2017 Legal Ethics Bar Questions

I.

A.

Brando & Luzon Law Office had a retainer agreement with Gregory, a businessman with shady
connections. Gregory was recently charged in the RTC in Manila with money laundering in
relation to an illegal drugs syndicate using Cable Co., his holding company, as its money
laundering conduit. The members of the Brando & Luzon Law Office assigned to handle
Gregory's account, including yourself, were implicated in the money laundering case for their
role in the incorporation of Cable Co. and in the active management of its business affairs.

In a bid to fortify the case against Gregory and the others, the public prosecutor approaches you
(as the least guilty person who will qualify for a discharge as a state witness) and offers to make
you a state witness. Should you accept the offer? Explain your answer. (5%)

B.

Under the facts of the preceding question, assume that you had resigned from the Brando &
Luzon Law Office prior to the filing of the money laundering case against Gregory and the
others, and that you were not implicated in the case. However, you had assisted in handling the
Cobra Co. account during your time with the law firm. Cobra Co. was largely owned by Cable
Co.

The public prosecutor handling the case against Gregory and the others asks you, as a former
member of the Brando & Luzon Law Office, to help strengthen the case for the Government, and
hints that you may be implicated in the case if you do not cooperate. What is your legal and
ethical course of action? Explain your answer. (5%)

II.

A.

Pedro Tigas, a known toughie, asked Atty. Chloe to meet with him in the Jollibee Restaurant in
Harrison Plaza because he wanted to seek her legal advice on an important matter. Atty. Chloe
had once before been consulted by Pedro Tigas, who had then paid her well. When they met in
Jollibee Restaurant, he confided his planned assassination of Pepeng Taga, his rival for control of
the neighborhood in San Andres Bukid, Manila. He wanted her to represent him should he be
apprehended for the assassination. Atty. Chloe did not agree, and left the restaurant in a hurry
before Pedro Tigas could utter anything more.

A few days afterwards, Pepeng Taga was killed near his house in San Andres Bukid, Manila.
The police follow-up team arrested Pedro Tigas on the basis of testimony by at least two
residents that they had heard him saying two days before the killing that Pepeng Taga would not
live beyond 48 hours. Should Atty. Chloe reveal to the police investigator what Pedro Tigas had
stated to her at the Jollibee Restaurant without violating the confidence of the latter as a client?
Explain your answer. (4%)

B.

Assuming that the meeting between Pedro Tigas and Atty. Chloe in Jollibee Restaurant occurred
after the killing of Pepeng Taga, and in that meeting Pedro Tigas expressly admitted to Atty.
Chloe in strict confidence as his lawyer that he had shot Pepeng Taga. Is Atty. Chloe ethically
bound to reveal the admission of Pedro Tigas to the police investigator what Pedro Tigas had
stated to her at the Jollibee Restaurant? Explain your answer. (4%)

III.

A.

Alleging that Atty. Frank had seduced her when she was only 16 years old, and that she had
given birth to a baby girl as a result, Malen filed a complaint for his disbarment seven years after
the birth of the child charging that he was a grossly immoral person unworthy and unfit to
continue in the Legal Profession. In his comment, Atty. Frank argued that the complaint for
disbarment should be dismissed because of prescription.

Explain whether or not Atty. Frank's argument is justified. (4%)

B.

Beth administratively charged her former lawyer, Atty. Rawet, with gross misconduct and gross
ignorance of the law for the latter's inadequate legal representation of her in her suit against her
neighbor. Midway during the investigation, Beth decided to migrate to Australia. Learning about
her plans, Atty. Rawet approached her and pleaded for her understanding. He was able to
persuade her to execute an affidavit of desistance in respect of her administrative complaint. He
submitted the affidavit of desistance to the Supreme Court, and moved to dismiss the charge
against him.

Will the affidavit of desistance warrant the dismissal of the administrative charge? Explain your
answer. (4%)

IV.

Atty. Jessa was the counsel for Mr. Nolan, a cantankerous millionaire, in the latter's personal
case. Soon after the case was submitted for decision, Mr. Nolan withdrew the files from Atty.
Jessa and informed her that he was engaging another lawyer. On that same day, a copy of the
decision in the case was received by Atty. Jessa but she did not do anything anymore with the
decision. She did not also file a withdrawal of her appearance. Mr. Nolan's new counsel did not
file any notice of his appearance. By the time Mr. Nolan found out about the adverse decision,
his period to appeal had lapsed.
Was the service of the decision on Atty. Jessa still effective? Explain your answer. (4%)

V.

Eva consulted Atty. Doble Kara, a well-known solo practitioner, to represent her as a probable
heir to the huge estate of her late lamented grandaunt who died without issue. After Atty. Doble
Kara perused the documents relevant to the estate presented by Eva, he told Eva that he could not
be of help to her.

A few days later, Eva learned that Atty. Doble Kara had just initiated intestate proceedings
involving the same estate in the RTC, and the petitioner seeking appointment as administratrix
was Mely, Eva's hostile cousin and co-heir to the estate.

Eva moved to immediately disqualify Atty. Doble Kara from representing Mely on the ground of
conflict of interest, but Atty. Doble Kara explained to the estate court that there was no conflict
of interest because he had no lawyer-client relationship with Eva. He further indicated that Eva
had not also paid him any retainer fee.

Given his explanations to the estate court, may Atty. Doble Kara ethically represent Mely? (4%)

VI.

For services to be rendered by Atty. Hamilton as counsel for Gener in a civil case involving the
recovery of the ownership and possession of a parcel of land with an area of 5,000 square meters,
the two of them agreed on a success fee for Atty. Hamilton of ₱50,000.00 plus 500 square meters
of the land. The trial court ultimately rendered judgment in favor of Gener, and the judgment
became final and executory. After receiving ₱50,000.00, Atty. Hamilton demanded the transfer
to him of the promised 500 square meters of the land.

Instead of complying, Gener brought an administrative complaint charging Atty. Hamilton with
violation of the Code of Professional Responsibility and Art. 1491(5) of the Civil Code for
demanding the delivery of a portion of the land subject of the litigation.

Is Atty. Hamilton liable under the Code of Professional Responsibility and the Civil Code?
Explain your answer. (4%)

VII.

A.

You had just taken your oath as a new lawyer. The secretary of a big university offered to get
you as the university's notary public. She explained that the faculty and students would be sent to
you to have their documentations and affidavits notarized; and that the arrangement would be
very lucrative for you. However, the secretary wants you to share with her half of your earnings
throughout the year.
Will you agree to the arrangement proposed by the secretary of the university? Explain your
answer. (4%)

B.

The plaintiff died during the pendency of the case in the RTC. If you were the counsel of the
plaintiff, what is the last duty you need to discharge in behalf of the late client before your
professional engagement for the case may be deemed terminated? Explain briefly your answer.
(4%)

VIII.

A.

Sancho Mahilig went to the office of Atty. Charm to engage her legal representation in the
criminal case for adultery that the husband of his socialite friend had brought against him in the
City Prosecutor's Office in Manila. Atty. Charm thoroughly interviewed Sancho in her office
with only Linda, the secretary/stenographer of Atty. Charm, the only other person present. On
that occasion, Sancho candidly informed Atty. Charm about his illicit affair with the socialite
wife, and gave many details. Linda faithfully recorded the interview.

During the trial of the criminal case for adultery, the trial prosecutor requested the court to issue
a subpoena duces tecum to compel the production of the record of the interview and a subpoena
ad testificandum to compel Linda to testify on the admission of the affair by Sancho. Atty.
Charm objected to the request on the basis of lawyer-client confidentiality.

If you were the trial judge, how will you resolve the objection of Atty. Charm? Justify your
answer. (4%)

B.

Prosecutor Regan was designated to represent the State during the trial of an action to declare the
nullity of a marriage. He realized soon enough, however, that the counsels of the parties were
very competent and sincere in doing their work for their respective clients. Thus, Prosecutor
Regan, mindful of his large caseload of preliminary investigations, and believing that his
attendance at the trial was superfluous, decided not to attend the trial anymore so that he could
devote more time to the work back in his office.

Explain whether or not the decision of Prosecutor Regan to miss the trial of the action to declare
the nullity of the marriage was warranted. (4%)

IX.

Atty. Miriam rents her office space in a building owned by Winston. Eventually, Atty. Miriam
became Winston's regular legal counsel. Because of their good relationship, Atty. Miriam did not
hesitate to borrow money from Winston. Atty. Miriam issued postdated checks covering the
interest of her loans. Unfortunately, Atty. Miriam failed to pay her obligations to Winston. Her
postdated checks with Winston also bounced. Hence, he filed a criminal case for violation of the
Bouncing Checks Law against her.

In her counter-affidavit, Atty. Miriam averred that Winston was "a businessman who is engaged
in the real estate business, trading and buy and sell of deficiency taxed imported cars, shark loans
and other shady deals and has many cases pending in court."

Hurt by the allegations, Winston filed a disbarment complaint against Atty. Miriam arguing that
her allegations in the counter-affidavit constituted a breach of their confidential lawyer-client
relationship.

Discuss whether or not the disclosures in Atty. Miriam's counter-affidavit constitute a breach of
fidelity towards her client. (4%)

X.

Atty. Anna Kirmet was one of Worry Bank's valued clients. The bank gave her a credit card with
a credit limit of ₱250,000.00. Because of her extravagance, Atty. Kirmet exceeded her credit
limit and refused to pay the monthly charges as they fell due.

Hence, aside from a collection case, Worry Bank filed a disbarment case against Atty. Kirmet. In
her comment on the disbarment complaint, Atty. Kirmet insisted that she did not violate the
Code of Professional Responsibility because her obligation to the bank was personal in nature
and had no relation to her being a lawyer.

Is Atty. Kirmet correct? Explain your answer briefly. (4%)

XI.

A.

Define champerty. (3%)

B.

Atty. Andy and Atty. Valeriano were classmates in law school. As such, they developed a close
friendly relationship. They agreed that they would refer clients to each other, and whoever
referred clients would receive a commission or portion of the attorney's fees. Atty. Andy referred
a client to Atty. Valeriano, who charged the client ₱100,000.00 as initial attorney's fees.
Thereafter, Atty. Valeriano sent 15% of ₱100,000.00, or ₱15,000.00, to Atty. Andy as the latter's
referral fee.

Explain if the agreement on the referral fee is ethical. (3%)

XII.
Atty. Simplicio published the following advertisement in a local newspaper: "Annulment of
Marriage, Competent Attorney, Reasonable Fees, Call 221-2345."

A Justice of the Supreme Court saw the advertisement and thereafter called the attention of his
colleagues. The Supreme Court directed the Bar Confidant investigate the matter. When directed
to explain why no disciplinary action should be taken against him for the improper
advertisement, Atty. Simplicio contended that: (a) the advertisement was not improper because
his name was not mentioned; and (b) he could not be subjected to disciplinary action because
there was no complaint filed against him.

Rule on Atty. Simplicio's contentions. (4%)

XIII.

Herbert Madasalin, a 25-year old Bar candidate, surrendered his driver's license to the security
guard at the Arlegui Gate when he entered the Malacanang compound to pray at the National
Shrine of St. Jude Thaddeus. After praying the novena to St. Jude, Herbert went to the Arlegui
Gate to retrieve his driver's license. However, he was not able to get the license because the
security guard was then elsewhere. He returned the next day only to be told that the security
guard had misplaced the license. The security guard concerned could not anymore remember
where he had placed the license.

Herbert immediately requests your assistance in the preparation of an affidavit of loss. His
address is at 143 Zuzuaregui Street, Don Antonio Heights, Quezon City. As his friend, prepare
Herbert's affidavit of loss. (5%)

XIV.

Kyle Angelo was served with summons and a copy of the complaint of Ciara Jane for collection
of the amount of ₱1,000,000.00 as evidenced by a promissory note signed by Kyle Angelo. She
alleged that the debt was overdue; and that Kyle Angelo refused to pay despite repeated
demands.

Kyle Angelo engaged the services of Atty. Carlos Sa bit, who decided to file a motion to dismiss
on the ground of lack of cause of action and prescription. Atty. Carlos Sabit drafted the motion
and sent the draft to Kyle Angelo for his perusal. Kyle Angelo, being himself a law graduate,
quickly noticed that the draft did not contain a notice of hearing.

Draft the notice of hearing that Atty. Carlos Sabit should include in the motion to dismiss. (3%)

XV.

Believing that an onerous transfer would result in lesser taxes than a gratuitous transfer, Nenita
Villo, a widow, decided to sell her lone asset worth ₱3,000,000.00 to her daughters, Andrea,
Carina and Carissa, all of legal age, gainfully employed and still unmarried. The asset consisted
of the house and the lot registered under Transfer Certificate of Title No. 67890 of the Register
of Deeds of Paranaque City and situated at No. 3156 Bayswater Street, Metro Ville Subdivision,
Paranaque City where Nenita and her daughters presently resided.

Nenita required her daughters to make a down payment of ₱1,000,000.00, and the balance to be
paid once the title to the property was transferred to her daughters' names. All the taxes, fees, and
costs related to the sale would be for the account of Nenita, while those related to the transfer of
title would be paid by Andrea, Carina and Carissa.

Draft the contract to be executed by Nenita and her daughters in connection with the transfer of
the house and lot. Omit details other than those stated in the question. (10%)

XVI.

Determine if the following advertisements by an attorney are ethical or unethical. Explain your
answer.

(a) A calling card, 2 inches x 2 inches in size, bearing the attorney's name in bold print,
office, residence and email addresses, telephone and facsimile numbers. (2%)

(b) A business card, 3 inches x 4 inches in size, indicating the aforementioned data with
his 1 inch x 1 inch photograph. (2%)

(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 multi-million
damage suit against the company in the Supreme Court. (2%)

(d)The same press release made in a tabloid by the attorney's client. (2%)

(e) A small announcement that the attorney is giving free legal advice on November 30,
2017 published in Balita, a tabloid in Filipino. (2%)

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