain. (4") a) Atty. Romual$o annot an$ is not o%li'e$ to re#eal to the 5u$'e that 7i ente is 'uilty of mur$er. Un$er the rule on pri#ile'e$ ommuni ation, a$mission of a rime alrea$y ommitte$ is $eeme$ pri#ile'e$. Attorney1(lient pri#ile'e atta hes an$ he is %oun$ un$er su h rule to 3eep se ret what his lient, 7i ente, tol$ him in onfi$en e. %) Un$er

the ir umstan es that his lient expressly tol$ him that he will ommit per5ury when he ta3es the witness stan$, su h ommuni ation is no lon'er pri#ile'e$ sin e it pertains to a rime yet to %e ommite$. 8hat Atty. Romual$o must $o first is $is oura'e his lient to ommit per5ury, sin e a lawyer must impress upon his lient to o%ey the law. <f he annot on#in e him, then the (,R $ire ts him an$ 'i#es him a 'roun$ to $is ontinue his ser#i es. (Rule 2!./H, (,R) ,ru$en e an$ pra ti e show that it may not %e in his %est interest to %e the one to re#eal to the 5u$'e that 7i ente will ommit per5ury on the witness stan$ sin e this re#elation lies outsi$e the Attorney1(lient pri#ile'e. 97III =n a Satur$ay, Atty. ,aterno file$ a petition for a writ of amparo with the (ourt of Appeals ((A). <mpelle$ %y the ur'en y for the issuan e of the writ, Atty. ,aterno persua$e$ his frien$, (A )usti e )ohnny $e la (ru?, to issue the writ of amparo an$ the noti e of hearin' without the si'nature of the two other )usti es1mem%ers of the (A $i#ision. Are Atty. ,aterno an$ )usti e $e la (ru? 'uilty of unethi al on$u tB Explain. (4") SUEEESTE. A+S8ER9 ;ES. Atty. ,aterno #iolate$ the (,R whi h pro#i$es that a lawyer shall rely on the merits of his ase an$ refrain from any impropriety whi h influen e or 'i#es the appearan e of influen in' the ourt. Atty. ,aternoCs a t of usin' his frien$ship with )usti e $ela (ru? in or$er to a :uire the writ of amparo without a hearin' is not in a or$an e with this rule. Atty. ,aterno shoul$ ha#e let the pro ess ontinue on its own without usin' onne tions or influen e. ;ES. )usti e $ela (ru? #iolate$ the +()( whi h pro#i$es that 5u$'es shall, in their personal relations with in$i#i$ual mem%ers of the le'al profession, a#oi$ situations whi h mi'ht reasona%ly 'i#e rise to the suspi ion or appearan e of fa#oritism or partiality. -y issuin' the writ of amparo alone, in #iolation of the law, he has #iolate$ this rule.