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CODE OF PROFESSIONAL
Suggested Answer:
RESPONSIBILITY The decision of the Supreme Court in the
case of Hernandez v. Go, A.C. 1526,
Question No. 22 (2010). Canon 1 /
January 1, 2005, is squarely applicable to
Rule 1.01
this problem. Under the same set of facts,
the Supreme Court held the lawyer to
A retired member of the Judiciary is
have violated Canons 16 and 17 of the
now engaged in private practice. In
Code of Professional Responsibility, which
attending hearings, he uses his car
provide as follows:
bearing his protocol plate which was
Canon 16. A lawyer shall hold in
issued to him while still in the
service. trust all moneys and properties of
his client that may come into his
Pass on the ethical aspect of the possession.
judge’s use of the protocol plate. Canon 17. A lawyer owes fidelity to
(2%) the cause of his client and he shall
be mindful of the trust and
SUGGESTED ANSWER: confidence reposed in him.
Absent any express prohibition to use the
plates by official members of the bench, it When attorney D acquired the properties
is still imprudent, if not unethical for the of his client, he did not only violate these
judge to use of his protocol plate after his canons but also Article 1491 of the Civil
retirement since he no longer holds that Code, which prohibits him to acquire by
position. purchase even at a public auction or
judicial auction, property of his clients the
The CPR enjoins respect for law which sale of which has been entrusted to him
extend to the society, the legal profession unless the consent of the client has been
and to the court. Rule 1.01 prohibits given.
lawyers from deceit which in turn involves
misrepresentation which can he implied if
the plates are used after retirement. Question No. 3. (2007). Canon 18 of
the CPR (10%)
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Question No. 1. (2008). Code of Canon 14, Rule 14.01 of CPR states that
Professional Responsibility, Canon “a lawyer shall not decline to represent a
19, 21, & 14 person solely on account of the latter's
race, sex. creed or status of life, or
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because of his own opinion regarding the transaction is in no way connected to its
guilt of said person.” prior relationship with Acaramba.
already. Once a case has been decided, it The refusal is not justified. The transfer of
is already open for public consumption the land to Laarni would not violate
hence anyone can criticize or make Article 1491 of the Civil Code because
known their opinions regarding the said article does not cover contingent fee
conclusion of the case. agreements. This is because in a
Question No.4 (2008). Code of contingent fee agreement a transfer
Professional Responsibility, Canon would only occur in case a favorable
20) judgment is obtained. Further, the case
reached the Supreme Court which means
Chester asked Laarni to handle his that Laarni spent so much time on the
claim to a sizeable parcel of land in case and much of her skills were
Quezon City against a well-known demanded hence the 150 million is a fair
property developer on a contingent and reasonable fee.
fee basis. Laarni asked for 15% of
the land that may be recovered or
15% of whatever monetary
settlement that may be received
from the property developer as her
only fee contingent upon securing a
favorable final judgment or Question No.5 (2008). Code of
compromise settlement. Chester Professional Responsibility, charging
signed the contingent fee lien)
agreement.
The vendor filed a case against the
a. Assume the property developer vendee for the annulment of the sale
settled the case after the case was of a piece of land.
decided by the Regional Trial Court
in favor of Chester for P1 Billion. a. Assume the vendee obtained a
Chester refused to pay Laarni P150 summary judgment against the
Million on the ground that it is vendor. Would the counsel for the
excessive. Is the refusal justified? defendant vendee be entitled to
Explain. (4%) enforce a charging lien? Explain.
(4%)
Suggested Answer:
Yes, the refusal is justified. Canon 20 of Suggested Answer:
the CPR states that “a lawyer shall charge No, vendee's counsel would not be
only fair and reasonable fees.” Although entitled to enforce a charging lien. A
under a contingent fee agreement charging lien to be enforceable there
lawyers are entitled to greater must be a judgment for money. In the
remuneration because of the possibility of case at bar, there was no mention of a
receiving nothing at all, the fee charged judgment for money in favor of the
must still be fair, reasonable and vendee thus vendee's counsel cannot
conscionable. In this case, the 150 million enforce a charging lien. However, if there
fee is excessive and unconscionable. would be a judgment for money vendee's
counsel would be entitled to enforce the
b. Assume there was no charging lien.
settlement and the case eventually
reached the Supreme Court which b. Assume, through the excellent
promulgated a decision in favor of work of the vendee’s counsel at
Chester. This time Chester refused the pre-trial conference and his
to convey to Laarni 15% of the wise use of modes of discovery,
litigated land as stipulated on the the vendor was compelled to move
ground that the agreement for the dismissal of the complaint.
violates Article 1491 of the Civil In its order the court simply
Code which prohibits lawyers from granted the motion. Would your
acquiring by purchase properties answer be the same as in question
and rights which are the object of (a)? Explain. (3%)
litigation in which they take part
by reason of their profession. Is Suggested Answer:
the refusal justified? Explain. (4%) Vendee's counsel would still not be
entitled to enforce a charging lien. A
Suggested Answer: dismissal on motion of the plaintiff would
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gathering information and securing the removal of the member in the Roll of
documents for other lawyers is within the Attorneys.
scope of practicing law. A suspended
lawyer is temporarily prohibited to
practice the legal profession therefor he Question No. 9. (2008). Code of
cannot engage in the mentioned acts. Professional Responsibility, Canon 3.
Answer: Answer:
In the case of Quiambao vs Bamba the SC YES. A witness is distinct and different
held that “developments in jurisprudence from the adverse party. The rule earlier
have particularized various tests to enunciated does not include permission
determine whether a lawyer’s conduct to interview the adverse party without the
lies within this proscription. One test is consent of his counsel. This is supported
whether a lawyer is duly-bound to fight by Canon 9 of the Canons of Professional
for an issue or claim in behalf of one Ethics.
client and, at the same time, to oppose
that claim for the client. Thus, if a
lawyer’s argument for one client has to Question No. 18 (2009) Rule 7.03,
be opposed by that same lawyer in Canon 7, Chapter 2, CPR
arguing for the other client, there is a
violation of the rule. Atty. Hype, a bachelor, practices law
in the Philippines. On long
Another test of inconsistency of interests weekends, he dates beautiful
is whether the acceptance new relation actresses in Hong Kong. Kristine, a
would prevent the full discharge of the neighbor in the Philippines, filed with
lawyer’s duty of undivided fidelity and the Supreme Court administrative
loyalty to the client or invite suspicion of complaint against the lawyer
unfaithfulness or double-dealing in the because of sex videos uploaded
performance of the duty. through the internet showing Atty.
Hype’s sordid dalliance with the
Still another test is whether the lawyer actresses in Hong Kong.
would be called upon in the new relation
to use against a former client any In his answer, Atty. Hype (1)
confidential information acquired through questions the legal personality and
their connection or previous interest of Kristine to institute the
employment”. complaint and (2) insists that he is a
bachelor and the sex videos relate to
his private life which is outside
Question No. 15. (2009). Canon 39 public scrutiny and have nothing to
and Canon 9 of the Canons of do with his law practice.
Professional Ethics.
Rule on the validity of Atty. Hype’s
Atty. Manuel is counsel for the defense. (5%).
defendant in a civil case pending
before the RTC. After receiving the Suggested Answer:
plaintiff’s Pre-Trial Brief containing The first defense does not lie because the
the list of witnesses, Atty. Manuel legal personality and interest of Kristine
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perjury, since a lawyer must impress while he was away despite JJ’s
upon his client to obey the law. If he repeated demands.
cannot convince him, then the CPR
directs him and gives him a ground to Upon his return to the Philippines,
discontinue his services. (Rule 15.07, Atty. XX still failed to settle his
CPR). Prudence and practice show rental arrearages and electric bills,
that it may not be in his best interest drawing JJ to file an administrative
to be the one to reveal to the judge complaint against Atty. XX.
that Vicente will commit perjury on
the witness stand since this Atty. XX contended that his non-
revelation lies outside the Attorney- payment of rentals and bills to his
Client privilege. cousin is a personal matter which
has no bearing on his profession as a
lawyer and, therefore, he did not
Question No. 22 (2009). Rule 13.01, violate the Code of Professional
Canon 13, CPR Responsibility.
Atty. Y posits that as lawyer for the Atty. Monica Santos-Cruz registered
down-trodden laborers, he is entitled the firm name “Santos-Cruz Law
to express his righteous anger Office” with the Department of Trade
against the Commissioners for and Industry as a single
having cheated them; that his proprietorship. In her stationery, she
allegations in the Motion for printed the names of her husband
Reconsideration are absolutely and a friend who are both non-
privileged; and that proscription lawyers as her senior partners in
against the use of abusive language light of their investments in the firm.
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She allowed her husband to give out cultivating familiarity with judges. In
calling cards bearing his name as playing golf regularly with judges,
senior partner of the firm and to familiarity will certainly arise and whether
appear in courts to move for or not they discuss cases is a non-issue.
postponements.
Case law has it, constant company with
Did Atty. Santos-Cruz violate the lawyer tends to breed intimacy and
Code of Professional Responsibility? camaraderie to the point that favors in
Why? (3%) the future may be asked from the judge
which he may find hard to refuse. (Padilla
SUGGESTED ANSWER: v. Zantua Jr.)
Yes. The CPR clearly provides that a
lawyer shall not, directly or indirectly,
assist in the unauthorized practice of law. Question No, 8 (2010). Canon 16.03.
(Canon 9)
For services to be rendered by Atty.
Clearly the husband and friend are non- Delmonico as counsel for Wag Yu in a
lawyers who cannot be partners in a law case involving 5,000 square meters
from otherwise it constitutes (sq.m.) of land, the two agreed on a
unauthorized practice of law. Similarly, success fee of P50,000 plus 500
Rule 9.01 states- A lawyer shall not sq.m. of the land.
delegate to any unqualified person the
performance of any task which by law The trial court rendered judgment in
may only be performed by a member of favor of Wag Yu which became final
the bar in good standing. and executory.
Question No. 3 (2011) Canon Law, asked Sheryl not to allow any further
Rule 20 postponements because his case has
been pending for 8 years. When trial
resumed, Bernadine moved to reset
the trial because of her infant's
Atty. Francisco’s retainer agreement ailment. What must Sheryl do?
with RXU said that his attorney's
fees in its case against CRP "shall be
15% of the amounts collected." Atty.
Francisco asked the trial court to Answer:
issue a temporary restraining order
against CRP but this was denied, (A) Remind the Court that it has the
prompting him to file a petition for duty to promptly decide the case.
certiorari with the Court of Appeals
to question the order of denial. At (B) Interpose no objection since
this point, RXU terminated Atty. she too once sought postponement
Francisco’s services. When the without Bernadine's objection.
parties later settled their dispute
amicably, CRP paid RXU P100 million. (C) Vehemently oppose Bernadine's
Because of this, Atty. Francisco came motion for being contrary to Eric's
around and claimed a 15% share in wishes.
the amount. What should be his
attorney’s fees? (D) Submit the motion to the
Court's sound discretion.
Answer:
(A) No, since his fees are excessive. (B) No, because Atty. Arthur would
have violated the rule on forum
(B) Yes, since he was merely shopping.
asserting his right to collect his
fees. (C) Yes, because Atty. Chito’s
retainer and authority remained
(C) Yes, since he would anyway valid until 17 April 2006.
give the excess to his client after
getting his fees. (D) No, because Atty. Chito has the
duty to expose the irregularities
(D) No, since he did not committed by the members of
disclose to his client the matter Faction B.
of getting a charging lien and a
writ of execution in his name.
Emily claimed that her injuries were his personal check to his client,
serious when Atty. Jose knew that less his fees.
they were not. Still, Atty. Jose did not
contest such claim. Ferdie later sued (C) Turn over the cash to his client
Emily for giving false testimony since with a request that the latter pay
her own doctor’s report contradicted him his fees.
it. He also sued Atty. Jose for foisting
a false testimony in court. Is Atty. (D) Tell his client about the
Jose liable? settlement and the cash and wait
for the client's instructions.
Answer:
In settling his client's claims, Atty. (B) Yes, but she must notify Lenie
Cruz received from the adverse party before accepting the case.
P200,000 in cash for his client. Which
of the following is an IMPROPER way (C) No, because her duty to
for Atty. Cruz to handle the money? keep the confidences of
previous clients remains.
(A) Withdraw from the case to (C) No, because he acted in good
temper the client’s propensity faith with a view to a possible
to litigate. retainer.
(D) Yes, because she should have Which of the following instances
offered her services for free. demonstrates counsel’s LACK of
diligence in serving his client's
interest?
extensions upon the excuse (D) Yes, even if the judge may have
that the client did not actually made unfair rulings in the
coordinate with him. course of trial.
Answer:
Question No. 37 (2011), Canon Law,
Rule 8 (A) Counsel's desire to withdraw,
expressed in his motion.
Answer:
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Answer:
Question No. 42 (2011), Canon Law,
Rule 16 (A) Yes, because his article
obstructs and degrades the
administration of justice.
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Answer:
Atty. Ramon borrowed his client's (A) Treating his client’s disclosures
(Menchu) land title. After eight as confidential but not the
months, Menchu demanded its documents he submits for review.
return but he failed to comply and
changed his residence. After Menchu (B) Meeting with his client’s
tracked him down, she confronted opponent over lunch to discuss
him about the title. He then offered settlement without telling his
to just buy the property and gave client.
her five checks for it but these
bounced. Charged with malpractice, (C) Accepting a tough case
Atty. Ramon answered that his although he is new in practice,
license to practice law cannot be in trusting that his diligence
issue. He merely incurred civil would make up for lack of
liability for a failed transaction. Will experience.
the malpractice action prosper?
(D) Inviting the judge hearing the
case to dinner with no purpose to
discuss the case with him.
Answer:
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SUGGESTED ANSWER:
SUGGESTED ANSWER:
If I were Atty. Bravo I shall promptly call
upon Carlos Negar, my client, to rectify Motion denied. The motion should be
his perjured testimony by recanting the denied because Atty. Roto did not learn of
same before the court. the bribery and falsification in connection
with a lawyer-client relation. Being a
Should he refuse or fail to do so I shall corporate secretary does not create a
then terminate my relationship with him lawyer-client relation because
(Code of Professional Responsibility, membership in the Bar is not a
Canon 19, Rule 19.02) stating that with requirement to perform functions of a
his having committed perjury he pursued corporate secretary. Consequently, Atty.
an illegal conduct in connection with the Roto does no owe any obligation of
case (Ibid., Canon 22, Rule 22.01). confidentiality to the corporation.
Since my client Limot refuses to forego Atty. Roto may be compelled to testify. As
the advantage thus unjustly gained as a an officer of the court, a “lawyer shall
result of his perjury, I should promptly exert every effort and consider it his duty
inform the injured person or his counsel, to assist in the speedy and efficient
so that they may take the appropriate administration of justice” (Code of
steps (Canons of Professional Ethics, Professional Responsibility, Canon 12).
Canon 41). Furthermore, “a lawyer owes candor,
fairness and good faith to the court”
Finally, as part of my duty to do no (Ibid., Canon 10).
falsehood, nor consent to the doing of
any in court (Code of Professional ALTERNATIVE ANSWER
Responsibility, Canon 10, Rule 10.01, and
the Attorney’s Oath). I shall file a Motion granted. It is true that being a
manifestation with the court attaching corporate secretary does not necessarily
thereto the notice of termination as constitute a lawyer-client relation.
Limot’s counsel. However, Atty. Roto may be considered in
the practice of law if part of his duties as
a corporate secretary is to give legal
Question No. 2 (2013). Canon 12. advice to or prepares legal documents for
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Atty. Roto learned from the company He has likewise violated the ethical
president of the bribery and falsification, responsibility that his appearance in court
while Atty. Roto was in the course of his should be deemed equivalent to an
performance of his duties as corporate assertion on his honor that in his opinion
secretary. Thus, he could not be his client’s case is one proper for judicial
examined in that matter without the determination (Canons of Professional
consent of his client (Ibid., Rule 130, Sec. Ethics, Canon 30, 2nd par., last sentence).
24(b)).
In counselling on the contradictory
positions, Atty. Doblar has likewise
Question No. 4 (2013). Canon 1 counseled or abetted activities aimed at
defiance of the law or at lessening
Atty. Doblar represents Eva in a confidence in the legal system (Code of
contract suit against Olga. He is also Professional Responsibility, Canon 1, Rule
defending Marla in a substantially 1.02) because conflicting opinions may
identical contract suit filed by Emma. result arising from an interpretation of the
In behalf of Eva, Atty. Doblar claims same law.
that the statute of limitations runs
from the time of the breach of the Atty. Doblar could not seek refuge under
contract. In the action against Marla, the umbrella that what he has done was
Atty. Doblar now argues the reverse in protection of his clients. This is so
position – i.e., that the statute of because a lawyer’s duty is not of his
limitation does not run until one year client but to the administration of justice.
after discovery of the breach. To that end, his client’s success is wholly
subordinate. His conduct ought to and
Both cases are assigned to Judge must always be scrupulously observant of
Elrey. Although not the sole issue in the law and ethics (Ernesto Pineda, LEGAL
the two cases, the statute of AND JUDICIAL ETHICS, 211 (1999), citing
limitations issue is critical in both. Maglasang v. People, G.R. No. 90083,
October 4, 1990).
Is there an ethical/professional
responsibility problem in this Any means, not honorable, fair and
situation? If a problem exists, what honest, which is resorted to by the
are its implications or potential lawyer, even in the pursuit of his devotion
consequences? (8%) to his client’s cause , is condemnable and
unethical (Ibid.).
Did Judge Cerdo and Atty. Cocodrilo His purchase of a condominium unit from
commit any act of impropriety or the developer might be interpreted by
violate any law for which they should some quarters as a consideration for his
be held liable or sanctioned? (8%) having decided the case in favor of the
defendant developer.
SUGGESTED ANSWER:
Familiar is the maxim, Non omne quod (D) It must be concurred in by each
licet honestum est (Not everything that is member of the Bar Association to
legal is ethical). Judges, like Judge Cerdo have any binding force.
should be free of any whiff of impropriety.
Judges shall avoid impropriety and the
(E) It is unethical because the Bar
appearance of impropriety in all of their
activities (New Code of Conduct for the Association already prejudged Vito.
Philippine Judiciary, Canon 4, Sec. 1).
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(A) Beg off from giving any advice represented them in court in a case
because it is a situation that is not involving a car accident and in the
purely legal. purchase of their family home, for
which they formally paid the
(B) Advise Wanda on the purely attorney’s fees that Diana billed.
legal side of her problem and
assure her that abortion is allowed
by law if the pregnancy endangers
the life of the mother. In this instance, Wanda asked about
her legal rights but did not formally
(C) Advise that it is a religious ask for a written opinion from Diana.
problem before it is a medical or Horacio never had any input on the
legal one, and Wanda should query as he was then away on an
consult and follow the advice of her out-of-town trip for his office.
religious confessor.
Based on the same facts as Question (C) No. The decision on whether or
XIV, assume that Diana, aside from not to have an abortion lies solely
being a family friend of the couple, with Wanda; it is her body and
has been formally and informally health that is in issue.
acting as their lawyer in all their
personal and family affairs. She has
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(D) No. Horacio and Wanda are asks you, as a former law firm
married, any advice given to member, if you can help strengthen
Wanda is deemed to have been the prosecution’s case and hints that
given to Horacio as well. you, too, may be impleaded as a co-
defendant if you do not cooperate.
(E) No. Giving advice to Wanda is
not necessarily acting against
Horacio’s interest; Diana was
giving advice based on the couple’s What is your best legal and ethical
best interest. course of action? (1%)
SUGGESTED ANSWER:
Answer:
(A) Yes. The decision of whether to
have an abortion should be decided (A) Offer to testify on what you
by both spouses; thus, Diana should know and provide evidence against
not have provided legal advice in the the defendants in exchange for a
absence of Horacio whose concerns guarantee of immunity from
and positions are unknown to her prosecution in the case.
(Code of Professional Responsibility,
Canon 15). (B) Offer to provide evidence
against Santino, but clarify that you
Or cannot testify against Santino
because of the privileged
(C) No. The decision on whether or communications rule
not to have an abortion lies solely
with Wanda; it is her body and health (C) Decline to testify against the
that is in issue (Code of Professional defendants and to provide
Responsibility, Canon 5 and Canon evidence in the case as the
18); (Reproductive Health Law). attorney-client privilege lasts even
beyond the termination of the
relationship.
Under the same essential facts as (E) Alert the law firm to the
the preceding Question XVI, assume prosecution’s offer so that they can
that you have resigned from ABLE prepare for the evidence within
Law Office and that you were never your knowledge that the
impleaded as a co-defendant, but prosecution may use.
during your stay with the firm, you
assisted in handling the Cobra Co.
account, which is largely owned by SUGGESTED ANSWER:
Cable Co.
(C) Decline to testify against the
defendants and to provide evidence
in the case as the attorney-client
The prosecutor handling the case privilege lasts even beyond the
against Santino and the law firm termination of the relationship (Code
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HE can collect his fees either (A) Yes, the client is entitled to
by filing a motion in the annulment have as many lawyers as he can
of marriage case that he handled, afford. Professional courtesy,
and to order M to pay the same, or however, demands that a lawyer
he can file a separate action for the retained as a collaborating counsel
recovery of his attorney’s fees. Of should at least communicate with
the two, the first is preferable the original counsel before entering
because the judge in the annulment his appearance. On the part of the
case will be in a better position to original counsel , he should not look
evaluate the amount and value of his at the employment of a collaborating
services. In the meantime, he may counsel as a loss of confidence in
avail of the retaining lien, which is to him.
retain the moneys and properties of (B) If the client insists on retaining
M in his possession until he is paid a collaborating counsel over and
for his services, or a charging lien, above the objection of the original
which is to charge any money counsel, the latter may withdraw his
judgment in the case for the services when his inability to work
payment of his fees.Will a lawyer with co-counsel will not redound to
violate the Code of Professional the best interest of the client (Rule
Responsibility if he forms a partnership 22.01, Code of Professional
with professionals of other disciplines like Responsibility).
doctors, engineers, architects or
accountants? Explain your answer.
Question No. 24 (2014) Code of
SUGGESTED ANSWER: Professional Responsibility
(A) May an attorney talk to his witnesses
He may form a partnership with before and during the
other professionals as long as it is
not for the practice of law. Canon No. trial? Explain.
9 of the Code of Professional (B) In case of postponement of the trial,
Responsibility (CPR) provides that “a whose decision should
lawyer shall not directly or indirectly prevail – the client or his attorney?
assist in the unauthorized practice of Explain the governing rule. (4%)
law.” Paragraph 3 of Canon 33 of the
Code of Professional Ethics which is SUGGESTED ANSWER:
suppletory to the CPR, expressly
provides that “partnership between
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Depending on the extent of the criticism Rule 5.10 of the Code of Judicial Conduct
and the language used, he may thus be provides that a Judge is entitled to
administratively liable for simple entertain personal views on political
misconduct. A judge should so behave at questions, but to avoid suspicion of
all times as to promote public confidence political partisanship a judge shall not
in the integrity and impartiality of the make political speeches, contribute to
judiciary. party funds, publicly endorse candidates
for political office or participate in other
partisan political activities.
Question No. 12 (2010). Rule 3.12.
The rule above does not make kinship an
Rebecca’s complaint was raffled to exemption from compliance with the
the sala of Judge A. Rebecca is a prohibition.
daughter of Judge A.’s wife by a
previous marriage. This is known to
the defendant who does not,
however, file a motion to inhibit the Question No. 6 (2011), Code of
Judge. Judicial Conduct, Rule 3.12
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Pilita. Judge Florante insisted that he denied the charges and asserted that
committed no wrong since the any error in his judgment is
proceeding was non-adversarial and correctible only by an appeal, not by
since it merely sought to correct an an administrative suit. Should Judge
erroneous entry in the child’s birth Rudy be disciplined?
certificate. Is Judge Florante liable?
Answer:
Answer:
(A) No, because Agnes'
(A) Yes, because Florante complaint is merely based on
breached the rule on suspicions and speculations.
mandatory disqualification.
(B) No, because Agnes has yet to
(B) No, because Judge Florante has establish that Rudy's decision is
no pecuniary interest in the plainly erroneous.
proceeding.
(C) Yes, because he gravely abused
(C) No, because it is true the his discretion in recalling the entry
proceeding was non-adversarial so of judgment.
it prejudiced no one.
(D) Yes, because reconsidering the
(D) Yes, since the correction in the judgment of conviction that the
child’s record affects the details of MTC and he earlier issued shows
birth of the child. anomaly in Judge Rudy's action.
On appeal, RTC Judge Rudy affirmed Judge Cristina has many law-related
the MTC’s conviction of Lorna for activities. She teaches law and
violation of the bouncing checks law delivers lectures on law. Some in the
and awarded Agnes, the government consult her on their
complainant, Php1.6 million in legal problems. She also serves as
damages. Two years later, upon director of a stock corporation
Lorna’s motion and after devoted to penal reform, where she
ascertaining that her counsel never participates in both fund raising and
received the court's decision, Judge fund management. Which of the
Rudy recalled the entry of judgment following statements applies to her
in the case, reversed himself, and case?
absolved Lorna of guilt. Claiming an
unjust judgment, Agnes filed an
administrative complained against
Judge Rudy, saying that it is plain
from the circumstances that he
connived with Lorna, her counsel, Answer:
and the handling prosecutor. But she
offered no further evidence. Rudy
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Answer:
One of the foundation principles of (A) Yes, unless the cards were
the Bangalore Draft of the Code of given to her as a gift.
Judicial Conduct is the importance in
a modern democratic society of (B) No, because all she stated in
her business cards are true.
(A) Hearing and adjudicating cases (D) Yes, because nothing connects
is an important job. his desire to be clarified with the
questions he asked.
(B) Courts are made for litigants.
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mandatory ground for his inhibition. Castillo v. Juan, 62 SCRA 124, a judge
However, Section 2, Canon 3 of the spoke to the complainants in two
New Code of Judicial Conduct for the rape cases in his chamber before
Philippine Judiciary provides that trial, and advised them to settle
judges should disqualify themselves their cases with the accused because
from participating in any proceeding their evidence was weak. The
in which “it may appear to a Supreme Court found the conduct of
reasonable observer that they are
the judge to be violative of duty of
unable to decide the matter in
impartiality. The court stated that
partially.” The Supreme Court has
the judge should avoid any conduct
advised that a judge “should
exercise his decision in a way that that casts doubt on his impartiality.
the people’s faith in the courts of It is not merely a matter of judicial
justice is not impaired” (Pimentel v. ethics. It is impressed with
Salanga, [21 SCRA 160, Sept. 18, constitutional significance.
1957]). While it may not be (B) B’s lawyer could move for the
reasonable to believe that Judge disqualification or inhibition of the
Braso cannot be impartial because judge, and if he refuses to inhibit,
his wife used to work as a Junior his refusal can be raised to a higher
Executive of Khristopher Company, court by certiorari.
the better part of prudence would
dictate that he inhibit himself from
the case involving the said company.
SUGGESTED ANSWER:
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the notary public’s office and territorial Question No. 8 (2011), Notarial law
jurisdiction.
Answer:
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(A) Notarizing a verification and (D) Yes, since Alex had a valid
certification against forum identification document.
shopping in Manila Hotel at the
request of his Senator-client.
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SUGGESTED ANSWER:
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(B) No, because he is not yet a bar (A) they handle cases of their
reviewer. constituents for free.
(C) Yes, since by April 2013, he will (B) the Local Government Code
have been teaching law for more prohibits them from practicing
than 10 years. their profession.
(D) Yes, since he updated himself in (C) they are rendering public
law by engaging in teaching. service.
his attendance at the MCLE sessions When does the initial MCLE
so he could be credited with the compliance period of a newly
required qualifying attendance. He admitted member of the bar begin?
would also ask them to secure the
printed handouts and the lecturers’
CDs, all of which he studied in his
free time. Answer:
(A) required to make up for his (D) On the first year of the next
absence by attending lecture succeeding compliance period.
sessions in other MCLE providers
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a. Yes, since he lost in the assails the decision, saying that there was
election. a violation of due process because he was
allowed to appear by himself and he did
b. No, because he was not know that Consented Abduction is a
deemed resigned upon crime. Decide.
filing of his certificate of
candidacy. a. An accused before the RTC
may opt to defend himself in
person and he cannot fault
c. Yes, because his position as
others for his decision.
Treasurer is coterminous
with the President of the I
b. The RTC should have
BP.
appointed a counsel de oficio
to assist the accused even if
d. No, because he should first not sought or requested by
seek the approval of the IBP the accused.
Board of Governors before
running as Brgy. Chairman. c. There was violation of due
process. There is disparity
Atty. Magtanggol of the PAO was between the expertise of a
assigned to defend X who is accused of public prosecutor and the
Slight Physical Injury before the MTC of a inexperience of a 2nd year
far-flung town. During the trial, P02 Tulco law student.
appeared in court on behalf of the
complainant. Atty. Magtanggol objected d. A 2nd year law student has
to his appearance since the policeman is sufficient knowledge of
not a member of the Bar. criminal law and procedure,
hence, he is competent to
a. The objection is valid. It defend himself.
should be the public
prosecutor who should RTC Judge Bell was so infuriated by the
prosecute the criminal conduct of Atty. X who conveniently
action. absents himself when his clients do not
pay his appearance fee in advance. Atty.
b. Atty. Magtanggol is just X also uses disrespectful and obscene
language in his pleadings . . At one
afraid that his client may be
point, when his case was called for
convicted through the
hearing, Atty. X did not appear for his
efforts of a non-lawyer.
client although he was just outside the
door of the court room. Judge Bell
c. In the courts of a directed the client to summon Atty. X,
municipality, a party may but the latter refused. Judge Bell then
conduct his litigation in issued an Order directing Atty. X to
person or with the aid of an explain why no disciplinary action shall
agent or friend. be imposed on him for this misconduct
but he refused the directive. Decide.
d. If a public prosecutor is not
available, at least a private a. RTC Judge Bell can suspend
prosecutor who must be a Atty. X from the practice of law
lawyer should be before his sala.
designated.
b. The case of Atty. X can be
dismissed due to non-
appearance of counsel even
Bong Tupak, a second year law student, though the party was present.
was charged in the RTC for Forcible
Abduction with Rape. Having knowledge of c. The hearing of the case should
criminal law and procedure, he dismissed be rescheduled in the interest
the counsel de oficio assigned and of justice.
appeared for himself. He asserted that
there was lack of force. Eventually, the RTC d. The court can admonish the
found him guilty of Consented Abduction client for the unprofessional
and imposed the penalty. Bong Tupak now
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conduct of his lawyer and ask and default in such payment for one
him to change his lawyer. year shall be a ground for the
removal of the name of delinquent
Question No. 30 (2014) MCLE
member from the Roll of Attorneys.”
(A) Can a lawyer who lacks the number
of units required by the Mandatory Hence, a lawyer who is in arrears in
Continuing Legal Education (MCLE) Board the payment of his IBP dues may still
continue to practice his profession? practice his profession until he is
(B) May a lawyer be held liable for suspended and/or disbarred.
damages by his client for the lawyer’s
failure to file the necessary pleadings to
prosecute the client’s 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? RULES OF COURT
Question No. 1 (2007), Lawyers Oath
SUGGESTED ANSWER: (10%)
(A) He can, but they will be unable What are the duties of an attorney?
to comply with Bar Matter No. 1922
Suggested Answers:
which requires that every pleading
Per the Attorney’s Oath:
filed in court or a quasi-judicial body 1. To maintain allegiance to the
shall contain an annotation of the Republic of the Philippines;
number and date of their MCLE 2. To support its Constitution;
compliance, otherwise, their 3. To obey the laws as well as the
pleadings will be expunged and their legal orders of the duly constituted
cases dismissed. They will also be authorities therein;
4. To do no falsehood, nor consent to
listed as delinquent members of the
the doing of any in court;
Integrated Bar of the Philippines, 5. To avoid wittingly or unwittingly
and the IBP Board of Governors can promoting or suing any groundless,
recommend their suspension or false or unlawful suit, nor give aid
disbarment to the Supreme Court. or consent to the same;
Until then, they can continue to 6. To delay no man for money or
malice;
practice law but cannot file pleadings
7. To conduct himself as a lawyer
in court or quasi-judicial bodies. according to the bets of his
(B) Yes, he may be held liable, Rule knowledge and discretion with all
18.03 of the Code of Professional good fidelity well to the courts as
Responsibility provides that “a to his clients
lawyer shall not neglect a legal
matter entrusted to him, and his Per Section 20, Rule 138 of the Rules of
negligence in connection therewith Court:
1. To maintain the allegiance to the
shall render him liable”. But
Republic of the Philippines;
attorney-client relationship, want of 2. To maintain the respect due to the
reasonable care and diligence, and courts of justice and judicial
injury sustained by the client as the officers;
proximate result thereof, are the 3. To counsel or maintain such actions
prerequisites to the maintenance of or proceedings only as appear to
an action for damages against a him to be just, and such defenses
only as he believes to be honestly
lawyer.
debatable under the law;
(C) Sec. 10, Rule 139-A of the
4. To employ, for the purposes of
Rules of Court provides that “default maintaining the causes confided to
in the payment of annual dues for him, such means only as are
six months shall warrant suspension consistent with truth and honor,
of members in the Integrated Bar, and never seek to mislead the
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(E) To respect the courts and hands. The lien exists only so long as the
uphold the dignity of the attorney’s retains possession ends. (De
profession. Caina vs. Victoriano)
Answer:
A lawyer to insure the payment of his Question No. 20 (2009). Section 27,
professional fee is either to retain the Rule 138
funds, documents, and papers of his
client which may have lawfully come into Atty. Simeon persuaded Armando,
his possession, or to enforce it upon any Benigno and Ciriaco to invest in a
judgement for the payment of money he business venture that later went
may secure in favor of his client. And it bankrupt Armando, Benigno and
has been held that the retaining lien is Ciriaco charged Atty. Simeon with
dependent upon possession and does not estafa. Simultaneously, they filed an
attach to anything not in attorney’s
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the IBP upon the verified complaint of any Arabella filed a complaint for
person. disbarment against her estranged
husband Atty. P on the ground of
The case at bar shows a complaint by an immorality and use of illegal drugs.
anonymous person which the Supreme
Court, may or may not take cognizance After Arabella presented evidence
of. Should the SC act in the affirmative, it and rested her case before the
would normally direct the IBP to Investigating Commissioner of the
investigate, verify the allegations and IBP Committee on Bar Discipline, she
thereafter file the verified complaint, filed an Affidavit of Desistance and
subject to the right of the attorney to be motion to dismiss the complaint, she
heard before any removal or suspension and her husband having reconciled
under Rule 138. for the sake of their children.
Answer:
SUGGESTED ANSWER:
(D) is not allowed because the full The following additional objection should
payment of docket fee is not result to a deduction nor should an
absence of the additional objection also
jurisdictional (Rules of Court, Rule
result to a deduction].
141, Sec. 1).
B. If light threats would be filed against
him, then another potential objection
would be the pendency of charges
Question No. 3 (2013). Rules of Court
against him, involving moral turpitude
Rule 138
(Rules of Court, Rule 138, Sec. 2).
Miguel Jactar, a fourth year law
The question states, “Under these facts,
student, drove his vehicle recklessly
list and justify the potential objections
and hit the rear bumper of Simplicio
that can be made against Jactar’s
Medroso’s vehicle. Instead of
admission to the practice of law.”
stopping, Jactar accelerated and
sped away. Medroso pursued Jactar
The question requires that an assumption
and caught up with him at an
be made that Jactar has passed the Bar
intersection.
Examination and is about to take his oath
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as an attorney. It is suggested that the cause (Sec. 26, Rule 138, Rules of
better question should have been: “Under Court)
these facts list and justify the potential
objections that can be made against
Jactar’s being admitted to take the Bar
Examination.” MISCELLANEOUS
Question No. 4. (2007).
Question No. 6 (2014) Rule 138 of
the Rules of Court When is recovery of attorney's fees
based on quantum meruit allowed?
Atty. D was required by Judge H of (10%)
the Regional Trial Court (RTC) of Manila to
show cause why he should not be Suggested Answer:
punished of contempt of court for The recovery of attorney’s fees on
shouting invectives at the opposing quantum meruit is allowed in the
following circumstances:
counsel and harassing his witness.
1. When there is no agreement as to
Assuming that there was sufficient cause attorney’s fees.
or ground, may Judge H suspend Atty. D 2. When the agreement as to
from the practice of law? If Judge H finds attorney’s fees is invalid for some
that the actuations of Atty. D are grossly reason other than the illegality of
unethical and unbecoming of a member the object of the performance.
of the bar, may judge H disbar Atty. D 3. When the attorney and the client
disregard the contract for
instead? Explain your answer. (5%)
attorney’s fees.
4. When the amount of the attorney’s
SUGGESTED ANSWER:
fees is found to be unconscionable
Under Section 28, Rule 138 of (Section 24, Rule 138 of the Rules
of Court).
the Rules of Court, a Regional Trial
5. Where the stipulated fees are in
Court may suspend a lawyer from the
excess of what is expressly fixed by
practice of law for any of the causes law.
provided in Section 27, until further
action of the Supreme Court, but it
may not disbar him, for any of the Question No. 3 (2009) Practice of
Supreme Court can disbar a lawyer Law -Legal Concepts (Bienvenu v.
pursuant to its constitutional power Factor’s of Traders Insurance Cp., 33
to admit persons to the practice of La.Ann.209)
law.
An attorney ad hoc is a lawyer
appointed by the court to represent
an absentee defendant in suit in
Question No. 20 (2014) Rules Of
which the appointment is made.
Court (True or False)
B hired Atty. Z to file a replevin case Answer:
against C for an agreed acceptance fee of TRUE
P30,000.00 which was evidenced by a
written contract. After the complaint was
filed by Atty. Z, B terminated his services Question No. 4 (2009) Rule 138.
and hired a new lawyer for the same
What is the object of the bar
amount of attorney’s fees. How much
examinations? Explain
attorney’s fees is Atty. Z entitled to? Answer:
Jurisprudence has provided that “the
SUGGESTED ANSWER: practice is not a right but privilege
bestowed by the State upon those who
Atty. Z is entitled to the entire
show that they possess, and continue to
amount of the attorney’s fees agreed possess, the qualifications required by
upon because his services were law for the conferment of such privilege.”
terminated by the client without just Therefore, in order to stay true with the
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the Division. Is the contention of (C) Yes, because the rulings in his
Justice Juris tenable? Explain. favor have become final and
executory.
Answer:
NO. The contention of Justice Juris is
(D) Yes, since his parents are
untenable. Case law has it had it that
while actions of a case pending in the CA Filipinos based on what he said in
are actions of that court as a collegial his bar exam petition.
body, the 2002 Internal Rules of the Court
of Appeals provides that it is the ponente
who initiates the actions on said motions,
papers and pleadings. Hence, there can
be no action on a motion, paper or any Question No. 10 (2011), Katarungan
other incident except upon prior Pambarangay
instruction of the ponente. He has the
primary responsibility of ensuring that the
pending incidents in a case assigned to
him are properly and promptly acted on.
(Orocio v. Roxas, A.M. nos. 07-115-CA-J Elaine filed a complaint against Fely
and CA-08-46-J, 19 August 2008). before their barangay concerning a
contract that they entered into.
During conciliation, Fely came with
Sarah, who claimed the right to
Question No. 4 (2011), Citizenship
represent her minor sister. The
barangay captain let Sarah assist her
sister. Eventually, the barangay
issued a certificate to file action
Lee became a lawyer in 1988 under a
after the parties failed to settle their
claim that he is a Filipino like his
differences. When Sarah formally
parents. Efren sought Lee’s
appeared as lawyer for her sister,
disbarment on the ground that he
Elaine filed an administrative
really is a Chinese. To prove he is a
complaint against her for taking part
Filipino, Lee cited an Albay regional
in the barangay conciliation and
trial court’s final judgment in an
preventing the parties from taking
action to recover real property which
meaningful advantage of the same.
mentioned his citizenship as Filipino.
Is Sarah liable?
This final judgment resulted in the
correction of his birth records in a
separate special proceeding to show
he is a Filipino, not Chinese as there
Answer:
stated. Is Lee’s claim to Filipino
citizenship valid? (A) No, because she has to
represent her sister who was a
minor.
(A) Yes, because the law allows (D) No, because receipt of
such appearance as long as the compensation is not the sole
government is not the adverse determinant of legal practice.
party.
(D) No, he should have waited for To whom may the Supreme Court
at least a year to avoid refer complaints against lawyers for
improprieties. investigation?
Answer:
(D) Office of the Court Atty. Alfredo Prado from his province
Administrator. who had been dead for years. When
Atty. Armando checked with the
Supreme Court, only one Alfredo
Prado was in the roll of attorneys.
What action can Atty. Armado take
against Vicente who had taken a
Question No. 44 (2011), General dead lawyer’s identity?
Principle (prescription)
Answer:
After several years as a private
practitioner, Ben got appointed as (A) File direct contempt action
Regional Trial Court judge. Five years against Vicente for deceiving the
after his appointment, he received court.
summons directing him to answer a
disbarment complaint that pertained (B) Criminally prosecute
to a document he notarized more Vicente for estafa for making
than 10 years ago from appointment money upon false pretense.
date. He sought the dismissal of the
complaint arguing that the cause of (C) Criminally prosecute Vicente for
action has prescribed. Must the theft of Alfredo's identity and law
complaint be dismissed? practice.
Answer:
(C) Impeachment.
Atty. Alfredo Prado appeared in a
case as legal officer of the Land (D) Disbarment.
Registration Authority (LRA). His
opponent, Atty. Armando, knew an
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(B) No, since John can very well (C) Prepare a judicial affidavit of
represent Luisa, she being in the Yolly’s testimony, which she will
same situation as his own clients. then verify before the court.
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(D) There is no ethical objection to (B) Tell the defendant’s counsel the
her acceptance of the engagement correct amount of damages.
because the case is neither
criminal nor administrative in (C) Offer him a reasonably low
character. amount so that the case can
immediately be settled.
(E) Acceptance of the engagement
should be on condition that Atty. (D) Ask the defendant’s counsel to
Retirada would withdraw if a first submit his negotiating figure.
conflict of interest situation arises.
(E) Play hard-to-get and initially
refuse all the defendant’s
SUGGESTED ANSWER: initiatives to settle.
What is your best legal and ethical Was the IBP’s action correct? (1%)
course of action? (1%)
Answer:
Answer:
(A) No, because default in the
(A) Inflate your proposal to make payment of annual dues only
allowances for a compromise. warrants suspension of Integrated
Bar members.
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The Constitution vests upon the (E) proper because any irregularity
Supreme Court the power to in the payment of the notarial fees
integrate the Philippine bar (Legal does not affect the validity of the
and Judicial Ethics (2009 Ed.), notarization made.
Agpalo, p. 132; Constitution, Art. X,
Sec. 5).
SUGGESTED ANSWER:
(E) proper because any irregularity
in the payment of the notarial fees
does not affect the validity of the
notarization made. (Ocampo v. Land
Bank of the Philippines, G.R. No.
Question No. 4 (MCQ). Irregularity in
164968, July 3, 2009)
the payment of the notarial fees
For hosting the dinner, Atty. Hermano The specific violations of Judge Apestado
acted in contravention of ethical were committed when he allowed himself
standards. A lawyer should refrain from to be convinced by Judge Patron to have
any impropriety which tends to influence the dinner meeting with Atty. Hermano to
or give the appearance of influencing the discuss how the case may be expedited.
court (Code of Professional Responsibility, In performing judicial duties, judges shall
Canon 13). A lawyer shall not extend be independent from judicial colleagues
extraordinary attention or hospitality to, in respect of decisions which the judge is
nor seek opportunity for cultivating obliged to make independently (Ibid.,
familiarity with judges (Ibid. Canon 13, Canon 1, Sec. 3). Finally, in having a
Rule 13.01). Marked attention and dinner meeting with Atty. Hermano who
unusual hospitality on the part of a lawyer has a pending case with his sala, Judge
to a judge, uncalled for by the personal Apestado has exhibited an appearance of
relations on the parties, subject both the impropriety in his activities (Ibid., Canon
judge and the lawyer to misconstruction 4, Sec. 1).
of motive and should be avoided (Canons
of Professional Ethics, Canon 3, 2 nd par.,
1st sentence). Even if the purpose of the Question No. 5 (2013).RA 9225
meeting was merely to “ask advice on
how to expedite the resolution of his Atty. Repatriar, a law school
case,” Atty. Hermano still acted outside of classmate, approached you on your
the bounds of ethical conduct. This is so 25th Class Reunion, with questions
because a lawyer deserves rebuke and on how he can resume the practice
denunciation for any device or attempt to of law in the Philippines. He left the
gain from a judge special personal country in 1977 after two (2) years
consideration or favor. (Ibid., Canon 3, 2nd of initial law practice, and migrated
par., 2nd sentence). to the United States where he was
admitted to the practice of law in the
Both Judge Patron and Judge Apestado State of New York. He asks that you
may be held liable for having the dinner give him a formal legal opinion on
meeting with Atty. Hermano. Judges shall his query.
ensure that not only is their conduct
above reproach, but that it is perceived to Outline briefly the steps and the
be so in the view of a reasonable supporting legal reasons you would
observer (New Code of Conduct for the state in your legal opinion on what
Philippine Judiciary, Canon 2, Sec. 1). Atty. Repatriar should do to resume
Judges shall avoid impropriety and the his Philippine practice. (8%)
appearance of impropriety in all of their
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Answer:
Question No. 5 (2006) Exorbitant
I will authorize Atty. Fernandez to appear Appearance Fees
in my court as a friend of Tony. The Rules Myrna, petitioner in a case for custody of
of Court provide that in cases before the children against her husband, sought
Municipal Trial Court, a person who has a advice from Atty. Mendoza whom she met
case therein may appoint a friend at a party. She informed Atty. Mendoza
(whether a lawyer or not) to conduct the that her lawyer, Atty. Khan, has been
litigation. The suspension of Atty. charging her exorbitant appearance fees
Fernandez, therefore, is not a hindrance when all he does is move for
to represent his friend because even non- postponements which have unduly
lawyers may appear before the MTC. delayed the proceedings; and that
recently, she learned that Atty. Khan
approached her husband asking for a
huge amount in exchange for the
2. Supposing Tony is a defendant in a civil withdrawal of her Motion for Issuance of
case for collection of sum of money Hold Departure Order so that he and his
before the same court, can Atty. children can leave for abroad.
Fernandez appear for him to conduct his
litigation? 5% 1. Is it ethical for Atty. Mendoza to advise
Myrna to terminate the services of Atty.
Answer:
Khan and hire him instead for a
Yes. The abovementioned rule makes no reasonable attorney’s fees? 5%
distinction between a criminal case and a
civil case. 2. What should Atty. Mendoza do about
the information relayed to him by Myrna
that Atty. Khan approached her husband
with an indecent proposal? 5%
Question No. 4 (2006). Senior Citizen
Lawyer
Atty. Oldie, 80 years old, refuses to pay
his IBP dues. He argues he is a senior Suggested Answer:
citizen and semi-retired from the practice
of law. Therefore, he should be exempt V.
from paying IBP dues.
1.
1. Is his argument correct? 3%
It is not ethical for Atty. Mendoza to
advise Myrna to terminate the
answer:
services of Atty. Khan and hire him
His argument is not correct. Although he instead for a reasonable attorney’s
is already 80 years old, he has not yet fees.
retired. And because he has not yet This is tantamount to improper
retired, he is still required to pay his solicitation of legal business as he
membership dues. is encroaching upon the
For the same reasons, Atty. Oldie also professional employment of
insists that he should be exempt from the another lawyer. The Code of
Mandatory Continuing Legal Education Professional Responsibility is
(MCLE) requirements. explicit that a lawyer shall not,
directly or indirectly, encroach
2. Should he be exempt? 3% upon the professional employment
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Suggested Answer:
VI.
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XI.
Suggested Answer: 1.
In the course of a drinking spree with The amount of the contingent fee cannot
Atty. Holgado who has always been his be increased to 80% because such
counsel in business deals, Simon amount is not reasonable. A lawyer shall
bragged about his recent sexual charge only fair and reasonable fees.
adventures with socialites known for
their expensive tastes. When Atty. Question No. 1 (2014)
Holgado asked Simon how he manages
to finance his escapades, the latter Judge A is a close friend of Governor G.
answered that he has been using the On several occasions Judge A would
bank deposits of rich clients of Banco borrow the vehicles from the Office of the
Filipino where he works as manager. Governor to travel to his judicial station.
Judge’s A actuation: (1%)
Is Simon’s revelation to Atty. Holgado
covered by the attorney-client privilege? (A) Violates the canon on propriety
5% (B) Creates an appearance of an improper
connection with the executive branch
(C) Is downright unethical
Suggested Answer:
ANSWER :
X.
(A) Violates the canon on Propriety
Simon’s revelation to Atty. Holgado is not
covered by the attorney-client privilege
because it was not made in the course of
professional employment. Question No. 12 (2014) Attorney’s
Fees
Suggested Answer:
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What are the respective remedies relative judgment in the case for the
to the collection of attorney’s fees, if any, payment of his fees.
of A and Atty. B against each other?
SUGGESTED ANSWER:
Question No. 25 (2014)
This is a champertous fee Judge A has an illicit relationship with B,
agreement because Atty. B agreed to his Branch Clerk of Court.C, the wife of
defray all the expenses of the action Judge A, discovered the illicit affair and
and will be paid only if he is consulted a lawyer tovindicate her
successful in recovering A’s property. violated marital rights. If you were that
Atty. B cannot enforce it because it is lawyer, what wouldyou advice C, and if
contrary to public policy and the she agrees and asks you to proceed to
ethics of the legal profession. The take action, whatis the legal procedure
remedy of A is to file an action to that you should follow? Discuss fully.
have the agreement null and void, or (4%)
simply to refuse to pay attorney’s
fees to Atty. B on the basis of the
said agreement. On the other hand, SUGGESTED ANSWER:
Atty. B will still be entitled to collect
attorney’s fees on a quantum meruit I will advise her to file an
basis. He may bring an action to administrative case against Judge A
collect such fees. with the Supreme Court. I can tell
her that she can also file civil or
Question No. 13 (2014) Attorney’s criminal actions against him. But an
Fees administrative case is confidential in
nature and will not unnecessarily
M engaged the services of Atty. D to
drag the name and reputation of the
prosecute his annulment of marriage case
court into the picture.
in the Regional Trial Court (RTC). After a
long-drawn trial, Atty. D was able to
secure a favorable judgment from the Question No. 26 (2014)
court. Unfortunately, M failed to pay in (6%)
full the stipulated attorney’s fees of Atty. (A) If an attorney has been granted by his
D. How can Atty. D collect his fees from client full authority to
enter into an amicable settlement with
M? Discuss fully.
the other party, may the client later on
SUGGESTED ANSWER: refuse to honor the amicable settlement
forged by his attorney? Explain.
HE can collect his fees either by (B) In such instance as in (A) above, can
the lawyer withdraw from
filing a motion in the annulment of
the case and collect in full his contracted
marriage case that he handled, and
attorney’s fees? Why or why not?
to order M to pay the same, or he
can file a separate action for the SUGGESTED ANSWER:
recovery of his attorney’s fees. Of
the two, the first is preferable (A) A compromise agreement
because the judge in the annulment effected by a client or by his
case will be in a better position to attorney with special authority from
evaluate the amount and value of his him has upon the parties the effect
services. In the meantime, he may of res judicata. The client cannot
avail of the retaining lien, which is to refuse to honor the amicable
retain the moneys and properties of settlement forged by lawyer unless if
M in his possession until he is paid the lawyer has gone beyond the
for his services, or a charging lien, limits of the authority granted him
which is to charge any money by his client.
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SUGGESTED ANSWER: 2.
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e. He may appear before the National Atty. Oldie, 80 years old, refuses to pay
Labor Relations Commission or any Labor his IBP dues. He argues he is a senior
Arbiter, if he represents his organization citizen and semi-retired from the practice
or members thereof; of law. Therefore, he should be exempt
from paying IBP dues.
f. He can represent a claimant before the
Cadastral Court 1. Is his argument correct? 3%
Question No. 3 (2006) Suspended For the same reasons, Atty. Oldie also
Lawyer insists that he should be exempt from
the Mandatory Continuing Legal
1. The Supreme Court suspended Education (MCLE) requirements.
indefinitely Atty. Fernandez from the
practice of law for gross immorality. He 2. Should he be exempt? 3%
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Suggested Answer: V.
1. 1.
Myrna, petitioner in a case for custody of In his petition for certiorari filed with the
children against her husband, sought Supreme Court, Atty. Dizon alleged that
advice from Atty. Mendoza whom she Atty. Padilla, a legal researcher in the
met at a party. She informed Atty. Court of Appeals, drafted the assailed
Decision; that he is ignorant of the
Mendoza that her lawyer, Atty. Khan, has
applicable laws; and that he should be
been charging her exorbitant disbarred.
appearance fees when all he does is
move for postponements which have Can Atty. Dizon, in castigating Atty.
unduly delayed the proceedings; and Padilla, be held liable for unethical
that recently, she learned that Atty. Khan conduct against the Court of Appeals?
5%
approached her husband asking for a
huge amount in exchange for the Suggested Answer:
withdrawal of her Motion for Issuance of
Hold Departure Order so that he and his =
children can leave for abroad.
VI.
1. Is it ethical for Atty. Mendoza to advise
Myrna to terminate the services of Atty. Yes. The Code of Professional
Responsibility provides that a lawyer
Khan and hire him instead for a
shall not, in his professional dealings,
reasonable attorney’s fees? 5% use language which is abusive, offensive
or otherwise improper. Atty. Dizon’s
2. What should Atty. Mendoza do about allegations are personal in nature and
the information relayed to him by Myrna have no place in a petition for certiorari.
that Atty. Khan approached her husband
with an indecent proposal? 5%
Question No. 7 (2006) Does Not
Suggested Answer: Believe in the Position of the Client
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Suggested Answer:
No. The State has an interest in cases for
declaration of nullity of marriages. The
X.
prosecutor representing the State in
these cases has a duty to protect this Simon’s revelation to Atty. Holgado is not
interest. This duty is as important as his covered by the attorney-client privilege
other duties. Besides, if Prosecutor
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XI.
2. Give 4 instances when a client may e. Delay no man for money or malice;
validly refuse to pay his lawyer the full
amount of attorney’s fees stipulated in f. Conduct himself as a lawyer according
their written contract. 4% to the best of his knowledge and
discretion, with all good fidelity as well to
Suggested Answer:
the court as to his clients.
XII.
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Suggested Answer:
XIV.
1. Gross misconduct
2. Fraudulent misrepresentation
6. Malpractice
7. Appearance of a non-lawyer as an
attorney for a litigant in a case
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