GUSI MOCK BAR EXAMINATION 2019

LEGAL AND JUDICIAL ETHICS

INSTRUCTIONS

This questionnaire consists of TWO (2) parts with ten (10) numbers each contained in
seven (7) pages. Read each question very carefully. Answer legibly, clearly, and
concisely. Start each number on a separate page; an answer to a sub-question under
the same number may be written continuously on the same page and immediately
succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No"
answer without any corresponding discussion will not be given any credit.

PART 1

I.

Christine was appointed counsel de oficio for Zuma, who was accused of raping his own
daughter. Zuma pleaded not guilty but thereafter privately admitted to Christine that he
did commit the crime charged.

a. In light of Zuma’s admission, what should Christine do? Explain. (1.5%)

b. Can Christine disclose the admission of Zuma to the court? Why or why not?
(1%)

c. Can Christine withdraw as counsel of Zuma should he insist in going to trial?

Explain. (1.5%)

II

In 1998, Acaramba, a telecommunications company, signed a retainer agreement with

Bianca & Sophia Law Office (B & S) for the latter’s legal services for a fee of P2,000 a
month. From 1998 to 2001, the only service actually performed by B & S for Acaramba
was the review of a lease agreement and representation of Acaramba as a complainant
in a bouncing checks case. Acaramba stopped paying retainer fees in 2002 and
terminated its retainer agreement with B & S in 2005. In 2007, Temavous, another
telecommunications company, requested B & S to act as its counsel in the following
transactions: (a) the acquisition of Acaramba; and (b) the acquisition of Super-6, a
company engaged in the power business.

In which transactions, if any, can Bianca & Sophia Law Office represent Temavous?
Explain fully. (3.5%)

III

Dumbledore, a noted professor of commercial law, wrote an article on the subject of

letters of credit which was published in the IBP Journal.

a. Assume he devoted a significant portion of the article to a commentary on

how the Supreme Court should decide a pending case involving the
application of the law on letters of credit. May he be sanctioned by the
Supreme Court? Explain. (2%)

b. Assume Dumbledore did not include any commentary on the case. Assume
further after the Supreme Court decision on the case had attained finality, he
 wrote another IBP Journal article, dissecting the decision and explaining why
the Supreme Court erred in all its conclusions. May he be sanctioned by the
Supreme Court? Explain. (1.5%)

IV

Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City
against a well-known property developer on a contingent fee basis. Laarni asked for
15% of the land that may be recovered or 15% of whatever monetary settlement that
may be received from the property developer as her only fee contingent upon securing
a favorable final judgment or compromise settlement. Chester signed the contingent fee
agreement.

a. Assume the property developer settled the case after the case was decided by
the Regional Trial Court in favor of Chester for P1 Billion. Chester refused to pay
Laarni P150 Million on the ground that it is excessive. Is the refusal justified?
Explain. (2%)

b. Assume there was no settlement and the case eventually reached the Supreme
Court which promulgated a decision in favor of Chester. This time Chester
refused to convey to Laarni 15% of the litigated land as stipulated on the ground
that the agreement violates Article 1491 of the Civil Code which prohibits lawyers
from acquiring by purchase properties and rights which are the object of litigation
in which they take part by reason of their profession. Is the refusal justified?
Explain. (2%)

The vendor filed a case against the vendee for the annulment of the sale of a piece of
land.

a. Assume the vendee obtained a summary judgment against the vendor. Would
the counsel for the defendant vendee be entitled to enforce a charging lien?
Explain. (2%)

b. Assume, through the excellent work of the vendee’s counsel at the pre-trial
conference and his wise use of modes of discovery, the vendor was compelled to
move for the dismissal of the complaint. In its order the court simply granted the
motion. Would your answer be the same as in question (a)? Explain. (1.5%)

VI

Atty. Abigail filed administrative cases before the Supreme Court against Judge Luis.
Thereafter, Atty. Abigail filed a Motion for Inhibition praying that Judge Luis inhibit
himself from trying, hearing or in any manner acting on all cases, civil and criminal, in
which Atty. Abigail is involved and handling.

Should Judge Luis inhibit himself as prayed for by Atty. Abigail? Explain fully. (3%)

VII

In need of legal services, Niko secured an appointment to meet with Atty. Henry of
Henry & Meyer Law Offices. During the meeting, Niko divulged highly private
information to Atty. Henry, believing that the lawyer would keep the confidentiality of the
information. Subsequently, Niko was shocked when he learned that Atty. Henry had
shared the confidential information with his law partner, Atty. Meyer, and their common
friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that
Niko never signed any confidentiality agreement, and that he shared the information
with the two lawyers to secure affirmance of his legal opinion on Niko’s problem. Did
Atty. Henry violate any rule of ethics? Explain fully. (3.5%)

VIII

State, with a brief explanation, whether the lawyer concerned may be sanctioned for the
conduct stated below.

a. Filing a complaint that fails to state a cause of action, thereby resulting in the
defendant succeeding in his motion to dismiss. (1.5%)

b. A suspended lawyer working as an independent legal assistant to gather

information and secure documents for other lawyers during the period of his
suspension. (1.5%)

c. A suspended lawyer allowing his non-lawyer staff to actively operate his law
office and conduct business on behalf of clients during the period of
suspension. (1.5%)

d. Keeping money he collected as rental from his client’s tenant and remitting it
to the client when asked to do so. (1.5%)

e. Refusing to return certain documents to the client pending payment of his

attorney’s fees. (1.5%)

f. An unwed female lawyer carrying on a clandestine affair with her unwed male
hairdresser. (1.5%)

g. Not paying the annual IBP dues. (1.5%)

IX

State, with a brief explanation, whether the judge concerned may be sanctioned for the
conduct stated below.

a. Refusing to inhibit himself although one of the lawyers in the case is his
second cousin. (1.5%)

b. Deciding a case in accordance with a Supreme Court ruling but adding that
he does not agree with the ruling. (1.5%)

c. Dictating his decision in open court immediately after trial. (1.5%)

Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision, Quezon
City, which he leased to Jun Miranda for a term of two years starting May 1, 2006, at a
monthly rental of P50,000. Jun defaulted in the payments of his rentals for six (6)
months, from January 1, 2007 to June 30, 2007.
 a. Prepare a demand letter as lawyer of Ian Alba addressed to Jun Miranda
preparatory to filing an ejectment case. (1.5%)

b. Assume Jun Miranda did not heed your demand letter. Draft a complaint for
ejectment. (9%)

c. Draft the necessary Verification and Certificate of Non-Forum Shopping. (4%)

PART 2

-I-
(5%)

What are the duties of an attorney?

- II -
(5%)

C engages the services of attorney D concerning various mortgage contracts entered

into by her husband from whom she is separated, fearful that her real estate properties
will be foreclosed and of impending suits for sums of money against her. Attorney D
advised C to give him her land titles covering her lots so he could sell them to enable
her to pay her creditors. He then persuaded her execute deeds of sale in his favor
without any monetary or valuable consideration, to which C agreed on condition that he
would sell the lots and from the proceeds pay her creditors. Later on, C came to know
that attorney D did not sell her lots but instead paid her creditors with his own funds and
had her land titltes registered in his name.

Did attorney D violate the Code of Professional Responsibility? Explain.

- III -
(5%)

Attorney M. accepted a civil case for the recovery of title and possession of land in
behalf of N. Subsequently, after the Regional Trial Court had issued a decision adverse
to N, the latter filed an administrative case against attorney M for disbarment. He
alleged that attorney M caused the advese ruling against him; that attorney M did not
file an opposition to the Demurrer to Evidence filed in the case, neither did he appear at
the formal hearing on the demurrer, leading the trial court to assume that plaintiff's
counsel (attorney M) appeared convinced of the validity of the demurer filed; that
attorney M did not even file a motion for reconsideration , causing the order to become
final and executory; and that even prior to the above events and in view of attorney M's
apparent loss of interest in the case, he verbally requested attorney M to withdraw, but
attorney M refused. Complainant N further alleged that attorney M abused his client's
trust and confidence and violated his oath of office in failing to defend his client's cause
to the very end.

Attorney M replied that N did not give him his full cooperation; that the voluminous
records turned over to him were in disarray, and that appeared for N, he had only half of
the information and background of the case; that he was assured by N's friends that
they had approach the judge; that they requested him (M) to prepare a motion for
reconsideration which he did and gave to them; however these friends did not return the
copy of the motion.
Will the administrative case proper? Give reasons for your answer.

- IV -
(5%)

When is recovery of attorney's fees based on quantum meruit allowed?

-V-
(5%)

During the hearing of an election protest filed by his brother, Judge E sat in the area
reserved for the public, not beside his brother's lawyer. Judge E's brother won the
election protest. Y, the defeated candidate for mayor, filed an administrative case
against Judge E for employing influence and pressure on the judge who heard and
decided the election protest.

Judge E explained that the main reasons why he was there in the courtroom were
because he wanted to observe how election protest are conducted as he has never
conducted one and because he wanted to give moral support to his brother.

Did Judge E commit an act of impropriety as a member of the judiciary? Explain?

- VI -
(Total 5%)

a. A and B are accused of Estafa by C, the wife of Regional Trial Court Judge D.
Judge D testified as a witness for the prosecution in the Estafa case. Did
Judge D commit an act of impropriety? Give reasons for your answer. (2.5%)

b. What qualities should an ideal judge possess under the New Code of Judicial
Conduct for the Philippine Judiciary? (2.5%)

- VII -
(Total 5%)

a. What evidence of identity does the 2004 Rules on Notarial Practice require
before a notary public can officially affix his notarial seal on and sign a
document presented by an individual whom the notary public does not
personally know? (2.5%)

b. When can Judges of the Municipal Trial Courts (MTC) and Municipal Circuit
Trial Courts (MCTC) perform the function of notaries public ex officio, even if
the notarization of the documents are not in connection with the exercise of
their official function and duties? (2.5%)

- VIII -
(15%)

a. Write a sample Jurat.

b. Write a sample Acknowledgment.
c. Lawyer’s oath. For the sake of mastery, write it while singing twinkle twinkle star
while your eyes twinkle and your right hand raised.