2000 BAR EXAMINATION commission.
In settlement of the case , D
Question No. 1
X was indicated for murder. As he had
no counsel on arraignment, the trial court
appointed Atty. A. His counsel de officio.
When Atty. A asked X what was his
stand, X said he was guilty. X thereupon
pleaded guilty. X thereupon pleaded
guilty. Trial was thereafter conducted.
When the turn of the defence to present
evidence came, Atty. A manifested that
he was not presenting and that he was
submitting the case for decision, praying
that X’s plea be considered mitigating.
Did Atty. A’s assistance or conduct
approximate the competence and
diligence which the Code of Professional
Responsibility expected of him? Explain.
(5%).
Answer:
No. It is the duty of defence counsel when
his client desires to enter a plea of guilty to
fully acquaint himself with the facts and
surrounding circumstances of the case,
advise his client of his constitutional
rights and the full import of a plea
guilty, see to it that the precise degree of
his client’s culpability is established and
the appropriate penalty is imposed, and
thus leave no room for doubt that there
was a mistake or misunderstanding as to
the nature of the charges to which his
client had pleaded guilty. Atty. A has
fallen short of his required conduct.
Question No. 2
D was charged with estafa by C before
the barangay for misappropriating the
proceeds of sale of jewelry on
turned over to the barangay captain, a
lawyer, the amount of P2,000.00 with the
request that the barangay captain turn over
the money to C. Several months passed
without C being advised of the status of
her complaint. C contacted D who
informed her that she (D) had long before
turned over the amount of P2,000.00 to
the barangay captain who undertook to
give the money to her (C). C thus filed a
case against the barangay captain who at
once remitted the amount of P2,000.00
to C. May the barangay captain be faulted
administratively?
Answer:
Yes. The Code of Professional Responsibility
applies to lawyers who are in the government
service. As a general rule, a lawyer who holds a
government office may not be disciplined as a
member of the bar for misconduct in the
discharge of his office as a government official.
However, if that misconduct as a government
official is of such character as to affect his
qualification as a lawyer or to show moral
delinquency, then he may be disciplined as a
member of the bar on such ground (Dinsay v.
Cioco, 264 SCRA 703 (1996). In the case
of Penticostes v. Ibanez, SCRA 281 (1999),
a barangay captain who failed to remit for
several months the amount given to him for
payment of an obligation, was found to have
violated the Code of Professional Conduct.
Question No. 3
A town mayor was indicted for homicide
through reckless imprudence arising from a
vehicular accident. May his father-in-law who is
a layer and a Sangguniang Panlalawigan
member represent him in court? Reason. (5%).
Answer:
Yes. His father-in-law may represent him in
court. Under the Sanggunian may engage in the
practice of law, except in the following: (1) they
shall not appear as counsel before any court in
any civil case where in a local government unit
or any office, agency or instrumentality of the
government is the adverse party; (2) they shall
not appear as counsel in any criminal case where
in an officer or employee of the national or local
government is accused of an offense committed
in relation to his office; (3) they shall not collect
any fee for their appearance in administrative
proceedings including the local government unit
of which he is an official; and (4) they shall not
use property and personnel of the government
except when the Sanggunian member concerned
is defending the interest of the government. In
this case, the town mayor was indicated for
homicide through reckless imprudence, an
offense that is not related to his office.
Question No. 4
Atty. A was found guilty of indirect contempt by
the Regional Trial Court and summarily
suspended indefinitely from the practice of law.
Atty. A appealed to the Supreme Court. Is his
appeal meritorious? Reason. (5%).
Answer:
His appeal is meritorious. A person cannot be
summarily penalized for indirect contempt. In
indirect contempt, the law requires that there can
be a charge in writing duly filed in court and an
opportunity to the person charged to be heard by
himself or counsel.
Question No. 5
Atty. X filed a notice of withdrawal of
appearance a counsel for the accused Y after the
prosecution rested its case. The reason for the
withdrawal of Atty. X was the failure of accused
Y to affix his conformity to the demand of Atty.
X for increase in attorney’s fees. Is the ground
for withdrawal justified? Explain. (5%).
Answer:
The ground for withdrawal is not justified. Rule
22.01 (e) of the Code of Professional
Responsibility provides that a lawyer may
withdraw his services when the client
deliberately fails to pay the fees for his services
or fails to comply with the retainer agreement. In
this case, the client has not failed to pay the
lawyer’s fees or to comply with the retainer
agreement. He has only refused to agree with the
lawyer’s demand for an increase in his fees. It is
his right to refuse; that is part of his freedom of
contract.
Question No. 6
C filed a verified administrative complaint
against Atty. D. In the course of investigation, C
presented an affidavit of desistance which she
identified on the witness stand. What course of
action should the investigator take? Explain.
(5%).
Answer:
The investigator should continue with the
investigation. A disbarment proceeding is sui
generis, neither a civil or criminal action. As
such, a desistance by the complainant is
unimportant. The case may proceed regardless
of interest or lack of interest of the complainant
(Rayos-Ombac v. Rayos, 285 SCRA 93 (1998).
If the evidence on record warrants, the
respondents may be suspended or disbarred
regardless of the desistance of the complaint. Of
course, if the complainant refuses to testify and
the charges cannot then be substantiated, the
court will have no alternative but to dismiss the
case.
Question No. 7
Atty. E entered his appearance as counsel for
defendant F in case pending before the regional
Trial Court. F later complained that he did not
authorize Atty. E to appear for him. F moved that
the court suspended Atty. E from the practice of
law. May the judge grant the motion? Explain.
(5%).
Answer:
The judge may grant the motion. Unauthorized
appearance is a ground for suspension or
disbarment (Sec. 27, Rule 138, Rules of Court).
Alternative Answer:
It depends. A lawyer’s appearance for a party
without the authority of the latter must be wilful,
corrupt or contumacious in order that he may
held administratively liable therefor. But if he
has acted in good faith, the complaint for
suspension will fail. (Garrido v. Quisumbing, 28
SCRA 614 (1969).
Question No. 8
a) What is a champertous contract? Is it valid?
(2%)
b) Distinguish between a champertous contract
and a contingent fee contract. (3%).
Answer:
a) A champertous contract is one where the
lawyer agrees to conduct the litigation on his
own account and to pay the expenses thereof,
and to receive as his fee; a portion of the
proceeds of the judgement. It is contrary to
public policy and invalid because it violates the
fiduciary relationship between the lawyer and
his client (Bautista v. Gonzales, 182 SCRA 151
(1990). In effect, he is investing in the case with
the expectation of making profit. The practice of
law is a profession ad not a business venture.
b) A contingent fee contract is an agreement in
which the lawyer’s fee, usually a fixed
percentage of what may be recovered in the
action, is made to depend upon the success in the
effort to enforce or defend the client’s right. It is
a valid agreement. It is different from
champertous contract in that the lawyer does not
undertake to shoulder the expenses of the
litigation.
Question No. 9
a) Define an attorney’s retaining lien. (2%)
b) G was appointed administrator of the estate of
her deceased father. She engaged the services of
Atty. H as her personal counsel to represent her
in court proceedings. G later discharged the
services of Atty. H. Invoking his retaining lien,
Atty. H retained documents bearing on the estate
of the decedent of the documents justified?
Explain. (3%).
Answer:
a) A retaining lien is the right of an attorney to
retain the funds, documents and papers of his
client which have lawfully come into his
possession until hislawful fees and
disbursements have been paid, and to apply such
funds to satisfaction thereof (Sec. 37, Rule 138,
Rules of Court).
b) The retention of the documents in this case is
not justified. Atty. H was the personal counsel of
G. He was not the counsel of the estate. The
documents bearing on the estate of decedent
entrusted by G to him are not properties of G but
the estate which is not his client. Atty. H has no
right to exercise a retaining lien over such
documents.
Question No. 10
a) State the exemption to the rule that the
negligence of counsel binds the clients. (2%).
b) Section 20, rule 18 of the Rules of Court
enumerates nine (9) duties of attorneys. Give at
least three (3) of them. (3%).
Answer:
a) It is well-settled that the negligence of counsel
binds the client. The exception is where the
reckless or gross negligence of counsel deprives
the client of due process of law or where its
application results in the outright deprivation of
one’s property through a technicality (Salonga v.
Court of Appeals, 269 SCRA 534 (1997), or
when the application of the general rule will
result in serious injustice (San Miguel
Corporation v. Laguesma, 236 SCRA 595
(1994).
b) Under Section 20, rule 138, it is the duty of an
attorney:
1. To maintained allegiance to the Republic of
the Philippines;
2. To maintain the respect due to the courts of
justice and judicial officers;
3. To counsel or maintain such actions or
proceedings only as appear to him to be just, and
such defences only as he believes to be honestly
debatable under the law;
4. To employ, for the purpose of maintaining the
causes confided to him, such means only as re
consistent with truth and honor, and never seek
to mislead the judge or any judicial officer by an
artifice or false statement of fact or law.
5. To maintain inviolate the confidence, and at
every peril to himself, to preserve the secret of
his clients, and to accept no compensation in
connection with his client’s business except
from him with his knowledge and approval;
6. To abstain from all offensive personality, and
to advance no fact prejudicial to the honor or
reputation of party or witness, unless required by
the justice of the cause with which he is charged;
7. Not to encourage either the commencement or
the continuance of an action or proceeding or
delay any man’s cause, from any corrupt motive
or interest;
8. Never to reject, for any consideration personal
to himself, the cause of the defenceless or
oppressed;
9. In the defence of a person accused of crime,
by all fair and honourable means, regardless of
his personal opinion as to the guilt of the
accused, to present every defence that the law
permits, to the end that no person may be
deprived of life or liberty, but by due process of
law.
Question No. 11
Atty. J requested Judge K to be a principal
sponsor at the wedding of his son. Atty. J met
Judge K a month before during the IBP
sponsored reception to welcome Judge K into
the community, and having learned that Judge K
takes his breakfast at a coffee shop near his
(Judge K’s) boarding house, Atty. J made it
appoint to be at the coffee shop at about the time
that Judge K takes his breakfast. Comment on
Atty. J’s act. Do they violate the Code of
Professional Responsibility? (5%).
Answer:
Yes, his actions violate the Code of
Responsibility. Canon 13 of the said Code
provides that lawyer shall relay upon the merits
of his cause and refrain from any impropriety
which tend t influence, or gives the appearance
of influencing the court. Rule 13.03 of the same
Code provides that a lawyer shall not extend
extra ordinary attention or hospitality to, nor
seek opportunity for, cultivating familiarity with
judges, Atty. J obviously sought opportunity for
cultivating familiarity with Judge K by being at
the coffee shop where the latter takes his
breakfast, and is extending extraordinary
attention to the judge by inviting him to be a
principal sponsor at the wedding of his son.
Question No. 12
M was criminally charged with violation of a
special law. He tried to engage the services of
Atty. N. Atty. N believed, however that M is
guilty on account of which he declined. Would
it be ethical for Atty. N to decline? Explain. (5%)
Answer:
It would not be ethical for Atty. N to decline.
Rule 14.01 of the Code of Professional
Responsibility provides that a lawyer shall not
decline to represent a person solely on account
of the latter’s race, sex, creed or status of life, or
because of his own opinion regarding the guilt
of said person. It is for the judge, not the lawyer,
to decide the guilt of the accused, who is
presumed to be innocent until his guilt is prove
beyond reasonable doubt by procedure
recognize by law.
Question No. 13:
In a pending labor case, Atty. A files a Position
Paper on behalf of his client, citing a Supreme
Court case and quoting a portion of the decision
therein which he stated reflected the ratio
decidendi. However, what he quoted was not
actually the Supreme Court ruling but the
argument of one of the parties to case. May Atty.
A be faulted administratively? Explain. (5%).
Answer:
Yes, he may be faulted administratively. A
lawyer owes candor, fairness and good faith to
the court Rule 10.02 of the Code of Professional
Conduct expressly provides that a lawyer shall
not knowingly misquote or misrepresent the
contents of a paper, the language or the argument
of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved. To cite an argument of one of the
parties as a ratio decidendi of a Supreme Court
decision shoes, at least, lack of diligence on the
party of Atty. A. (Commission on Election v.
Noynoy, 292 SCRA 254 (1998).
Question No. 14:
Before he joined the bench, Judge J was a vice-
mayor. Judge J resumed writing weekly column
in a local newspaper. In his column, Judge J
wrote:
“I was wondering if the present vice-mayor can
shed off his crocodiles hide so that he can feel
the clamor of the public for the resignation of
hoodlum public officers of which he is one.”
When charged administratively, Judge J invoked
freedom of expression. Is his defence tenable?
Explain. (5%).
Answer
The judge’s reliance on freedom of expression is
untenable. The judge’s vicious writings
compromise his duties as judge in the impartial
administration of justice. His writings lack
judicial decorum which requires the use of
temperate, language at all times. The judge
should not instigate litigation (Galang v. Santos,
307 SCRA 583 (1999), Royeca v. Animas, 71
SCRS (1976).
Question No. 15:
In a contentious transaction of sale and purchase
involving real property between X (seller) and Y
(Purchaser), whose interests were diametrically
opposed to each other, Atty. Z with the
knowledge and consent of X and Y, acted as the
attorney for both parties. Did Atty. Z commit
malpractice? Explain. (5%).
Answer:
Rule 15.03 of Code of Professional
Responsibility provides that a lawyer shall not
represent conflicting interest except by written
consent of all concerned given after a full
disclosure of the facts. In this case, although
Atty. Z acted as lawyer for both X and Y with
the knowledge an consent of both, such consent
was made in writing, Atty. Z may be held liable
for malpractice.
Answer:
No, Judge K may no longer continue to be the
administrator of the estate of his second cousin.
Rule 5.06 of the Code of Judicial Conduct
provides that: “(a) judge should not serve as the
executor, administrator, trustee, guardian, or
other fiduciary, except for the estate, trust, or
person of a member of the immediate family,
and then only if such service will not interfere
with the proper performance of judicial duties.
“Member of immediate family shall be limited
to the spouse and relatives within the second
degree of consanguinity.” A second cousin is not
a relative within the second degree of
consanguinity.

Alternative Answer:
In case of In Re: Dela Rosa, 27 Phil. 258 (1914),
the Supreme Court held that where a lawyer
acted as attorney for both a vendor and a
purchaser, whose interest wee diametrically
opposed to each other, but either the knowledge
and consent of both parties, this did not
constitute malpractice under the law. Neither
party was deceived by the lawyer, and neither
one suffered involuntary damages by reason of
his action. Nevertheless, the lawyer’s conduct
constituted a practice severely to be condemned.

Question No. 16:

Before his appointment to the judiciary, Judge K
was the administrator of the estate of his second
cousin. After joining the judiciary, could Judge
K continue to be the administrator? Explain.
(5%).
 2002 BAR EXAMINATIONS
Question 1:
A. After reading the decision against his client
Jose Kapuspalad, Atty. Calmante was convinced
that it had a reasonable basis and that he would
have difficulty obtaining a reversal. For this
reason. Atty. Calmante did not appeal. When
Jose learned about the judgment against him, he
blamed Atty. Calmante for not taking a timely
appeal and filed an administrative complaint for
negligence against the latter. Decide the case.
B. What is a lawyer’s duty if he finds that he
cannot honestly put up a valid or meritorious
defense but his client insist that he litigate?
Explain?
Answer:
A. I would rule in favor of Jose Kapuspalad. (In
Reontoy v. Ibadit 285 SCRA 88 1988). The
Supreme Court found a lawyer to negligent for
falling, first of all, to notify his client about the
adverse decision and secondly for failing to file
an appeal in belief that such appeal would be
useless. He thus deprived his client of his right
to appeal. If a lawyer cannot contact his client at
once after receiving the adverse decision, the
prudent step for him to take is to file a notice of
appeal, and withdraw it afterwards if his client
should decide against the appeal. It is the client’s
decision whether or not to appeal.
B. It depends. If it is a criminal case, he may not
decline to represent the accused solely on his
opinion regarding the guilt of the person ( Rule
14.01 Code of Professional Responsibility).The
Supreme Court has held that a counsel de officio
has the duty to defend his client no matter how
guilty he perceives him tobe(People v. Nadera
Jr. 324 SCRA 490). But if the case is a civil case,
he should decline to accept the same. In a civil
action, the rules and ethics of profession enjoin
a lawyer
from taking a bad case. The attorney’s signature
in every pleading constitutes a certification that
there is a good cause to support it and that it is
not imposed to delay. It is the attorney’s duty to
counsel or maintain such actions or proceedings
only as appear to him to be just and such
defenses only as he believes to be honestly
debatable under the law.
Question 2:
Raul Catapang, a law graduate and vice-
president for labor relations of XYZ Labor
Union, entered his appearance as representative
of a member of the union before the Labor
Arbiter in a case for illegal dismissal, unpaid
wages and overtime pay. Counsel for the
Company objected to Raul’s appearance and
move for his disqualification on the ground that
he is not a lawyer. If you were the Labor Arbiter,
how would you resolve the motion?
Answer:
I will deny the motion to disqualify Raul Article.
222 of the Labor Code authorizes non-lawyers to
appear before the National Labor Relations
Commission or any Labor Arbiter in
representation of their organization or members
thereof.
Question 3:
Determine whether the following
advertisements by an attorney are ethical or
unethical as the case maybe, opposite each letter
and explain.
A. A calling card 2x2 in size, bearing his name
in bold print, office, residence and email
addresses, telephone and facsimile numbers?
B. A business card 3x4 in size, indicating the
aforementioned data with his photo 1x1 in size.
C. A pictorial press release in a broadsheet
newspaper made by the attorney showing him
being congratulated by the president of a client
corporation for winning a multimillion damage
suit against the company in the Supreme Court.
D. The same press release made by his client in
a tabloid.
E. A small announcement in BALITA, a tabloid
in Filipino, that the attorney is giving free legal
advice for September 2002.
Answer:
A. Ethical- a lawyer in making his legal services,
shall use only true, honest, fair, dignified and
objective information or statement of facts.
(Canon 3 Code of Professional Responsibility).
B. Unethical- the size of the card and the
inclusion of the lawyer’s photo in it smacks of
commercialism.
C. Unethical- a lawyer should not resort to
indirect advertising such as procuring his
photograph to be published in a newspaper in
connection with a case he is handling. He should
not pay or give something of value to
representatives of the mass media in anticipation
of, or return for publicity to attract legal business
(Rule 3.04 Code of Professional Responsibility).
D. Ethical- The lawyer can no longer be held
responsible for the action of his client. However,
it would be unethical if he knew that his client’s
intention to publish it and not to stop it.
E. Unethical- the announcement in a newspaper
that he will give free legal advise to the indigent,
is a form of self-praise (In Re Tagorda).
Question 4:
A. State the rule on whether a client is bound by
mistake.
B. On account of his mistake, is counsel liable to
his client for damages?
Answer:
A. A client is bound by the mistakes of his
lawyer( Cabales vs Nery 94 SCRA 374 San
Miguel Corporation vs Ledesma 236 SCRA
596)
B. A lawyer shall not neglect a legal matter
entrusted to him and his negligence in
connection therewith shall make him liable (
Rule 18.03 Code of Professional
Responsibility). A client who suffers prejudice
by reason of his counsel’s inexcusable
negligence in the discharge of his duty may file
an action for damages against him. However,
there must be a showing that had the lawyer
exercised due diligence, the client under the
facts and the law would have succeeded in
recovering from the adverse party or in resisting
the claim of latter.
Question 5:
On June 28, 2001, RJ filed with the Supreme
Court a petition for prohibition, with a prayer for
temporary restraining order/ preliminary
injunction, to forestall his removal as chairman
and general manager of a government agency,
He believed he had a fixed term until January 31,
2004, but there were indications that the new
President would replace him. As he had
apprehended, an Administrative Order was
issued by the Chief Executive
On July 2, 2001 recalling RJ’s appointment,
shortly thereafter, PT was appointed to the
position in question.
On July 3, 2001 RJ filed a motion to withdraw
his petition, on the same day, without waiting for
the resolution of his motion; he filed another
petition with the Regional Trial Court seeking to
prevent his removal as chairman and general
manager of the government agency. On July 8,
2001 his motion to withdraw the first petition
was granted by the Supreme Court without
prejudice to his liability, if any for contempt for
engaging in forum shopping.
A. Is he guilty of forum shopping?
B. Give three Instance of forum shopping?
Answer:
A. RJ is guilty of forum shopping . Forum
Shopping is the practice of filing Multiple
actions from the same cause of action ( Rule
12.02 of the Code of Professional
Responsibility). It is clear that RJ’s petition for
prohibition was still pending in the Supreme
Court while he filed the same petition in the
Regional Trial Court. He should have waited
first for the resolution of his motion to withdraw
before filing the second petition because he
cannot assume that the motion will be granted.
B. Instances of Forum Shopping:
1. When, as a result of an adverse opinion in one
forum, a party seeks a favorable opinion(other
than appeal or certiorari) in another .
2. When he institutes two or more actions or
proceeding grounded by a same cause of action,
on the gamble that one or more court would
make a favorable decision.
3. Filing a second suit in a court without
jurisdiction.
4. Filing an action is still pending in an
administrative proceeding
5. When counsel omits to disclose the pendency
of an appeal, in filing a certiorari case.
Question 6:
Atty. CJ handled the case for plaintiff GE against
defendant XY. In an action for damages,
Judgment was rendered for plaintiff GE. When a
writ of execution was issued, the sheriff levied
on a 400 square meter lot of defendant XY.
Pursuant to their contingent fee contract,
plaintiff GE executed a deed of assignment in
favor of Atty. CJ of one-half the lot. Atty. CJ
accepted the assignment.
A. Is the Contract for contingent fee valid?
B. Did Atty. CJ commit any violation of the
Code of Professional Responsibility?
Answer:
A. A contract for contingent fee is a contract
wherein the attorney’s fee, usually a percentage
of what may be recovered in the action, is made
to depend upon the success of the lawyer in
enforcing or defending his clients right it is a
valid contract, unlike a champertous contract
which is invalid because the lawyer undertakes
to shoulder the expenses of the litigation.
However the amount of the fee agreed upon
maybe reduced by the courts should it be
unconscionable or if necessary. 50% of what the
client may recover may or may not be
unconscionable depending on the factors to be
considered in determining the reasonableness of
an attorney’s fee.
B. In the case of Daroy vs Abecia 298 SCRA 239
the Supreme Court ruled that the assignment to
a lawyer of a portion of the property levied on
by the sheriff for the satisfaction of a judgment
in favor of his client does not violate Article
1491 of the New Civil Code, If the property was
not involved in litigation handled by the lawyer.
In this case, since the action held by Atty.CJ was
for damages, the property was not apparently
involved in the litigation. Hence, his acquisition
of the 50% of the same is ethical.
Question 7:
A. May a lawyer decline a request for free legal
aid to an indigent accused made by a chapter of
the Integrated Bar of the Philippines?
B. Will your answer be different if the legal aid
is requested in a civil case?
Answer:
A. Rule 14.02 of the Code of Professional
Responsibility provides that “a lawyer shall not
decline, except for serious and sufficient cause,
an appointment as counsel de officio or as
amicus curiae or a request from the Integrated
Bar of the Philippines or any of its chapter for
rendition of free legal aid. He may, decline such
appointment for serious and sufficient cause. For
example, he may decline if such appointment
will involve conflict of interest with another
client.
B. My answer will not be exactly the same,
because in a civil case, the lawyer can also
decline if he believes the action or defense to be
unmeritorious. He is ethically bound to maintain
only actions and proceedings which appear to
him to be just and only such defenses which he
believes to be honestly debatable under the law.
Question 8:
Six months ago, Atty. Z was consulted by A
about a four –door apartment in Manila left by
her deceased parents. A complained that her two
siblings B and C, who were occupying two units
of the apartment were collecting the rentals from
the other two units and refusing to give her any
part thereof. Atty. Z advised A to first seek the
intervention of her relatives and told her that, if
this failed he would take legal action as A asked
him to do. Today September 22, 2002 B asks
Atty. Z to defend him in a suit brought by A
against him (B) and C through another counsel.
A. Should Atty. Z accept the case? Why?
B. Should Atty. Z tell B that A consulted him
earlier about the same case?
Answer:
A. Atty. Z should not accept the case. When A
consulted him about his complaint against B and
C, a lawyer and client relationship was
established between A and Atty. Z. He cannot
subsequently represent B against A in amatter he
was consulted about. This constitutes conflict of
interest. It does not matter if Atty. Z is not
handling the case for A.
B. Rule 21.07 of the Code of Professional
Responsibility provides that a lawyer shall not
reveal that he has been consulted about a
particular case except to avoid possible conflict
of interest. In this case, he has to reveal to B that
he had been consulted by A on the case that B if
offering to retain his services, in order to avoid a
possible conflict of interest.
Question 9:
When a proceeding for disbarment case is
considered sui generis?
Answer:
A disbarment proceeding is considered sui
generis or a class by itself, because of the
following reason:
1. It is neither civil nor a criminal proceeding;
2. Double Jeopardy cannot be availed of as a
defense;
3. It can be initiated motu proprio by the
Supreme Court or by the IBP;
4. It can proceed regardless of conflict of interest
or lack of interest of the complainant
5. It is imprescriptible; 6. It is confidential
7. It is in itself due process.
Question 10:
Atty. N had an extramarital affair with O, a
married woman as a result which begot a child,
P. Atty. N admitted paternity of the child P and
undertook support him. On the basis of this
admission, Is Atty. N subjected to the
disciplinary action of the Supreme Court. Why?
Answer:
Yes, In the case of (Tucay vs Tucay 318 SCRA
229). The Supreme Court held that the finding
that a lawyer had been carrying on an illicit affair
with a married woman is grossly immoral
conduct and only indicative of an extremely low
regard for the fundamental ethics of the
profession.
Question 11:
Atty. LA is a member of the Philippine Bar and
the California Bar in the United States. For
willful disobedience of a lawful order of a
Superior Court in Los Angeles, Atty. LA was
suspended from the practice of law in California
for one (1) year.
May his suspension abroad be considered a
ground for disciplinary action against Atty. La in
the Philippines?
Answer:
The suspension of Atty. LA from the practice of
law abroad maybe considered as a ground for
disciplinary action here if such suspension was
based on one of the grounds for disbarment in
the Philippines or shows a loss of his good moral
character, a qualification he has to maintain in
order to remain a member of the Philippine Bar.
Question 12:
Atty. BB borrowed P 30,000 from EG to be paid
in six months. Despite the reminders from EG,
Atty. BB failed to pay the loan on its due date.
Instead of suing in court EG lodged a complaint
for failure to pay just debt against Atty. BB. The
chapter secretary endorsed the matter to the
Commission on Bar Discipline. A
Commissioner of the CBD issued an order
directing Atty. BB to answer the complaint
against him but latter ignored the order. Another
was issued for the parties to appear before the
Commissioner at a certain date and time but only
EG showed up. A third order submitting the case
for resolution was likewise ignored by Atty. BB.
A. May Disciplinary Action be taken against
Atty. BB for his failure to pay the loan? Why?
B. Was Atty. BB justified in ignoring the orders
of the Commission on the ground that the
Commission had no power to discipline him for
the acts done in private capacity? Why?
Answer:
A. In the case of Toldedo vs Abalos 315 SCRA
419 the Supreme Court held that a lawyer may
not be disciplined for failure to pay her loan
obligation. The remedy is to file an action for
collection against her in the regular courts.
However, unwarranted obstinacy in evading the
payment of debt has been considered as gross
misconduct. (Constantino vs. Saludares 228
SCRA 233)
B. Atty. BB is not justified in ignoring the orders
of the Commission on Bar Discipline. In doing
so, he violated his oath of office for disobeying
orders of duly constituted authority.
Question 13:
In an extrajudicial settlement of the estate of the
late Juan Mayaman, the heirs requested Judge
Maawain, a family friend, to go over the
document prepared by a new lawyer before they
signed it. Judge Maawain agreed and even acted
as an instrumental witness.
Did Judge Maawain engage in the unauthorized
practice of law?

Answer:
Section 35, Rule 138 of the Revised Rules of
Court and Rule 5.07 of the Code of Judicial
Conduct prohibit a judge from engaging in the
private practice of law as a member of the bar
giving professional advice to the clients. In the
case of (De Castro vs Capulong, 118 SCRA 5)
the Supreme Court Ruled that a judge who
merely acted as a witness to a document and who
explained to the party waiving his rights of
redemption over the mortgaged property and the
consequence thereof, does not engage himself in
the practice of law. This appears to be more
applicable to the case of Judge Maawain. He did
not give professional advice in anticipation of
litigation. He was just asked to review was a
deed of extrajudicial settlement of estate. He
signed merely as an instrumental witness and not
as a legal counsel.