ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

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1. To enhance his knowledge of the law, and to earn some money during one
summer vacation, Leonardo, a fourth year law student and a member of his schools
legal clinic, asked the MTC judge in his municipality to appoint him as counsel de
oficio for indigent litigants. If you are the judge, will you accept his offer? Can he be
allowed to appear in the court under the Student Practice Rule? Explain your
answers.

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Answer: I will not accept hisloffer. Only a lawyer can be appointed as counsel de oficio.
b appoint a person of repute for competence and integrity to
Although an MTC judge can
o
represent an indigent
litigant, this is only available in remote municipalities where there
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are no lawyers available.
no showing that there is no lawyer available in Leonardos
nStudentThere
r Under the said rule, a student
a
municipality. The
Practice Rule is also not applicable.
a
h to represent indigent clients of theBschools legal clinic, and must always be
can only appear
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under the supervision of a licensed lawyer. Such
es facts are not present in this case. Finally,
even if he is allowed to represent indigentl
clients, he should not charge a fee, because he is
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not yet a lawyer.
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2. Antonio graduated fromn
the law course in 1979 and immediately took the Bar
examinations in the samea
year. He passed and took his oath a
ofr
office at the PICC in
h
1980. He was made to sign a book therein and was made B
to believe that it was the
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Roll of Attorneys. He thereafter engaged in the practice s
of law. It was only ten years
e
later that he realized that he had not signed the Attorneys
l Roll. Too embarrassed, it
b
took him another five years to file a petition in the Supreme Court to be allowed to
o
sign the Attorneys Roll.
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a) Should his petition be denied? Whyaor why not?
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b) Can he be suspended for practicing law without authority for 15 years?
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c) How, then can he be penalized?
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Answers:
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a) His petition should not be denied, because that is too harsh. He acted in good faith isB
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voluntarily revealing his fault, although he did not act at once after realizing his fault. s
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b) He cannot be suspended, because he is not yet a lawyer until he signs b
the Roll of
o
Attorneys.
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c) As held in the case of In Re Petition to Sign on the Attorneys a
Roll, Attorney Michael
a
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Medado, petitioner, B. .M. No. 2540, September 24, 20143, he can be made to sign the Roll
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

of Attorneys one year after receipt of the approval of his petition, which period is
equivalent to a period of suspension, and to pay a fine.

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B

3. Bartolome mortgaged his piece of land to a money lender at an unconscionable

rate of interest. When he failed to pay. The money lender foreclosed the mortgage
and obtained title to his land. Bartolome retained the services of Atty. Moreno to
recover his land. Atty. Moreno filed suit for recovery, and before pre-trial, asked
Bartolome to sign a Special Power of Attorney authorizing him to enter into any
amicable settlement of the case. Subsequently, Atty. Moreno notified Bartolome that
the money lender agreed to return the land to him if he can reimburse the principal
of the loanplus 12% p.a. interest only. Bartolome raised the amount and gave it to
Atty. Moreno. Subsequently, Atty. Moreno gave Bartolome the decision of the court
approving the compromise agreement entered into by the lawyer and the money
lender, and, much to Bartolomes surprise, a title to the land showing that he and
Atty. Moreno are now co-owners thereof on a 50-50 basis. The lawyer explained that
Bartolome signed a contingent fee agreement giving him such share if is successful in
recovering the property. It turns out that such agreement was among the copies of
the SPA which Bartolome signed without reading, on the assurance of Atty. Moreno
that everything was alright. Did Atty. Moreno act ethically or not?

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Answer: Atty. Moreno acted unethically. In fact, he acted deceitfully in depriving his client
of his property. He made his client unknowingly sign a contingent fee agreement which he
was made to believe was part of a Special Power of Attorney. Besides, the fee of 50% if the
property contained therein is unconscionable, considering the services rendered. Atty.
Moreno violated Rules 1.01. 7.03 and Canon 20 of the Code of Professional Responsibility.

a
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4. After passing the Bar examinations, Carlos devoted himself exclusive to the
management of his family business. Ten years after, he issued a couple of checks
which were dishonored for the reason of DAIF (drawn against insufficient funds). A
complaint for disbarment was filed in the Supreme Court on the basis thereof. Carlos
argued that he cannot be penalized because he issued the checks as a businessman,
not as a lawyer. Decide.

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Answer: The defense will not hold. Rule 1.01 provides that a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct. Such rule is applicable not only to his
professional conduct but also to his private life as well. A lawyer is called upon to be an
example in respect for and obedience to the law. He, above all, should know that the
issuance of bouncing checks is an unlawful act.

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5. Determine whether the following advertisements by a lawyer are ethical or

unethical. Explain your answer briefly.

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(a) A calling card, 2 x 2 in size, bearing the name, office address, email address,
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telephone, fax and cellphone numbers, and picture of the lawyer.
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

(b) A calling card issued by Atty. Magaling, indicating the aforementioned data, and
the statement Iba na ang Magaling in bold print. .

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(c) An advertisement in the Classified Ads Section of a broadsheet newspaper

stating:

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aCompetent Lawyer

ANNULMENT OF MARRIAGE

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Reasonable Fee

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Call 555-3334, Mondays to Fridays

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(d) A small advertisement in the tabloid BALITA that Congressman Yap will give
free legal advice to sari-sari store owners every Friday at his law office.

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CANTOR & CANTOR LAW OFFICE b
o
Atty. Anselmo Cantor, Sr.R
(+)
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Atty. Anselmo Cantor,
Jr.
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(e) A shingle reading as follows:

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B

displayed in front of his office by Atty. Anselmo Cantor, Jr. , a solo practitioner
since passing the Bar.

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a
b) Unethical. The statement Ibah
na ang Magaling is self-laudatory.
B
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c) Unethical. It gives the impression that a marriage can easily be annulled.
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b
o
d) Ethical. A Congressman is allowed to practice law,
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e) Unethical. It gives the impression that a solo a
practitioner was a member of a law
r
a
firm.
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6. A town mayor was indicted for homicide through reckless imprudence larising
from a vehicular accident. May his father-in-law who is a lawyer and a Sangguniang
b
o
Panlalawigan member represent him in court? Explain.
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Answer: Yes, as long as his father-in-law has obtained the consent of
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athe DILG to engage in
a
the practice of law A barangay official is not prohibited fromh
practicing law, but as a
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Answers: a) Ethical. The card contains only necessary information.

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

member of the Civil Service, he should first secure the consent of his department head
(Catu vs. Rellosa, A.C. No. 5738, February 19, 2008)

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7. Pedro purchased a valuable piece of property and occupied the same. He showed
the deed of sale to his lawyer Pablo, and the latter noticed that the deed was not
notarized and, therefore, will not be accepted by the Register of Deeds for
registration But he did not inform Pedro about such defect. Instead, he sent his
son Alan to buy the same piece of property from the seller, but to make sure that the
deed of sale is notarized and registered with the Register of Deeds. Alan followed his
instructions and after obtaining title in his name, filed an accion publiciana against
the Pedro, claiming a better right over the land. Did the Pablo act ethically or not?

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Answer: Pablo acted unethically. He took advantage of the trust and confidence of Pedro,
his client. He did not inform the client of the defect in the document that his client showed
to him. Instead, he used it in order to acquire a benefit for his son to the prejudice of his
client. He violated Rule 1,01 as well as Rule 21,02 of the Code of Professional
Responsibility.

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8. You are the counsel for the estate of a deceased person. But your wife is a
practicing Certified Public Accountant. She was asked by her client to prepare and
submit an itemized claim against the estate you are representing. She asks for your
advice on the legal propriety of her clients claim. What advice would you give her?
Explain.

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Answer: I would advise her that I cannot give an opinion on the propriety of her clients
claim, because it might be considered as confidential information. In fact, her acceptance of
representation of claims against the estate of which I am the counsel might be considered
as representation of conflicting interests on my part (Nakpil vs, Valdes, 285 SCRA 758).

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9. Atty. J learned that he and Judge K belong to the same college fraternity. Since
then, he addressed Judge K In public and social occasions as Brod or Boss, and
after several months, he invited the judge to be a principal sponsor at the wedding of
his son who is a law student. Did Atty. J act ethically or not? Explain

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Answer: He did not act ethically. A lawyer shall refrain from any impropriety which tends
to influence or gives the appearance of influencing the court (Canon 13, CPR). He shall not
extend extraordinary attention or hospitality to, nor seek opportunity for cultivating
familiarity with judges (Rule 13.01).

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10. In the course of a drinking spree with Atty. Ferrer who was his counsel in the
annulment of his marriage, Romeo bragged about his recent sexual adventures with
models and actresses known for their expensive tastes. When Atty. Ferrer asked
Romeo how he manages to finance his escapades, the latter answered that as chief of
staff of a congressman, he has been receiving commissions for endorsing the
congressmans PDAF funds to fictitious NGOs. Is Romeos revelation to Atty. Ferrer
covered by the attorney-client privilege? Explain.

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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

Answer: It is not covered by the attorney-client relationship. It was not given in the course
of a client seeking professional advice from a lawyer but in a drinking spree. Romeo did not
ask such revelation to be kept confidential. Moreover, it is a revelation of a crime in the
process of being committed.

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lwas admitted as a member of the New York Bar. While in Manhattan,
11. Atty. Perez
b
o of swindling and was disbarred. Does his disbarment in New York
he was convicted
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constitute a ground for his automatic disbarment in the Philippines? Explain.
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Answer: No, it does not constitute ground
for automatic disbarment in the Philippines. If
h
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C the ground for disbarment In New
York
is
the same as a ground for disbarment in the
s
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Philippines, he may also be disbarred
here. But he is still entitled to due process, and his
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disbarment in New York isb
only prima facie evidence of his guilt.
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12. The Chief City
invariably recommends to
n Prosecutor in Marikina Citylawyer.
respondents a
in cases before his office who have nor
to retain the services of
a
Atty. Blanco
he knows to be a competent
lawyer. Unknown to the
B
Ch hewhom
respondents,
has a fee-sharing arrangement
with
Atty.
Blanco with regard to
es ethically or not?
clients he has referred to the latter. Is helacting
Explain.
b
Answer: He is not acting ethically.o
His recommendation to respondents to retain the
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services of Atty. Blanco, with whom he has a secret fee-sharing agreement shows that he is
n his private interest, in violation ofrRule 6.02 of the CPR.
using his public position to advance
a
a
h
B
Cbeen a partner of the ACCRA lawsfirm for 15 years. After he
13. Atty. Jacobo had
e Coronadal Corporation in a
separated from the said law firm, he represented l
the
civil case against the Klondike Corporation who b
has been a client of ACCRA for the
past 20 years. ACCRA moved for Atty. Jacoboso
disqualification from the case on the
Rargued that he never intervened in any
ground of conflict of interest, but Atty. Jacobo
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case of Coronadal Corporation whenahe was still with the ACCRA law firm
r and,
a
therefore, never acquired information
that he could use against it. Should
he be
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disqualified or not? Explain.
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Answer: He should be disqualified. When a client retains the services
b
oJacobo is considered as a
deemed to have retained all the lawyers in that firm. Thus, Atty.
R
former lawyer of Coronadal Corporation, even though he never
n intervened in any case of r
said corporation while he was still with the ACCRAalaw firm. He is disqualified from
a
handling any case against a former client, on the ground
B
Ch of conflict of interest.
s
eMario
14. Myrna, complainant in a case for estafa against Ruby, advice from Atty.
l
whom she met at a party. She informed Atty. Mario that her lawyer, Atty. Paderanga,
b
has been charging her exorbitant appearance fees when all he does iso
to move for
R she learned
postponements which have unduly delayed proceedings; and recently,
n
r
that Atty. Paderanga approached Ruby, asking for a huge amount
a in exchange for the
a
withdrawal of her Motion for Issuance of a Hold Departureh
Order against Ruby, so
B
C
that the latter can leave for abroad.
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

Is it ethical for Atty. Mario to advise Myrna to terminate the services Atty. Paderanga
and hire him instead for lower attorneys fees?

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Answer: It is unethical. It is tantamount to an encroachment into the employment of

another lawyer, in violation of Section 8.02 of the CPR. He shall also not charge fees lower
than those customarily prescribed unless the circumstances so warrant (Rule 2.03).

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15. Notary Public Atty. Robredo was charged with unlawful conduct for (a)
notarizing a deed of donation executed by his uncle in favor of two of his first
cousins, and (2) not requiring the said parties to present competent evidence of
identity. May he be held liable?

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Answer: (a) He may be held liable for notarizing a document executed by his uncle and
first cousins, because Section 2 (c) of the 2004 Rules on Notarial Practice disqualifies him
from notarizing any document executed by his relatives within the fourth degree of
consanguinity or affinity.

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(b) However, he may not be held liable for not requiring the said parties to present
competent evidence of identity, because he know them personally ( Bernard N. Jandoquile
Vs. Atty. Quirino P. Revilla, Jr, A.C. No. 9514. April 10, 2013).

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16. The City of Makati gives all the judges assigned within the city a monthly
n
allowance of P30,000.00, a
the highest among the cities in the country.
Those who are
ar to enable
of the age of 60 years or
above are aIso given Senior CitizenB
cards,
them to
h
watch movies free C
of charge. If you are one of those s
judges, will you accept the
e
allowance or not? .
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b
o
Answer: I will accept the allowances. Section 458,
par. 1 (xi) of the Local Government
Code (R. A.7160) provides that the SangguniangR
Panlungsod shall, when the finances of the
nallowances and other benefits judges,rpublic
city government allow, provide for additional
a
a
prosecutors, public elementary and high
school teachers, and other national
government
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B
Ccity. Since it is provided by law, it issnot improper to
officials stationed or assigned to the
e
accept such allowances and benefits.
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17. Everytime a bank is involved in a case filed in his court,
Judge Mendoza applies
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for a loan with the said bank. Is his conduct proper or not?
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a
Answer: His conduct is not proper. Sec. 12, Canonh
4 of the New Code of Conduct for theBa
Philippine Judiciary provides that judges and C
members of their families shall neithersas
e or
for, and accept, any gift, bequest, loan or favor in relation to anything doneor to bel
done
omitted to be done by him or her in connection with the performance of judicial
b duties.
o
What the rule seeks to avoid is the impression that the judge will rule in favor
of the party
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with whom he is indebted.
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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

18. When Atty. Luis agreed to have the land of Mario registered under the Torrens
system, the said lot had a market value of only P5.00 per square meter, So, Luis
proposed only an acceptance fee of P10,000.00 and an appearance fee of P1,000.00
per appearance for his services, and Mario agreed. However, by the time the court
issued a decree of registration, the surrounding lands were already developed,
thereby increasing the value of Marios land of to P100.00 per square meter, or
P100,000,000.00 for Marios land of 100 hectares. Seeing this, Luis asked for an
additional compensation of P1,000,000.00 as attorneys fees. Mario disagreed. Luis
took hold of the new title and announced that he will keep it as a retaining lien.

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B

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a) Did Luis act correctly or not?

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b) Can Luis claim attorneys fees on a quantum meruit basis?

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Answer: a) Luis did not act correctly. A retaining lien is available only to ensure payment
of a fee agreed upon. There was not agreement between Luis and Mario for an attorneys
fees in the amount of P1 million. A retaining is available only to ensure payment of an
unpaid fee. There is no unpaid fee in this instance.

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b) Attorneys fees on a quantum meruit
b basis is applicable only in the absence of an
o
agreement for attorneys fees. In this
case, there was an agreement for attorneys fees,
consisting of an acceptance fee R
n and an appearance fee. (ValentinarC. Miranda vs. Atty.
Macario D. Carpio, A.C. MNo.a
6281, September 21, 2011)
a
h
B
C by Norberto was brought to Notary
19. The SPA executed
Guillermo for
es Public
notarization. Norberto was not present, but two oflGuillermos
secretaries assured
him that the signature appearing in the SPA was his,
b because they know him as their
long time Punong Barangay. Relying on theiro
assurances, Guillermo notarized the
R
SPA. Did he act correctly or not?
n
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a2004 Rules of Notarial Practice provides
a
Answer: He did not act correctly. The
that a
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B
Notary Public should not notarize C
a document when the person who executed
the
same
is
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not personally before him, and he is personally known to the Notary Public
l or identified by
competent evidence of identity.
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20. An audit of the records of an RTC judge in Cavite shows
an inordinate number of
n
declaration of nullity of marriage decided by him,
one-third
of which involved
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a
parties over whom the court has not acquired jurisdiction,
and in five cases by virtueBa
h
Creconsideration one month after sthe
of an amended decision made on motion for
eshow
original unfavorable decision was rendered. What qualities does this record
l
the judge to be lacking in?
b
o
Answer: This record shows him to be lacking in competence as well as inR
integrity. Lack of
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r
competence, because he should not have decided cases over which
he has not acquired
a
a
jurisdiction. Lack of integrity, because if a judge is lackingh
in competence in such
B
Cserious defect.
fundamental matters as jurisdiction, indicates some other more
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