Académique Documents
Professionnel Documents
Culture Documents
26 September 2010
2 P.M. 5 P.M.
INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to
XI) contained in six (6) pages; and Part II with eleven (11) questions (numbered XII to
XXII), contained in five (5) pages, for a total number of eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the
booklet.
Begin your answer to each numbered question on a separate page; an answer to a subquestion/s under the same number may be written continuously on the same page and
succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).
X
Allison hired Atty. X as his counsel in his complaint for Collection of Sum of Money. Upon
receipt on March 20, 2009 of the Notice of Pre-Trial which was scheduled on May 24, 2009,
Allison noted that at that time he would still be in a two-week conference in St. Petersburg.
He thus asked Atty. X to represent him during the pre-trial.
Prepare the necessary document that Atty. X should submit to the court to enable him to
represent Allison during Pre-Trial. (5%)
XI
After passing the Philippine Bar in 1986, Atty. Richards practiced law until 1996 when he
migrated to Australia where he subsequently became an Australian citizen in 2000. As he
kept abreast of legal developments, petitioner learned about the Citizenship Retention and
Re-Acquisition Act of 2003 (Republic Act No. 9225), pursuant to which he reacquired his
Philippine citizenship in 2006. He took his oath of allegiance as a Filipino citizen at the
Philippine embassy in Canberra, Australia. Jaded by the laid back life in the outback, he
returned to the Philippines in December 2008. After the holidays, he established his own
law office and resumed his practice of law.
Months later, a concerned woman who had secured copies of Atty. Richards naturalization
papers with consular authentication, filed with the Supreme Court an anonymous complaint
against him< for illegal practice of law.
a. May the Supreme Court act upon the complaint filed by an anonymous person? Why
or why not? (3%)
b. Is respondent entitled to resume the practice of law? Explain. (5%)
PART II
XII
Rebeccas complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge As
wife by a previous marriage. This is known to the defendant who does not, however, file a
motion to inhibit the Judge.
Is the Judge justified in not inhibiting himself from the case? (3%)
XIII
Reacting to newspaper articles and verbal complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court ordered the conduct of a discreet
investigation by the Office of the Court Administrator.
Identification Cards and are required to secure an affidavit of loss before they can be issued a new
one. She claimed that this would be very lucrative for you, as more than 30 students lose their
Identification Cards every month. However, the secretary wants you to give her one-half of your
earnings therefrom.
Will you agree to the arrangement? Explain. (5%)
-VJudge Horacio would usually go to the cockpits on Saturdays for relaxation, as the owner of the
cockpit is a friend of his. He also goes to the casino once a week to accompany his wife who loves to
play the slot machines. Because of this, Judge Horacio was administratively charged. When asked to
explain, he said that although he goes to these places, he only watches and does not place any bets.
Is his explanation tenable? Explain. (5%)
- VI 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 that if your rates are lower, he would engage your services.
Will you lower your rates in order to get the client? Explain. (5%)
- VII (1.) Judge Segotier is a member of Phi Nu Phi Fraternity. Atty. Nonato filed a motion to disqualify
Judge Segotier on the ground that the counsel for the opposing party is also a member of the Phi Nu
Phi Fraternity. Judge Segotier denied the motion. Comment on his ruling. (5%)
(2.) In an intestate proceeding, a petition for the issuance of letters of administration in favor of a
Regional Trial Court Judge was filed by one of the heirs. Another heir opposed the petition on the
ground that the judge is disqualified to become an administrator of the estate as he is the brother-inlaw of the deceased. Rule on the petition. (5%)
- VIII Due to the number of cases handled by Atty. Cesar, he failed to file a notice of change of address with
the Court of Appeals. Hence, he was not able to file an appellants brief and consequently, the case
was dismissed. Aggrieved, Atty. Cesar filed a motion for reconsideration of the resolution dismissing
the appeal and to set aside the entry of judgment on the ground that he already indicated in his
Urgent Motion for Extension of Time to File Appeal Brief his new address and that his failure to file a
notice of change of address is an excusable negligence.
Will the motion prosper? Explain. (5%)
- IX -
Darius is charged with the crime of murder. He sought Atty. Francias help and assured the latter that
he did not commit the crime. Atty. Francia agreed to represent him in court. During the trial, the
prosecution presented several witnesses whose testimonies convinced Atty. Francia that her client is
guilty. She confronted his client who eventually admitted that he indeed committed the crime. In view
of his admission, Atty. Francia decided to withdraw from the case.
Should Atty. Francia be allowed to do so? Explain. (5%)
-XAtty. Yabang was suspended as a member of the Bar for a period of one (1) year. During the period of
suspension, he was permitted by his law firm to continue working in their office, drafting and
preparing pleadings and other legal documents but was not allowed to come into direct contact with
the firms clients. Atty. Yabang was subsequently sued for illegal practice of law.
Would the case prosper? Explain. (5%)
- XI 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? Explain. (5%)
- XII Pending before the sala of Judge Magbag is the case of CDG versus JQT. The legal counsel of JQT is
Atty. Ocsing who happens to be the brother of Atty. Ferreras, a friend of Judge Magbag. While the case
was still being heard, Atty. Ferreras and his wife celebrated their wedding anniversary. They invited
their friends and family to a dinner party at their house in Forbes Park. Judge Magbag attended the
party and was seen conversing with Atty. Ocsing while they were eating at the same table.
Comment on the propriety of Judge Magbags act. (5%)
- XIII Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate of Title No. 12345
located in Sampaloc, Metro Manila. Gerry decided to sell the property but did not have the time to look
for a buyer. He then designated his brother, Jon, to look for a buyer and negotiate the sale. Jon met
Angelo Santos who expressed his interest to buy the lot. Angelo agreed to pay P1 Million for the
property on September 26, 2005.
a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as principal, in favor of his
brother Jon, as agent, authorizing the latter to sell the property in favor of Angelo Santos. (7%)
b) Draft the Deed of Sale of Real Property. (7%)