2019 - LEGAL ETHICS

A.1.

Atty. A, a duly licensed notary public, has maintained several notarial registers in his separate offices
in order to cater to the needs of his clients and accommodate their growing number. Due to Atty. A's
busy schedule, Atty. A's secretary would usually perform the notarial acts on his behalf.

Sometime in April 2017, Mrs. B, an Overseas Filipino Worker staying in Singapore, sought the legal
services of Atty. A for the nullification of her marriage. Consequently, Atty. A drafted a petition with
verification which was sent from his law office in Manila to Singapore for the signature of Mrs. B, who,
after signing the same, sent it back to Atty. A. When the document arrived in Atty. A's office, his
secretary, as per usual practice, notarized the signed document upon Atty. A's instruction.

(a) Name at least two (2) violations of the Rules on Notarial Practice committed by Atty. A. (3%)

(b) May Atty. A be also held liable under the Code of Professional Responsibility for the same
infractions committed by him as a notary public? Explain. (2%)

(c) What does the phrase "competent evidence of identity" refer to under the Rules on Notarial
Practice? (3%)

A.2.

Y, who is a businessman, and Atty. X are good friends. Due to their closeness, Atty. X was able to
borrow ₱300,000.00 from Y, which amount was intended to refurbish Atty. X's law office.

Months after, Y got into a contractual dispute with Z, one of his business partners. Hence, Y sought
the legal services of Atty. X for the filing of the proper action against Z. In consideration for his legal
services, Y paid Atty. X an acceptance fee of ₱50,000.00.

Unfortunately, Atty. X and Y's relationship turned sour. Thus, all communications between them were
cut, and worse, Atty. X failed to file the required initiatory pleading against Z on the date agreed upon.
Aggrieved, Y filed an administrative complaint, seeking that Atty. X be sanctioned and that the
₱50,000.00 acceptance fee and the ₱300,000.00 personal loan be returned to him.

(a) What administrative violation/s did Atty. X commit, if any? Explain. (3%)

(b) May Y's prayer for the return of the ₱50,000.00 acceptance fee and the ₱300,000.00 personal
loan prosper? Explain. (5%)

A.3.

Pending resolution of a high-profile case against him, Justice K uttered, in a public forum hosted by a
local Integrated Bar of the Philippines chapter, his comments on the perceived bias of the court
against him, as well as on the issues raised by the complainants, his defenses, and the commentaries
published by some local newsmen in relation to the case. This is only one instance of his many
appearances in different gatherings of such nature in order to defend his public image.

(a) Did Justice K, in his capacity as a lawyer, commit any violation of the Code of Professional
Responsibility? If so, what rule did Justice K violate? Explain. (3%)
(b) Arguing that he should be treated as any other ordinary litigant in the said case, may
Justice K validly claim that his comments were made in a purely private capacity and hence,
not subject to administrative sanction? Explain. (3%)

A.4.

Mr. L sought legal advice from his lawyer, Atty. M, regarding the possibility of annulling his marriage.
In the course of their conversation, Mr. L mentioned that he would be able to immediately pay Atty.
M's legal fees because he received a huge kickback from a favored supplier in relation to his work as
member of his Municipality's Bids and Awards Committee.

(a) Is the communication made by Mr. L to Atty. M regarding the kickback he received
presumed to be confidential? Explain. (3%)

(b) What is the duty of a lawyer when, in the course of his representation, he discovered that
his client committed fraud upon a person or a tribunal? (2%)

A.5.

P was dismissed by his former employer, Company X, for allegedly misappropriating company funds
entrusted to him. P alleged that there was no proof to substantiate the same; hence, his dismissal was
invalid.

Aggrieved, P engaged the services of ABCDE Law Office to represent him in an illegal dismissal case
against Company X. Atty. A, a partner of the said law firm, was assigned to handle P's case.
Eventually, the illegal dismissal case was terminated upon settlement by all parties, and thus, P's
engagement with ABCDE Law Office ceased.

Two (2) years after, a criminal case for Qualified Theft was filed by Company X against P based on
the same events which led to his dismissal. To his surprise, P found out that Company X was being
represented by ABCDE Law Office in the criminal case. Decrying a violation of the rule on conflict of
interest, P filed an administrative complaint against Attys. A, B, C, D, and E, the partners of ABCDE
Law Office.

(a) Was the rule on conflict of interest violated in this case? Explain. (3%)

(b) Is the prior termination of P's engagement with ABCDE Law Office a valid defense to the
administrative charge against Attys. A, B, C, D, and E? Explain. (2.5%)

(c) May Attys. B, C, D, and E be held administratively liable for violating the rule on conflict of
interest despite the fact that it was only Atty. A, the handling lawyer, who had knowledge of P's
engagement as a client? Explain. (2.5%

A.6.

Atty. U was being investigated by the Integrated Bar of the Philippines regarding a complaint for
immorality filed by his wife, Y. Pending resolution of the case, complainant Y filed an affidavit of
desistance and withdrawal of the complaint on the ground that she mistakenly filed the complaint out
of jealousy.

What is the effect of Y's filing of an affidavit of desistance and the withdrawal of her complaint
in the administrative case against Atty. U? Explain. (2.5%)
 A.7.

Every new lawyer must be acquainted with the consequences of noncompliance with the essential
obligations attendant to the legal profession. Among these obligations are compliance with the
requirements on Mandatory Continuing Legal Education (MCLE), and payment of Integrated Bar of
the Philippines (IBP) dues.

(a) What are the consequences of non-compliance with the requirements on MCLE? (2.5%)

(b) What are the consequences of non-payment of IBP dues? (2.5%)

A.8.

A lawyer advertised in the newspaper the following:

"Expert in annulment of marriage. Fast and sure. Consult anytime."

Is the advertisement proper? Explain. (2.5%)

A.9.

Mr. O was disbarred from the practice of law in 2009 for gross immorality. Ten (10) years later, at age
58, he asked for judicial clemency and filed a petition for his reinstatement in the Roll of Attorneys. Mr.
O had asked forgiveness from his children and maintained a cordial relationship with his complainant
wife. He also submitted a certification from the parish priest and members of the Integrated Bar of the
Philippines chapter to which he belongs of his civic mindedness and good moral character.

Based on the guidelines for the reinstatement of a disbarred lawyer, may Mr. O be reinstated
as a member of the Bar? Explain. (2.5%)

A.10.

Atty. B is a newly admitted member of the Philippine Bar. As a means to manage his heavy case load,
Atty. B delegated the preparation and signing of all motions for extension of time to his secretary, Ms.
D. On the signature page of every motion, the following would appear:

"Ms. D for B Law Office"

X, one of Atty. B's clients, expressed concern over such practice. Atty. B reassured him that the same
is completely permissible as lawyers are allowed to devise means to efficiently manage their
workload. Besides, Ms. D is acting under his full knowledge and authority.

Does the practice of Atty. B of having his motions for extension of time signed by Ms. D
constitute any violation of the Code of Professional Responsibility? Explain. (2.5%)

- END OF PART I -

Note: This marks the end of Part I. The forthcoming problem sets will fall under Part II and the
answers therefor should be written in Booklet II.
 PART II

Note: As stated in the Instructions, ​Part II covers problem sets labelled ​B.11. to B.17. All answers to
these questions should be written in ​Booklet II​.

B.11.

The Cultural Heritage Association of Manila filed an injunction case to stop the construction of a
40-storey condominium building owned by XYZ Corp., a well-known real estate developer. Eventually,
the injunction case was dismissed with finality by Judge T, and an entry of judgment was issued. Two
(2) years later, Judge T bought condominium units in the same 40-storey building owned by XYZ
Corp.

Did Judge T commit an act of impropriety? Explain. (3%)

B.12.

Judge B and his family went on vacation in an island resort in Coron, Palawan. One night, he was
photographed by a local boatman who witnessed him appearing very drunk and in the act of dancing
naked by the seashore. The photos were uploaded to a social media site and became viral.

May Judge B be subjected to any disciplinary sanctions? Explain. (3%)

B.13.

(a) Distinguish compulsory from voluntary inhibition of judges. (3%)

(b) State at least two (2) instances when a judge must compulsorily inhibit from a case. (3%)

B.14.

While driving on his way to court, Judge D personally witnessed a vehicular accident between a
motorcycle and a car. Subsequently, a criminal case arising from said accident was raffled to his
court.

Should Judge D inhibit from this case? Explain. (3%)

Practical Exercises Note: The final three (3) problems labelled ​B.15. to ​B.17. all pertain to the same
set of parties and facts.

Mr. B, a resident of Quezon City, engaged you as counsel to assist him in acquiring the house and lot
being sold by Ms. S, also a resident of Quezon City, which lot is covered by Transfer Certificate of
Title No. 54321, with an area of 500 square meters, located at Barangay 123, Quezon City,
Philippines (subject property). At the meeting where Mr. B, Ms. S, and you were present, the following
terms and conditions were agreed upon:

1. the purchase price for the subject property is ₱50,000,000.00;

2. Ms. S will pay the capital gains tax and documentary stamp tax arising from the sale, as well as the
real estate taxes up to the date of the sale, within thirty (30) days from execution of the deed of sale,
while the rest of the expenses to effect the transfer of title will be shouldered by Mr. B; and
3. Ms. S gave the assurance that the subject property would be free from any occupant/s within the
same thirty-(30) day period.

The Deed of Absolute Sale was scheduled to be signed by the parties on November 24, 2018 in
Quezon City.

B.15.

Draft a Deed of Absolute Sale including the required notarial certificate reflecting the
foregoing. (15%)

[​continuation​] On December 27, 2018, Mr. B visited the subject property and found out that Ms. S's
brother, Mr. C, was still occupying the same. Furthermore, on the same day, Mr. B checked with the
Bureau of Internal Revenue and discovered that the capital gains tax and the documentary stamp tax
remained unpaid. Disappointed with the failure of Ms. S to duly fulfill her obligations based on their
contract, Mr. B asked for your assistance regarding this matter.

B.16.

Draft a Demand Letter seeking fulfillment of Ms. S's obligations under the Deed of Absolute
Sale within fifteen (15) days from receipt. (5%)

[​continuation​] Unfortunately, Ms. S did not heed the demand letter, constraining you, on behalf of Mr.
B, to file the necessary complaint before the Regional Trial Court of Quezon City. The complaint was
filed on February 15, 2019, docketed as Civil Case No. 654321 and was raffled to Branch 77.
Eventually, Ms. S was duly served with summons on March 15, 2019. However, she failed to file an
answer or any motion requesting for an extension to file the same.

B.17.

Draft a Motion to Declare Ms. S in Default including the required Notice of Hearing. (15%)