Topic Bar Question Suggested Answer Year

I. Legal Profession A lawyer advertised in the newspaper the following: The claim that he can secure annulment of 1998
“Can secure annulment of your marriage promptly. marriage promptly is false and misleading and his
Expert in legal separation cases. Consult anytime.” claim that he is an expert in legal separation is
Is the advertisement proper? (5%) self-laudatory. The advertisement constitutes
improper solicitation and violates the sanctity of
the institution of marriage which the States should
protect (Ulep v. Legal Clinic, Inc. 221 SCRA
378).

II. Requirements for Admission to Practice

- Residency
- Age
- Good Moral Character Ben filed proceedings for disbarment against his where the proceeding is to disbar is founded on 1998
lawyer, Atty. Co, following the latter’s conviction for the professional misconduct involved in the
estafa for misappropriating funds belonging to his transaction
client which culminated in his conviction, the effect of
(Ben). While the proceedings for disbarment was the pardon is only to relieve him of the penal
pending, the President granted absolute pardon in consequences of his act and does not operate as a
favour of Atty. Co, then moved for the dismissal of the bar to the disbarment proceeding, inasmuch as the
disbarment case. Should the motion be granted? (5%). criminal acts may nevertheless constitute proof
that
the attorney does not possess good moral character
(In re Lontoc, 43 Phil.293).

- Education
- Oath
- Qualification for Practice
- Prohibition for Practice

III. Duties of Lawyer

IV. Code of Professional Responsibility
Canon 1. 02 Atty. Asilo, a lawyer and a notary public, notarized a Atty. Asilo maybe held administratively liable for 1998
document already prepared by spouses Roger and violating Rule 1.02 of Code of Professional
Luisa when they approached him. It stated in the responsibility. A lawyer shall not counsel of abet
document that Roger and and Luisa formally agreed to activities aimed at defiance of the law or at
live separately from each other and either one can have lessening confidence in the legal system. An
a live-in partner with full consent of the other. What is agreement between two spouses to live separately
the liability of Atty. Asilo if any? (5%). from each other and either one could have a live-
in partner with full consent of the other, is
contrary to law and morals. The ratification by a
notary public who is a layer of such illegal or
immoral contract or document constitutes
malpractice or gross misconduct in office. He
should at least refrain from its consumption. (In re
Santiago, 70 Phil.661;
Panganiban v. Borromeo, 58 Phil. 38 Phil. 367, In
re Bucana, 72 SCra 14).

Canon 2 When Atty. Aldrin received copy of the decision of the No. “A practicing lawyer and officer of the court 1998
court of Appeals, he files a motion for reconsideration facing contempt proceedings cannot just be
using intemperate and disrespectful language with a allowed to voluntarily retire from the practice of
subtle threat that “knowingly rendering an unjust law which would negate the inherent power of the
judgement is punishable under the Revised Penal court to punish him for contempt.”
Code.”

The Court of Appeals ordered him to explain why he

should not be cited in contempt of court. Instead of
complying, he submitted to the Court of Appeals his
Petition to Retire from the practice of law which he
immediately filed with the Supreme Court after
receiving the citation for contempt. May he be allowed
 to retire from the practice of law? (5%).

- Canon 3 A lawyer advertised in the newspaper the following: No. A lawyer in making known his legal services 1998
- Canon 3.01 “Can secure annulment of your marriage promptly. should not use any false,fraudulent, misleading,
Expert in legal separation cases. Consult anytime.” deceptive, undignified or self-laudatory statements
Is the advertisement proper? (5%) regarding Professional Responsibility, In re
Tagorda, 53 Phil. 37).
- Canon 10 Judge C was appointed MTC Judge in 1993. Yes. “By his concealment of his previous 1998
Subsequently, the Judicial and Bar Council received dismissal from the public serices which the
information that previously he had been dismissed as Judicial and Bar Council would have taken into
Assistant City Prosecutor of Manila. It appeared that consideration in acting on his application for
when he applied for appointment to the Judiciary, his appointment as a judge, he (the judge) committed
answer to the question in the personal data sheet- an act of dishonesty that rendered him unfit to be
“Have you ever been retired, dismissed or forced to appointed, and to remain, in the Judiciary he has
resign from any employment?” was- “Optional under tarnished with his falsehood.”
Republic Act No. 1145.” The truth is, he was
dismissed for
gross misconduct as Assistant City prosecutor.
May he be dismissed as Judge?
- Canon 10 A mayor charged with Homicide engaged your 1) It is the duty of an attorney to divulge the 1998
services as his lawyer. Since there is only one witness communication of his client as to his announced
to the incident, the mayor disclosed to you his plan to intention to commit a crime to the proper
kill authorities to prevent the act or to protect the
the lone witness through a contrived vehicular person against whom it is threatened.
accident. 2) Public policy and the lawyer’s duty to counsel
1) What are the moral and legal obligations to the obedience to the law forbid that an attorney should
mayor, and to the assist in the commission of a crime or permit the
authorities? (3%) relation of attorney and client to conceal a wrong
2) Should the killing push through and are you certain doing. He owes it to himself and to the public to
that the mayor is one use his best efforts to restraint his client from
responsible, are you under obligation to disclose to the doing any unlawful act and if, notwithstanding his
authorities what was advice, his client proceeds to execute the illegal
confided to you? Is this not a privilege communication deed, he may disclose it or be examined as to any
 between client and communication relating thereto. There is
attorney? (2%). privileged communication only as to crimes
already committed before its communication to
the lawyer.
- Canon 11.02 For his failure to appear for trial despite notice Atty. The judge is not correct. A lawyer who fails to 1998
Umali was summarily pronounced guilty of direct appear for trials is only liable for indirect
contempt and was fined P10,000.00 by judge. contempt, which cannot be punished summarily.
Is the Judge correct? (5%). A lawyer shall punctually appear at court hearings
(People v. Torio, 118 SCRA 14; Atty. Himiniano
D. Silva v. Judge German G. Lee, 169 SCRA
512).

- Canon 18.03 Code of Professional Conduct Nene approached Atty. Nilo and asked him if it was Yes. Atty. Nilo is guilty of gross negligence in 1998
alright to buy a piece of land which Maneng was protecting the interest of his client. A lawyer shall
selling. What was shown by Maneng to Nene was an not neglect a legal matter entrusted to him and his
Original Certificate of title with many annotations and negligence in connection therewith shall render
old patches, to which Nene expressed suspicion. him liable (Rule 18.03, Code of Professional
However, Atty. Nilo, desirous of pushing through with responsibility). Worse, he was negligent because
the he placed his own interest in receiving a high
transaction because of the high notarial fee promised notarial fee over and above the interest of his
to him, told Nene that the title was alright and that the client. In the case of Nadayag v. Grageda, 237
title was alright and that she should not worry since he SCRA 202, which involves similar facts, the
is Supreme Court held that lawyer “should have
an attorney and that he knew Maneng well. He been conscientious in seeing to it that justice
notarized the Deed of Sale and Nene paid Maneng permeated every aspect of a transaction for which
P108,000.00. It turned out that Maneng had previously his services had been engaged, in conformity with
sold the same property to another person. For the the avowed duties of a worthy member of the
injustice done to Nene, may Atty. Nilo be disciplined? Bar.”
Canon 20.04 Discuss the propriety of a lawyer filing a suit against Rule 20.04 of Code of Professional Responsibility 1998
his client concerning his fees. (5%). provides that “a lawyer shall avoid controversies
with his clients concerning his compensation and
shall resort to judicial action only to prevent
 imposition, injustice of fraud.” The legal
profession is not a money-making trade but a form
of public service. Lawyers should avoid giving the
impression that they are mercenary (Perez v.
Scottish Union and National Insurance Co.,76
Phil.325). It might even turn out to be
unproductive for him for potential clients are
likely to avoid a lawyer with a reputation of suing
his clients.
Canon 22 State the rule on (a) the right of the client to dismiss (a) A client has the right to dismiss his lawyer at 1998
his lawyer and (b) the prerogative of a lawyer to any time, with or without just cause. The existence
withdraw as counsel. (5%). or non-existence of just cause. The existence or
nonexistence of just cause is material only for
determining the right of the lawyer to
compensation for the services rendered. The
client’s right to
terminate the lawyer’s services springs from the
strictly personal and highly confidential nature of
the client loses confidence in his lawyer, he has
the
right to dismiss him.

(b)On the other hand, the lawyer does not have an

unqualified right to withdraw as counsel. As an
officer of the court, he may not withdraw or to be
permitted to withdraw as counsel if such
withdrawal will work injustice to a client of
frustrate the ends of justice. A lawyer may
withdraw at any time with his client’s written
consent. Without such consent, he may withdraw
his services only for good because and upon
notice appropriate in the circumstances (Canon 22,
Code of Professional Responsibility).
 Canon 22 What is your understanding of quantum merit as Quantum merit literally means “as much as he 1998
attorney’s fee? (5%) deserves.” It is a measure for the lawyer’s fee in
the absence of a contract, or when the fees
stipulated in a contract are found unconscionable,
or when the lawyer’s services are terminated for
cause. The lawyer is entitled to receive what
merits for his services, as much as he has earned.
The factors to be taken into consideration are
enumerated in Rule 22 of the Code of Professional
Responsibility.

V. Liabilities of Lawyers

VI. Code of Judicial Conduct

- Canon 1, Rule 1.02 A judge, in order to ease his clogged docket, would The practice is legally acceptable as long as the 1998
exert efforts to compel the accused in criminal cases to judge does not pressure on the parties and takes
plead guilty to a lesser offense and advise party care that he does not appear to have prejudged the
litigants in civil cases, whose positions appear weak, to case. Where a judge has told a party that his case
accept the compromise offered by the opposing party. is weak before the latter was fully heard, such was
Is the practice legally acceptable considered ground for his disqualification
Canon 2 Judge Silva upon seeing a reckless tricycle driver We deemed it relevant to emphasize that the 1998
Canon 2.01 almost hitting a boy by the side of the road gave chase official conduct of a judge should be free from
and stopped the tricycle. Judge Silva then confiscated impropriety or any appearance thereof. His
the driver’s license and told him to get it from his personal behavior in the performance of his
office. Was the conduct of Judge official duties and in his everyday life should be
Salva proper?” (5%). beyond approach. By confiscating the driver’s
license without issuing any traffic Violation
Report (TVR) and losing the same while in his
possession, respondent Judge has acted in ), a
barangay
captain manner unbefitting his high judicial office.
VII. Grounds for Discipline
1998 BAR EXAMINATION