PALE BarQ&A Francisco
PALE BarQ&A Francisco
PALE BarQ&A Francisco
LEGAL ETHICS
A. PRACTICE OF LAW
1. CONCEPT
a.) Privilege
b.) Profession, not business
2. QUALIFICATIONS
3. CONTINUING REQUIREMENTS FOR MEMBERSHIP IN THE BAR
a.) Good Moral Character
Question 10:
Atty. N had an extramarital affair with O, a married woman as a result which begot a child, P. Atty.
N admitted paternity of the child P and undertook support him. On the basis of this admission, Is
Atty. N subjected to the disciplinary action of the Supreme Court. Why?
Answer:
Yes, In the case of (Tucay vs Tucay 318 SCRA 229). The Supreme Court held that the finding
that a lawyer had been carrying on an illicit affair with a married woman is grossly immoral
conduct and only indicative of an extremely low regard for the fundamental ethics of the
profession.
Question 11:
Atty. LA is a member of the Philippine Bar and the California Bar in the
United States. For willful disobedience of a lawful order of a Superior Court
in Los Angeles, Atty. LA was suspended from the practice of law in
California for one (1) year.
Answer:
The suspension of Atty. LA from the practice of law abroad maybe
considered as a ground for disciplinary action here if such suspension was
based on one of the grounds for disbarment in the Philippines or shows a
loss of his good moral character, a qualification he has to maintain in order
to remain a member of the Philippine Bar.
1. Lee became a lawyer in 1988 under a claim that he is a Filipino like his
parents. Efren sought Lee’s disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an Albay regional trial
court’s final judgment in an action to recover real property which
mentioned his citizenship as Filipino. This final judgment resulted in the
correction of his birth records in a separate special proceeding to show he
is a Filipino, not Chinese as there stated. Is Lee’s claim to Filipino
citizenship valid?
(a) No, since the mention of his citizenship in the land case was
just incidental.
(b) No, since those rulings were not appealed to the Supreme Court.
(c) Yes, because the rulings in his favor have become final and executory.
(d) Yes, since his parents are Filipinos based on what he said in his
bar exam petition.
4. APPEARANCE OF NON-LAWYERS
a.) Law Student practice
b.) Non- Lawyers in courts
c.) Non-lawyers in administrative tribunals and labor tribunals
Question 2:
Answer:
I will deny the motion to disqualify Raul Article. 222 of the Labor Code
authorizes non-lawyers to appear before the National Labor Relations
Commission or any Labor Arbiter in representation of their organization or
members thereof.
Answer:
The judge may grant the motion. Unauthorized appearance is a ground for suspension or
disbarment (Sec. 27, Rule 138, Rules of Court).
(1) On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private
counsel for a year with the consent of the Office of the Government Corporate Counsel
(OGCC). Shortly after, a leadership struggle erupted in NWD between faction A and
faction B. Siding with the first, Atty. Chito filed several actions against the members of
faction B. Eventually, the court upheld Faction B which thus revoked Atty. Chito’s
retainer on 14 January 2007. With OGCC’s approval, NWD hired Atty. Arthur in his
place. When Atty. Arthur sought the dismissal of the actions that Atty. Chito had
instituted, the latter objected on the ground that his term had not yet expired and Atty.
Arthur had no vacancy to fill up. Is Atty. Chito right?
(A) No, because Atty. Chito’s continued appearances in the cases was without
authority since 14 January 2007.
(B) No, because Atty. Arthur would have violated the rule on forum shopping.
(C) Yes, because Atty. Chito’s retainer and authority remained valid until 17
April 2006.
(D) No, because Atty. Chito has the duty to expose the irregularities committed
by the members of Faction B.
Answer:
Yes. The Code of Professional Responsibility applies to lawyers who are in the government
service. As a general rule, a lawyer who holds a government office may not be disciplined as a
member of the bar for misconduct in the discharge of his office as a government official. However,
if that misconduct as a government official is of such character as to affect his qualification as a
lawyer or to show moral delinquency, then he may be disciplined as a member of the bar on such
ground (Dinsay v. Cioco, 264 SCRA 703 (1996). In the case of Penticostes v. Ibanez, SCRA 281
(1999), a barangay captain who failed to remit for several
8. Lawyer's oath
33. Victor has been legally separated from his wife, Belen for fifteen (15)
years. He has found true love and happiness with Amor and they lived
together as husband and wife. Amor convinced Victor to study law and
gave him financial support. Recently, Victor passed the 2011 Bar
Examinations. Upon knowing this, Belen filed a complaint against Victor
for immorality. Should Victor be allowed to take oath as an attorney?
A. Yes, his relationship with Amor is imbued with genuine love and
cannot be considered immoral and indecent.
B. Yes, legal separation does not allow the spouses to remarry.
C. No, because legal separation does not dissolve the marriage and,
therefore, Victor's relationship with Amor is still considered illicit.
D. Yes, it is totally unfair for Belen to complain since they have
lived separate lives.
Question 12:
Answer:
X was indicated for murder. As he had no counsel on arraignment, the trial court appointed Atty.
A. His counsel de officio. When Atty. A asked X what was his stand, X said he was guilty. X
thereupon pleaded guilty. X thereupon pleaded guilty. Trial was thereafter conducted. When the
turn of the defense to present evidence came, Atty. A manifested that he was not presenting and
that he was submitting the case for decision, praying that X’s plea be considered mitigating. Did
Atty. A’s assistance or conduct approximate the competence and diligence which the Code of
Professional Responsibility expected of him? Explain. (5%).
Answer:
No. It is the duty of defense counsel when his client desires to enter a plea of guilty to fully
acquaint himself with the facts and surrounding circumstances of the case, advise his client of his
constitutional rights and the full import of a plea guilty, see to it that the precise degree of his
client’s culpability is established and the appropriate penalty is imposed, and thus leave no room
for doubt that there was a mistake or misunderstanding as to the nature of the charges to which
his client had pleaded guilty. Atty. A has fallen short of his required conduct
c.) True, honest, fair, dignified, and objective information on legal services
Question No. 9
Atty. Asilo, a lawyer and a notary public, notarized a document already prepared by spouses
Roger and Luisa when they approached him. It stated in the document that Roger and and Luisa
formally agreed to live separately from each other and either one can have a live-in partner with
full consent of the other.
What is the liability of Atty. Asilo if any? (5%)
Answer:
Atty. Asilo maybe held administratively liable for violating Rule 1.02 of Code of Professional
responsibility. A lawyer shall not counsel of abet activities aimed at defiance of the law or at
lessening confidence in the legal system. An agreement between two spouses to live separately
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).
Answer:
Yes. His father-in-law may represent him in court. Under the Sanggunian may engage in the
practice of law, except in the following: (1) they shall not appear as counsel before any court in
any civil case where in a local government unit or any office, agency or instrumentality of the
government is the adverse party; (2) they shall not appear as counsel in any criminal case where
in an officer or employee of the national or local government is accused of an offense committed
in relation to his office; (3) they shall not collect any fee for their appearance in administrative
proceedings including the local government unit of which he is an official; and (4) they shall not
use property and personnel of the government except when the Sanggunian member concerned
is defending the interest of the government. In this case, the town mayor was indicated for
homicide through reckless imprudence, an offense that is not related to his office.
b. Administrative cases against erring Justice of the Court of Appeals and Sandigan
bayan,judges lawyers in the government are not automatically treated in a disbarment case.
c.The IBP Board of governors may motu proprio or upon referral by the Supreme Court or by a
Chapter Board of Officers, or at the instance of any person, initiate and prosecute against erring
lawyers including those in government service.
d. filing of an administrative case against the judge is not a ground for disqualification or
inhibition..
3. On which of the following the lawyer is proscribed from testifying as a witness in a case he
is handling for a client.
a. On the mailing of documents
b.On authentication or custody of any instrument. c.On the theory of the case
d. On substantial matters in cases where his testimony is essential to the ends of justice
1. Atty. Gelly passed the Bar 1n 1975. After taking his oath, he did not enlist
in any IBP chapter because he went to the USA to pursue a Master's
Degree. Eventually, he passed the state bar and specialized in
lmmigration law. In 2005. he returned to the Philippines and was but the
IBP is charging him from 1975 up to the present and threatening him with
expulsion if he does not comply. Is the IBP correct?
Answer:
No. A lawyer in making known his legal services should not use any false, fraudulent, misleading,
deceptive, undignified or self-laudatory statements regarding Professional Responsibility, In re
Tagorda, 53 Phil. 37). The claim that he can secure annulment of marriage promptly is false and
misleading and his claim that he is an expert in legal separation is 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).
Question 3:
A. A calling card 2x2 in size, bearing his name in bold print, office,
residence and email addresses, telephone and facsimile
numbers?
B. A business card 3x4 in size, indicating the aforementioned data
with his photo 1x1 in size.
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 multimillion damage suit against the
company in the Supreme Court.
D. The same press release made by his client in a tabloid.
E. A small announcement in BALITA, a tabloid in Filipino, that the
attorney is giving free legal advice for September 2002.
Answer:
A. Ethical- a lawyer in making his legal services, shall use only true,
honest, fair, dignified and objective information or statement of
facts. (Canon 3 Code of Professional Responsibility).
B. Unethical- the size of the card and the inclusion of the lawyer’s
photo in it smacks of commercialism.
C. Unethical- a lawyer should not resort to indirect advertising such as
procuring his photograph to be published in a newspaper in
connection with a case he is handling. He should not pay or give
something of value to representatives of the mass media in
anticipation of, or return for publicity to attract legal business (Rule
3.04 Code of Professional Responsibility).
D. Ethical- The lawyer can no longer be held responsible for the
action of his client. However, it would be unethical if he knew that
his client’s intention to publish it and not to stop it.
E. Unethical- the announcement in a newspaper that he will give
free legal advise to the indigent, is a form of self-praise (In Re
Tagorda).
(a) People are quite dependent on lawyers for their skills in getting
them out of trouble with the law.
(b) Its members strive to maintain honesty even in their private dealings.
(c) Its members earn by charging specified emoluments or fees.
(d) The profession is anchored on a fiduciary relation with the client.
(a) No, because she has to represent her sister who was a minor.
(b) No, because the Court can always dismiss the case without
prejudice to a genuine conciliation.
(c) Yes, because what Sarah did was deceitful and amounts to fraud.
(d) Yes, because as a lawyer, she is absolutely forbidden to appear in
barangay conciliations.
3. The courts
a.) Candor, fairness and good faith towards the courts
Question No. 3 (2000 BAR QUESTION)
When Atty. Aldrin received copy of the decision of the court of Appeals, he files a motion for
reconsideration using intemperate and disrespectful language with a subtle threat that “knowingly
rendering an unjust judgement is punishable under the Revised Penal 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%).
Answer:
No. “A practicing lawyer and officer of the court facing contempt proceedings cannot just be
allowed to voluntarily retire from the practice of law which would negate the inherent power of the
court to punish him for contempt.” (Montecillo v. Gica, 60SCRA 234).
Answer:
Yes, his actions violate the Code of Responsibility. Canon 13 of the said Code provides that
lawyer shall relay upon the merits of his cause and refrain from any impropriety which tend t
influence, or gives the appearance of influencing the court. Rule 13.03 of the same Code provides
that a lawyer shall not extend extra ordinary attention or hospitality to, nor seek opportunity for,
cultivating familiarity with judges, Atty. J obviously sought opportunity for cultivating familiarity with
Judge K by being at the coffee shop where the latter takes his breakfast, and is extending
extraordinary attention to the judge by inviting him to be a principal sponsor at the wedding of his
son.
4. The clients
a.) Availability of service without discrimination
1.) Services regardless of person's status
Question 7:
Answer:
Answer:
A. No, Atty. DD’s motion is not legally tenable. He has no valid cause
to terminate his services. His client, Mr. BB, being an agnostic and
homosexual, should not be deprived of his counsel’s representation
solely for that reason. A lawyer shall not decline to represent a
person solely on account of the latter’s race, sex, creed or status of
life or because of his own opinion regarding the guilt of the
person(Canon 14 Rule 14.01 Code of Professional Responsibility).
B. I will advise him against it. Rule 5.07 of the Code of Judicial
Conduct expressly and absolutely prohibits judges from engaging in
the private practice of law, because of the incompatible nature
between duties of a lawyer and a judge. Moreover as a Judge he
can influence to a certain extent the outcome of the case even if it is
with another court. A judge shall refrain from influencing in any
manner the outcome of litigation or dispute pending before another
court or administrative agency(Rule 2.04 Code of Judicial Conduct).
2.) Services as counsel de oficio
Question 5:
Primo, Segundo and Tercero are co-accused in the information charging them with the crime of
homicide. They are respectively represented by Atty. Juan Uno, Jose Dos and Pablo Tres. During
the pre-trial conference, Attys. Uno and Dos manifested to the court that their clients’ are invoking
an alibi as their defense.
Atty. Tres made it known that Primo and Segundo actually perpetrated the commission of the
offense charged in the information.
In one hearing during the presentation of the prosecution’s evidence in chief, Atty. Uno failed to
appear in court. When queried by the Judge if accused Primo is willing to proceed with the
hearing despite his counsel’s absent, Primo give his consent provided that Atty. Dos and Tres
would be designated as his joint counsel de officio for that particular act as counsel de officio of
accused Primo only for purposes of the scheduled hearing.
Atty. Dos accepted the designation but Atty. Tres Refused.
A. Is there any impediment to Atty. Dos acting as counsel de officio for accused Primo?
B. May Atty. Tres legally refuse his designation as counsel de officio
Answer:
A. There is no impediment to Atty. Dos acting as counsel de officio for accused Primo. There
is no conflict of interest involved between Primo and his client Segundo; considering that both are
invoking an alibi as a defense.
B. Atty. Tres may legally refuse his designation as counsel de officio for accused primo.
Since the defense of his client Tercero is that of Primo and Segundo actually perpetrated the
offense which they are all charged, there is a conflict of interest if there is consistency in the
interests of two or more opposing parties. The test is whether or not in behalf of one client it is the
duty to oppose it for other client (Canon 6 Code of Professional Responsibility).
Question No. 6
State the rule on (a) the right of the client to dismiss his lawyer and (b) the prerogative of a lawyer
to withdraw as counsel. (5%).
Answer:
(a) A client has the right to dismiss his lawyer at any time, with or without just cause. The
existence or non-existence of just cause. The existence or non- existence 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
anytime 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).
3.) Valid grounds for refusal
Question No. 12
M was criminally charged with violation of a special law. He tried to engage the services of Atty. N.
Atty. N believed, however that M is guilty on account of which he declined. Would it be ethical for
Atty. N to decline? Explain. (5%).
Answer:
It would not be ethical for Atty. N to decline. Rule 14.01 of the Code of Professional Responsibility
provides that a lawyer shall not decline to represent a person solely on account of the latter’s
race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.
It is for the judge, not the lawyer, to decide the guilt of the accused, who is presumed to be
innocent until his guilt is prove beyond reasonable doubt by procedure recognize by law.
Answer:
Question 8:
Answer:
A. Atty. Z should not accept the case. When A consulted him about
his complaint against B and C, a lawyer and client relationship was
established between A and Atty. Z. He cannot subsequently represent
B against A in a
Atty. Japzon, a former partner of XXX law firm, is representing Kapuso Corporation
in a civil case against Kapamilya Corporation whose legal counsel is XXX law firm.
Atty. Japzon claims that she never handled the case of Kapamilya Corporation
when she was still with XXX law firm. Is there a conflict of interest?
Answer:
Answer:
a) It is well-settled that the negligence of counsel binds the client. The exception is where the
reckless or gross negligence of counsel deprives the client of due process of law or where its
application results in the outright deprivation of one’s property through a technicality (Salonga v.
Court of Appeals, 269 SCRA 534 (1997), or when the application of the general rule will result in
serious injustice (San Miguel Corporation v. Laguesma, 236 SCRA 595 (1994).
6. To abstain from all offensive personality, and to advance no fact prejudicial to the honor or
reputation of party or witness, unless required by the justice of the cause with which he is
charged;
7. Not to encourage either the commencement or the continuance of an action or proceeding
or delay any man’s cause, from any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself, the cause of the defenceless or
oppressed;
9. In the defence of a person accused of crime, by all fair and honourable means, regardless
of his personal opinion as to the guilt of the accused, to present every defence that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law.
Question 1:
A. After reading the decision against his client Jose Kapuspalad, Atty. Calmante was
convinced that it had a reasonable basis and that he would have difficulty obtaining a reversal. For
this reason. Atty. Calmante did not appeal. When Jose learned about the judgment against him,
he blamed Atty. Calmante for not taking a timely appeal and filed an administrative complaint for
negligence against the latter. Decide the case.
B. What is a lawyer’s duty if he finds that he cannot honestly put up a valid or meritorious
defense but his client insist that he litigate? Explain?
Answer:
A. I would rule in favor of Jose Kapuspalad. (In Reontoy v. Ibadit 285 SCRA 88 1988). The
Supreme Court found a lawyer to negligent for falling, first of all, to notify his client about the
adverse decision and secondly for failing to file an appeal in belief that such appeal would be
useless. He thus deprived his client of his right to appeal. If a lawyer cannot contact his client at
once after receiving the adverse decision, the prudent step for him to take is to file a notice of
appeal, and withdraw it afterwards if his client should decide against the appeal. It is the client’s
decision whether or not to appeal.
B. It depends. If it is a criminal case, he may not decline to represent the accused solely on
his opinion regarding the guilt of the person ( Rule 14.01 Code of Professional Responsibility).The
Supreme Court has held that a counsel de officio has the duty to defend his client no matter how
guilty he perceives him tobe(People
v. Nadera Jr. 324 SCRA 490). But if the case is a civil case, he should decline to accept the
same. In a civil action, the rules and ethics of profession enjoin a lawyer
from taking a bad case. The attorney’s signature in every pleading constitutes a certification that
there is a good cause to support it and that it is not imposed to delay. It is the attorney’s duty to
counsel or maintain such actions or proceedings only as appear to him to be just and such
defenses only as he believes to be honestly debatable under the law.
Question 4:
Answer:
A. A client is bound by the mistakes of his lawyer( Cabales vs Nery 94 SCRA 374 San
Miguel Corporation vs Ledesma 236 SCRA 596)
B. A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection
therewith shall make him liable ( Rule 18.03 Code of Professional Responsibility). A client who
suffers prejudice by reason of his counsel’s inexcusable negligence in the discharge of his duty
may file an action for damages against him. However, there must be a showing that had the
lawyer exercised due diligence, the client under the facts and the law would have succeeded in
recovering from the adverse party or in resisting the claim of latter.
3.) Collaborating counsel
4.) Duty to apprise client
f. Representation with zeal within legal bounds
g. Attorney's fees
Question No. 10
What is your understanding of quantum merit as attorney’s fee? (5%)
Answer:
Quantum merit literally means “as much as he 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.
1.) Acceptance fees
2.) Contingency fee arrangements
Question 6:
Answer:
A. A contract for contingent fee is a contract wherein the attorney’s fee,
usually a percentage of what may be recovered in the action, is
made to depend upon the success of the lawyer in enforcing or
defending his clients right it is a valid contract, unlike a champertous
contract which is invalid because the lawyer undertakes to shoulder
the expenses of the litigation. However the amount of the fee agreed
upon maybe reduced by the courts should it be unconscionable or if
necessary. 50% of what the client may recover may or may not be
unconscionable depending on the factors to be considered in
determining the reasonableness of an attorney’s fee.
B. In the case of Daroy vs Abecia 298 SCRA 239 the Supreme Court
ruled that the assignment to a lawyer of a portion of the property
levied on by the sheriff for the satisfaction of a judgment in favor of
his client does not violate Article 1491 of the New Civil Code, If the
property was not involved in litigation handled by the lawyer. In this
case, since the action held by Atty.CJ was for damages, the
property was not apparently involved in the litigation. Hence, his
acquisition of the 50% of the same is ethical.
Question 3:
On the eve of the initial hearing for the reception of evidence for defense,
the defendant and his counsel had a conference where the client directed
the lawyer to present as principal defense witness two persons whose
testimonies were personally known to the lawyer to have been perjured.
The lawyer informed his client that he refused to go with the unwarranted
course of action proposed by the defendant. But the client insisted on his
directive, or else he would not pay the agreed attorney’s fees.
When the case was called for hearing the next morning, the lawyer
forthwith moved in open court that he be relieved as counsel for
defendant. Both the defendant and the plaintiff’s counsel objected
the motion.
Answer:
a) A champertous contract is one where the lawyer agrees to conduct the litigation on his
own account and to pay the expenses thereof, and to receive as his fee; a portion of the proceeds
of the judgement. It is contrary to public policy and invalid because it violates the fiduciary
relationship between the lawyer and his client (Bautista v. Gonzales, 182 SCRA 151 (1990). In
effect, he is investing in the case with the expectation of making profit. The practice of law is a
profession ad not a business venture.
b) A contingent fee contract is an agreement in which the lawyer’s fee, usually a fixed
percentage of what may be recovered in the action, is made to depend upon the success in the
effort to enforce or defend the client’s right. It is a valid agreement. It is different from champertous
contract in that the lawyer does not undertake to shoulder the expenses of the litigation.
What are the respective remedies relative to the collection of attorney’s fees,
if any, of A and Atty. B against each other? (5%)
SUGGESTED ANSWER:
VII
Apollo hired Atty. Dennis to file an action for damages. Since Apollo has no
money, he entered into a contingent fee agreement where Atty. Dennis will
shoulder all expenses of litigation and will not charge for legal services. In case of
a favorable decision, Apollo agreed to transfer to his lawyer a lot in Cebu.
Eventually, Apollo won the caw. Atty. Dennis asked Apollo to execute the deed of
sale, but the latter refused upon advice of a friend that the agreement is illegal.
Due to threats of legal action by his lawyer, Apollo filed a complaint before the
Supreme Court alleging that the agreement is a champertous contract. Rule on
the legality of the agreement on contingent fee and the propriety of getting the
property of Apollo. Explain. (5V0)
SUGGESTED ANSWER:
The contract for attorney's fees between Atty. Dennis and Apollo is indeed a
champertous agreement. A champertous agreement is similar to a contingent fee
agreement wherein the lawyer will be paid only if he is successful in handling the
case. But what makes it champertous is the provision, as in this case, that the
lawyer will shoulder all the expenses of litigation. That makes the lawyer a
businessman who invested in the case in the hope that he will profit from such
investment. A contingent fee contract is valid, while a champertous agreement is
invalid.
With regard to the acquisition by Atty. Dennis of Apollo's property in Cebu, the
same will not be in violation of Article 1491 of the New Civil Code, if the contract
was simply a contingent fee contract, because the property in Cebu was not
involved in thel case that Atty. Dennis handled, and the lot will not be transferred
to Atty. Dennis until the case was terminated.
Answer:
2) It is the duty of an attorney to divulge the communication of his client as to his announced
intention to commit a crime to the proper authorities to prevent the act or to protect the person
against whom it is threatened.
2) Public policy and the lawyer’s duty to counsel obedience to the law forbid that an attorney
should assist in the commission of a crime or permit the relation of attorney and client to conceal a
wrong doing. He owes it to himself and to the public to use his best efforts to restraint his client
from doing any unlawful act and if, notwithstanding his advice, his client proceeds to execute the
illegal deed, he may disclose it or be examined as to any communication relating thereto. There is
privileged communication only as to crimes already committed before its communication to the
lawyer.
4. Withdrawal of services
Question No. 5
Atty. X filed a notice of withdrawal of appearance a counsel for the accused Y after the
prosecution rested its case. The reason for the withdrawal of Atty. X was the failure of accused Y
to affix his conformity to the demand of Atty. X for increase in attorney’s fees. Is the ground for
withdrawal justified? Explain. (5%).
Answer:
The ground for withdrawal is not justified. Rule 22.01 (e) of the Code of Professional
Responsibility provides that a lawyer may withdraw his services when the client deliberately fails
to pay the fees for his services or fails to comply with the retainer agreement. In this case, the
client has not failed to pay the lawyer’s fees or to comply with the retainer agreement. He has only
refused to agree with the lawyer’s demand for an increase in his fees. It is his right to refuse; that
is part of his freedom of contract.
Answer:
The investigator should continue with the investigation. A disbarment proceeding is sui generis,
neither a civil or criminal action. As such, a desistance by the complainant is unimportant. The
case may proceed regardless of interest or lack of interest of the complainant (Rayos-Ombac v.
Rayos, 285 SCRA 93 (1998). If the evidence on record warrants, the respondents may be
suspended or disbarred regardless of the desistance of the complaint. Of course, if the
complainant refuses to testify and the charges cannot then be substantiated, the court will have
no alternative but to dismiss the case.
Question 9:
Answer:
A disbarment proceeding is considered sui generis or a class by itself,
because of the following reason:
1. It is neither civil nor a criminal proceeding;
2. Double Jeopardy cannot be availed of as a defense;
3. It can be initiated motu proprio by the Supreme Court or by the IBP;
4. It can proceed regardless of conflict of interest or lack of
interest of the complainant
5. It is imprescriptible;
6. It is confidential
7. It is in itself due process.
Question 7:
A. Upon learning from newspaper reports that bar candidate Vic Pugote
passed the bar examinations, Miss Adorable immediately lodged a
complaint with the Supreme Court. Praying Vic Pugote be
disallowed from taking the oath as a member of the Philippine Bar
because he was maintaining illicit relationship with several women
other than his lawfully wedded spouse, however from unexplained
reasons, he succeeded to take his oath as a lawyer. Later, when
confronted with Miss Adorable’s complaint formally; Pugote moved
for the dismissal of the case on the ground of it being moot and
academic.
B. Alleging that Atty. Malibu seduced her when she was sixteen years
old, which resulted in her pregnancy and the birth of a baby girl,
Miss Magayon filed a complaint for his disbarment seven years
after the alleged seduction was committed. Atty. Malibu contended
that considering the period of delay that the complaint was file. It
can no longer be entertained much less prosecuted since the
offense already prescribed.
Answer:
b. Prescription of actions
2. Grounds
3. How instituted
4. Proceedings
Question
Answer:
A. I would object to the holding of a trial in public. Disciplinary
proceedings against an attorney are confidential in nature until its
termination. The professional success of a lawyer depends almost
entirely on his good reputation. If that is tarnished, it is difficult to
restore the same. To avoid the unnecessary ruin of a lawyers name,
disbarment proceedings are directed to be confidential until their
final determination.(Sec. 18 Rule 139-B Rules of Court).
B. Atty. Jarazo complaint will not prosper. The rule is that before a civil
action or criminal action against a judge for violating Art.204 of the
revised penal code(knowingly rendering an unjust judgment) can be
entertained, there must be a final and authoritative declaration that
the decision is indeed unjust( De Vera vs Pelayo 355 SCRA 281).
By not appealing the decision of Judge Dejado to a higher court,
Atty. Jarazo cannot prove that there is an authoritative and final
declaration that the said decision is unjust. Thus his criminal
complaint will not prosper.
Question 9:
A. Judge Aficionado was among the several thousands of spectators watching a basketball
game at the Rizal Memorial Coliseum who saw the stabbing of referee Maykilling by player
Baracco in the course of the game. The criminal case correspondingly filed against Baracco for
stabbing of Maykilling was raffled to the Regional Trial court branch presided by Judge Aficionado.
Should the Judge sit in Judgment over and try the case against Baracco?
B. Atty. Walasunto has been a member of the Philippine Bar for twenty years but has never
plied his profession as a lawyer. His sole means of livelihood is selling and buying real estate. In
one of the transactions as a real estate broker, he issued a bouncing check. He was criminally
prosecuted and subsequently convicted violating B.P. 22. In the disbarment proceedings filed
against him, Atty. Walasunto contented that his conviction for violation of B.P. 22 was not a valid
ground for disciplinary action against a member of the bar. He further argued that his act in
issuing the check was done in
relations to his calling as a real estate broker and not in the relation of the practice of law. Are the
contentions of Atty. Walasunto meritorious or not?
Answer:
A. No she should not preside over the case. Rule 3.12(a) of the Code of Judicial Conduct
provides that a judge should not take part in any proceedings where the judge has personal
knowledge of disputed evidentiary facts concerning the same.
B. No, his contentions are not meritorious. In the first place, a ground for disbarment is
conviction of a crime involving moral turpitude( Sec. 27 Rule 138, Rules of Court) and violation of
B.P. 22 is considered a crime involving moral turpitude( People v. Tuanda, 181 SCRA 692). In the
second place Rule 7.03 of the Code of Professional Responsibility provides that a lawyer shall not
engage in conduct adversely reflects on his fitness to practice law, nor shall he, whether in public
or private life, behave in scandalous manner to the discredit of the legal profession. Additionally
Rule 1.01 of the same Code provides that a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Question No. 12
Ben filed proceedings for disbarment against his lawyer, Atty. Co, following the latter’s conviction
for estafa for misappropriating funds belonging to his client (Ben). While the proceedings for
disbarment was pending, the President granted absolute pardon in favour of Atty. Co, then moved
for the dismissal of the disbarment case.
Should the motion be granted? (5%).
Answer:
An absolute pardon by the President is one that operates to wipe out the conviction as was as the
offense itself. The grant thereof to a lawyer is a bar to a proceeding for disbarment against him, if
such proceeding is based solely on the fact of such conviction ( In re Parcasion, 69 SCRA 336).
But where the proceeding to disbar is founded on the professional misconduct involved in the
transaction which culminated in his conviction, the effect of the pardon is only to relieve him of the
penal consequences of his act and does not operate as a bar to the disbarment proceeding,
inasmuch as the criminal acts may nevertheless constitute proof that the attorney does not
possess good moral character (In re Lontoc, 43 Phil.293).
5. Discipline of Filipino lawyers who practice in foreign jurisdictions
6. Sanctions
F. NOTARIAL PRACTICE
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity
8. Sanctions
A. SOURCES
Answer:
The practice is legally acceptable as long as the judge does not pressure on the parties and takes
care that he does not appear to have prejudged the case. Where a judge has told a party that his
case is weak before the latter was fully heard, such was considered ground for his disqualification
(Castillo v. Juan 62 SCRA 124).
Question No. 14
Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the side of the road gave
chase and stopped the tricycle. Judge Silva then confiscated the driver’s license and told him to
get it from his office. Was the conduct of Judge Salva proper?” (5%).
Answer:
The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411 (1074), where the Supreme
Court held:
While respondent might have been motivated by a spirit of civicism in cooperating with the city
authorities in the enforcement of traffic rules and regulations, the arrest of errant motor vehicle
drivers and the confiscation of their licenses are essentially police functions which are specifically
vested by law upon law enforcement officers of the government. Respondent as Judge of the City
Court will necessarily hear and decide all cases filed in his court regarding such violations and
infractions of the Motor Vehicle Law or traffic regulations by the law enforcement officers. It is
patent, therefore, that respondent should not have taken upon himself the responsibility of
confiscating the license of the motor cab driver but he should have referred the matter to the
police. We deemed it relevant to emphasize that the official conduct of a judge should be free
from impropriety or any appearance thereof. His personal behaviour in the performance of his
official duties and in his everyday life should be 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.
Answer:
The judge’s reliance on freedom of expression is untenable. The judge’s vicious writings
compromise his duties as judge in the impartial administration of justice. His writings lack judicial
decorum which requires the use of temperate, language at all times. The judge should not
instigate litigation (Galang v. Santos, 307 SCRA 583 (1999), Royeca v. Animas, 71 SCRS (1976).
Answer:
The family of Judge Matrabaho owns a small department store. With his
knowledge, an employee of the store posted on the bulletin board of his
court an ad for job openings informing the public that applications must be
filed in the office of the judge. For this purpose, the applicants would also
be interviewed therein. Is the judge liable for misconduct?
Answer:
The judge is liable for misconduct. In the case of (Dionisio vs Escano, 302
SCRA 411). The Supreme Court held that the acts of posting
advertisements for restaurant personnel on court bulletin board, using his
court address to receive applications, and of screening applicants in his
court, institute involvement in private business and improper use of court
facilities for the promotion of family business is in violation of the Code of
Judicial Conduct. The Restriction Enshrined in Rules 5.02 and 5.03 of the
Code of Judicial Conduct on judges which regards their own business
interests is based on the possible interference which may be created by
their business involvements in the exercise of their judicial duties corrodes
the respect and dignity of the courts as a bastion of justice. Judges Must
not allow themselves to be distracted from performance of their
Question 4:
Upon opening the session of his court, the Presiding Judge noticed the
presence of television cameras set up at strategic places in his courtroom
and the posting of media practitioners all over the sala with their video
cameras. The Judge forthwith issued an order directing the exclusion from
the courtroom of all television paraphernalia and further instructing the
reporters inside the hall not to operate their “video cams” during the
proceedings. The defense lawyers objected to the courts order, claiming
that it was in violation of their client’s right to a public trial.
A. In issuing the questioned order, did the Judge act in violation of the
rights of the accused to a public trial?
B. Did the Judge act in derogation of the press freedom when he
directed the exclusion of the television paraphernalia from the
courtroom and when he prohibited the news reporters in the
courtroom from operating their video cams during the court
proceedings?
Answer:
A. No, the Judge did not violate the right of the accused to a public
trial. A trial is public when anyone interested in observing the
manner a judge conducts the proceedings in his courtroom may do
so (Garcia vs Domingo 52 SCRA 143). There is to be no ban on the
attendance. In the question given, the judge did not bar the
attendance, only the use of television paraphernalia and video
cameras.
B. No, pressed freedom was never transgressed. The serious risks
posed to the fair administration of justice by live TV and Radio
broadcast, especially when emotions are running high on issues
stirred by the case, should be taken into consideration before
addressing the issue of press freedom. The right of the accused to a
fair trial, not by trial by publicity takes precedence over press
freedom as invoked by TV Reporters in the case (Perez vs Estrada
365 SCRA 62).
B. QUALITIES
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence
C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES
D. DISQUALIFICATION OF JUDICIAL OFFICERS
1. Compulsory
2. Voluntary
Question 13:
Answer:
Section 35, Rule 138 of the Revised Rules of Court and Rule 5.07 of the
Code of Judicial Conduct prohibit a judge from engaging in the private
practice of law as a member of the bar giving professional advice to the
clients. In the case of (De Castro vs Capulong, 118 SCRA 5) the
Supreme Court Ruled that a judge who merely acted as a witness to a
document and who explained to the party waiving his rights of redemption
over the mortgaged property and the consequence thereof, does not
engage himself in the practice of law. This appears to be more applicable
to the case of Judge Maawain. He did not give professional advice in
anticipation of litigation. He was just asked to review was a deed of
extrajudicial settlement of estate. He signed merely as an instrumental
witness and not as a legal counsel.
4. Impeachment
(1) What is the method of national inquiry into the conduct of Supreme Court
magistrates?
(A) Administrative investigation.
(B) Disqualification.
(C) Impeachment.
(D) Disbarment.
4. When will Atty. Antonio's notarial commission expire if he applied for and
was given such commission on 12 November 2010?
(a) Remind the Court that it has the duty to promptly decide the case.
(b) Interpose no objection since she too once sought postponement
without Bernadine's objection.
(c) Vehemently oppose Bernadine's motion for being contrary to
Eric's wishes.
(d) Submit the motion to the Court's sound discretion.
2) Contract of sale
3) Contract of lease
4) Special power of attorney
5) Verification and certificate of non-forum shopping
Question 5:
On June 28, 2001, RJ filed with the Supreme Court a petition for
prohibition, with a prayer for temporary restraining order/ preliminary
injunction, to forestall his removal as chairman and general manager of a
government agency, He believed he had a fixed term until January 31,
2004, but there were indications that the new President would replace
him. As he had apprehended, an Administrative Order was issued by the
Chief Executive
Answer:
A. RJ is guilty of forum shopping . Forum Shopping is the practice of
filing Multiple actions from the same cause of action ( Rule 12.02 of
the Code of Professional Responsibility). It is clear that RJ’s petition
for prohibition was still pending in the Supreme Court while he filed
the same petition in the Regional Trial Court. He should have
waited first for the resolution of his motion to withdraw before filing
the second petition because he cannot assume that the motion will
be granted.
B. Instances of Forum Shopping:
1. When, as a result of an adverse opinion in one forum, a party
seeks a favorable opinion(other than appeal or certiorari) in
another .
2. When he institutes two or more actions or proceeding grounded
by a same cause of action, on the gamble that one or more court
would make a favorable decision.
3. Filing a second suit in a court without jurisdiction.
4. Filing an action is still pending in an administrative proceeding
5. When counsel omits to disclose the pendency of an appeal,
in filing a certiorari case.
(2) Which of the following will subject Atty. Lyndon, a Manila notary public, to
sanctions under the notarial rules?
(A) Notarizing a verification and certification against forum shopping in Manila
Hotel at the request of his Senator-client.
(B) Refusing to notarize an extra-judicial settlement deed after noting that
Ambo, a friend, was delisted as heir when he was in fact one.
(C) Performing signature witnessing involving his brother-in-law and recording
it in his register.
(D) Notarizing a deed of sale for someone he knew without requiring any proof
of identity.
Question 6:
A businessman is looking for a new retainer. He approached you and asked for
your schedule of fees or charges. He informed you of the professional fees he
is presently paying his retainer, which is actually lower than your rates. He said
if you lower your rates he will engage your services.