Marjolyn G.

Dijino
Assignment: Problem Areas in Legal Ethics

March 3, 2015

2014
BAR EXAM QUESTIONS
in

EGAL

THICS

Submitted to:
Atty. Karissa Faye R. Tolentino

I.
Judge A is a close friend of Governor G. On several occasions, Judge A would borrow vehicles from the
Office of the Governor to travel to his judicial station. Judge As actuation: (1%)
(A) violates the Canon on Propriety
(B) creates an appearance of an improper connection with the executive branch
(C) is downright unethical
ANSWER:
B. creates an appearance of an improper connection with the executive branch
II.
R is a retained counsel of ABC Bank-Ermita Branch. One day, his Balikbayan compadre B, consulted him
about his unclaimed deposits with the said branch of ABC Bank, which the bank had refused to give to
him claiming that the account had become dormant. R agreed to file a case against the bank with the
Regional Trial Court (RTC) of Manila. B lost the case, but upon the advice of R, he no longer appealed the
decision. B later discovered that R was the retained counsel of ABC Bank-Ermita Branch. Does B have
any remedy? Discuss the legal and ethical implications of the problem. (4%)
ANSWER:
Yes, B has the remedy of annulment of judgment based on the ground of fraud. Since B did not appeal the
decision of the Regional Trial Court as advised by his counsel R also the retained counsel of respondent
bank.
R being the retained counsel of respondent bank violated The Code of Professional Responsibility when he
agreed to file a case against respondent bank which he was a retained counsel and not telling B. This
clearly shows conflict of interest.
III.
The Code of Professional Responsibility is the code of conduct for: (1%)
(A) members of the Bench
(B) members of the Bar
(C) members of the Bench and the Bar
ANSWER:
B. members of the Bar
IV.
A is accused of robbery in a complaint filed by B. A sought free legal assistance from the Public
Attorneys Office (PAO) and Atty. C was assigned to handle his case. After reviewing the facts as stated
in the complaint and as narrated by A, Atty. C is convinced that A is guilty. (4%)
(A) May Atty. C refuse to handle the defense of A and ask to be relieved? Explain fully.

(B) In problem (A), if the lawyer is counsel de parte for the accused and he learns later after accepting
the case and while trial is ongoing that his client was indeed the perpetrator of the crime, may the
lawyer withdraw his appearance from the case? Why or why not?

ANSWER:
A.) No, Attorney C cannot refuse to handle the defense of A and ask to be relieved. The Code of
Professional Responsibility states that a lawyer shall not refuse to represent a person because of his
opinion regarding the guilt of said person.
B.) No, a counsel de parte cannot withdraw as counsel in a criminal case even after knowing the fact that
his client is the perpetrator of because it is the lawyers duty to render effective legal service and protect
his clients rights.
V.
The rendition of free legal service is a lawyers: (1%)
(A) moral duty
(B) social obligation
(C) legal mandate
ANSWER:
B. legal mandate
VI.
Atty. D was required by Judge H of the Regional Trial Court (RTC) of Manila to show cause why he
should not be punished for contempt of court for shouting invectives at the opposing counsel and
harassing his witness. Assuming that there was sufficient cause or ground, may Judge H suspend Atty.
D from the practice of law? If Judge H finds that the actuations of Atty. D are grossly unethical and
unbecoming of a member of the bar, may Judge H disbar Atty. D instead? Explain your answer. (5%)
ANSWER:
Yes. Judge H can suspend Atty. D from the practice of law. Rule 139-B Section 16 of the Rules of Court
provides that the Court of Appeals or the Regional Trial Court may suspend an attorney from practice for
any causes named in Sec. 27 Rule 138 of the Rules of Court. However, Judge H has no power to disbar
Atty. D for grossly unethical and unbecoming conduct because such power is only vested on the Supreme
Court as provided for by Section 27 of Rule 138 of the Rules of Court which states that a member of the
bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for a willful disobedience of any lawful order of a
superior court, among others. The rule clearly provides that it is the Supreme Court who has the power to
disbar a member of the bar and not the Regional Trial Court Judge. Hence, the judge of the Regional Trial
Court is only allowed to suspend a member of the bar but not to disbar because this is an exclusive power
of the Supreme Court.

VII.
The court ordered Atty. Z to testify as a witness for his client in the very case he is handling, but he
refused on the ground that it would violate the rule on privileged communication. Atty. Z is guilty of:
(1%)
(A) direct contempt
(B) indirect contempt
(C) violation of his duty to the court
ANSWER:
C. violation of his duty to the court
VIII.
C and D are law partners using the firm name C and D Attorneys-atLaw. In an administrative case filed
against C, the Supreme Court (SC) found that C was not entitled to admission to the practice of law in
the Philippines and ordered his name stricken-off from the Roll of Attorneys. As a result, C and D
changed their firm name to Law Office of D Attorneyat-Law, C - Counsellor, with C handling purely
counselling and office work while D is the law practitioner. Are C and D liable for contempt of court?
Explain your answer. (5%)
ANSWER:
No. C and D are not liable for contempt of court. The Rules of Court provides that a lawyer may be
punished for contempt of Court for misbehavior as an officer of the Court, disobedience of or resistance to
a lawful order of the court, abuse of or unlawful interference with the judicial proceedings, among others.
Considering the fact that C followed the order of the Court by removing his title attorney in the
partnership with Atty. D and handles only purely counseling and office work is tantamount to lawful
obedience to the order of the Court and cannot be considered as contemptuous act before the court.
There C and D cannot be held liable for contempt.

IX.
Judge A accepted a gift consisting of assorted canned goods and other grocery items from his compadre
whose friend has a pending case with him. He accepted the gift just so as not to embarrass his
compadre. When his compadre left his chambers, he asked his secretary to donate the gift he received
to the victims of Typhoon Yolanda.
Did the judge cross the ethical line? Explain your answer. (5%)
ANSWER:
No. Judge A did not cross the ethical line of a judge. Section 7 (d) of RA 6713 allows the acceptance and
retention by a public official or employee a gift of nominal value tendered and received as a souvenir of
mark of courtesy. The gift received by Judge A are only grocery items which is of minimal value and he also
accepted it just to avoid his compadre from being embarrass. More so, Judge A did not benefit from the
gift because he donates it to Typhoon Yolanda victim. There Judge A is not liable of violating the Code of
Judicial Conduct for being unethical.
X.
Atty. M is a partner in the law firm OMP & Associates. C, a former classmate of Atty. M engaged the
legal services of Atty. M to handle his appeal to the Court of Appeals (CA) from an adverse decision of

the Regional Trial Court (RTC) in his annulment case. After the notice to file brief was issued by the CA,
Atty. M met an accident which incapacitated him from further engaging in law practice. May Atty. P, his
partner in the law firm, file the required appeal brief for C? Explain your answer. (5%)
ANSWER:
Yes. Atty. P, his partner in the law firm may file the required appeal brief provided that C agreed to engage
his services. Rule 18.01 of the Code of Professional Responsibility provides that a lawyer shall not
undertake a legal service which he knows that he is not qualified to render. However, he may render such
service if, with the consent of his client. Atty P, being the partner of Atty M, who is mentally and physically
incapable of continuing his service to C, may file the required appeal brief to the Court of Appeals.
XI.
A judge who insults counsel and shouts invectives at a litigant is guilty of: (1%)
(A) serious misconduct
(B) committing acts unbecoming of a judge
(C) manifest bias and partiality
ANSWER:
B. Committing acts unbecoming of a judge
XII.
A inherited a parcel of land situated in Batasan Hills which is occupied by informal settlers. He wants to
eject the occupants, but he has no financial means to pursue the ejectment case. He contracted the
services of Atty. B, who agreed to defray all the expenses of the suit on the condition that he will be
paid one-half () of the property to be recovered as his compensation. What is this kind of attorneys
fees? Can Atty. B enforce this contract against A? What are the respective remedies relative to the
collection of attorneys fees, if any, of A and Atty. B against each other? (5%)
ANSWER:
The attorney's fees form part of what is considered to be a champertous contract.
No. Such contract containing reimbursement of litigation expenses paid by the the lawyer is against
public policy, especially if the lawyer has agreed to carry on the action at his expense in consideration of
some bargain to have a part of the thing in dispute. It violates the fiduciary relationship between the
lawyer and his client.
The lawyer may still collect attorney's fees based on quantum meruit - meaning, "as much as he
deserves". The doctrine of quantum meruit is a device to prevent undue enrichment based on the
equitable postulate that it is unjust for a person to retain benefit without paying for it. The payment
Will be contingent after the case is decided. (Spouses Cadavedo v. Lacaya, G.R. No. 173188, January 15,
2014)
XIII.
M engaged the services of Atty. D to prosecute his annulment of marriage case in the Regional Trial
Court (RTC). After a long-drawn trial, Atty. D was able to secure a favourable judgment from the court.
Unfortunately, M failed to pay in full the stipulated attorneys fees of Atty. D. How can Atty. D collect
his fees from M? Discuss fully. (4%)

ANSWER:
The practice of law is a profession and not a money-making trade does not operate to deny a lawyer the
right to attorneys fees for his professional fees for his professional services. Hence, the Code of
Professional Responsibility allows a lawyer to resort to a judicial action Recovery of Attorneys from a
client in this case to prevent imposition, injustice or fraud.
An attorney-client relationship can be created by implied agreement as when the attorney actually
rendered legal services for a person. The obligation of such a person to pay attorneys fees is based on the
law of contracts concept of facio ut des (I do and you give) which is derived from from the principle that
no one shall unjustly enrich himself at the expense of another. (Corpus vs. Court of Appeals)
XIV.
A person named and appointed by the court to defend an absentee defendant in the suit in which the
appointment is made is an: (1%)
(A) attorney-in-fact
(B) attorney ad hoc
(C) attorney de oficio
ANSWER:
C. Attorney de officio
XV.
Will a lawyer violate the Code of Professional Responsibility if he forms a partnership with professionals
of other disciplines like doctors, engineers, architects or accountants? Explain your answer. (4%)
ANSWER:
Yes. Law practice is imbued with public interest. As such, it must be done only through people who by
reason of academic aptitude, legal training and moral fitness are entitled thereto. By forming a
partnership with non-lawyers, a lawyer violates the Code of Professional Responsibility provisions on
abetting to unlawful practice of law as it is likely that he will share any income derived from law practice
to his non-lawyer partners.

XVI.
A person who has been refused admission to the bar by order of the Supreme Court but nonetheless
attempts to practice law is guilty of: (1%)
(A) direct contempt
(B) indirect contempt
(C) criminal contempt
ANSWER:
B. indirect contempt
XVII.
Judge Clint Braso is hearing a case between Mr. Timothy and Khristopher Company, a company where
his wife used to work as one of its Junior Executives for several years. Doubting the impartiality of the
Judge, Mr. Timothy filed a motion to inhibit Judge Clint Braso. Judge Clint Braso refused on the ground
that his wife has long resigned from the company. Decide. (4%)

ANSWER:
The refusal of Judge Clint Braso on the ground that his wife was has long resigned from the company is
justified. Under Canon 3 section 5(c) of Code of Judicial Conduct provides the disqualification of a judge in
participating in any proceeding if a member of his or her family has an economic interest in the outcome
of the matter in controversy. In the case at bar, the wife of judge Braso was no longer an employee of
Khristopher Company, bias and lack of objectivity as a ground for disqualification of a judge has to be
proved. Mere suspicion that a judge is partial to one of the parties is not enough; there should be
evidence to prove the charge they cannot be presumed. Therefore the said judge cannot be disqualified
from participating the proceeding
XVIII.
The Integrated Bar of the Philippines (IBP) may intervene in a case involving a matter of public law or
professional concern as: (1%)
(A) friend of the court
(B) amicus par excellence
(C) amicus curiae
ANSWER:
B. amicus par excellence
XIX.
After the pre-trial of a civil case for replevin, Judge D advised Bs counsel to settle the case because
according to Judge D, his initial assessment of the case shows that Bs evidence is weak. (4%)
(A) Did Judge D commit an act of impropriety? Explain.
(B) What remedy or remedies may be taken by Bs lawyer against Judge D? Discuss fully.
ANSWER:
A) Yes. Judge D committed an act of impropriety, under canon 4 section 1 of code of judicial conduct
provides that judges shall avoid impropriety and the appearance in all their activities. In the case at bar,
giving advice to Bs counsel base on his initial assessment of the case shows that Bs evidence is weak is
improper might as well in is also improper for the judge to meet privately with the accused without the
presence of the complainant and his privately meeting with a litigant in a resort undermines the peoples
faith and confidence in the judiciary fraternizing with litigants tarnishes this appearance.
B) The remedy is to file for Writ of prohibition, prohibiting the said judge from participating the
proceeding for being impropriety. It is a well settled rule that the manner and attitude of a judge are
crucial to everyone concerned. He should avoid such action as would subject him to suspension of interest
in a case in his court. He should therefore do honor to his position not only by rendering just, correct and
impartial decisions but doing so in a manner free from any suspicion as to as to their fairness and
impartiality and as to his integrity.
XX.
B hired Atty. Z to file a replevin case against C for an agreed acceptance fee of P30,000.00 which was
evidenced by a written contract. After the complaint was filed by Atty. Z, B terminated his services and
hired a new lawyer for the same amount of attorneys fees. How much attorneys fees is Atty. Z entitled
to? (4%)

ANSWER:
Atty. Z is entitled to 30,000 attorneys fee, as what has been agreed in their contract despite B terminated
his service and hired a new lawyer. It is well settled rule that a contract for professional service becomes
the law of the parties when stipulations therein are not contrary to law, good morals, good customs,
public policy or public order and in the event of the lawyers dismissal by the client before the conclusion
of the litigation without a justifiable cause, the attorney may be entitled the full amount of the fees as
stipulated in the written agreement. Therefore Atty. Z is entitled for 30,000 as his attorneys fee.
XXI.
Justice B of the Court of Appeals was a former Regional Trial Court Judge. A case which he heard as a
trial judge was raffled off to him. The appellant sough his disqualification from the case but he
refused on the ground that he was not the judge who decided the case as he was already promoted to
the appellate court before he could decide the case. Was the refusal of Justice B to recuse from the
case proper? Explain your answer. (5%)
ANSWER:
Yes. Refusal of Justice B to recuse from the case is proper, justice B is not the one who render the
previous judgment of the said case however it was penned by another judge to which renders decision
to the case. The disqualification to Justice B has no legal principles nor basis to hinder himself to inhibit
from deciding the case. Therefore it is a crystal clear to which he can render judgment, and it is proper
from refusal of justice B to recuse the case. (Sandoval vs. CA)
XXII.
(4%)
(A) May a lawyer collect fees for services rendered to his client despite the absence of an
agreement to pay attorneys fees?
(B) (B) In the absence of a contract for the payment of attorneys fees, what factor/s may be
considered in fixing the amount of attorneys fees?
(C)
ANSWER:
(A) A lawyer is entitled to be compensated by his client even in the absence of an agreement to
pay, it is based on the doctrine of facias ut des ( I do and you gave) but the compensation must be in
the ground on services that has been rendered by the council. Acquiescence by a client in his attorneys
conduct may take the place of request to act, provided that the case was such that the client might
reasonably know that he would be expected to pay the services, therefore even in the absence of an
agreement the client is bound to pay his council based on just fees.
(B) In the absence of a fee arrangement, the lawyer is paid on a quantum meruit basis. The
factors to be taken into consideration in determining the amount are:
1. The amount and character of the services rendered;
2. The labor, time and trouble involved;
3. The nature and importance of the litigation or business in which the services were
rendered;
4. The amount of money or the value of he property affected by the controversy involved
in the employment;
5. The skill and experience called for in the performance of the services;
6. The professional character and social standing of attorney;
7. The result secured; and

8. Whether or not the fee is absolute or contingent.

XXIII.
(4%)
(A) May a client hire additional counsel as collaborating counsel over and above the objection of
the original counsel?
(B) (B) If the client insists, may the original counsel withdraw from the case, and how?
ANSWER:
A. Yes. It is the prerogative of the client to hire a collaborating council as to the protection of his
interest, thus the collaborating council should communicate to the original council before his
appearance to the case which is ethical when a lawyer associates to another in a pending litigation, if it
is objectionable to the original counsel he should decline the association of the said colleague, but if the
lawyer first retained is relieved, he may come into the case. Therefore a client has the right to hire a
collaborating council for the protection of his interest.
B. Yes. Lawyer can validly withdraw as counsel base on the canon 22 rule 22.01 b when the client insists
that the lawyer pursue conduct violative of these canons and rules. But the lawyer should file a petition
for withdrawal in the court and serve a copy of the petition to his client and adverse party at least three
days before the date set for hearing otherwise the court will not allow his withdrawal and consider his
petition as a mere scrap of paper, the reason behind this is to secure the client to have services of
another council.

XXIV.
(A) May an attorney talk to his witnesses before and during the trial? Explain.
(B) In case of postponement of the trial, whose decision should prevail the client or his attorney?
Explain the governing rule. (4%)

ANSWER:
A. No. An attorney cannot talk to his witnesses before and during trial, thus the code of
professional and responsibility Rule 12.05 - A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness is still under examination. It is for the
avoidance of biases between the attorney and to its witness and for the interest of justice.

B. It is his attorneys decision will prevail. In the matter of law a lawyer shall not allow his client to
dictate on how he handle the case it is for the reason that the lawyer is responsible to the
questionable transactions for bringing suits, or for having questionable defenses, if the lawyer
will just follow the instruction of his client then the lawyer will not be competent to answers the
questions to the other party.
XXV.
Judge A has an illicit relationship with B, his Branch Clerk of Court. C, the wife of Judge A, discovered
the illicit affair and consulted a lawyer to vindicate her violated marital rights. If you were that lawyer,

what would you advice C, and if she agrees and asks you to proceed to take action, what is the legal
procedure that you should follow? Discuss fully. (4%)
ANSWER:
As a counsel of a I will file a criminal case against his husband who is a judge, in the grounds of
violence against women under Republic act 9262 for physiological violence or concubinage under the
revised penal code or any other crime involving moral turpitude. If such judge will be convicted the
judge himself shown that he is unfit to discharge his judicial function or that he is no longer of good
moral character.
XXVI.
(6%)
(A) If an attorney has been granted by his client full authority to enter into an amicable settlement with
the other party, may the client later on refuse to honor the amicable settlement forged by his attorney?
Explain.
(B) In such instance as in (A) above, can the lawyer withdraw from the case and collect in full his
contracted attorneys fees? Why or why not?
ANSWER:
A. Yes. A lawyer shall represent his client with zeal within the bounds of the law as provided in Canon
19. The client may later on refuse to honor the amicable settlement forged by his attorney.
B. Under Cannon 22, a lawyer shall withdraw his services only for good cause and upon notice
appropriate in the circumstances. Therefore, a lawyer who withdraws shall be subject to a
retaining lien.
XXVII.
Atty. C was hired by D to file an action against E for recovery of possession of real property. In their
contract of service, they stipulated that D cannot compromise the case without the consent of Atty. C.
After trial and unknown to Atty. C, D entered into a compromise with E. Atty. C withdrew from the case
and collected from D: (1%)
(A) his attorneys fees under their contract
(B) his attorneys fees based on quantum meruit
(C) nothing by way of attorneys fees
ANSWER:
B. his attorneys fees based on quantum meruit
XXVIII.
Atty. Forma is a member of the Philippine Bar. He went to New York City, took the New York State Bar,
and passed the same. He then practiced in New York City. One of his American clients filed a case for
disbarment against him for pocketing the money which was entrusted to him as payment for the filing
fee and other incidental expenses of his damage suit. Atty. Forma was later disbarred for dishonesty.
Disheartened, Atty. Forma came back to the Philippines and practiced as a lawyer. Will his disbarment
in New York be used against him for purposes of disbarment proceedings here in the Philippines? (4%)
ANSWER:

Yes. The disbarment of Atty. Forma abroad may be considered as a ground for disbarment proceedings
here in the Philippines if such instance shows a loss of his good moral character, a qualification he has
to maintain in order to remain a member of the Philippine Bar.
XXIX.
If a lawyer volunteers his free legal service to a poor client, (1%)
(A) a lawyer-client relationship is established between them
(B) he is bound to serve his poor client with the same degree of competence, fidelity, and diligence
as his paying client
(C) he is not justified to neglect the cause of his client for the clients inability to defray the costs of
court litigation
ANSWER:
B. he is bound to serve his poor client with the same degree of competence, fidelity, and diligence as his
paying client
XXX.
(6%)
(A) Can a lawyer who lacks the number of units required by the Mandatory Continuing Legal Education
(MCLE) Board continue to practice his profession?
(B) May a lawyer be held liable for damages by his client for the lawyers failure to file the necessary
pleadings to prosecute the clients case and as a result of which the client suffered damages?
(C) Can a lawyer still practice his profession despite having arrears in his Integrated Bar of the
Philippines (IBP) dues?
ANSWER:
A. No. MCLE is required of members of the Integrated Bar of the Philippines to ensure that throughout
their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law.
B. Yes. Canon 18 provides that a lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable. A client who suffers prejudice may file an
action for damages against him.
C. No. The practice of law is a privilege and It is the duty of every lawyer to support the activities of the
IBP. Default in payment of IBP shall warrant suspension and a ground for the removal of the delinquent
member from the Roll of Attorneys.