2005 BAR EXAMS QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES

- I -
Mutpe choce. Choose the correct answer. Wrte the etter correspondng to your
answer.
(1.) Whch of the foowng need not be vered?
a) Petton for Certorar;
b) Interpeader;
c) Petton for Habeas Corpus;
d) Answer wth compusory countercam;
e) A peadngs under the Rues on Summary Procedure. (2%)
(2.) Whch of the foowng statements s fase?
a) A admnstratve cases aganst |ustces of appeate courts and |udges of ower
courts fa excusvey wthn the |ursdcton of the Supreme Court.
b) Admnstratve cases aganst errng |ustces of the Court of Appeas and
Sandganbayan, |udges, and awyers n the government servce are not
automatcay treated as dsbarment cases.
c) The IBP Board of Governors may, motu propro, or upon referra by the Supreme
Court or by a Chapter Board of Omcers, or at the nstance of any person, ntate
and prosecute proper charges aganst errng awyers ncudng those n the
government servce.
d) The ng of an admnstratve case aganst the |udge s not a ground for
dsquacaton/nhbton.
e) Tra courts retan |ursdcton over the crmna aspect of ohenses commtted by
|ustces of appeate courts and |udges of ower courts. (2%)
(3.) On whch of the foowng s a awyer proscrbed from testfyng as a wtness n a
case he s handng for a cent:
a) On the mang of documents;
b) On the authentcaton or custody of any nstrument;
c) On the theory of the case;
d) On substanta matters n cases where hs testmony s essenta to the ends of
|ustce. (2%)
- II -
Mke Adeantado, an asprng awyer, dscosed n hs petton to take the 2003 Bar
Examnatons that there were two cv cases pendng aganst hm for nucaton of
contract and damages. He was thus aowed to condtonay take the bar, and
subsequenty paced thrd n the sad exams.
In 2004, after the two cv cases had been resoved, Mke Adeantado ed hs
petton to take the Lawyers Oath and sgn the Ro of Attorneys before the Supreme
Court. The Omce of the Bar Condant, however, had receved two anonymous
etters: the rst aeged that at the tme Mke Adeantado ed hs petton to take
the bar, he had two other cv cases pendng aganst hm, as we as a crmna case
for voaton of Batas Pambansa (B.P.) Bang 22; the other etter aeged that Mke
Adeantado, as Sanggunang Kabataan (SK) Charperson, had been sgnng the
attendance sheets of (SK) meetngs as "Atty. Mke Adeantado."
a) Havng passed the bar, can Mke Adeantado aready use the appeaton
"attorney"? Expan your answer. (3%)
b) Shoud Mke Adeantado be aowed to take hs oath as a awyer and sgn the Ro
of Attorneys? Expan your answer. (3%)
- III -
Atty. Kurpot was one of Town Banks vaued cents. In recognton of hs oyaty to
the bank, he was ssued a god credt card wth a credt mt of P250,000.00. After
two months, Atty. Kurpot exceeded hs credt mt, and refused to pay the monthy
charges as they fe due. Asde from a coecton sut, Town Bank aso ed a
dsbarment case aganst Atty. Kurpot.
In hs comment on the dsbarment case, Atty. Kurpot nssted that he dd not voate
the Code of Professona Responsbty, snce hs obgaton to the bank was
persona n nature and had no reaton to hs beng a awyer.
a) Is Atty. Kurpot correct? Expan your answer. (3%)
b) Expan whether Atty. Kurpot shoud be hed admnstratvey abe for hs refusa
to sette hs credt card b. (3%)
- IV -
You had |ust taken your oath as a awyer. The secretary to the presdent of a bg
unversty ohered to get you as the omca notary pubc of the schoo. She
expaned that a ot of students ose ther Identcaton Cards and are requred to
secure an amdavt of oss before they can be ssued a new one. She camed that
ths woud be very ucratve for you, as more than 30 students ose ther
Identcaton Cards every month. However, the secretary wants you to gve her one-
haf of your earnngs therefrom.
W you agree to the arrangement? Expan. (5%)
- V -
|udge Horaco woud usuay go to the cockpts on Saturdays for reaxaton, as the
owner of the cockpt s a frend of hs. He aso goes to the casno once a week to
accompany hs wfe who oves to pay the sot machnes. Because of ths, |udge
Horaco was admnstratvey charged. When asked to expan, he sad that athough
he goes to these paces, he ony watches and does not pace any bets.
Is hs expanaton tenabe? Expan. (5%)
- VI -
A busnessman s ookng for a new retaner. He approached you and asked for your
schedue of fees or charges. He nformed you of the professona fees he s presenty
payng hs retaner, whch s actuay ower than your rates. He sad that f your rates
are ower, he woud engage your servces.
W you ower your rates n order to get the cent? Expan. (5%)
- VII -
(1.) |udge Segoter s a member of Ph Nu Ph Fraternty. Atty. Nonato ed a moton
to dsquafy |udge Segoter on the ground that the counse for the opposng party s
aso a member of the Ph Nu Ph Fraternty. |udge Segoter dened the moton.
Comment on hs rung. (5%)
(2.) In an ntestate proceedng, a petton for the ssuance of etters of
admnstraton n favor of a Regona Tra Court |udge was ed by one of the hers.
Another her opposed the petton on the ground that the |udge s dsquaed to
become an admnstrator of the estate as he s the brother-n-aw of the deceased.
Rue on the petton. (5%)
- VIII -
Due to the number of cases handed by Atty. Cesar, he faed to e a notce of
change of address wth the Court of Appeas. Hence, he was not abe to e an
appeants bref and consequenty, the case was dsmssed. Aggreved, Atty. Cesar
ed a moton for reconsderaton of the resouton dsmssng the appea and to set
asde the entry of |udgment on the ground that he aready ndcated n hs "Urgent
Moton for Extenson of Tme to Fe Appea Bref" hs new address and that hs
faure to e a notce of change of address s an excusabe neggence.
W the moton prosper? Expan. (5%)
- IX -
Darus s charged wth the crme of murder. He sought Atty. Francas hep and
assured the atter that he dd not commt the crme. Atty. Franca agreed to
represent hm n court. Durng the tra, the prosecuton presented severa wtnesses
whose testmones convnced Atty. Franca that her cent s guty. She confronted
hs cent who eventuay admtted that he ndeed commtted the crme. In vew of
hs admsson, Atty. Franca decded to wthdraw from the case.
Shoud Atty. Franca be aowed to do so? Expan. (5%)
- X -
Atty. Yabang was suspended as a member of the Bar for a perod of one (1) year.
Durng the perod of suspenson, he was permtted by hs aw rm to contnue
workng n ther omce, draftng and preparng peadngs and other ega documents
but was not aowed to come nto drect contact wth the rms cents. Atty. Yabang
was subsequenty sued for ega practce of aw.
Woud the case prosper? Expan. (5%)
- XI -
Atty. |apzon, a former partner of XXX aw rm, s representng Kapuso Corporaton n
a cv case aganst Kapamya Corporaton whose ega counse s XXX aw rm. Atty.
|apzon cams that she never handed the case of Kapamya Corporaton when she
was st wth XXX aw rm.
Is there a conct of nterest? Expan. (5%)
- XII -
Pendng before the saa of |udge Magbag s the case of CDG versus |OT. The ega
counse of |OT s Atty. Ocsng who happens to be the brother of Atty. Ferreras, a
frend of |udge Magbag. Whe the case was st beng heard, Atty. Ferreras and hs
wfe ceebrated ther weddng annversary. They nvted ther frends and famy to a
dnner party at ther house n Forbes Park. |udge Magbag attended the party and
was seen conversng wth Atty. Ocsng whe they were eatng at the same tabe.
Comment on the proprety of |udge Magbags act. (5%)
- XIII -
Gerry Cruz s the owner of a 1,000-square meter ot covered by Transfer Certcate
of Tte No. 12345 ocated n Sampaoc, Metro Mana. Gerry decded to se the
property but dd not have the tme to ook for a buyer. He then desgnated hs
brother, |on, to ook for a buyer and negotate the sae. |on met Angeo Santos who
expressed hs nterest to buy the ot. Angeo agreed to pay P1 Mon for the
property on September 26, 2005.
a) Draft the Speca Power of Attorney to be executed by Gerry Cruz, as prncpa, n
favor of hs brother |on, as agent, authorzng the atter to se the property n favor
of Angeo Santos. (7%)
b) Draft the Deed of Sae of Rea Property. (7%)
- XIV -
Draft a wthdrawa of counse wthout conformty of cent. (6%)
- XV -
Draft a Notce of Appea. (6%) - XVI - Draft a Certcaton of Non-Forum Shoppng.
(6%)
NOTHING FOLLOWS.
Bar Exams 2006 Ques!"#s !# Le$a% E&!'s ( Pra'!'a% Exer'!ses
- I -
1. Why s aw a professon and not a trade? 2.5%
2. Why s an attorney consdered an omcer of the court? 2.5%
- II -
1. Is there a dstncton between "practcng awyer" and "tra awyer"? 2.5%
2. Enumerate the nstances when a aw student may appear n court as counse
for a tgant. 2.5%
- III -
1. The Supreme Court suspended ndentey Atty. Fernandez from the practce
of aw for gross mmoraty. He asked the Muncpa Crcut Tra Court |udge of
hs town f he can be apponted counse de ofcio for Tony, a chdhood frend
who s accused of theft. The |udge refused because Atty. Fernandezs name
appears n the Supreme Courts Lst of Suspended Lawyers. Atty. Fernandez
then nqured f he can appear as a frend for Tony to defend hm.
If you were the |udge, w you authorze hm to appear n your court as a frend for
Tony? 5%
2. Supposng Tonys a defendant n a cv case for coecton of sum of money
before the same court, can Atty. Fernandez appear for hm to conduct hs
tgaton? 5%
- IV -
Atty. Ode, 80 yearsod, refuses to pay hs IBP dues. He argues he s a senor ctzen
and sem-retred from the practce of aw. Therefore, he shoud be exempt from
patng IBP dues.
1. Is hs argument correct? 3%
For the same reasons, Atty. Ode aso nsst that he shoud be exempt from the
Mandatory COntnung Lega Educaton (MCLE) requrements.
2. Shoud he be exempt? 3%
- V -
Myrna, pettoner n case for custody of chdren aganst her husband, sought advce
from Atty. Mendoza whom she met at a party. She nformed Atty. Fernandez that her
awyer, Atty. Khan, has been chargng her exorbtant appearance fees when a he
does move for postponements whch have unduy deayed the proceedngs; and
that recenty, she earned that Atty. Khan approached her husband askng for a
huge amount n exchange for the wthdrawa of her Moton for ssuance of Hod
Departure Order so that he and hs chdren can eave for abroad.
1. Is t ethca for Atty. Mendoza to advse Myrna to termnate the servcesof Atty.
Khan and hre hm nstead for a reasonabe attorneys fees? 5%
2. What shoud Atty. Mendoza do about the nformaton reayed to hm by Myrna
that Atty. Khan approached her husband wth an ndecent proposa? 5%
- VI -
In hs petton for certorar ed wth the Supreme Court, Atty . Dzon aeged that
Atty .Pada, a ega researcher n the Court of Appeas, drafted the assaed
Decson; that he s gnorant of the appcabe aws; and that he shoud be dsbarred.
Can Atty .Dzon, n castgatng Atty .Pada, be hed abe for unethca conduct
aganst the Court of Appeas? 5%
- VII -
Provnca Prosecutor Bonfaco refused to represent the Muncpaty of San Vcente
n a case for coecton of taxes. He expaned that he cannot hande the case wth
sncerty and ndustry because he does not beeve n the poston taken by the
muncpaty.
Can Prosecutor Bonfaco be sanctoned admnstratvey? 5%
- VIII -
Prosecutor Corone entered hs appearance on behaf of the State before a Famy
Court n a case for decaraton of nuty of marrage, but he faed to appear n a
the subsequent proceedngs. When requred by the Department of |ustce to
expan, he argued that the partes n the case were aby represented by ther
respectve counses and that hs tme woud be better empoyed n more substanta
prosecutora functons, such as nvestgatons, nquests and appearances n court
hearngs.
Is Atty .Corones expanaton tenabe? 5%
- IX -
Atty .Mare consuted Atty .Hernandez whether she can successfuy prosecute her
case for decaraton of nuty of marrage she ntends to e aganst her husband.
Atty. Hernandez advsed her n wrtng that the case w not prosper for the reasons
stated theren. Atty .Mare, however, decded to e the case and engaged the
servces of another awyer, Atty .Pe. Her husband, Noe, havng earned about the
opnon of Atty .Hernandez, hred hm as hs awyer .
Is Atty .Hernandezs acquescence to be Noes counse ethca? 3%
- X -
In the course of a drnkng spree wth Atty. Hogado who has aways been hs
counse n busness deas, Smon bragged about hs recent sexua adventures wth
socates known for ther expensve tastes. When Atty. Hogado asked Smon how he
manages to nance hs escapades, the atter answered that he has been usng the
bank deposts of rch cents of Banco Fpno where he works as manager.
Is Smons reveaton to Atty. Hogado covered by the attorney-cent prvege? 5%
- XI -
The contract of attorneys fees entered nto by Atty .Ountos and hs cent, Susan,
stpuates that f a |udgment s rendered n her favor, he gets 60% of the property
recovered as contngent fee. In turn, he w assume payment of a expenses of the
tgaton.
1. Is the agreement vad? 2.5%
2. May Atty .Ountos and Susan ncrease the amount of the contngent fee to
80%? 2.5%
- XII -
1. What s "assumpst" and when s t proper? 2%
2. Gve 4 nstances when a cent may vady refuse to pay hs awyer the fu
amount of attorneys fees stpuated n ther wrtten contract. 4%
- XIII -
Gve 4 nstances when a cent may vady refuse to pay hs awyer the fu amount
of attorneys fees stpuated n ther wrtten contract. 4%
- XIV -
Atty. Perez was admtted as a member of the New York Bar. Whe n Manhattan, he
was convcted of estafa and was dsbarred.
Does hs dsbarment n New York a ground for hs automatc dsbarment n the
Phppnes? 2.5%
- XV -
Whch of the foowng acts does not consttute a ground for dsbarment? Expan.
2.5%
1. Gross msconduct
2. Frauduent msrepresentaton
3. Grossy mmora conduct
4. Voaton of the Lawyers Oath
5. Wfu dsobedence to a awfu order of the Supreme Court
6. Mapractce
7. Appearance of a non-awyer as an attorney for a tgant n a case
- XVI -
Draft an Amdat of Desstance n a crmna case for acts of ascvosness. (Excude
the |urat)
- XVII -
Draft an amdat of Sef-Ad|ucaton of the estate of a deceased person. (Excude the
|urat)
- XVIII -
Draft an Informaton chargng Obet Buena wth arson ed wth the Regona Tra
Court. Branch 10, Mana. 10%
NOTHING FOLLOWS.
Bar Exams 200) Ques!"#s !# Le$a% E&!'s ( Pra'!'a% Exer'!ses
- I -
(10%)
What are the dutes of an attorney?
- II -
(10%)
C engages the servces of attorney D concernng varous mortgage contracts
entered nto by her husband from whom she s separated, fearfu that her rea
estate propertes w be forecosed and of mpendng suts for sums of money
aganst her. Attorney D advsed C to gve hm her and ttes coverng her ots so he
coud se them to enabe her to pay her credtors. He then persuaded her execute
deeds of sae n hs favor wthout any monetary or vauabe consderaton, to whch
C agreed on condton that he woud se the ots and from the proceeds pay her
credtors. Later on, C came to know that attorney D dd not se her ots but nstead
pad her credtors wth hs own funds and had her and tttes regstered n hs name.
Dd attorney D voate the Code of Professona Responsbty? Expan.
- III -
(10%)
Attorney M. accepted a cv case for the recovery of tte and possesson of and n
behaf of N. Subsequenty, after the Regona Tra Court had ssued a decson
adverse to N, the atter ed an admnstratve case aganst attorney M for
dsbarment. He aeged that attorney M caused the advese rung aganst hm; that
attorney M dd not e an opposton to the Demurrer to Evdence ed n the case,
nether dd he appear at the forma hearng on the demurrer, eadng the tra court
to assume that panths counse (attorney M) appeared convnced of the vadty of
the demurer ed; that attorney M dd not even e a moton for reconsderaton ,
causng the order to become na and executory; and that even pror to the above
events and n vew of attorney Ms apparent oss of nterest n the case, he verbay
requested attorney M to wthdraw, but attorney M refused. Companant N further
aeged that attorney M abused hs cents trust and condence and voated hs
oath of omce n fang to defend hs cents cause to the very end.
Attorney M reped that N dd not gve hm hs fu cooperaton; that the voumnous
records turned over to hm were n dsarray, and that appeared for N, he had ony
haf of the nformaton and background of the case; that he was assured by Ns
frends that they had approach the |udge; that they requested hm (M) to prepare a
moton for reconsderaton whch he dd and gave to them; however these frends
dd not return the copy of the moton.
W the admnstratve case proper? Gve reasons for your answer.
- IV -
(10%)
When s recovery of attorneys fees based on quantum meruit aowed?
- V -
(10%)
Durng the hearng of an eecton protest ed by hs brother, |udge E sat n the area
reserved for the pubc, not besde hs brothers awyer. |udge Es brother won the
eecton protest. Y, the defeated canddate for mayor, ed an admnstratve case
aganst |udge E for empoyng nuence and pressure on the |udge who heard and
decded the eecton protest.
|udge E expaned that the man reasons why he was there n the courtroom were
because he wanted to observe how eecton protest are conducted as he has never
conducted one and because he wanted to gve mora support to hs brother.
Dd |udge E commt an act of mproprety as a member of the |udcary? Expan?
- VI -
(Tota 10%)
a. A and B are accused of Estafa by C, the wfe of Regona Tra Court |udge D.
|udge D tested as a wtness for the prosecuton n the Estafa case. Dd
|udge D commt an act of mproprety? Gve reasons for your answer. (5%)
b. What quates shoud an dea |udge possess under the New Code of |udca
Conduct for the Phppne |udcary? (5%)
- VII -
(Tota 10%)
a. What evdence of dentty does the 2004 Rues on Notara Practce requre
before a notary pubc can omcay amx hs notara sea on and sgn a
document presented by an ndvdua whom the notary pubc does not
personay know? (5%)
b. When can |udges of the Muncpa Tra Courts (MTC) and Muncpa Crcut
Tra Courts (MCTC) perform the functon of notares pubc ex ofcio, even f
the notarzaton of the documents are not n connecton wth the exercse of
ther omca functon and dutes? (5%)
- VIII -
(10%)
Prepare a cause stpuatng a rght of rst refusa to be emboded n a contract of
ease, n case of sae of the property eased.
- IX -
(10%)
Prepare an amdavt of merts to be attached to a Petton for Reef.
- X -
(10%)
Prepare an arbtraton cause to be ncuded n a contract.
NOTHING FOLLOWS.
200* Bar Ques!"#s !# Le$a% E&!'s a#+ Pra'!'a% Exer'!ses
I

Chrstne was apponted counse de oco for Zuma, who was accused of rapng hs
own daughter. Zuma peaded not guty but thereafter prvatey admtted to
Chrstne that he dd commt the crme charged.
a) In ght of Zumas admsson, what shoud Chrstne do? Expan. (3%)
b) Can Chrstne dscose the admsson of Zuma to the court? Why or why not? (2%)
c) Can Chrstne wthdraw as counse of Zuma shoud he nsst n gong to tra?
Expan. (3%)

II
In 1998, Acaramba, a teecommuncatons company, sgned a retaner agreement
wth Banca & Sopha Law Omce (B & S) for the atters ega servces for a fee of
P2,000 a month. From 1998 to 2001, the ony servce actuay performed by B & S
for Acaramba was the revew of a ease agreement and representaton of Acaramba
as a companant n a bouncng checks case. Acaramba stopped payng retaner fees
n 2002 and termnated ts retaner agreement wth B & S n 2005. In 2007,
Temavous, another teecommuncatons company, requested B & S to act as ts
counse n the foowng transactons: (a) the acquston of Acaramba; and (b) the
acquston of Super-6, a company engaged n the power busness.
In whch transactons, f any, can Banca & Sopha Law Omce represent Temavous?
Expan fuy. (7%)

III
Dumbedore, a noted professor of commerca aw, wrote an artce on the sub|ect of
etters of credt whch was pubshed n the IBP |ourna.
a) Assume he devoted a sgncant porton of the artce to a commentary on how
the Supreme Court shoud decde a pendng case nvovng the appcaton of the
aw on etters of credt. May he be sanctoned by the Supreme Court? Expan. (4%)
b) Assume Dumbedore dd not ncude any commentary on the case. Assume
further after the Supreme Court decson on the case had attaned naty, he wrote
another IBP |ourna artce, dssectng the decson and expanng why the Supreme
Court erred n a ts concusons. May he be sanctoned by the Supreme Court?
Expan. (3%)

IV
Chester asked Laarn to hande hs cam to a szeabe parce of and n Ouezon Cty
aganst a we-known property deveoper on a contngent fee bass. Laarn asked for
15% of the and that may be recovered or 15% of whatever monetary settement
that may be receved from the property deveoper as her ony ee contngent upon
securng a favorabe na |udgment or compromse settement. Chester sgned the
contngent fee agreement.
a) Assume the property deveoper setted the case after the case was decded by
the Regona Tra Court n favor of Chester for P1 Bon. Chester refused to pay
Laarn P150 Mon on the ground that t s excessve. Is the refusa |usted?
Expan. (4%)
b) Assume there was no settement and the case eventuay reached the Supreme
Court whch promugated a decson n favor of Chester. Ths tme Chester refused to
convey to Laarn 15% of the tgated and as stpuated on the ground that the
agreement voates Artce 1491 of the Cv Code whch prohbts awyers from
acqurng by purchase propertes and rghts whch are the ob|ect of tgaton n
whch they take part by reason of ther professon. Is the refusa |usted? Expan.
(4%)

V
The vendor ed a case aganst the vendee for the annument of the sae of a pece
of and.
a) Assume the vendee obtaned a summary |udgment aganst the vendor. Woud the
counse for the defendant vendee be entted to enforce a chargng en? Expan.
(4%)
b) Assume, through the exceent work of the vendees counse at the pre-tra
conference and hs wse use of modes of dscovery, the vendor was compeed to
move for the dsmssa of the compant. In ts order the court smpy granted the
moton. Woud your answer be the same as n queston (a)? Expan. (3%)

VI
Atty. Abga ed admnstratve cases before the Supreme Court aganst |udge Lus.
Thereafter, Atty. Abga ed a Moton for Inhbton prayng that |udge Lus nhbt
hmsef from tryng, hearng or n any manner actng on a cases, cv and crmna,
n whch Atty. Abga s nvoved and handng. Shoud |udge Lus nhbt hmsef as
prayed for by Atty. Abga? Expan fuy. (6%)

VII
In need of ega servces, Nko secured an appontment to meet wth Atty. Henry of
Henry & Meyer Law Omces. Durng the meetng, Nko dvuged hghy prvate
nformaton to Atty. Henry, beevng that the awyer woud keep the condentaty
of the nformaton. Subsequenty, Nko was shocked when he earned that Atty.
Henry had shared the condenta nformaton wth hs aw partner, Atty. Meyer, and
ther common frend, prvate practtoner Atty. Canongo. When confronted, Atty.
Henry reped that Nko never sgned any condentaty agreement, and that he
shared the nformaton wth the two awyers to secure amrmance of hs ega
opnon on Nkos probem. Dd Atty. Henry voate any rue of ethcs? Expan fuy.
(7%)

VIII
State, wth a bref expanaton, whether the awyer concerned may be sanctoned
for the conduct stated beow.
a) Fng a compant that fas to state a cause of acton, thereby resutng n the
defendant succeedng n hs moton to dsmss. (3%)
b) A suspended awyer workng as an ndependent ega assstant to gather
nformaton and secure documents for other awyers durng the perod of hs
suspenson. (3%)
c) A suspended awyer aowng hs non-awyer stah to actvey operate hs aw
omce and conduct busness on behaf of cents durng the perod of suspenson.
(3%)
d) Keepng money he coected as renta from hs cents tenant and remttng t to
the cent when asked to do so. (3%)
e) Refusng to return certan documents to the cent pendng payment of hs
attorneys fees. (3%)
f) An unwed femae awyer carryng on a candestne ahar wth her unwed mae
hardresser. (3%)
g) Not payng the annua IBP dues. (3%)

IX
State, wth a bref expanaton, whether the |udge concerned may be sanctoned for
the conduct stated beow.
a) Refusng to nhbt hmsef athough one of the awyers n the case s hs second
cousn. (3%)
b) Decdng a case n accordance wth a Supreme Court rung but addng that he
does not agree wth the rung. (3%)
c) Dctatng hs decson n open court mmedatey after tra. (3%)

X
Ian Aba owns a house and ot at No. 9 West Agua, Green Cross Subdvson,
Ouezon Cty, whch he eased to |un Mranda for a term of two years startng May 1,
2006, at a monthy renta of P50,000. |un defauted n the payments of hs rentas
for sx (6) months, from |anuary 1, 2007 to |une 30, 2007.
a) Prepare a demand etter as awyer of Ian Aba addressed to |un Mranda
preparatory to ng an e|ectment case. (3%)
b) Assume |un Mranda dd not heed your demand etter. Draft a compant for
e|ectment. (Omt vercaton and amdavt of non-forum shoppng). (9%)

XI
Draft a compete deed of donaton of a pece of and n accordance wth the form
prescrbed by the Cv Code. (8%)
Bar Exams 200, Ques!"#s !# Le$a% E&!'s a#+ Pra'!'a% Exer'!ses
BAR EXAMS 200, QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES

PART I
I
TRUE "r -ALSE. Answer TRUE f the statement s true, or FALSE f the statement s
fase. Expan your answer n not more than two (2) sentences. (5%)
1. The Bangalore Drat, approved at a Roundtabe Meetng of Chef |ustces hed
at The Hague, s now the New Code of |udca Conduct n the Phppnes.
2. An attorne! ad "oc s a awyer apponted by the court to represent an
absentee defendant n a sut n whch the appontment s made.
3. A c"arging lien, as dstngushed from a retaining lien, s an actve en whch
can be enforced by executon.
4. A awyer cannot refuse to dvuge the name or dentty of hs cent.
5. A notary pubc s dsquaed from performng a notara act when the party
to the document s a reatve by amnty wthn the 4th cv degree.
II
1. What s the ob|ect of the bar examnatons? Expan. (2%)
2. What are the three (3) tests to determne conct of nterest for practcng
awyers? Expan each brey. (3%)
III
1. May a party appear as hs own counse n a crmna or n a cv case?
Expan. (3%)
1. What s the student practce rue? (2%)
I/
1. In a case for homcde ed before the Regona Tra Court (RTC), Presdng
|udge Ountero ssued an order for the arrest of the accused, granted a
moton for the reducton of ba, and set the date for the arragnment of the
accused. Subsequenty, |udge Ountero nhbted hmsef from the case,
aegng that even before the case was ramed to hs court, he aready had
persona knowedge of the crcumstances surroundng the case. Is |udge
Ounteros nhbton |usted? Expan. (3%)
2. After beng dagnosed wth #tre## dermatiti#, |udge Rosand, wthout seekng
permsson from the Supreme Court, refused to wear her robe durng court
proceedngs. When her attenton was caed, she expaned that whenever
she wears her robe she s remnded of her heavy caseoad, thus makng her
tense. Ths, n turn, trggers the outbreak of skn rashes. Is |udge Rosand
|usted n not wearng her |udca robe? Expan. (3%)
/
Ch and Greta were aw schoo sweethearts. Ch became a awyer, but Greta
dropped out. One day, Ch asked Greta to sgn a marrage contract. The foowng
day, Ch showed Greta the document aready sgned by an aeged soemnzng
omcer and two wtnesses. Ch then tod Greta that they were aready marred and
Greta consented to go on a honeymoon. Thereafter, the coupe cohabted and begot
a chd. Two years ater, Ch eft Greta and marred a Venezuean beauty. Incensed,
Greta ed a dsbarment compant aganst Ch. W the case prosper? Expan. (4%)
/I
Atty. Sabungero obtaned a notara commsson. One Sunday, whe he was at the
cockpt, a person approached hm wth an amdavt that needed to be notarzed.
Atty. Sabungero mmedatey pued out from hs pocket hs sma notara sea, and
notarzed the document. Was the amdavt vady notarzed? Expan. (3%)
/II
Atty. Manue s counse for the defendant n a cv case pendng before the RTC.
After recevng the panths Pre-Tra Bref contanng the st of wtnesses, Atty.
Manue ntervewed some of the wtnesses for the panth wthout the consent of
panths counse.
1. Dd Atty. Manue voate any ethca standard for awyers? Expan. (3%)
2. W your answer be the same f t was the panth who was ntervewed by
Atty. Manue wthout the consent of panths counse? Expan. (2%)
/III
Court of Appeas (CA) |ustce |urs was admnstratvey charged wth gross
gnorance of the aw for havng ssued an order "temporary en|onng" the
mpementaton of a wrt of executon, and for havng ssued another order for the
partes to "mantan the status quo" n the same case. Both orders are obvousy
wthout any ega bass and voate CA rues. In hs defense, |ustce |urs cams that
the chaenged orders were coega acts of the CA Dvson to whch he beonged.
Thus, he posts that the charge shoud not be ed aganst hm aone, but shoud
ncude the two other CA |ustces n the Dvson. Is the contenton of |ustce |urs
tenabe? Expan. (3%)
IX
Aexander Sson, resdent of 111 Lbertad St., Sampaoc, Mana, engages your
servces as awyer. He tes you that a certan Mr. |uan |amero of 222 |uan Luna St.,
Tondo, Mana, owes hm P1,000,000.00; that the debt s ong overdue; and that,
despte repeated demands, |amero has faed to compy wth hs obgaton. He aso
shows you a promssory note, executed on |anuary 3, 2008, wheren |amero
promses to pay the amount of P1,000,000.00, wth 12% nterest per annum, wthn
one (1) year from date of note. Sson agrees to pay you attorneys fees n the
amount of P75,000.00, and a fee of P3,000.00 for every appearance n court.
As Ssons awyer, prepare the compant that you w e n court aganst |uan
|amero. (10%)
X
Gven the same facts n No. IX above, assume that summons had been served on
|amero, but no responsve peadng was ed wthn the regementary perod.
Prepare a moton to decare |amero n defaut. (4%)
PART II
XI
TRUE "r -ALSE. Answer TRUE f the statement s true, or FALSE f the statement s
fase. Expan your answer n not more than two (2) sentences. (5%)
1. The duty of a awyer to hs cent s more paramount than hs duty to the
Court.
2. It s ethca for a awyer to advse hs cent to enter a pea of guty n a
crmna case f the awyer s personay convnced that he cannot wn the
case for hs cent.
3. There s no presumpton of nnocence or mprobabty of wrongdong n an
attorneys favor when he deas wth hs cent concurrenty as awyer and as
busnessman.
4. The satsfacton of a |udgment debt does not, by tsef, bar or extngush the
attorneys ens, except when there has been a waver by the awyer, as
shown by hs conduct or hs passve omsson.
5. A companon or empoyee of the |udge who ves n the |udges househod s
ncuded n the denton of the "|udges famy."
XII
Wrte the compete text of the attorneys oath. (5%)
XIII
Atty. Hyde, a bacheor, practces aw n the Phppnes. On ong weekends, he dates
beautfu actresses n Hong Kong. Krstne, a neghbor n the Phppnes, ed wth
the Supreme Court an admnstratve compant aganst the awyer because of sex
vdeos upoaded through the nternet showng Atty. Hydes sordd daance wth the
actresses n Hong Kong.
In hs answer, Atty. Hyde (1) questons the ega personaty and nterest of Krstne
to nsttute the compant and (2) nssts that he s a bacheor and the sex vdeos
reate to hs prvate fe whch s outsde pubc scrutny and have nothng to do wth
hs aw practce.
Rue on the vadty of Atty. Hydes defenses. (5%)
XI/
Maryn, a wdow, engaged the servces of Atty. Romanto n order to avert the
forecosure of severa parces of and mortgaged by her ate husband to severa
credtors. Atty. Romanto advsed the wdow to execute n hs favor deeds of sae
over the propertes, so that he coud se them and generate funds to pay her
credtors. The wdow agreed. Atty. Romanto dd not se the propertes, but pad the
mortgage credtors wth hs own funds, and had the and ttes regstered n hs
name. Atty. Romanto succeeds n avertng the forecosure. Is he admnstratvey
abe? Reasons. (3%)
X/
Atty. Wmar represented Beatrz n a partton case among hers, and won. When
Wmar demanded payment of attorneys fees, Beatrz refused to pay. Wmar sued
Beatrz for the unpad attorneys fees and obtaned a favorabe |udgment.
Thereafter, Beatrz ed an admnstratve compant aganst Wmar camng that
he ed when he stated n hs cam for attorneys fees that the sub|ect of the
partton case nvoved the entre estate of the deceased when, n fact, t covered
ony 50% thereof. Wmar set up the defenses that (1) Beatrz ed the compant
ony to deay the executon of the |udgment orderng her to pay attorneys fees and
(2) Beatrz engaged n forum-shoppng. Are the defenses of Atty. Wmar tenabe?
Expan. (4%)
X/I
Atty. Smeon persuaded Armando, Bengno and Craco to nvest n a busness
venture that ater went bankrupt. Armando, Bengno and Craco charged Atty.
Smeon wth estafa. Smutaneousy, they ed an admnstratve compant aganst
the awyer wth the Supreme Court.
1. If Smeon s convcted of estafa, w he be dsbarred? Expan. (3%)
2. If Smeon s acqutted of the estafa charge, w the dsbarment compant be
dsmssed? Expan. (3%)
X/II
When Atty. Romuado ntervewed hs cent, Vcente, who s accused of murder, the
atter confessed that he ked the vctm n cod bood. Vcente aso sad that when
he takes the wtness stand, he w deny havng done so. Is Atty. Romuado obged,
under hs oath as awyer, to nform the |udge that |a| hs cent s guty and |b| hs
cent w commt per|ury on the wtness stand? Expan. (4%)
X/III
On a Saturday, Atty. Paterno ed a petton for a wrt of amparo wth the Court of
Appeas (CA). Impeed by the urgency for the ssuance of the wrt, Atty. Paterno
persuaded hs frend, CA |ustce |ohnny de a Cruz, to ssue the wrt of amparo and
the notce of hearng wthout the sgnature of the two other |ustces-members of the
CA dvson. Are Atty. Paterno and |ustce de a Cruz guty of unethca conduct?
Expan. (4%)
XIX
Romeo Hacendero wants to authorze |uanto Ahente to se, on cash bass, for a
prce not ower than P500,000.00, a parce of and, stuated n Muoz, Nueva Ec|a,
and covered by Transfer Certcate of Tte No. 123456, n the Regster of Deeds of
Nueva Ec|a. Prepare a Speca Power of Attorney grantng such authorty. (4%)
XX
From the amdavts and the death certcate submtted durng the premnary
nvestgaton, the foowng facts are estabshed: At 6:00 ocock n the evenng of
September 13, 2009, at the corner of Daptan and Dos Castas Sts., Sampaoc,
Mana, Edgar Bastonero, alia# Bugoy, and Caros Trador, alia# Pog, accosted
|ohnny Escoar, a student, and demanded the atters ceuar phone and wrst
watch. Because |ohnny ressted, Bastonero pued out a knfe and stabbed |ohnny
severa tmes n the chest, causng nstantaneous death. Bastonero and Trador then
ran away. The amdavts were executed by Wam Tan and Henry Uy, cassmates of
|ohnny, who wtnessed the entre ncdent. The death certcate was ssued by Dr.
|ose Cabra who conducted the autopsy on |ohnny.
As Assstant Cty Prosecutor n Mana, prepare the approprate crmna nformaton
to be ed n court. (10%)
$NOTHING FOLLOWS$
2000 Bar Exams1 Ques!"#s !# Le$a% E&!'s a#+ Pra'!'a% Exer'!ses
PART I
I
Prepare the foowng:
a. Vercaton and Certcaton aganst Forum Shoppng. (5%)
b. Petton for Letters Rogatory. (5%)
II
Enumerate the nstances when a Notary Pubc may authentcate documents
wthout requrng the physca presence of the sgnatores. (2%)
III
Atty. Y, n hs Moton for Reconsderaton of the Decson rendered by the Natona
Labor Reatons Commsson (NLRC), aeged that there was connvance of the NLRC
Commssoners wth Atty. X for monetary consderatons n arrvng at the
questoned Decson. He nsuted the Commssoners for ther neptness n
apprecatng the facts as borne by the evdence presented. Atty. X es an
admnstratve compant aganst Atty. Y for usng abusve anguage.
Atty. Y posts that as awyer for the down-trodden aborers, he s entted to express
hs rghteous anger aganst the Commssoners for havng cheated them; that hs
aegatons n the Moton for Reconsderaton are absoutey prveged; and that
proscrpton aganst the use of abusve anguage does not cover peadngs ed wth
the NLRC, as t s not a court, nor are any of ts Commssoners |ustces or |udges. Is
Atty. Y admnstratvey abe under the Code of Professona Responsbty? Expan.
(3%)
I/
Atty. XX rented a house of hs cousn || on a month-tomonth bass. He eft for a 6-
month study n |apan wthout payng hs rentas and eectrc bs whe he was away
despte ||s repeated demands. Upon hs return to the Phppnes, Atty. XX st
faed to sette hs renta arrearages and eectrc bs, drawng || to e an
admnstratve compant aganst Atty. XX.
Atty. XX contended that hs non-payment of rentas and bs to hs cousn s a
persona matter whch has no bearng on hs professon as a awyer and, therefore,
he dd not voate the Code of Professona Responsbty.
a. Is Atty. XXs contenton n order? Expan. (3%)
b. Cte two (2) specc Rues n the Code of Professona Responsbty, voaton
of whch sub|ects a awyer to dscpnary acton by the Supreme Court
athough the acts companed of are purey persona or prvate actvtes that
do not nvove the practce of aw. (2%)
/
When s professona ncompetence a ground for dsbarment under the Rues of
Court? Expan. (3%)
/I
Atty. Monca Santos-Cruz regstered the rm name "Santos- Cruz Law Omce" wth
the Department of Trade and Industry as a snge propretorshp. In her statonery,
she prnted the names of her husband and a frend who are both non-awyers as her
senor partners n ght of ther nvestments n the rm. She aowed her husband to
gve out cang cards bearng hs name as senor partner of the rm and to appear
n courts to move for postponements.
Dd Atty. Santos-Cruz voate the Code of Professona Responsbty? Why? (3%)
/II
Atty. Canddo commented n a newspaper that the decson of the Court of Appeas
was nuenced by a powerfu reatve of the prevang party. The appeate court
found hm guty of ndrect contempt. Does ths nvove mora turptude? Expan.
(3%)
/III
For servces to be rendered by Atty. Demonco as counse for Wag Yu n a case
nvovng 5,000 square meters (sq.m.) of and, the two agreed on a success fee of
P50,000 pus 500 sq.m. of the and.
The tra court rendered |udgment n favor of Wag Yu whch became na and
executory. After recevng P50,000, Atty. Demonco demanded the transfer to hm
of the promsed 500 sq.m. Instead of compyng, Wag Yu ed an admnstratve
compant chargng Atty. Demonco wth voaton of the Code of Professona
Responsbty and Artce 1491(5) of the Cv Code for demandng the devery of a
porton of the and sub|ect of tgaton.
Is Atty. Demonco abe under the Code of Professona Responsbty and the Cv
Code? Expan. (5%)
IX
Is the defense of Atty. R n a dsbarment compant for mmoraty ed by hs
paramour P that P s n %ari delicto matera or a ground for exoneraton? Expan.
(3%)
X
Ason hred Atty. X as hs counse n hs compant for Coecton of Sum of Money.
Upon recept on March 20, 2009 of the Notce of Pre-Tra whch was schedued on
May 24, 2009, Ason noted that at that tme he woud st be n a two-week
conference n St. Petersburg. He thus asked Atty. X to represent hm durng the pre-
tra.
Prepare the necessary document that Atty. X shoud submt to the court to enabe
hm to represent Ason durng Pre-Tra. (5%)
XI
After passng the Phppne Bar n 1986, Atty. Rchards practced aw unt 1996
when he mgrated to Austraa where he subsequenty became an Austraan ctzen
n 2000. As he kept abreast of ega deveopments, pettoner earned about the
Ctzenshp Retenton and Re-Acquston Act of 2003 (Repubc Act No. 9225),
pursuant to whch he reacqured hs Phppne ctzenshp n 2006. He took hs oath
of aegance as a Fpno ctzen at the Phppne embassy n Canberra, Austraa.
|aded by the ad back fe n the outback, he returned to the Phppnes n
December 2008. After the hodays, he estabshed hs own aw omce and resumed
hs practce of aw.
Months ater, a concerned woman who had secured copes of Atty. Rchards
naturazaton papers wth consuar authentcaton, ed wth the Supreme Court an
anonymous compant aganst hm< for ega practce of aw.
a. May the Supreme Court act upon the compant ed by an anonymous
person? Why or why not? (3%)
b. Is respondent entted to resume the practce of aw? Expan. (5%)
PART II
XII
Rebeccas compant was ramed to the saa of |udge A. Rebecca s a daughter of
|udge As wfe by a prevous marrage. Ths s known to the defendant who does not,
however, e a moton to nhbt the |udge.
Is the |udge |usted n not nhbtng hmsef from the case? (3%)
XIII
Reactng to newspaper artces and verba compants on aeged rampant sae of
Temporary Restranng Orders by |udge X, the Supreme Court ordered the conduct
of a dscreet nvestgaton by the Omce of the Court Admnstrator.
|udges n the pace where |udge X s assgned conrmed the compants.
a. What admnstratve charge/s may be eveed aganst |udge X? Expan. (3%)
b. What defense/s can |udge X rase n avodance of any abty? (2%)
XI/
Farda engaged the servces of Atty. Garudo to represent her n a compant for
damages. The two agreed that a expenses ncurred n connecton wth the case
woud rst be shoudered by Atty. Garudo and he woud be pad for hs ega servces
and rembursed for a expenses whch he had advanced out of whatever Farda may
receve upon the termnaton of the case. What knd of contract s ths? (2%)
X/
Rco, an amabe, socabe awyer, owns a share n Marna Gof Cub, easy one of
the more posh gof courses. He reshes hostng partes for government omcas and
members of the bench.
One day, he had a chance meetng wth a |udge n the Intramuros gof course. The
two ready got aong we and had snce been reguary payng gof together at the
Marna Gof Cub.
a. If Atty. Rco does not dscuss cases wth members of the bench durng partes
and gof games, s he voatng the Code of Professona Responsbty?
Expan. (3%)
b. How about the members of the bench who grace the partes of Rco, are they
voatng the Code of |udca Conduct? Expan. (3%)
X/I
|udge L s assgned n Turte Provnce. Hs brother ran for Governor n Rabbt
Provnce. Durng the eecton perod ths year, |udge L took a eave of absence to
hep hs brother conceptuaze the campagn strategy. He even contrbuted a
modest amount to the campagn ktty and hosted unches and dnners.
Dd |udge L ncur admnstratve and/or crmna abty? Expan. (3%)
X/II
|udge X was nvted to be a guest speaker durng the annua conventon of a prvate
organzaton whch was covered by meda. Snce he was gven the berty to speak
on any topc, he dscussed the recent decson of the Supreme Court decarng that
the Presdent s not, under the Consttuton, proscrbed from appontng a Chef
|ustce wthn two months before the eecton.
In hs speech, the |udge demurred to the Supreme Court decson and even stressed
that the decson s a serous voaton of the Consttuton.
a. Dd |udge X ncur any admnstratve abty? Expan. (3%)
b. If nstead of ventatng hs opnon before the prvate organzaton, |udge X
ncorporated t, as an o&iter dictum' n one of hs decsons, dd he ncur any
admnstratve abty? Expan. (3%)
X/III
a. Draft the accusatory porton of an Informaton for RAPE of a 13-year od chd
commtted by her materna unce n broad dayght at the back of a church.
(5%)
b. Draft a Petton for the Issuance of a Wrt of Ha&ea# Data. (5%)
c. Draft a Petton for Ba. (5%)
XIX
|udges of the rst and second eve courts are aowed to receve assstance from
the oca government unts where they are statoned. The assstance coud be n the
form of equpment or aowance.
|ustces at the Court of Appeas n the regona statons n the Vsayas and Mndanao
are not necessary resdents there, hence, they ncur addtona expenses for ther
accommodatons.
Pass on the proprety of the |ustces recept of assstance/aowance from the oca
governments. (3%)
XX
Arabea ed a compant for dsbarment aganst her estranged husband Atty. P on
the ground of mmoraty and use of ega drugs.
After Arabea presented evdence and rested her case before the Investgatng
Commssoner of the IBP Commttee on Bar Dscpne, she ed an Amdavt of
Desstance and moton to dsmss the compant, she and her husband havng
reconced for the sake of ther chdren.
You are the Investgatng Commssoner of the IBP. Bearng n mnd that the famy s
a soca nsttuton whch the State s duty-bound to preserve, what w be your
acton on Arabeas moton to dsmss the compant? (3%)
XXI
On the proposa of |udge G, whch was accepted, he and hs famy donated a ot to
the cty of Gyoza on the condton that a pubc transport termna woud be
constructed thereon. The donaton was accepted and the condton was comped
wth.
The famy-owned tracts of and n the vcnty of the donated ot suddeny
apprecated n vaue and became commercay vabe as n fact a restaurant and a
hote were soon after but.
Dd the |udge commt any voaton of the Code of |udca Conduct? (2%)
XXII
A retred member of the |udcary s now engaged n prvate practce. In attendng
hearngs, he uses hs car bearng hs protoco pate whch was ssued to hm whe
st n the servce. Pass on the ethca aspect of the |udges use of the protoco
pate. (2%)
NOTHING FOLLOWS.