Legal Ethics

2010 BAR EXAMINATION
PART 1
Prepare the following:
A. Verification and Certification against Forum Shopping. (5%)
SUGGESTED ANSWER:
VERIFICATION
SHOPPING
AND
CERTIFICATION
AGAINST
FORUM
X, after being duly sworn, hereby deposes and states:

That he is the plaintiff in the above-entitled case; that he
has caused the foregoing Complaint to be prepared; that he has
read the same and that the allegations of fact therein contained
are true of his personal knowledge or based on authentic
documents;
That (a) he has not heretofore commenced any action of
filed an claim involving the same issued in any court, tribunal or
quasi-judicial agency, and to the best of his knowledge, no such
other action or claim is pending therein; and (b) if he should
thereafter learn that the same of similar action or claim has been
filed or is pending, he shall report that fact within five (5) days
therefrom to this Honorable Court.
B. Petition for Letters Rogatory, (5%)
SUGGESTED ANSWER:
(caption)
PETITION FOR LETTERS ROGATORY
PLAINTIF, through counsel, respectfully alleges:
1. That the above action is pending in this court and, for the
purpose of completing the evidence and presenting to the
court all the facts whereby a just decision can be arrived at, it
is necessary that the testimony of Mr. A.B., who is presently
residing in 123 North Avenue, Vancouver, British Columbia,
Canada, he taken;
2. That the said witness will be unable to go to the Philippines to

testify in this case due to his ailment as certified to by his
doctors sworn certificate hereto attached as Annex A
hereof;
3. That it is in the interest of justice that the testimony of the
aforementioned witness be taken and made part of the
evidence in this case.
WHEREOF, it is respectfully prayed that this court order the
issuance by the clerk of this court of letters rogatory to the
proper judicial tribunal of Vancouver, British Columbia,
Canada, requesting the examination of Mr. A.B. on the written
interrogatories filed herewith.
Manila, September 6, 2010.
Atty. WY
Notice of Hearing
Atty. M.
Counsel for the defendant
(Address)
Sir:
Kindly take notice that the foregoing petition will be
submitted to the Honorable Court on September 27, 2010, for its
consideration and resolution
II
Enumeration the instances when a Notary Public may
authenticate documents without requiring the physical presence of the
signatories. (2%)
SUGGESTED ANSWER:
1. If the signatory is old or sick or otherwise unable to appear, his
presence may be dispensed with if one credible witness not privy
to the instrument and who is known to the notary public, certifies
under oath or affirmation the identity of the signatory.
2. If two credible witnesses neither of whom is privy to the

instrument, not known to the notary public but can present their
own competent evidence of identity, certify under oath or
affirmation to the identity of the signatory.
3. In case of copy certification and issuance of certified true copies.
III
Atty. Y, in his Motion for Reconsideration of the Decision rendered
by the National Labor Relations Commission (NLRC), alleged that there
was connivance of the NLRC Commissioners with Atty. X for monetary
considerations in arriving at the questioned Decision. He insulted the
Commissioners for their ineptness in appreciating the facts as borne by
the evidence presented.
Atty. X files an administrative complaint against Atty. Y for using
abusive language.
Atty. Y posits that as lawyer for the down-trodden laborers, he is
entitled to express his righteous anger against the Commissioners for
having cheated them; that his allegations in the Motion for
Reconsideration are absolutely privileged; and that proscription against
the use of abusive language does not cover pleadings filed with the
NLRC, as it is not a court, nor are any of its Commissioners Justice or
Judges.
Is Atty. Y administratively liable under the Code of Professional
Responsibility? Explain. (3%)
SUGGESTED ANSWER:
Atty. Y has clearly violated Canons 8 and 11 of the Code of
Professional Responsibility and is administratively liable. A lawyer shall
not in his professional dealings, use language which is abusive, offense
or otherwise improper (Rule 8.01, CPR). A lawyer shall abstain from
scandalous, offensive or menacing language or behavior before the
courts (Rule 11.03, CPR).
In the case of Johnny Ng v. Atty. Benjamin C. Alar (507 SCRA 465
[2006]), which involves the same facts, the Supreme Court held that
the argument that the NLRC is not a court, is unavailing. The lawyers
remains a member of the Bar, an oath-bound servant of the law,
whose first duty is not to his client but to the administration of justice
and whose conduct ought to be and must be scrupulously observant of
the law and ethics.
The Supreme Court also held that the argument that labor
practitioners are entitled to some latitude of righteous anger is
unavailing. It does not deter the Court from exercising its supervisory
authority over lawyers who misbehave or fail to live up to that
standard expected of them as members of the bar.
IV
Atty. XX rented a house of his cousin JJ on a month-to-months
basis. He left for a 6-month study in Japan without paying his rentals
and electric bills while he was away despite JJs repeated demands.
Upon his return to the Philippines, Atty. XX still failed to settle his
rental arrearages and electric bills, drawing JJ to file an administrative
complaint against Atty. XX.
Atty. XX contended that his non-payment rentals and bills to his
cousin is a personal matter which has no bearing on his profession as a
lawyer and, therefore, he did not violate the Code of Professional
Responsibility.
A. Is Atty. XXs contention in order? Explain. (3%)
SUGGESTED ANSWER:
No. In a case involving the same facts, the Supreme Court
held that having incurred just debts, a lawyer has a moral
duty and legal responsibility to settle them when they become
due. Verily, lawyers must at all times faithfully perform their
duties to society, to the bar, to the court and to their clients.
As part of their duties, they must promptly pay their financial
obligations. (Wilson Cham v. Atty. Eva Pata-Moya, 556 SCRA 1
[2008]).
B. Cite two (2) specific Rules in the Code of Professional
Responsibility, violation of which subjects a lawyer to
disciplinary action by the Supreme Court although the acts
complained of are purely personal or private activities that do
not involve the practice of law, (2%0
SUGGESTED ANSWER:
Rule 1.01 A lawyer shall not engage in unlawful dishonest,
immoral and deceitful conduct
Rule 7.03 A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor should he,
whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
V
When is professional incompetence a ground for disbarment
under the Rules of Court? (3%)
SUGGESTED ANSWER:
Professional incompetence of a lawyer may be a special ground
for disbarment if his incompetence is so total, gross and serious that
he cannot be entrusted with the duty to protect the rights of clients. A
lawyer shall not undertake a legal service where he knows or should
know that he is not qualified to render (Rule 18.01, CPR). If he does
so, it constitutes malpractice or gross misconduct in office which are
grounds for suspension or disbarment under Section 27, Rule 138 of
the Rules of Court.
VI
Atty. Monica Santos-Cruz registered the firm name Santos-Cruz
Law Office with the Department of Trade and Industry as a single
proprietorship. In her stationery, she printed the names of her husband
and a friend who are both non-lawyers as her senior partners in light of
their investments in the firm. She allowed her husband to give out
calling cards bearing his name as senior partner of the firm and to
appear in courts to move for postponements.
Did Atty. Santos-Cruz
Responsibility? Why? (3%)
SUGGESTED ANSWER:
violated
the
Code
of
Professional
Yes, she did. In the case of Cambaliza v. Cristobal-Tenorio (434

SCRA 288 [2004]), which involves the same facts, the Supreme Court
held that a lawyer who allows a non-member of the Bar to
misrepresent himself as a lawyer and to practice law, is guilty of
violating Canon 9 and Rule 9.01 of the Code of Professional
Responsibility which provide as follows:
Canon 9. A lawyer shall not directly or indirectly assist in the
unauthorized practice of law.
Rule 9.01. A lawyer shall not delegate to any unauthorized person the
performance of any task which by law may only be performed by a
member of the bar in good standing.
VII
Atty. Candido commented in a newspaper that the decision of the
Court of Appeals was influenced by a powerful relative of the prevailing
party. The appellate court found him guilty of indirect contempt. Does
this involve moral turpitude? Explain. (3%)
SUGGESTED ANSWER:
Moral turpitude has been defined as everything which is done
contrary to justice, modesty, or good morals, an act of baseness,
vileness or depravity in the private and social duties which a man owes
his fellowmen, or to society in general, contrary to justice, modesty or
good morals. (Soriano v. Dizon, 480 SCRA 1 [2006]). Based on this
definition, it would appear that the published comment of Atty. Candido
does not constitute moral turpitude although contemptuous.
VIII
For services to be rendered by Atty. Delmonico as counsel for
Wag Yu in a case involving 5, 000 square meters (sq.m.) of land, the
two agreed on a success fee of P50, 000 plus 500 sq.m. of the land.
The trial court rendered judgment in favor of Wag Yu which
became final and executory.
After receiving P50, 000 Atty. Delmonico demanded the transfer
to him of the promised 500 sq.m. Instead of complying, Wag Yu filed an
administrative complaint charging Atty. Delmonico with violation of the

Code of Professional; Responsibility and Article 1491 (5) of the Civil
Code for demanding the delivery of a portion of the land subject of
litigation.
Is Atty. Delmonico liable under the Code of Professional
Responsibility and the Civil Code? Explain. (5%)
SUGGESTED ANSWER:
Atty. Delmonico is not guilty of violation the Code of Professional
Responsibility and the Civil Code.
He and his client agreed on a success fee of P50, 000 plus 500
sq.m. of the land in the case that he was handling. This is a contingent
fee contract which is allowed under Canon 20, Rule 20.01 of the Code
of Professional Responsibility and Canon 13 of the Code of Professional
Ethics.
A contingent fee agreement does not violate Art. 1491 of the
Civil Code, because the transfer or assignment of the property in
litigation takes effect only after the finality of favorable judgment
(Director of Lands v. Ababa, 88 SCRA 513 [1979]).
IX
Is the defense of Atty. R in a disbarment complaint for immorality
filed by his paramour P that P is in pari delicto material or a ground for
exoneration? Explain. (3%)
SUGGESTED ANSWER:
The defense of in pari delicto is immaterial in an administrative
case which is sui generis. The administrative case is about the lawyers
conduct, not the womans (Mortel v. Aspiras, 100 Phil. 586 [1956]; Po
Cham v. Pizarro, 467 SCRA 1 [2005]; Marjorie F. Samaniego v. Atty.
Andrew V. Ferrer, 555 SCRA 1 [2008]).
X
Allison hired Atty. X as his counsel in his complaint for Collection
of Sum of Money. Upon receipt on March 20, 2009 of the Notice of Pre-
Trial which was scheduled on May 24, 2009, Allison noted at that time
he would still be in a two-week conference in St. Petersburg. He thus
asked Atty. X to represent him during the pre-trial.
Prepare the necessary document that Atty. X should submit to
the court to enable him to represent Allison during Pre-Trial. (5%)
SUGGESTED ANSWER:
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT, I, ALLISON, of legal age and a resident of ________________ have named, appointed and constituted Atty. X of legal
age and resident of ____________________ to be my true and lawful
attorney-in-fact, for me and in my name place and stead, to do or
perform any or all of the following acts and deeds, to wit:
To represent me at the pre-trial of the case entitled ALLISON vs.
_________________, Civil Case No. ___________ of the Regional Trial court
of Manila, on ______________ 2010 or any postponement thereof, with
full authority to consider and decide on those matters covered by
Section 2, Rule 18 of the 1997 rules of Civil Procedure.
HEREBY GIVING AND GRANTING unto my said Attorney-In-Fact
full power and authority whatsoever necessary, proper or convenient
as I might or could lawfully do if personally present, and hereby
CONFIRMING AND RATIFYING all that my Attorney-In-Fact shall lawfully
do or cause to be done by virtue of these presents.
(Place and Date)
(Sgd.) ALLISION
ACCEPTED:
ATTY. X
(Acknowledgement)
XI
After passing the Philippine Bar in 1986, Richards practiced law

until 1996 when he migrated to Australia where he subsequently
became an Australian citizen in 2000. As he kept abreast of legal
developments, petitioner learned about the Citizenship Retention and
Re-Acquisition Act of 2003 (Republic Act No. 9225), pursuant to which
he reacquired his Philippine citizenship in 2006. He took his oath of
allegiance as a Filipino citizen at the Philippine Embassy in Canberra,
Australia. Jaded by the laid back life in the outback, he returned to the
Philippines in December 2008. After the holidays, he established his
own law office and resumed his practice of law.
Months later, a concerned woman who had secured copies of
Atty. Richards naturalization papers with consular authentication, filed
with the Supreme Court an anonymous complaint against him for
illegal practice of law.
A. May the Supreme Court act upon the complaint filed by an
anonymous person? Why or why not? (3%)
SUGGESTED ANSWER:
Yes, the Supreme Court may act upon the complaint filed
by an anonymous complaint, because the basis of the complaint
consists of documents with consular authentication which can be
verified being public records. There is no need to identify the
complainant when the evidence is documented and verifiable (In
re Echiverri, 67 SCRA 467 [1975]; In re Araula, 81 SCRA 483
[1978]; Concerned Citizens v. Elma, 241 SCRA 84 [1995]).
Besides, the Supreme Court or the IBP may initiate disbarment
proceedings motuproprio.
B. Is respondent entitled to resume the practice of Law? Explain.
(5%)
SUGGESTED ANSWER:
Yes, as long as he observes the procedure laid down in
Petition for Leave to Resume Practice of Law of Benjamin M.
Dacanay (B.M. No. 1678, December 17, 2007, 540 SCRA 424), to
wit:
(a) Updating and payment in full of the annual membership
dues in the IBP;
(b)Payment of the professional tax;
(c) Completion of at least 36 credit hours of mandatory

continuing legal education; and,
(d)Pretaking of the lawyers oath.
PART II
XII
Rebeccas complaint was raffled to the sala of Judge A. Rebecca
is a daughter of Judge As wife by a previous marriage. This is known to
the defendant who does not, however, file a motion to inhibit the
Judge.
Is the Judge justified in not inhibiting himself from the case? (3%)
SUGGESTED ANSWER:
The judge is not justified in not inhibiting himself. It is mandatory
for him to inhibit if he is related to any of the parties by consanguinity
or affiant within the sixth civil degree (Sec. 3 [f] Canon 3, New Code of
Judicial Conduct for the Philippine Judiciary). Judge A, being the
stepfather of Rebecca, is related to her by affinity by just one degree.
Judges shall disqualify themselves from participating in any
proceeding in which they are unable to decide the matter impartially or
in which it may appear to a reasonable observer that they are unable
to decide the matter impartially (Id., Sec. 5, Canon 3). The fact that
Rebecca is a daughter of Judge As wife is liable to make a reasonable
observer doubt his impartially.
XIII
Reacting to newspaper articles and verbal complaints on alleged
rampant sale of Temporary Restraining orders by Judge X, the Supreme
Court ordered to conduct of a discreet investigation by the Office of the
Court Administrator.
Judges in the place where Judge X is assigned confirmed the
complaints.
A. What administrative charge/s may be leveled against Judge X?

Explain. (3%)
SUGGESTED ANSWER:
He could be charged with Gross Misconduct, arising from
violations of the Anti-Graft and Corrupt Practices Act (R.A. No.
3019). He could also be charged with violations of Canon 4,
Section 13 of the New Code of Judicial Conduct for the Philippine
Judiciary which provides that judges and members of their
families shall neither ask for, not accept, any gift, bequest, loan
or favor in relation to anything done or to be done or omitted to
be done by him or her in connection with the performance of
judicial duties.
B. What defense/s can Judge X raise in avoidance of any liability?
(2%)
SUGGESTED ANSWER:
He could raise the defense of hearsay evidence, lack of
substantive evidence, and denial of due process.
XIV
Farida engaged the services of Atty. Garudo to represent her in a
complaint for damages. The two agreed that all expenses incurred in
connection with the case would first be shouldered by Atty. Garudo and
he would be paid for his legal services and reimbursed for all expenses
which he had advance out of whatever Farida may receive upon the
termination of the case. What kind of contract is this? (2%)
SUGGESTED ANSWER:
This appears to be a champertous contract, which is invalid. Atty.
Garudo agreed to shoulder all expenses in connection with the case,
and Farida will reimburse him only out of whatever Farida may receive
upon termination of the case. In other words, Atty. Garudo will be
reimbursed only if he will be successful in winning the case for Farida.
If he is not successful, he will not be reimbursed. He is, thus, investing

in the outcome of the case.
XV
Rico, an amiable, sociable lawyer, owns a share in Marina Golf
Club, easily one of the more posh golf courses. He relishes hosting
parties for government officials and members of the bench.
One day, he had a chance meeting with a judge in the
Intramuros golf course. The two readily got along well and had since
been regularly playing golf together at the Marina Golf Club.
A. If Atty. Rico does not discuss cases with members of the
bench during parties and gold gamers, is he violating the
Code of Professional Responsibility? Explain. (3%)
SUGGESTED ANSWER:
Yes. A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating familiarity with
judges (Rule 13.01, Code of Professional Responsibility).
Moreover, he should refrain from any impropriety which gives the
appearance of influencing the court (Canon 13, CPR). In regularly
playing golf with judges, Atty. Rico will certainly raise the
suspicion that they discuss cases during the game, although they
actually do not. However, if Rico is known to be a non-practicing
lawyer, there is not much of an ethical problem.
B. How about the members of the bench, who grace the parties
of Rico, are they violating the Code of Judicial Conduct?
Explain. (3%)
SUGGESTED ANSWER:
Members of the bench who grace the parties of Atty. Rico
would be guilty of violating Sec. 3, Canon 4 of the New Code of
Judicial Conduct for the Philippine Judiciary which provides that
judges shall, in their personal relations with individual members
of the legal profession who practice regularly in their court, avoid
situations which might reasonably give rise to the suspicion or
appearance of favoritism or partiality. It has been held that if a

judge is seen eating and drinking in public places with a lawyer
who has cases pending in hi or her sala, public suspicion may be
aroused, thus tending to erode the trust of litigants in the
impartiality of the judge (Padilla v. Zantua, 237 SCRA 670
[1994]). But if Atty. Rico is not a practicing lawyer, such suspicion
may not be aroused.
XVI
Judge L is assigned in Turtle Province. His brother ran for Governor
in Rabbit Province. During the election period this year, judge L took a
leave of absence to help his brother conceptualize the campaign
strategy. He even contributed a modest amount to the campaign kitty
and hosted lunches and dinners.
Did Judge L incur administrative and/or criminal liability? Explain.
(3%)
SUGGESTED ANSWER:
Judge L incurred administrative liability. Rule 5.18 of the Code of
Judicial Conduct (which is applicable in a suppletory character to the
New Code of Conduct for the Philippine Judiciary) provides that [A]
Judge is entitled to entertain personal views on political questions, but
to avoid suspicion of political partisanship, a judge shall not make
political speeches, contribute to party funds, publicly endorse
candidates for political office or participate in other partisan political
activities.
He may also be held criminally liable for violation of Section 26 (I)
of the Omnibus Election Code, which penalizes any officer or employee
in the civil service who, directly or indirectly, intervenes, in any
election campaign or engages in any partisan political activity, except
to vote or to preserve public order.
XVII
Judge X was invited to be a guest speaker during, the annual
convention of a private organization which was covered by media
Since he was given the liberty to speak on any topic, he discussed the
recent decision of the Supreme Court declaring that the President is
not, under the Constitution, proscribed from appointing a Chief Justice

within two months before the election.
In his speech, the judge demurred to the Supreme Court decision
and even stressed that the decision is a serious violation of the
Constitution.
B.
Did Judge X incur any administrative liability? Explain. (3%)
SUGGESTED ANSWER:
He did not incur administrative liability. Sec. 4, Canon 4 of the New
Code of Judicial Conduct for the Philippine Judiciary provides that
[Judges, like any other citizen, are entitled to freedom of expression,
belief, association and assembly, but in exercising such rights, they
shall always conduct themselves in such a manner as to preserve the
dignity of the judicial office and the impartiality and independence of
the judiciary.
C.
If instead of ventilating his opinion before the private
organization, Judge X incorporated it, as an obiter dictum, in one of his
decisions, did he incur any administrative liability? Explain. (3%)
SUGGESTED ANSWER:
In deciding cases, a judge is supposed to be faithful to the law,
which includes decisions of the Supreme Court. If he feels that a
doctrine enunciated by the Supreme Court is against his way of
reasoning or his conscience, he may state his personal opinion on the
matter but should decide the case in accordance with the law or
doctrine and not with his personal views (Garcia v. Burgos, 291 ASCRA
546 [1998]). The fact that Judge X ventilated his personal opinion
merely as an obiter dictum indicates that he did not decide the case in
accordance with his personal opinion. But, still, it undermines the
authority of the Supreme Court, and he may incur administrative
liability for it.
XVIII
A. Draft the accusatory' portion of an Information for RAPE of a
13-year old child committed by her maternal uncle in broad daylight
at the back of a church. (5%)
The undersigned public prosecutor accuses A.B. of the crime of
Qualified Rape pursuant to Republic Act No. 8353 otherwise known as

the Anti-Rape Law of 1997 committed as follows:
That on or about 8:00 o 9lock in the morning of September
25,2010, in the City of Manila and within the jurisdiction of this
Honorable Court, the said accused A.B. an uncle, a relative by
consanguinity within the third civil degree, of the victim C.D., a minor
13 years of age, did then and there grab the said victim while she was
praying inside the Quiapo Church, and dragged her behind a side altar
of the church, and through the use of threats and violence, did there
and then, willfully, unlawfully and feloniously have carnal knowledge
of her.
Contrary to law.
B. Draft a Petition for the Issuance of a Writ of Habeas Data. (5%)
SUGGESTED ANSWER:
Republic of the Philippines (Court)
IN THE MATTER OF THE PETITION FOR THE
HABEAS DATA , JUAN DE LA CRUZ,
Petitioner,
versus
SP.
PROC.
NO.
THE CHIEF OF STAFF OF THE ARMED FORCES OF THE

PHILIPPINES and THE COMMANDING GENERAL OF THE
PHILIPINE NATIONAL POLICE,
Respondents.
PETITION
PETITIONER, through undersigned counsel, respectfully alleges;
1.
That petitioner is of legal age and a resident of Balanga,
Bataan, while respondents are likewise of legal age and may be served
with summons at their offices at Camp Emilio Aguinaldo and Camp
Crame, respectively, EDSA, Quezon City;
2.
That, on or about March 1, 2010, allegedly on the basis of
intelligence reports, elements of the Armed Forces of the Philippine
National Police, without any warrant of arrest, apprehended the
petitioner and 42 others while they were peacefully attending a
seminar on rural health at Morong, Bataan.
3.
That, ever since that date, March 1, 2010, until the
present, the petitioner is under detention by the military and the police
on the basis of the alleged intelligence reports.
4.
That the petitioner had repeatedly asked the respondents
to show him the alleged intelligence reports so that he can defend
himself, but until the present, the respondents have failed and/or
refused to comply with the said request of the petitioner.
5.
That, to the best of the knowledge of the petitioner, the
said intelligence reports are in the abovementioned offices of the
respondents.
WHEREFORE, is it respectfully prayed that, after due hearing, a
writ of Habeas Data be issued ordering the respondents to disclose
and/or furnish copies thereof to the petitioner, the alleged intelligence
reports which are the basis of his continued unlawful detention.
Place and date.
Counsel for the Petitioner.
(Verification and Certification of Non-Forum Shopping)
C. Draft a Petition for Bail. (5%)
SUGGESTED ANSWER:
(Caption)
PETITION FOR BAIL
Defendant Juan de la Cruz, through counsel, respectfully alleges:
1.
That the defendant is in custody for the alleged
commission of a capital offense.
2. That no bail has been recommended for his temporary
release on the assumption that the evidence of guilt is strong.
3. That the burden of showing that evidence of guilt is strong is
with the prosecution, and unless that fact is satisfactorily shown, the
defendant may be bailed at the courts discretion;
WHEREFORE, upon due notice and hearing, it is respectfully prayed

that the defendant be admitted to bail in such amount as this
Honorable Court may fix.
(Place and Date)
MCL
Counsel for the Defendant
(notice of hearing)
XIX
Judges of the first and second level courts are allowed to receive
assistance from the local government units where they are stationed.
The assistance could be in the form of equipment or allowance.
Justices at the Court of Appeals in the regional stations in the
Visayas and Mindanao are not necessarily residents there, hence, they
incur additional expenses for their
accommodations.
Pass
on
the
propriety
of
the
Justices
assistance/allowance from the local governments. (3%)
receipt
of
SUGGESTED ANSWER:
In the cases of Dadole v. Commission on Audit 393 SCRA 262
[2002]), and Leynes v. Commission on Audit (418 SCRA 180 [2003]),
the Supreme Court has upheld the grant of allowances by local
government units (LGU) to judges, prosecutors, public elementary and
high school teachers, and other national government officials
stationed in or assigned to the locality pursuant to Sections 447(a)(l)
(xi), 458(a)(l)(xi) and 468(a)(l)(xi) of Republic Act No. 7160, otherwise
known as the Local Government Code. The Supreme Court held that
to rule against the power of the LGUs to grant allowances to
judges .... will subvert the principle of local autonomy zealously
guaranteed by the Constitution. Hence, it is not improper for judges
and justices to receive allowances from local government units, since it
is allowed by law for LGUs to give the same.
ALTERNATIVE ANSWER:
Section 5, Canon I of the New Code of Judicial Conduct for the

Philippine Judiciary provides that [J]judges shall be free from
inappropriate connections with, and influence by, the executive and
legislative branches of the government, and must also appear to be
free therefrom to a reasonable extent. It is a common perception that
the receipt of allowances or assistance from a local government unit
may affect the judges ability to rule independently in cases involving
the said unit.
XX
Arabella filed a complaint for disbarment against her estranged
husband Atty. P on the ground of immorality and use of illegal drugs.
After Arabella presented evidence and rested her case before the
Investigating Commissioner of the IBP Committee on Bar Discipline,
she filed an Affidavit of Desistance and motion to dismiss the
complaint, she and her husband having reconciled for the sake of
their children.
You are the Investigating Commissioner of the IBP. Bearing in mind
that the family is a social institution which the State is duty-bound to
preserve, what will be your action on Arabellas motion to dismiss the
complaint? (3%)
SUGGESTED ANSWER:
I would still deny the motion to dismiss. The general rule is that
no investigation shall be interrupted or terminated by reason of the
desistance, settlement, compromise, restitution, withdrawal of the
charges or failure of the complainant to prosecute the same unless the
Supreme Court motu proprio or upon recommendation of the IBP Board
of Governors determines that there is no compelling reason to continue
with the proceedings. An administrative investigation of a lawyer is sui
generis, neither a civil nor criminal proceeding. An affidavit of
desistance has no place in it.
XXI
On the proposal of Judge G, which was accepted, he and his family
donated a lot to the city of Gyoza on the condition that a public
transport terminal would be constructed thereon. The donation was
accepted and the condition was complied with.
The family-owned tracts of land in the vicinity of the donated lot

suddenly appreciated in value and became commercially viable as in
fact a restaurant and a hotel were soon after built.
Did the Judge commit any violation of the Code of Judicial
Conduct? (2%)
SUGGESTED ANSWER:
In Salunday v. Labitoria (A.M. No. CA-01-31, July 25, 2002, 385
SCRA 200), the Supreme Court held that the act of Justice Eugenio S.
Labitoria of recommending the construction of a Hall of Justice in a
parcel of land close to a hotel owned by a corporation of which his wife
was a stockholder, was not improper because there is no clear
indication that in recommending the Ranada property, the respondent
was impelled by a desire to benefit financially.
In the instant case, it seems clear that the judge and his family were
principally motivated by the anticipated increase in the value of their
property as a consequence of the donation of a lot for the construction
of a transport facility. He may, thereby, be held liable for violating
Section 8, Canon 4 of the New Code of Conduct for the Philippine
Judiciary which provides that judges shall not use or lend the prestige
of the judicial office to advance their private interests, or those of a
member of their family or of anyone else, nor shall they convey or
permit others to convey the impression that anyone is in a special
position improperly to influence them in the performance of judicial
duties.
XXII
A retired member of the Judiciary is now engaged in private
practice. In attending hearings, he uses his car bearing his protocol
plate which was issued to him while still in the service.
Pass on the ethical aspect of the judges use of the protocol
plate. (2%)
SUGGESTED ANSWER:
The judges use of his protocol plate after his retirement is
unethical. He is no longer entitled to use such protocol plate after his
retirement. As a practicing lawyer, he should not engage in unlawful,
dishonest, immoral or deceitful conduct. His continued use of a
protocol plate after his retirement is at least dishonest conduct.

- ooOoo
2009 Bar Examinations
PART I
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if
the statement is false. Explain your answer in not more than two (2)
sentences. (5%)
[a]
The Bangalore Draft, approved at a Roundtable Meeting of

Chief Justices held at The Hague, is now the New Code of
Judicial Conduct in the Philippines.
SUGGESTED ANSWER:
TRUE. The whereas clause of the New Code of Judicial Conduct in
the Philippines provides that the Bangalore Draft of the Code of Judicial
Conduct is intended to be a Universal Declaration of Judicial Standards
applicable in all judiciaries. As such, it was adopted by the Supreme
Court as its Code of Judicial Conduct, in solidarity with other
jurisdictions in the world.
[b]
An attorney ad hoc is a lawyer appointed by the court to
represent an absentee defendant in a suit in which the appointment is
made.
SUGGESTED ANSWER:
TRUE. This applies when the absentee defendant has no counsel
present in court and delay has to be avoided. Said counsel, also known
as a curator ad hoc, is different from a counsel de oficio where the
party to be represented is present in court but has no counsel
(Bienvenu v. Factor's & Traders Insurance Co., 33 La. Ann. 209, 1881
WL 8922 [La.]).
[c] A charging lien, as distinguished from a retaining lien, is an
active lien which can be enforced by execution.
SUGGESTED ANSWER:
TRUE. It is active because it requires the lawyer to charge the
judgment and its execution for the payment of his fees.
[d] A lawyer cannot refuse to divulge the name or identity of his

client.
SUGGESTED ANSWER:
FALSE. As a general rule, a clients name is not confidential, but
there, are exceptions enumerated in Regala v. Sandiganhayan (262
SCRA 122 [1996]), to wit:
[a] where a strong possibility exists that a revealing a clients
name would implicate that client in the very activity for which he
sought the lawyers advice, (b) where disclosure would open the client
to civil liability, and (c) where the governments lawyers have no case
against an attorneys client unless by revealing the clients name, the
said name would furnish the only link that would form the chain of
testimony necessary to convict an individual of a crime.
[e] A notary public is disqualified from performing a notarial act
when the party to the document is a relative by affinity within the 4th
civil degree.
SUGGESTED ANSWER:
TRUE. Sec. 3 (c), Rule IV of the 2004 Rules on Notarial Practice
provides that a notary public is disqualified from performing a notarial
act if he is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within the fourth
civil degree.
II
[a] What is the object of the bar examinations? Explain. (2%)
SUGGESTED ANSWER:
Public policy demands that any person seeking admission to the
bar in the Philippines be required to furnish satisfactory proof of his
knowledge of the law and ethical standards and of his possession of
such degree of learning and proficiency in law as may be deemed
necessary for the due performance of the duties of lawyer.
[b]What are the three (3) tests to determine conflict of interest for
practicing lawyers? Explain each briefly. (3%)
SUGGESTED ANSWER:
(1) When in representation of one client, a lawyer is required to
fight for an issue or claim, but is also duty bound to oppose it for
another client;
(2) When the acceptance of the new retainer will require an
attorney to perform an act that may injuriously affect the first client or
when called upon in a new relation to use against the first client any
knowledge acquired through their professional connection;
(3) When the acceptance of a new relation would prevent the full
discharge of an attorneys duty to give undivided fidelity and loyalty to
the client or would invite suspicion of unfaithfulness or double-dealing
in the performance of that duty (Northwestern University v. Arquillo,
415 SCRA 513 [2005]).
III
[a] May a party appear as his own counsel in a criminal or in a
civil case? Explain. (3%)
SUGGESTED ANSWER:
A party may appear as his own counsel in civil cases (Sec. 34,
Rule 138). However, in criminal cases involving grave and less grave
offenses, he must always appear through counsel.
A party may appear without his own counsel before the
Municipal Trial Court, whether or not for a civil or criminal case. In the
RTC or the Appellate Courts, a party in a civil suit may conduct his
litigation either personally or by attorney unless the party is a juridical
person. However, with respect to criminal proceedings in the said
tribunals, the right to counsel of an accused is absolute or immutable.
It has never been considered subject to waiver (Flores v. Ruiz, 90 SCRA
428(1979]).
[b] What is the student practice rule? (2%)
SUGGESTED ANSWER:
The Student Practice Rule (Rule 138-A) is the Rule authorizing

a law student who has successfully completed his 3 rd year of the
regular four-year prescribed law curriculum and is enrolled in a
recognized law schools clinical legal education program approved by
the Supreme Court, to appear without compensation in any civil,
criminal or administrative case before any trial court, tribunal or board
or officer, to represent indigent clients accepted by the legal clinic of
the law school, under the direct supervision and control of a member
of the IBP accredited by the law school.
IV
[a] In a case for homicide filed before the Regional Trial Court
(RTC), Presiding Judge Quintero issued an order for the arrest
of the accused, granted a motion for the reduction of bail, and
set the date for the arraignment of the accused. Subsequently,
Judge Quintero inhibited himself from the case, alleging that
even before the case was raffled to his court, he already had
personal knowledge of the circumstances surrounding the
case. Is Judge Quinteros inhibition justified? Explain. (3%)
SUGGESTED ANSWER:
Judge Quinteros inhibition is justified. One of the grounds for
inhibition under Section 5, Canon 3 of the New Code of Judicial
Conduct for the Philippine Judiciary is where the judge has actual bias
or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings.
[b] After being diagnosed with stress dermatitis, Judge Rosalind,
without seeking permission from the Supreme Court, refused
to wear her robe during court proceedings. When her attention
was called, she explained that whenever she wears her robe
she is reminded of her heavy caseload, thus making her tense.
This, in turn, triggers the outbreak of skin rashes. Is Judge
Rosalind justified in not wearing her judicial robe? Explain.
(3%)
SUGGESTED ANSWER:
Judge Rosalind is not justified. In Chan v. Majaducon (413 SCRA
354 [2003]), the Supreme Court emphasized that the wearing of robes
by judges as required by Adm. Circular No. 25, dated June 9, 1989,
serves the dual purpose of heightening public consciousness on the
solemnity of judicial proceedings and in impressing upon the judge the

exacting obligations of his office. The robe is part of judges
appearance and is as important as a gavel. The Supreme Court added
that while circumstances, such as the medical condition claimed by
respondent judge, may exempt one from complying with AC No. 25, he
must first secure the Courts permission for such exemption. He cannot
simply excuse himself, like respondent judge, from complying with the
requirement.
V
Cliff and Greta were law school sweethearts. Cliff became a
lawyer, but Greta dropped out. One day, Cliff asked Greta to sign a
marriage contract. The following day, Cliff showed Greta the document
already signed by an alleged solemnizing officer and two witnesses.
Cliff then told Greta that they were already married and Greta
consented to go on a honeymoon. Thereafter, the couple cohabited
and begot a child. Two years later, Cliff left Greta and married a
Venezuelan beauty. Incensed, Greta filed a disbarment complaint
against Cliff. Will the case prosper? Explain. (4%)
SUGGESTED ANSWER:
The disbarment case will prosper. In the case of Cabrera v. Agustin
(106 Phil. 256 [1959]), a lawyer who deceived a woman to believe
that they were already married after they had signed an application
for a marriage license, and afterwards took advantage of her belief to
satisfy his lust, until she bore him a child, was considered by the
Supreme Court to be lacking in integrity and good moral character to
remain a member of the bar.
VI
Atty. Sabungero obtained a notarial commission. One Sunday,
while he was at the cockpit, a person approached him with an affidavit
that needed to be notarized. Atty. Sabungero immediately pulled out
from his pocket his small notarial seal, and notarized the document.
Was the affidavit validly notarized? Explain. (3%)
SUGGESTED ANSWER:
Section 2, Rule IV of the 2004 Rules on Notarial Practice provides
that a Notary Public shall not perform a notarial act outside his regular
place of work, except in few exceptional occasions or situations, at the

request of the parties. Notarizing in a cockpit is not one of such
exceptions. The prohibition is aimed to eliminate the practice of
ambulatory notarization. However, assuming that the cockpit is within
his notarial jurisdiction, the notarization may be valid but the notary
public should be disciplined.
VII
Atty . Manuel is counsel for the defendant in a civil case pending
before the RTC. After receiving the plaintiffs Pre- Trial Brief containing
the list of witnesses, Atty. Manuel interviewed some of the witnesses
for the plaintiff without the consent of plaintiffs counsel.
[a] Did Atty. Manuel violate any ethical standard for lawyers?
Explain. (3%)
SUGGESTED ANSWER:
No, because Canon 39 of the Canons of Professional Ethics
provides that a lawyer may interview any witness or prospective
witness from the opposing side in any civil or criminal action without
the consent of opposing counsel or party. This is because a witness is
supposed to be a neutral person whose role is to tell the truth when
called upon to testify.
[b] Will your answer be the same if it was the plaintiff who was
interviewed by Atty. Manuel without the consent of plaintiffs counsel?
Explain. (2%)
SUGGESTED ANSWER:
My answer will not be the same. Canon 9 of the Canons of
Professional Ethics provides that a lawyer should not in any way
communicate upon a subject of controversy with a party represented
by counsel, much less should he undertake to negotiate or compromise
the matter with him, but should deal only with his counsel. If he
communicates with the adverse party directly, he will be encroaching
into the employment of the adverse partys lawyer.
VIII
Court of Appeals (CA) Justice Juris administratively charged with

gross ignorance of the law for having issued an order temporarily
enjoining the implementation of a writ of execution, and for having
issued another order for the parties to maintain the status quo in the
same case. Both orders are obviously without any legal basis and
violate CA rules. In his defense, Justice Juris claims that the challenged
orders were collegial acts of the CA Division to which he belonged.
Thus, he posits that the charge should not be filed against him alone,
but should include the two other CA justices in the Division. Is the
contention of Justice Juris tenable? Explain. (3%)
SUGGESTED ANSWER:
No, the contention of Justice Juris is not tenable. Section 5, Rule
VI, of the Internal Rules of the Court of Appeals provides that:
Sec. 5. Action by a Justice All members
of the Division shall act upon an application for
a temporary restraining order and writ of
preliminary injunction. However, if the matter is
of extreme urgency, and a Justice is absent, the
two other Justices shall act upon the
application. If only the ponente is present, then
he shall act alone upon the application. The
action of the two Justices or the ponente shall
however be submitted on the next working day
to the absent member or members of the
Division for ratification, modification or recall.
In this case, if Justice Juris acted alone in issuing the erroneous
orders, he alone should be held liable. But if the orders were issued by
the Division to which he belongs, all the members of the Division
should be included in the charge. It appears that Justice Juris acted
alone in issuing the said orders.
IX
Alexander Sison, resident of 111 Libertad St., Sampaloc, Manila,
engages your services as lawyer. He tells you that a certain Mr. Juan
Jamero of 222 Juan Luna St., Tondo, Manila, owes him P1, 000, 000.00;
that the debt is long overdue; and that, despite repeated demands,
Jamero has failed to comply with his obligation. He also shows you a
promissory note, executed on January 3, 2008, wherein Jamero
promises to pay the amount of P1, 000, 000.00, with 12% interest per
annum, within one (1) year from date of note. Sison agrees to pay you
attorneys fees in the amount of P75, 000.00 and a fee of P3, 000.00
for every appearance in court.
As Sisons lawyer, prepare the complaint that you will file in court
against Juan Jamiro. (10%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
ALEXANDER SISON
Plaintiff,
- Versus ____________________
CIVIL CASE NO.
JUAN JAMIRO,
Defendant.
x------------------------------x
COMPLAINT
PLAINTIFF, through undersigned counsel, to this Honorable Court
respectfully alleges:
1. That plaintiff is of legal age and a resident of 111 Libertad St.,
Sampaloc, Manila, while defendant is of legal age and a
resident of 222 Juan Luna St., Tondo, Manila, where he may be
served with summons;
2. That on January 3, 2008, the defendant borrowed from the
plaintiff the amount of P1, 000, 000.00, evidenced by a
Promissory Note executed by the defendant on the same date,
a copy of which is hereto attached as Annex A and made an
integral part hereof, promising to pay the plaintiff the said
amount of P1, 000, 000.00 with interest thereon at the rate of
12% per annum within a period of one year from the date
thereof;
3. That the period of one year expired on January 2, 2009, but
the defendant has not paid the said loan or any portion
thereof despite repeated demands;
4. That due to the defendants failure to pay plaintiffs plainly

just and valid claim, the plaintiff was compelled to institute
this suet and to engage the services of counsel, to whom he
has agreed to pay the amount of P75, 000.00 at attorneys
fees, plus P3, 000.00 for every appearance in court.
5. That barangay mediation was previously sought but no
agreement was arrived at and the plaintiff was given a
certification to file his claim in court, a copy of which is hereto
attached as Annex B hereof.
WHEREFORE, it is respectfully that, after due hearing, judgment
be rendered ordering the defendant to pay the plaintiff the amount of
P1, 000, 000.00, with interest thereon at the rate of 12% per annum
from January 2, 2009 until fully paid, plus the amount of P75, 000.00
per court appearance, as attorneys fees.
Plaintiff prays for such other and further relief as may be just or
equitable under the premises.
ATTY. _________________
Counsel for the Plaintiff
(address)
Attorneys Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________
Date/ Place issued ________________
MCLE Cert. No. _________________
Email address: __________________
CERTIFICATION AGAINST FORUM SHOPPING
I, ALEXANDER SISON, after being duly sworn, hereby depose and
state:
1. That I am the plaintiff in the above-entitled case;
2. That I have not initiated any case involving the same issues
before any other court or administrative body;
3. That I am not aware of the pendency of any case involving the

same issues or proceedings in any other court or
administrative body, and
4. That if I should hereafter learn about the pendency of another
case involving the same issues in another court, tribunal or
administrative body, I will notify this Honorable Court within
five (5) days from thereon.
ALEXANDER SISON
Affiant
X
Given the same facts in No. IX above, assume that summons had
been served on Jamero, but no responsive pleading was filed within the
reglamentary period.
Prepare a motion to declare Jamero in default. (4%)
SUGGESTED ANSWER:
MANILA
ALEXANDER SISON
Plaintiff,
- Versus ____________________
CIVIL CASE NO.
JUAN JAMIRO,
Defendant.
x------------------------------x
MOTION TO DECALRE IN DEFAULT
PLAINTIFF, through undersigned counsel, through this Honorable
Court respectfully alleges:
1. That on September _____, 2009, defendant was served with
summons and a copy of the Complaint;
2. That the reglamentary period for the defendant to file an

Answer or motion to dismiss expired on
________________________, without the defendant filing any such
answer or motion.
3. That defendant may now be declared in default.
Wherefore, it is respectfully prayed that the defendant be
declared in default and the plaintiff be allowed to present his evidence
ex-parte.
Manila, ___________________, 2009.
ATTY. _________________
(address)
Attorneys Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________
Date/ Place issued ________________
MCLE Cert. No. _________________
Email address: __________________
NOTICE OF HEARING
Mr. Juan Jamero
222 Juan Luna St., Tondo
Manila
Sir:
Notice is hereby given that on _______________, at 8:30 a.m., the
foregoing motion will be submitted to the Honorable Court for its
consideration and resolution.
ATTY. ___________________
PART II
XI
TRUE OR FALSE. Answer TRUE if the statement is true, or FALSE if

the statement is false. Explain your answer in not more than two (2)
sentences. (5%)
[a] The duty of a lawyer to his client is more paramount than his
duty to the court.
SUGGESTED ANSWER:
FALSE. A lawyers paramount duty is to the court. This is because
he is an officer of the court.
[b] It is ethical for a lawyer to advise his client to enter a plea of
guilty in a criminal case if the lawyer is personally convinced that he
cannot win the case for his client.
SUGGESTED ANSWER:
TRUE. A lawyer should be candid with a client. But he should
leave it up to the client to decide whether to plead guilty or not.
[c] There is no presumption of innocence or improbably of
wrongdoing in an attorneys favor when he deals with his client
concurrently as lawyer and as businessman.
SUGGESTED ANSWER:
TRUE. This is the ruling of the Supreme Court in Nakpil v. Valdes
(288 SCRA 758 [1998]).
[d] The satisfaction of a judgment debt does not, by itself, bar or
extinguish the attorneys liens, except when there has been a waiver
by the lawyer, as shown by his conduct or his passive omission.
SUGGESTED ANSWER:
TRUE. In the case of Sesbreo v. Court of Appeals (551 SCRA 524
[2008]), the Supreme Court held that the satisfaction of the judgment
extinguishes the lien, if there has been a waiver as shown either by the
lawyers conduct or by his passive omission. No rule will allow a lawyer
to collect from his client and then collect anew from the judgment
debtor except, perhaps, on a claim for a higher amount.
[e] A companion or employee of the judge who lives in the
judges household is included in the definition of the judges family.
SUGGESTED ANSWER:
TRUE. A judges family as defined in the New Code of Judicial
Conduct for the Philippine Judiciary includes a judges spouse, son,
daughter, son-in-law, daughter-in-law, and many other relative by
consanguinity or affinity within the sixth civil degree, or person who is
a companion or employee of the judge and who lives in the judges
household.
XII
Write the complete test of the attorneys oath. (5%)
SUGGESTED ANSWER:
I, _____________, do solemnly swear that I will maintain allegiance
to the Republic of the Philippines. I will support the constitution and
obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood nor consent to the doing of
any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent to the
same; I will delay no man for money or malice, and will conduct myself
as a lawyer according to the best of my knowledge or discretion with
all good fidelity as well to the courts as to my client; and I impose upon
myself this voluntary obligation without any mental reservation or
purpose of evasion. So help me God.
XIII
Atty. Hyde, a bachelor, practices law in the Philippines. On long
weekend, he dates beautiful actresses in Hong Kong. Kristine, a
neighbor in the Philippines, filed with the Supreme Court an
administrative complaint against the lawyer because of sex videos
uploaded through the internet showing Atty. Hydes sordid dalliance
with the actresses in Hong Kong.
In his answer, Atty. Hyde (1) questions the legal personality and
interest of Kristine to institute the complaint and (2) insists that he is a
bachelor and the sex videos relate to his private life which is outside
public scrutiny and have nothing to do with his law practice.
Rule on the validity of Atty. Hydes defenses. (5%)

SUGGESTED ANSWER:
(a) The legal personality and interest of Kristine to initiate the
complaint for disbarment is immaterial. A disbarment proceedings is
sue generis, neither a civil nor a criminal proceeding. Its sole purpose
is to determine whether or not a lawyer is still deserving to be a
member of the bar. In a real sense, Kristine is not a plaintiff; hence,
interest on her part is not required.
(b) Atty. Hydes second defense is untenable. His duty not to
engage in unlawful, dishonest, immoral and deceitful conduct under
Rule 1.01 of the CPR, as well as his duty not to engage in scandalous
conduct to the discredit of the legal profession under Rule 7.03, is
applicable to his private as well as to his professional life.
XIV
Marlyn, a widow engaged the services of Atty. Romanito in order
to avert the foreclosure of several parcels of land mortgaged by her
late husband to several creditors. Atty. Romanito advised the widow to
execute in his favor deeds of sale over the properties, so that he could
sell them and generate funds to pay her creditors. The widow agreed.
Atty. Romanito did not sell the properties, but paid the mortgage
creditors with his own funds, and had the land titles registered in his
name. Atty. Romanito succeeds in averting the foreclosure. Is he
administratively liable? Reasons. (3%)
SUGGESTED ANSWER:
Yes, Atty. Romanito is administratively liable. The basic facts in
this case are the same as the facts in Hernandez v. Go (450 SCRA 1
[2005]), where the Supreme Court found the lawyer to have violated
Canons 16 and 17 of the Code of Professional Responsibility, and
disbarred him. The Supreme Court held that a lawyers acts of
acquiring for himself the lots entrusted to him by his client are, by any
standard, acts constituting gross misconduct. The lawyer in that case
was disbarred.
XV
Atty. Wilmar represented Beatriz in a partition case among heirs,

and won. When Wilmar demanded payment of attorneys fees, Beatriz
refused to pay. Wilmar sued Beatriz for the unpaid attorneys fees and
obtained a favorable judgment. Thereafter, Beatriz filed an
administrative complaint against Wilmar claiming that he lied when he
stated in his claim for attorneys fees that the subject of the partition
case involved the entire estate of the deceased when, in fact, it
covered only 50% thereof. Wilmar set up the defenses that (1) Beatriz
filed the complaint only to delay the execution of the judgment
ordering her to pay attorneys fees and (2) Beatriz engaged in forumshopping. Are the defense of Atty. Wilmar tenable? Explain. (4%)
SUGGESTED ANSWER:
The defenses of Atty. Wilmar are tenable.
(1)The claim of Beatriz that he lied when he stated in his claim for
attorneys fees that the subject of the partition case involved
the entire estate, should have been raised in the suit for
collection filed by Atty. Wilmar. It is clear that Beatriz is trying to
delay the execution of a final judgment.
(2)Yes. Beatriz engaged in forum shopping. There is forumshopping when as a result of a decision in one forum, a party
seeks a favorable opinion in another forum through means other
than appeal or certiorari, raising identical causes of action,
subject matter and issues. There is identity of subject matter,
causes of action and issues between the civil case brought by
Atty. Wilmar and the administrative case brought by Beatriz.
XVI
Atty. Simeon persuaded Armando, Benigno and Ciriaco to invest
in a business venture that later went bankrupt. Armando, Benigno and
Ciriaco charged Atty. Simeon with estafa. Simultaneously, they filed an
administrative complaint against the lawyer with the Supreme Court.
[a] If Simeon is convicted of estafa, will he be disbarred?
Explain. (3%)
SUGGESTED ANSWER:
Yes. One of the grounds for disbarment under Sec. 27, Rule 138,
is conviction of a crime involving moral turpitude. Estafa is a crime
involving moral turpitude.

[b] If Simeon is acquitted of the estafa charge, will the
disbarment complaint be dismissed? Explain. (3%)
SUGGESTED ANSWER:
Not necessarily. If the acquittal is based on the ground that no
crime was committed, or that Simeon is innocent, the administrative
case may be dismissed. But if the acquittal is based merely on
reasonable doubt, the disbarment proceeding may still continue. The
purpose of a disbarment proceeding is to determine whether a lawyer
still deserves to remain a member of the bar. For such determination,
conduct which merely avoids the penalty of the law is not sufficient.
XVII
When Atty. Romualdo interviewed his client, Vicente, who is
accused of murder, the latter confessed that he killed the victim in
cold blood. Vicente also said that when he takes the witness stand, he
will deny having done so. Is Atty. Romualdo obliged, under his oath as
lawyer, to inform the judge that [a] his client is guilty and [b] his client
will commit perjury on the witness stand? Explain. (4%)
SUGGESTED ANSWER:
[a] Atty. Romualdo cannot reveal to the judge that Vicente is
guilty. He is bound to keep what Vicente told him in confidence,
because that is an admission of a crime already committed.
[b] Atty. Romualdo can reveal to the judge that Vicente will
commit perjury on the witness stand. This is already a revelation of a
crime still to be committed, and that lies outside the mantle of
privileged communication.
XVIII
On a Saturday, Atty. Patemo filed a petition for a writ of amparo
with the Court of Appeals (CA). Impelled by the urgency for the
issuance of the writ, Atty. Patemo persuaded his friend, CA Justice
Johnny de la Cruz, to issue the writ of amparo and the notice of hearing
without the signature of the two other Justices members of the CA
division. Are Atty. Paterno and Justice de la Cruz guilty of unethical

conduct? Explain. (4%)
SUGGESTED ANSWER:
Yes. Atty. Paterno violated Canon 13 of the Code of Professional
Responsibility which provides that a lawyer shall rely on the merits
of his cause and refrain from any impropriety which tends to
influence or gives the appearance of influencing the court. Atty.
Paterno has relied on his friendship with Justice de la Cruz to obtain a
writ of amparo without a hearing. He thus makes it appear that he
can influence the court.
Justice de la Cruz, violated Section 3, Canon 4 of the New Code
of Judicial Conduct for the Philippine Judiciary, which provides that
judges shall, in their personal relations with individual members of
the legal profession who practice regularly in their courts, avoid
situations which might reasonably give rise to the suspicion or
appearance of favoritism or partiality.
XIX
Romeo Hacendero wants to authorize Juanito Ahente to sell, on
cash basis, for a price not lower than P500,000.00, a parcel of land,
situated in Munoz, Nueva Ecija, and covered by Transfer Certificate of
Title No. 123456, in the Register of Deeds of Nueva Ecija. Prepare a
Special Power of Attorney granting such authority. (4%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
)SS
THAT I, ROMEO HACENDERO, of legal age and a resident of
___________ have named JAUNITO ABENTE, of legal age and a resident
of _____________, to be my true and lawful Attorney- in-Fact, for me and
in my name, place and stead, to do or perform the following acts and
deeds, to wit:
To sell for the price of not lower than P500,000.00, that parcel of
land situated in Munoz, Nueva Ecija, of which I am the absolute owner,

my title thereto being evidenced by Transfer Certificate of Title No.
123456 of the Register of Deeds of Nueva Ecija, and to sign the
corresponding deed of sale.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full
power or authority as may be proper or necessary as fully to all extent
as I could do if personally present, and hereby confirming all that my
said Attorney- in-Fact shall lawfully do or cause to be done by virtue of
these presents.
Manila, September , 2009.
ROMEO HACENDERO
Principal
ACKNOWLEDGMENT
In the City of Manila, this day of September____, 2009 personally
appeared before me Mr. Romeo Hacendero with Drivers License No.
_________________ issued at __________ on _________________, known to
me to be the same person who executed the foregoing instrument, and
he acknowledged to me that he executed the same of his own free and
voluntary act and deed.
I further certify that the foregoing instrument is a Special Power
of Attorney over a parcel of land situated in Munoz, Nueva Ecija.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
(Attorneys Roll No.)
(Commission No.)
(IBP Membership No. )
(PTRO.R. No.)
(Email Address)
Doc. No.____
Page No.____
Book No.____
Series of 2009.
XX
From the affidavits and the death certificate submitted during the
preliminary investigation, the following facts are established: At 6:00
oclock in the evening of September 13, 2009, at the comer of Dapitan
and Dos Castillas Sts., Sampaloc, Manila, Edgar Bastonero, aliasBugoy,
and Carlos Tirador, alias Pogi, accosted Johnny Escolar, a student, and
demanded the latters cellular phone and wrist watch. Because Johnny
resisted, Bastonero pulled out a knife and stabbed Johnny several
times in the chest, causing instantaneous death. Bastonero and Tirador
then ran away. The affidavits were executed by William Tan- and Henry
Uy, classmates of Johnny, who witnessed the entire incident. The death
certificate was issued by Dr. Jose Cabra who conducted the autopsy on
Johnny.
As Assistant City Prosecutor in Manila, prepare the appropriate
criminal information to be filed in court. (10%)
SUGGESTED ANSWER:
NATIONAL CAPITALJUDICIAL REGION
REGIONAL TRIAL COURT MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -
CRIM CASE NO.

For: Robbery with Homicide
EDGAR BASTONERO alias BUGOY

and CARLOS TIRADOR alias POGI,
Accused.
INFORMATION
The undersigned Assistant City Prosecutor of Manila hereby
accuses Edgar Bastonero alias Bugoy and Carlos Tirador alias
Pogi, of the crime of ROBBERY WITH HOMICIDE, committed as
follows:
That on or about 6:00 p.m. of September 13, 2009 at the corner
of Dapitan and Dos Castillas Streets, Sampaloc, Manila, Philippines,
within the jurisdiction of this Honorable Court, the said accused,
conspiring and confederating together and mutually aiding each
other, with the use of superior force, and with intent to gain, did then
and there, willfully, unlawfully and feloniously, and by means of

violence, take and take away from one JOHNNY EXCOLAR, a student,
one cellular phone and a wrist watch belonging to the said JOHNNY
ESCOLAR, of the total value of One Hundred Thousand
Pesos(P100,000.00), to the damage and prejudice of the said owner,
and on the same occasion and for the purpose of enabling them to
take away the articles above mentioned, the herein accused, in
pursuance of their conspiracy, did then and there willfully, unlawfully
and feloniously, with intent to kill, and taking advantage of their
superior number and strength, treacherously attack, assault, and
repeatedly stab the said JOHNNY ESCOLAR in the chest with a knife,
thereby inflicting multiple chest wounds on the said person which
directly caused his death.
Contrary to law.
Manila, Philippines, 2009
Assistant City Prosecutor
I hereby certify that a preliminary investigation was conducted
by me, in which the accused were given an opportunity to present their
evidence, and on the basis of the affidavits presented, there is prima
facie reason to believe that a crime has been committed and that the
accused are probably guilty thereof.
Witnesses:
Names
William Tan
Henry Uy
Dr. Jose Cabra
Addresses
Bail Recommended: P100,000.00 for each accused.

I
Christine was appointed counsel de oficio for Zuma, who was
accused of raping his own daughter. Zuma pleaded not guilty but
thereafter privately admitted to Christine that he did commit the crime
charged.
[a] In light of Zumas admission, what should Christine do?
Explain. (3%)
SUGGESTED ANSWER:
Christine should continue to act as counsel de oficio for Zuma.
Christine was appointed counsel de oficio and should not decline to do
so even if she believes her client to be guilty. Her client is entitled to
the presumption of innocence and is not obliged to plead guilty. There
is no fraud involved in his pleading not guilty.
ALTERNATIVE ANSWER:
Rule 19.02 of the Code of Professional Responsibility (CPR)
provides that a lawyer who has received information that his client
has, in the course of the representation, perpetuated a fraud upon a
person or tribunal, shall promptly call upon the client to rectify the
same, and failing which he shall terminate the relationship with such
client in accordance with the Rules of Court. In the light of this
provision, Christine should call upon Zuma to immediately rectify the
fraud he committed upon the court by pleading not guilty when he
really committed the crime charged.
[b] Can Christine disclose the admission of Zuma to the court?
Why or why not? (2%)
SUGGESTED ANSWER:
Christine cannot disclose the admission of Zuma to the Court. If
she does so, she will violate her obligation to preserve confidences or
secrets of her client (Canon 21, Rule 21.02, CPR). The privileged
communication between lawyer and client may be used as a shield to
defend crimes already committed.
[c] Can Christine withdraw as counsel of Zuma should he insist in
going to trial? Explain. (3%)
SUGGESTED ANSWER:
No. Christine cannot withdraw as counsel of Zuma should he
insist in going to trial. It is Christines duty and moral obligation when
she accepted the assignment as Zumas counsel de oficio. It is not up
to her to judge him to be guilty; that is the responsibility of the court.
She should not ask the court to excuse her from her responsibility as
counsel de oficio.
ALTERNATIVE ANSWER:
Pursuant to Rule 19.02 Christine should terminate her
relationship with Zuma in accordance to Section 26, Rule 138 of the
Rules of Court, which provides that a lawyer may retire at any time
from an action by the written consent of the client, or, without such
consent, by permission of the court upon notice to the client and
hearing. Christine should therefore first try to secure the written
consent of Zuma to her withdrawal as his counsel, and if he refuses,
she can file a motion asking the court to allow her to withdraw as such
counsel, for serious and sufficient cause (Rule 14.02, CPR).
II
In 1998, Acaramba, a telecommunications company, signed a
retainer agreement with Bianca & Sophia Law Office (B & S) for the
latters legal services for a fee of P2,000 a month. From 1998 to 2001,
the only service actually performed by B & S for Acaramba was the
review of a lease agreement and representation of Acaramba as a
complainant in a bouncing checks case. Acaramba stopped paying
retainer fees in 2002 and terminated its retainer agreement with B 6s
S in 2005. In 2007, Temavous, another telecommunications company,
requested B & S to act as its counsel in the following transactions: (a)
the acquisition of Acaramba; and (b) the acquisition of Super-6, a
company engaged in the power business.
In which transactions, if any, can Bianca & Sophia Law Office
represent Temavous? Explain fully. (7%)
SUGGESTED ANSWER:
B & S cannot represent Temavous in the transaction for the
acquisition of Acaramba, as this will constitute conflict of interest.
One of the tests of conflict of interest is whether or not in the
acceptance of a new relation, the lawyer would be called upon to use
against a client confidential information acquired or presumed to
have been acquired through their connection. Another test is whether
the acceptance of a new relation would invite suspicion of
unfaithfulness or double dealing in the performance of the lawyers
duty of undivided fidelity or loyalty to the client (Quiambao v. Bamba,
468 SCRA 1 [2005]). The rule covers not only cases in which
confidential communications have been confided, but also those in
which no confidence has been bestowed or will be used. In addition,

the rule holds even if the inconsistency is remote or merely probable
or the lawyer has acted in good faith with no intention to represent
conflicting interests. (Heirs of Lydio Terry Falanme v. Atty. Edgar J.
Baguio, A.C. 6876, March 7, 2008)
ALTERNATIVE ANSWER:
There seems to be no conflict of interest involved if B & S will
act as counsel for Temavous in the acquisition of Acaramba.
Acaramba is no longer its client, and the only service Acaramba asked
B & S to render during their relationship was to review a lease
agreement and handle a bouncing checks case. U.S. courts have
denied disqualification where there is no evidence that the law firm
has acquired confidential information during the prior representation
that would be of value in the current representation.
b) S & B can represent Temavous in the acquisition of Super-6.
The subject matter of such transaction is no longer related to the
work that the law firm had previously performed for Acaramba. There
is no conflict of interest involved, even though Acaramba and
Temavous are competing companies.
III
Dumbledore, a noted professor of commercial law, wrote an
article on the subject of letters of credit which was published in the
IBP Journal.
[a] Assume he devoted a significant portion of the article to a
commentary' on how the Supreme Court should decide a pending
case involving the application of the law' on letters of credit. May he
be sanctioned by the Supreme Court? Explain. (4%)
SUGGESTED ANSWER:
Professor Dumbledore may be sanctioned by the Supreme
Court. Rule 13.02 of the CPR provides that a lawyer shall not make
public statements in the media regarding a pending case tending to
arouse public opinion for or against a party. The court in a pending
litigation must be shielded from embarrassment or influence in its
duty of deciding the case.
[b] Assume Dumbledore did not include any commentary on the
case. Assume further after the Supreme Court decision on the case
had attained finality, he wrote another IBP Journal article, dissecting
the decision and explaining why the Supreme Court erred in all its
conclusions. May he be sanctioned by the Supreme Court? Explain.

(3%)
SUGGESTED ANSWER:
He may not be sanctioned by the Supreme Court.
Once a litigation is concluded, the judge who decided it is
subject to the same criticism as any other public official, because his
decision becomes public property and is thrown open to public
consumption. The lawyer enjoys a wide latitude in commenting or
criticizing the judge's decision, provided that such comment or
criticism shall be bona fide and not spill over the bounds of decency
and propriety.
IV
Chester asked Laami to handle his claim to a sizeable parcel of
land in Quezon City against a well-known property developer on a
contingent 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 compromise settlement.
Chester signed the contingent fee agreement.
[a] Assume the property developer settled the case after the
case was decided by the Regional Trial Court in favor of Chester for PI
Billion. Chester refused to pay Laami PI50 Million on the ground that it
is excessive. Is the refusal justified? Explain. (4%)
SUGGESTED ANSWER:
The refusal of Chester to pay is unjustified. A contingent fee is
impliedly sanctioned by Rule 20.01 (f) of the CPR. A much higher
compensation is allowed as contingent fees in consideration of the
risk that the lawyer will get nothing if the suit fails. In several cases,
the Supreme Court has indicated that a contingent fee of 30% of the
money or property that may be recovered is reasonable. Moreover,
although the developer settled the case, it was after the case was
decided by the Regional Trial Court in favor of Chester, which shows
that Atty. Laarni has already rendered service to the client.
ALTERNATIVE ANSWER:
Chesters refusal to pay Atty. Laarni P150 million as attorneys

fees on the ground that it is excessive, is justified. In the case of
Sesbreno v. Court of Appeals (245 SCRA 30 [1995]), the Supreme
Court held that contingent fee contracts are under the supervision
and close scrutiny of the court in order that clients may be protected
from unjust charges and that its validity depends on a large
measure on the reasonableness of the stipulated fees under the
circumstances of each case. Also, stipulated attorneys fees are
unconscionable whenever the amount is by far so disproportionate
compared to the value of the services rendered as to amount to fraud
perpetuated against the client. Considering the circumstances that
the case was decided by settlement of the property developer, the
attorneys fee of P150 Million would be unconscionable.
[b] Assume there was no settlement and the case eventually
reached the Supreme Court which promulgated a decision in favor of
Chester. This time Chester refused to convey to Laarni 15% of the
litigated land as stipulated on the ground that the agreement violates
Article 1491 of the Civil Code which prohibits lawyers from acquiring
by purchase properties and rights which are the object of litigation in
which they take part by reason of their profession. Is the refusal
justified? Explain. (4%)
SUGGESTED ANSWER:
Chester's refusal is not justified. A contingent fee agreement is
not covered by Art. 1491 of the Civil Code, because the transfer or
assignment of the property in litigation takes effect only upon finality
of a favorable judgment (Director of Lands v. Ababa, 88 SCRA 513
[1979]; Macariola v. Asuncion, 114 SCRA 77 [1982]).
V
The vendor filed a case against the vendee for the annulment
of the sale of a piece of land.
[a] Assume the vendee obtained a summary judgment against
the vendor. Would the counsel for the defendant vendee be entitled to
enforce a charging lien? Explain. (4%)
SUGGESTED ANSWER:
A charging lien, to be enforceable as security for payment of
attorneys fees, requires as a condition sine qua non a judgment for
money and execution in pursuance of such judgment secured in the

main action by the attorney in favor of his client [Metropolitan
Bankv. Court of Appeals, 181 SCRA 367 [1990]). A summary
judgment against the vendor in this case only means that his
complaint was dismissed. This is not a judgment for payment of
money, hence, a charging lien cannot attach. However, if the
judgment should include a money judgment in favor of the vendee on
his counterclaim, a charging lien can properly be enforced.
[b] Assume, through the excellent work of the vendees counsel
at the pre-trial conference and his wise use of modes of discovery,
the vendor was compelled to move for the dismissal of the complaint.
In its order the court simply granted the motion. Would your answer
be the same as in question (a)? Explain. (3%)
SUGGESTED ANSWER:
My answer will not be the same, because a dismissal simply on
motion of plaintiff to dismiss will certainly not include a judgment for
a sum of money; hence, no charging lien can attach.
VI
Atty. Abigail filed administrative cases before the Supreme Court
against Judge Luis. Thereafter, Atty. Abigail filed a Motion for Inhibition
praying that Judge Luis inhibit himself from trying, hearing or in any
manner acting on all cases, civil and criminal, in which Atty. Abigail is
involved and handling.
Should Judge Luis inhibit himself as prayed for by Atty. Abigail?
Explain fully. (6%)
SUGGESTED ANSWER:
Judge Luis should not inhibit himself. The mere filing of an
administrative case against a judge is not a ground for disqualification
on the ground of bias and prejudice (Aparicio v. Andal, 175 SCRA 569
[1989]; Medina v. De Guia, 219 SCRA 153 [1993]; Mantaring v. Roman,
Jr., 254 SCRA 158 [1996]).
VII
In need of legal services, Niko secured an appointment to meet

with Atty. Henry of Henry & Meyer Law Offices. During the meeting, N
Niko divulged highly private information to Atty. Henry, believing that
the lawyer would keep the confidentiality of the information.
Subsequently, Niko was shocked when he learned that Atty. Henry had
shared the confidential information with his law partner, Atty. Meyer,
and their common friend, private practitioner Atty. Canonigo. When
confronted, Atty. Henry replied that Niko never signed any
confidentiality agreement, and that he shared the information with the
two lawyers to secure affirmance of his legal opinion on Nikos
problem. Did Atty. Henry violate any rule of ethics? Explain fully. (7%)
SUGGESTED ANSWER:
Atty. Henry violated Canon No. 21 of the CPR by sharing
information obtained from his client Niko with Atty. Canonigo. Canon
No. 20 provides that a lawyer shall preserve the confidences or
secrets of his client even after the attorney-client relationship is
terminated. The fact that Atty. Canonigo is a friend from whom he
intended to secure legal opinion on Nikos problem, does not justify
such disclosure. He cannot obtain a collaborating counsel without the
consent of the client (Rule 18.01, CPR).
On the other hand, Atty. Henry did not violate Canon 21 in
sharing information with his partner Atty. Meyer. Rule 21.04 of the CPR
specifically provides that a lawyer may disclose the affairs of a client
of the firm to partners or associates thereof unless prohibited by the
client. Atty. Henry was not prohibited from disclosing the affairs of
Niko with the members of his law firm. The employment of a member
of a firm is generally considered as employment of the firm itself
(Hilado v. David, 84 Phil. 569 [1949]).
VIII
State, with a brief explanation, whether the lawyer concerned
may be sanctioned for the conduct stated below.
[a] Filing a complaint that fails to state a cause of action,
thereby resulting in the defendant succeeding in his motion to
dismiss. (3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned for lack of competence and
diligence (Canon 18, CPR). Rule 18.02 provides that a lawyer shall not
handle a case without adequate preparation. Filing a complaint that
fails to state a cause of action resulting to the dismissal of his case
shows incompetence and lack of adequate preparation.
[b] A suspended lawyer working as an independent legal
assistant to gather information and secure documents for other
lawyers during the period of his suspension. (3%)
SUGGESTED ANSWER:
The lawyer may be not be sanctioned. Practice of law has been
defined as any activity, inside or outside the courtroom which requires
knowledge of the law and procedure (Cayetano v. Monsod, 201 SCRA
210 [1991]). The act of gathering information and securing documents
for other lawyers, and not for a client, does not constitute practice of
law. Any clerk can be tasked by a lawyer to perform such services.
However, if these acts will involve the exercise of professional
judgment of a lawyer, the essence of which has been said to be his
educated ability to relate the general body of and philosophy of law to
a specified legal problem, such acts would constitute practice of law,
and the suspended lawyer can be sanctioned for performing them.
[c] A suspended lawyer allowing his non-lawyer staff to actively
operate his law' office and conduct business on behalf of clients during
the period of suspension. (3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned. A lawyer shall not delegate to
any unqualified person the performance of any task which by law may
only be performed by a member of the bar in good standing (Rule 9.01,
CPR)
[d] Keeping money he collected as rental from his clients
tenant and remitting it to the client when asked to do so. (3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned for not delivering the rentals
that he collected from the clients tenant Immediately, and waiting
for his client to ask for it yet. In the case of Licuanan v. Melo (170
SCRA 100 [1989]), a lawyer who collected the rentals of his clients
property for a period of one year without reporting and/or delivering
such collections to his client until the latter demanded for it, was
disbarred by the Supreme Court. Money collected for the client
should be reported and accounted for promptly.

ALTERNATIVE ANSWER:
The lawyer may not be sanctioned as long as he holds his
clients funds in trust and accounts for them and delivers them upon
demand (Canon 16, Rules 16.01, 16.03, CPR).
[e] Refusing to return certain documents to the client pending
payment of his attorneys fees. (3%)
SUGGESTED ANSWER:
He may not be sanctioned. He is entitled to a retaining lien by
virtue of which he may retain the funds, documents and papers of his
client which have lawfully come into his possession, until his lawful
fees and disbursements have been paid (Sec. 37, Rule 138, Rules of
Court).
[f] An unwed female lawyer carrying on a clandestine affair with
her unwed male hairdresser. (3%)
SUGGESTED ANSWER:
She may not be sanctioned. In Soberano v. Villanueva (6 SCRA.
891 [1962]), the Supreme Court held that intimacy between a man and
a woman who are of age and are not disqualified from marrying each
other is neither so corrupt as to constitute a criminal act nor so
unprincipled as to warrant disbarment or disciplinary action against the
man as a member of the Bar.
[g] Not paying the annual IBP dues. (3%)
SUGGESTED ANSWER:
It is the duty of every lawyer to support the activities of the
Integrated Bar of the Philippines (Canon 7, CPR). Default in payment of
IBP dues for six months shall warrant suspension of membership to the
Integrated Bar, and default to make such payment for one year shall
be a ground for the removal of the delinquent member from the Roll of
Attorneys (InReAtty. Marcial Edition, 84 SCRA 554 [1978]).
IX
State, with a brief explanation, whether the judge concerned
may be sanctioned for the conduct stated below.
[a] Refusing to inhibit himself although one of the lawyers in the
case is his second cousin. (3%)

SUGGESTED ANSWER:
One of the mandatory grounds for inhibition of a judge is when
he is related to any of the lawyers handling a case before him within
the fourth civil degree of consanguinity or affinity. (Sec. 5 [f], New Code
of Judicial Conduct, Section 1, Rule 137, Rules of Court). A second
cousin of a judge is his relative within the sixth degree, hence, he may
not be sanctioned for not inhibiting on such ground.
[b] Deciding a case in accordance with a Supreme Court ruling
but adding that he does not agree with the ruling. (3%)
SUGGESTED ANSWER:
There is nothing wrong with such conduct. In fact, in Santos, 50
O.G. 3546, cited in Vivo v. Cloribel (18 SCRA 713 [1966]) and Albert v.
CFI of Manila, Br. VI (23 SCRA 948 [1968]), the Supreme Court ruled
that if a judge of a lower court feels that a decision of the Supreme
Court is against his way of reasoning or against his conscience, he may
state his opinion, but apply the law in accordance with the
interpretation of the Supreme Court.
[c] Dictating his decision in open court immediately after trial.
(3%)
SUGGESTED ANSWER:
There is no rule prohibiting such conduct, especially in simple
cases such as when an accused pleads guilty to an Information for a
minor offense. But in complex and serious cases, such conduct maybe
considered improper, and the judge accused of arriving at hasty
decisions. In the case of People v. Eleuterio (173 SCRA 243 [1989]), the
Supreme Court criticized the same conduct of the judge in the
following words:
The Court agrees, however, that Judge Enrique Agana was
exceptionally careless, if not deliberately high-handed, when he
immediately after the trial dictated his decision in open court. One may
well suspect that he had prejudged the case and had a prepared
decision to foist upon the accused even the submission of the case.
And what is worse is that the decision was wrong.
X
Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross
Subdivision, Quezon City, which he leased to Jun Miranda for a term of
two years starting May 1, 2006, at a monthly rental of P50,000. Jun
defaulted in the payments of his rentals for six (6) months, from
January 1, 2007 to June 30, 2007.
[a] Prepare a demand letter as lawyer of Ian Alba addressed to
Jun Miranda preparatory to filing an ejectment case. (3%)
SUGGESTED ANSWER:
July 10, 2007
Mr. Ian Alba
No. 9, West Aguila St.
Green Cross Subdivision
Quezon City
Dear Sir:
This is with reference to your lease of the house and lot of my
client, Mr. Jun Miranda, located at your above stated address.
You leased the said property for a period of two years starting
from May 1, 2006, at a monthly rental of P50,000.00. However, you
have defaulted in the payment of the said rentals for six months
already, from January 1, 2007 to June 30, 2007.
In view thereof, my client is hereby terminating your lease, and
demand is hereby made upon you to vacate the leased premises and
pay your rentals in arrears within five (5) days from your receipt hereof.
Yours truly,
Atty. X
[b] Assume Jun Miranda did not heed your demand letter. Draft a
complaint for ejectment. (Omit verification and affidavit of non-forum
shopping). (9%)
SUGGESTED ANSWER:
METROPOLITAN TRIAL COURT
QUEZON CITY
JUN MIRANDA,
Plaintiff,
- versus -
CIVIL CASE No.

For: Unlawful Detainer
IAN ALBA,
Defendant.
X------------------------X
COMPLAINT
PLAINTIFF, through undersigned counsel, respectfully alleges
that:
1.
Plaintiff is of legal age and a resident of No. 7, West
Aguila St., Green Cross Subdivision, Quezon City, while defendant is of
legal age and a resident of No. 9, West Aguila St., Green Cross
Subdivision, Quezon City, where he may be served with summons;
2.
Plaintiff is the owner of a house and lot located at No.
9, West Aguila St., Green Cross Subdivision, Quezon City;
3.
On May 1, 2006, defendant leased the said house and
lot from the plaintiff for a period of two (2) years starting on the said
date, at a monthly rental of P50,000,00 a month, payable within the
first five (5) days of each month;
4.
By virtue of the said lease, possession n of the said
house and lot was delivered to the defendant starting May 1, 2006;
5.
However, defendant defaulted in the payment of the
monthly rentals for six (6) months, from January 1, 2007 to June 30,
2007;
6.
Due to the default of the defendant in the payment of
his rent, the plaintiff, through undersigned counsel, sent him a letter
dated July 10,2007, terminating his lease and demanding that he
vacate the leased premises and pay his rentals in arrears within five
(5) days from receipt of the said letter; a copy of the said letter is
hereto attached as Annex A hereof;
7.
Defendant received the said letter on July 15, 2007,
as shown by his signature at the bottom of Annex A hereof, but he
failed and refused, and until the present continues to fail and refuse,
without justifiable cause, to vacate the premises and pay his rentals in
arrears;
8.
Due to the refusal and/or failure of the defendant to
comply with plaintiffs plainly just and valid claim, plaintiff was
compelled to file this complaint, and to engage the services of legal
counsel for a fee of P50,000.00, for which defendant should be held
liable.
WHEREFORE, it is respectfully prayed that, after due hearing,
judgment be rendered:
(a)
Ordering the defendant to vacate the house and lot
located at No. 9, West Aguila St., Green Cross Subdivision, Quezon
City, and surrender possession thereof peacefully to the plaintiff;
(b)
Ordering the defendant to pay the plaintiff rentals in
arrears at the rate of P50,000.00 a month from January 1, 2007 until
the time that he actually vacates the leased premises;
(c)
Ordering the defendant to pay the plaintiff the sum of
P50,000,00 as attorneys fees; and,
(d)
Ordering the defendant to pay the costs of suit.
Plaintiff prays for such other and further reliefs as may be just
and equitable under the premises.
Atty. X
(Address)
(Attorney Roll No.)
IBP O. R. No. (date & place of issue)
PTR O.R. No. (date & place of issue)
XI
Draft a complete deed of donation of a piece of land in
accordance with the form prescribed by the Civil Code. (8%)
SUGGESTED ANSWER:
DEED OF DONATION
That, for an in consideration of the love and affection which I

bear for the donee, I, Mr. A.B., Filipino, of legal age, single and a
resident of No. 7, West Aguila St, Green Cross Subdivision, Quezon City,
Manila, have donated, as I hereby donate, to the Donee, Miss C.D., of
legal age, single and a resident of No. 11, West Agiuila St., Green Cross
Subdivision, Quezon City, that certain parcel of land and the
improvements thereon located at No. 9, West Aguila St. , Green Cross
Subdivision, Quezon City, covered by Transfer Certificate of Title No.
12345 of the Registry of Deeds of Quezon City, and which is more
particularly described as follows:
(technical description)
And I, the above-named donee, do hereby accept this donation
with deep gratitude to the donor.
IN WITNESS WHEREOF, the parties hereto have signed these
presents, at Quezon City, Philippines, this 25th day of September, 2008.
A.B.
Donor
C.D.
Donee
WITNESSES:
_____________________
_________________________

CITY OF QUEZON
) S.S.
ACKNOWLEDGMENT
In the City of Quezon, Philippines, this 25 th day of September,
2008, before me, a Notary Public in and for the said city, personally
appeared Mr. A.B., with Drivers License No. _____________ issued at
Quezon City, on _________________, and Miss C.D. with Passport No.
_____________, issued at Manila, on _________________, both of whom are
personally known to me and to me known to be the same persons who
executed the foregoing instrument, and they acknowledged to me that
the same is their free and voluntary act and deed.
I further certify that the foregoing instrument is a deed of
donation of a parcel of land with the improvements thereon located at
No. 9 West Aguila St., Green Cross Subdivision, Quezon City, and
consists of pages, including this page, and signed on each and every
page by the said parties and their instrumental witnesses.

NOTARY PUBLIC
Until December 31, 2010
(address & tel. no.)
(Attys. Roll No., date)
(IBP O.R. No., date/place issued)
( PTR O.R. No. date/place issued)
Doc No. _______;
Page No. ______;
Book No. ______;
Series of 2008.

I
(10%)
What are the duties of an attorney?
SUGGESTED ANSWER:
The duties of attorneys can be found either in the Attorneys
Oath, Section 20, Rule 138 of the Rules of Court, or the Code of
Professional Responsibility In the Attorneys Oath:
1. To maintain allegiance to the Republic of the Philippines;
2. To support its Constitution;
3. To obey the laws as well as the legal orders of the duly
constituted authorities therein;
4. To do no falsehood, nor consent to the doing of any in court;
5. To avoid wittingly or unwittingly promoting or suing any
groundless, false or unlawful suit, nor give aid or consent to
the same;
6. To delay no man for money or malice,
7. To conduct himself as a lawyer according to the best of his

knowledge and discretion with all good fidelity well to the
courts as to his clients.
In Section 20, Rule 138 of the Rules of Courts:
1. To maintain the allegiance to the Republic of the Philippines;
2. To maintain the respect due to the courts of justice an and
judicial officers;
3. 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;
4. To employ, for the purposes of maintaining the causes
confided to him, such means only as are 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 client, and to accept no
compensation in connection with his clients 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 a 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 mans
cause from any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself, the
cause of the defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair and
honorable means, regardless of his personal opinion as to the
guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or
liberty, but by due process of law.
In the Code of Professional Responsibility, the duties of a lawyer
are grouped into four, the principal ones in each group being:
A.
Duties to society in general - to uphold the Constitution,

obey the laws of the land and promote respect for the
law and legal processes;
B.
Duties to the legal profession - to uphold the dignity and

integrity of the legal profession;
C.
Duties to the court - to be candid with and promote

respect for the courts and judicial officers, and to assist
the courts in rendering speedy and efficient justice, and,
D.
Duties to the client - to observe candor, fairness and

loyalty to the client; hold the clients money and property
in trust, serve the client with competence and diligence,
and to preserve the confidence of the client.
It is recommended that an enumeration on the basis of any one

of the foregoing sources be given full credit.
II
(10%)
C engaged the services of attorney D concerning various
mortgage contracts entered into by her husband from whom she is
separated fearful that her real estate properties will be foreclosed and
of impending suits for sums of money against her. Attorney D advised
C to give him her land titles covering her lots so he could sell them to
enable her to pay her creditors. He then persuaded her to execute
deeds of sale in his favor without any monetary or valuable
consideration, to which C agreed on condition that he would sell the
lots and from the proceeds pay her creditors. Later on, C came to know
that attorney D did not sell her lots but instead paid her creditors with
his own funds and had her land titles registered in his name.
Did attorney D violate the Code of Professional Responsibility?
Explain.
SUGGESTED ANSWER:
The decision of the Supreme Court in the case of Hernandez v.
Go, (450SCRA 1 [2005]), is squarely applicable to this problem.
Under the same set of facts, the Supreme Court held the lawyer to
have violated Canons 16 of the Code of Professional Responsibility,
which provides as follows:
Canon 16. A lawyer shall hold entrust all moneys and properties
of his client hat may come into his possession.

and Canon 17 of the same Code, which provides s follows:
Canon 17. A lawyer owes fidelity to the cause of his client and
he shall be mindful of the trust and confidence reposed in him.
The Supreme Court further held that the lawyer concerned has
engaged in deceitful, dishonest, unlawful and grossly immoral acts,
which might lessen the trust and confidence reposed by the public in
the fidelity, honesty, and integrity of the legal profession.
Consequently, the Court disbarred him.
III
(10%)
Attorney M accepted a civil case for the recovery of title and
possession of land in behalf of N. Subsequently, after the Regional
Trial Court had issued a decision adverse to N, the latter filed an
administrative case against attorney M for disbarment. He alleged
that attorney M caused the adverse ruling against him; that attorney
M did not file an opposition to the Demurrer to Evidence filed in the
case, neither did he appear at the formal hearing on the demurrer,
leading the trial court to assume that plaintiffs counsel (attorney M)
appeared convinced of the validity of the demurrer filed; that
attorney M did not even file a motion for reconsideration, causing the
order to become final and executory; and that even prior to the
above elements and in view of attorney Ms apparent loss of interest
in the case, he verbally requested attorney M to withdraw, but
attorney M refused. Complainant N further alleged that attorney M
abused his clients trust and confidence and violated his oath of
office in failing to defend his clients cause to the very end.
Attorney M replied that N did not give him his full cooperation;
that the voluminous records turned over to him were in disarray, and
that when he appeared for N, he had only half of the information and
background of the case; that he was assured by Ns friends that they
had approached the judge; that they requested him (M) to prepare a
motion for reconsideration which he did and gave to them; however,
these friends did not return the copy of the motion.
Will the administrative case proper? Give reasons for your
answer.
SUGGESTED ANSWER:
The administrative case will prosper. In failing to file an
opposition to the Demurrer to Evidence and to appear at the hearing
thereof, and, more so, in failing to file a motion for reconsideration of
the order granting the demurrer, thereby causing the same to become
final and executory, Attorney M violated Canon 18 of the Code of
Professional Responsibility, which provides that a lawyer shall serve his
client with competence and diligence, and Rule 18.03 which provides
that a lawyer shall not neglect a legal matter entrusted to him and his
negligence in connection therewith shall make him liable.
In refusing to comply with Ns request to withdraw from the case,
Atty. M violated the rule that a client has the absolute right to
terminate the lawyer client relationship at any time with or without
cause.
Atty. Ms defense that the voluminous records turned over to him
were in disarray and when he appeared for B he had only half of the
information and background of the case, is not meritorious. Rule 18.02
provides that he shall not handle any legal matter without adequate
preparation. He should have been competent and diligent enough to
organize the records given to him, and not go to trial with only half of
the information and knowledge of the case.. It is his duty to go to trial
adequately prepared (Rule 12.01, Code of Professional Responsibility).
His defense that friends of N assured him that they had
approached the judge, and asked him to prepare a motion for
reconsideration, which he allegedly did and gave to them, is incredible.
Even if true, Atty. M violated Canon No. 13 of the Code of Professional
Responsibility which provides that a lawyer shall rely upon the merits
of his cause and refrain from any impropriety which tends to influence
or gives the appearance of influencing the court.
For that matter, even his alleged giving of his motion for
reconsideration to the friends of N for filing, is another instance of
negligence on the part of Atty. M. He should have taken care to file his
motion himself (Francisco v. Portugal, 484 SCRA 57[2006]e).
IV
(10%)
When is recovery of attorneys fees based on quantum meruit
allowed?
SUGGESTED ANSWER:
Recovery of attorneys fees on the basis of quantum meruit is

authorized when (1) there is no express contract for payment of
attorneys fees agreed upon between the lawyer and the client; (2)
when although there is a formal contract for attorneys fees, the fees
stipulated are found unconscionable or unreasonable by the court; and
(3) when the contract for attorneys fees is void due to purely formal
defects of execution; (4) when the counsel, for justifiable cause, was
not able to finish the case to its conclusion; (5) when lawyer and client
disregard the contract for attorneys fees ( Rilloraza vs. Eastern
Telecommunications Phils., 308 SCRA 566 [1999]).
V
(10%)
During the hearing of an election protest filed by his brother,
Judge E sat in the area reserved for the public, no beside his brothers
lawyer. Judge Es brother won the election protest. Y, the defeated
candidate for mayor, filed an administrative case against Judge E for
employing influence and pressure on the judge who heard and decide
the election protest.
Judge E explained that the main reasons why he was there in the
courtroom were because he wanted to observe how election protests
are conducted as he has never conducted one and because he wanted
to give moral support to his brother.
Did Judge E commit an act of impropriety as a member of the
judiciary? Explain.
SUGGESTED ANSWER:
Judge E committed an act of impropriety in appearing in another
court at the hearing of his brothers election protest. In the case of
Vidal v. Dojillo, Jr., (463 SCRA 264 [2005]), which involved the same
facts, the Supreme Court held as follows:
Respondent, in his defense, stated that he attended the hearing
of his brothers election protest case just to give moral support and, in
the process, also observe how election protest proceedings are
conducted. Although concern for family members is deeply ingrained in
the Filipino culture, respondent, being a judge, should bear in mind
that he is also called upon to serve the higher interest of preserving
the integrity of the entire judiciary. Canon 2 of the Code of Judicial
Conduct requires a judge to avoid not only impropriety but also the
mere appearance of impropriety in all activities. Even if respondent

did not intend to use his position as a judge to influence the outcome
of his brothers election protest, it cannot be denied that his presence
in the courtroom during the hearing of his brothers case would
immediately give cause for the community to suspect that his being a
colleague in the judiciary would influence the judge trying the case to
favor his brother.
VI
(Total 10%)
[a] A and B are accused of Estafa by C, the wife of Regional Trial
Court Judge D. Judge D testified as a witness for the prosecution in the
Estafa case. Did Judge D commit an act of impropriety? Give reasons
for your answer. (5%)
[b] What qualities should an ideal judge possess under the New
Code of Judicial Conduct for the Philippine Judiciary? (5%)
SUGGESTED ANSWER:
a)
If the testimony of Judge D is essential for the
prosecution of the estafa case brought by his wife, it is not improper
for him to testify. But if it is not essential, as it does not appear to be
so, his act of testifying will be improper.
Section 3, Canon 1, of the New Code of Judicial Conduct for the
Philippine Judiciary provides , that judges shall refrain from
influencing in any manner the outcome of litigation or dispute
pending before another court of administrative agency. Section
8, Canon 4, of the same Code provides that judges shall not use
nor lend the prestige of the judicial office to advance their
private interests, or those of a member of their family or of
anyone else, nor shall they convey or permit others to convey
the impression that anyone is in a special position imnrouerlv to
influence them in the performance of judicial will convey the
impression that he is trying to influence the presiding judge.
b)
The qualities required of judges by the New Code
of Judicial Conduct for the Philippine-Judiciary are Independence
(Canon 1), Integrity (Canon 2), Impartiality (Canon 3), Propriety (Canon
4) , Equality (Canon 5), and Competence and Diligence (Canon 6).
VII
(Total 10%)
a)
What evidence of identity does the 2004 Rules on
Notarial Practice require before a notary public can officially affix his
notarial seal on and sign a document presented by an individual whom
the notary public does not personally know? (5%)
b)
When can Judges of the Municipal Trial Courts (MTC) and
Municipal Circuit Trial Courts (MCTC) perform the function of notaries
public ex officio, even if the notarization of the documents are not in
connection with the exercise of their official functions and duties? (5%)
SUGGESTED ANSWER:
a)
The required evidence of identity required before a
notary public can officially affix his notarial seal on and sign a
document presented by an individual whom the notary public does not
personally know are as follows:
[a] at least one current identification document issued by an
official agency bearing the photograph and signature of the
individual, or,
[b] the oath or affirmation of one credible witness not privy to
the instrument, document or transaction who is personally
known to the notary public and who personally knows the
individual, or of two credible witnesses neither of whom is privy
to the instrument, document or transaction who each personally
knows the individual and shows to the notary public
documentary identification.
b)
MTC and MCTC judges assigned to municipalities of
circuits with no lawyers or notaries public may, in their capacity as
notary public ex-officio perform any act within the competency of a
regular notary public, provide that:
(1) all notarial fee charged be for the account of the government
and turned over to the municipal treasurer (Lapeha v. Marcos, Adm.
Matter No. 1969- MJ) and (2) certification be made in the notarized
documents attesting to the lack of any lawyer or notary public in such
municipality or circuit (Abadilla v. Tabiliran, Jr., Adm. Matter
MTC-92-716).
VIII
(Total 10%)
Prepare a clause stipulating a right of first refusal to be embodied
in a contract of lease, in case of sale of the property leased.
SUGGESTED ANSWER:
It is hereby agreed that if the Lessor should decide to sell the
leased premises during the period of this lease, he shall first offer the
same in writing to the Lessee who shall have the right to accept the
offer within a period of thirty (30) days from receipt of the same.
Should the Lessee fail or refuse fail to accept, the Lessor may offer to
sell the property to any other person, provided that he cannot offer
the same at a lower price without first extending the same right of first
refusal to the Lessee.
IX
(10%)
Prepare an affidavit of merits to be attached to a Petition for
Relief.
SUGGESTED ANSWER:
)
CITY OF MANILA
) S.S.
AFFIDAVIT OF MERIT
I, Mr. B, of legal age, single, and a resident of Quezon City, after
being duly sworn, depose and state that:
1.
I am the defendant in the case entitled A versus B,
docketed as Case No. 1234 of the Regional Trial Court of Manila, Branch
56, for collection of a sum of money;
2.
On July- 7, 2007, while on our way to the court to attend
the hearing of said case, a truck bumped the taxicab in which my
counsel and I were riding, causing serious physical injuries to both of
us, which necessitated our hospitalization for two months;
3.
Upon our failure to appear in court on that date, the
Honorable Regional Trial Court proceeded with the trial and thereafter
rendered judgment ordering me to pay the plaintiff the amount of
P500,000.00 with interest from January 10, 2006, plus costs. The said
decision was served on my counsel only on September 15, 2007.
4.
If I am given a chance to present evidence, I can show
that the amount being collected from me by the plaintiff has been fully
paid as shown by the receipt, a copy of which is attached hereto as
Annex 1 of this Affidavit;
FURTHER, AFFIANT SAYETH NAUGHT.
B
Affiant
SUBSCRIBED AND SWORN to before me, this 21st day of
September 2007, by the affiant Mr. B who exhibited to me his Passport
No. 345678 issued at Manila, on January 12, 2007.
CD
NOTARY PUBLIC Until
December 31, 2007
Commission No. (address)
Attorneys Roll No. _____________
IBP Membership No. ___________
PTR O.R. No. ________, Manila,
Doc No. _______;

Page No. ______;
Book No. ______;
Series of 2007.
(10%)
Prepare an arbitration clause to be included in a contract.
SUGGESTED ANSWER:
Any dispute that may arise between the parties hereto
concerning the interpretation of this contract and/or on the rights,
duties or liabilities of any party arising hereunder, shall be exclusively
referred to arbitration by a committee of three (3) arbitrators. Each
party shall nominate one arbitrator and the two so nominated shall
choose the third arbitrator. If they cannot agree on the third arbitrator
within sixty (60) days from the date that the last of them was
nominated, the Executive Judge of the Regional Trial Court of Manila
shall be asked to appoint such third arbitrator. Any decision of the
Arbitration Committee shall be final, enforceable and binding on the
parties.

I
1. Why is law a profession and not a trade? 2.5%
SUGGESTED ANSWER:
Law is a profession and not a trade because its basic ideal is to
render public service and secure justice for those who seek its aid. The
gaining of a livelihood is only a secondary consideration.
2. Why is an attorney considered an officer of the court? 2.5% .
SUGGESTED ANSWER:
An attorney is considered an officer of the court because he
forms part of the machinery of justice and as such is subject to the
disciplinary authority of court and to its orders and directions with
regard to his relations to the court as well as to his client (Hi/ado v.
David, 84.SCRA 569 [1949]). A lawyer shall exert every effort and
consider it his duty to assist in the speedy and efficient administration
of justice (Canon 12, Code of Professional Responsibility).
II
1.
Is there a distinction between practicing lawyer" and
trial lawyer? 2.5%
SUGGESTED ANSWER:
A "practicing lawyer is one engaged in the practice of law,
which is not limited to the conduct of cases in court, but includes legal
advice and counseling, and the preparation of instruments and
contracts by which legal rights are secured. (Ulep v. Legal Clinic, Inc.,
223 SCRA 378 [1993]}. A trial lawyer is one who devotes his practice
to handling litigations in court (Cayetano v. Monsod, 201 SCRA 210
[1991]).
2.
Enumerate the instances when a law student may
appear in court as counsel for a litigant. 2.5%
SUGGESTED ANSWER:
a)
Under the Student Practice Rule, a law student who
has successfully completed his third year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law schools
clinical legal education program approved by the Supreme court, may
appear without compensation in any civil, criminal or administrative
case before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school, under
the direct supervision and control of a member of the Integrated Bar of
the Philippines if he appears in a Regional Trial Court, and without such
supervision if he appears in an inferior court (Bar Matter 730, June 10,
1997);
b)
When he appears as an agent or friend of a litigant in
an inferior court (Sec. 34, Rule 138, Revised Rules of Court);
c)
When he is authorized by law to appear for the
Government of the Philippines (Sec. 33, Rule 138, Revised Rules of
Court);
d)
In remote municipalities where members of the bar
are not available, the judge of an inferior court may appoint a nonlawyer who is a resident the province and of good repute for probity
and ability, to aid the defendant in his defense (Sec. 4, Rule 116,
Revised Rules of Court);
e)
A law student may appear before the National Labor
Relations Commission or any Labor Arbiter if he represents himself, as
a party to the case, (b) he represents an organization or its members

with written authorization from them, or (c) he is a duly-accredited
member of any legal aid office duly recognized by the Department of
Justice or the Integrated Bar of the Philippines in cases referred to by
the latter (Art. 222, Labor Code, Kanlaon Construction Enterprises Co.,
Inc. v. NLRC, 279 SCRA 337 [19971);
f)
Under the Cadastral Act, a non-lawyer may
represent a claimant before the Cadastral Court (Sec. 8, Act No.2250).
Ill
1. The Supreme Court suspended indefinitely Atty. Fernandez
from the practice of law for gross immorality. He asked the Municipal
Circuit Trial Court Judge of his town if he can be appointed counsel de
oficio for Tony, a childhood friend who is accused of theft. The judge
refused because Atty. Fernandezs name appears in the Supreme
Courts List of Suspended Lawyers. Atty. Freelances then inquired if he
can appear as a friend for Tony to.defend him.
If you were the judge, will you authorize him to appear in your
court as a friend for Tony? 5% .
SUGGESTED ANSWER:
I will not authorize him to appear as a friend of Tony. The accused
in a criminal case is entitled to be represented by legal counsel, and
only a lawyer can be appointed as counsel de officio. Although a
municipal trial court may appoint a person of good refute to aid the
accused as counsel de officio in his defense, this is applicable only
where members of the bar are not present (Sec. 4, Rule 116, Revised
Rules of Court). Necessarily, the friend referred to one who is not a
lawyer. Atty. Fernandez is a lawyer but under Indefinite suspension. He
should not be allowed to practice law even as a counsel de officio.
2. Supposing Tony is a defendant in a civil case for collection of
sum of money before the same court, can Atty. Fernandez appear for
him to conduct his litigation? 5%
SUGGESTED ANSWER:
Even if Tony is a defendant in a civil case, Atty. Fernandez cannot
be allowed to appear for him to conduct his litigation; otherwise, the
judge will be violating Canon 9 of the Code of Professional
Responsibility which provides that "a lawyer shall not, directly or

indirectly, assist in the unauthorized practice of law.
ANOTHER SUGGESTED ANSWER to 1 and 2:
Yes, if Atty. Fernandez was appointed by Tony. Even if Atty.
Fernandez was suspended indefinitely, he may appear as an. agent or
friend of Tony, the party litigant in the Municipal Trial Court, if Tony
appoints him to conduct his case (Sec. 34, Rule 138, Revised Rules of
Court, Cantimbuhan v. Cruz, Jr., 126 SCRA 190 [1983]).
IV
Atty. Oldie, 80 years old, refuses to pay his IBP dues. He argues
he is a senior citizen and semi-retired from the practice of law.
Therefore, he should be exempt from paying IBP dues.
1.
Is his argument correct? 3%
SUGGESTED ANSWER:
Atty. Oldie is not correct. The Senior Citizens Act is not
applicable to the IBP dues, and there is no such thing as a lawyer, who
is semi-retired in the practice of law (Santos v. Llamas, 322 SCRA 529
[2000]).
For the same reasons, Atty. Oldie also insists that he should be
exempt from the Mandatoiy Continuing Legal Education (MCLE)
requirements.
2.
Should he be exempt? 3%
Atty. Oldie is not exempt from the Mandatory Continuing Legal

Education requirement. The MCLE is required of all members of the
Integrated Bar of the Philippines. As long as a person is a member of
the IBP, he should comply with the MCLE requirement.
V
Myma, petitioner in a case for custody of children against her
husband, sought advice from Atty. Mendoza whom she met at a party.
She informed Atty. Mendoza that her lawyer, Atty. Khan, has been
charging her exorbitant appearance fees when all he does is move for
postponements which have unduly delayed the proceedings; and that
recently, she learned that Atty. Khan approached her husband asking
for a huge amount in exchange for the withdrawal of her Motion for
Issuance of Hold Departure Order so that he and his children can leave
for abroad.
1.
Is it ethical for Atty. Mendoza to advise Myma to terminate
the services of Atty. Khan and hire him instead for a reasonable
attorney's fees? 5%
SUGGESTED ANSWER:
Such advice would be unethical. A lawyer shall conduct himself
with courtesy, fairness and candor toward his professional colleagues
(Canon 8, Code of Professional Responsibility [CPR]). Specifically, he
should not directly or indirectly encroach upon the professional
employment of another lawyer (Rule 8.02, CPR)
2.
What should Atty. Mendoza do about the information
relayed to him by Myma that Atty. Khan approached her husband with
an indecent proposal? 5%
SUGGESTED ANSWER:
Atty. Mendoza can advise her to terminate the services of Atty.
Khan and/or file an administrative case against Atty. Khan. It is the
right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful
counsel (Rule 8.02, CPR).
VI
In his petition for certiorari filed with the Supreme Court. Atty.
Dizon alleged that Atty. Padilla, a legal researcher in the Court of
Appeals, .drafted the assailed Decision; that he is ignorant of the
applicable laws; and that he should be disbarred.
Can Atty. Dizon, in castigating Atty. Padilla, be held liable for
unethical conduct against the Court of Appeals? 5%
SUGGESTED ANSWER:
He can be held liable for lack of respect for the Court of Appeals.
Decisions are rendered by the courts and not the persons or personnel
who may participate therein by virtue of their office. It is highly
improper and unethical for counsel for petitioners to berate the
researcher in appeal. Counsel for the petitioner should be reminded of
the elementary rules of the legal profession regarding respect for the
courts by the use of proper language in its pleadings and should be
admonished for his improper references to the researcher of the CA in
his petition. A lawyer should avoid scandalous, offensive or menacing
language or behavior before the courts (Maglucot-Aw v. Maglucot, 329
SCRA 78 [2000]).
VII
Provincial Prosecutor Bonifacio refused to represent the
Municipality of San Vicente in a case for collection of taxes. He
explained that he cannot handle the case with sincerity and industry
because he does not believe in the position taken by the municipality.
Can Prosecutor Bonifacio be sanctioned administratively? 5%
SUGGESTED ANSWER:
Yes, he can be sanctioned administratively. Unlike a practicing
lawyer who has the right to decline employment, a government lawyer
like a provincial prosecutor cannot refuse the performance of his duties
on grounds not provided for by law without violating his oath of office
(Enriquez, Sr. v. Hon. Gimenez, 107 Phil. 933 [I960]).
ANOTHER SUGGESTED ANSWER:
No, he cannot be sanctioned administratively. A lawyer may
refuse a case which he believes to be unmeritorious, because it is his
duty to counselor 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 (Sec. 20 [c], Rule 138, Revised Rules of Court).
The Canons of the Code of Professional Responsibility are applicable to
government lawyers in the performance of their official tasks (Canon 6,
CPR).
VIII
Prosecutor Coronel entered his appearance on behalf of the State

before a Family Court in a case for declaration of nullity of marriage,
but he failed to appear in all the subsequent proceedings. When
required by the Department of Justice to explain, he argued that the
parties in the case were ably represented by their respective counsels
and that his time would be better employed in more substantial
prosecutorial functions, such as investigations, inquests and
appearances in court hearings.
Is Atty. Coronels explanation tenable? 5%
SUGGESTED ANSWER:
Atty. Coronels explanation is not tenable the role of the States
lawyer in nullification of marriage cases is that of protector of the
institution of marriage (Art 48, Family Code). The task of protecting
marriage as an inviolable social institution requires vigilant .and
zealous participation and not mere pro forma compliance" (MalcampoSin v. Sin, 355 SCRA 285 [2001]). This role could not be left to theprivate counsels who have been engaged to protect the private
interests of the parties.
IX
Atty. Marie consulted Atty. Hernandez whether she can
successfully prosecute her case for declaration of nullity of marriage
she intends to file against her husband. Atty. Hernandez advised her in
writing that the case wall not prosper for the reasons stated therein.
Is Atty. Hernandezs acquiescence to be Noels counsel ethical?
3%
SUGGESTED ANSWER:
No, Atty. Hernandezs acquiescence to be Noels counsel will not
be ethical. It will constitute a conflict of interests. When Atty. Marie
consulted Atty. Hernandez for advice on whether she can successfully
prosecute her case for declaration of nullity of her marriage to Noel,
and he advised her that it will not prosper, a lawyer-client relationship
was created between them, although his advice was unfavorable to
her. From that moment, Atty. Hernandez is barred from accepting
employment from the adverse party concerning the same matter about
which she had consulted him (Hi/ado v. David, 84 Phil. 569 [1949]).
X
In the course of a drinking spree with Ally. Holgado Who has
always been his counsel in business deals, Simon bragged about his
recent sexual adventures with socialites known for their expensive
tastes. When Ally. Holgado asked Simon how he manages to finance his
escapades, the latter answered that he has been using the bank
deposits of rich clients of Banco Filipino where he works as manager.
Is Simons revelation to Atty. Holgado covered by the attorneyclient privilege? 5%
SUGGESTED ANSWER:
Simons revelation to Atty. Holgado is not covered by the lawyerclient privilege. In the first place, it was not made on account of a
lawyer-client relationship, that is, it was not made for the purpose of
seeking legal advice. In the second place, it was not made in
confidence. (Mercado v. Vitriolo, 459 SCRA 1 [2005]). In the third place,
the attorney-client privilege does not cover information concerning a
crime or a fraud .being committed or proposed to be committed.
XI
The contract of attorneys fees entered into by Atty. Quintos and
his client, Susan, stipulates that if a judgment is rendered in her favor,
he gets 60% of the property recovered as contingent fee. In turn, he
will assume payment of all expenses of the litigation.
1. Is the agreement valid? 2.5%
SUGGESTED ANSWER:
The agreement that the lawyer will assume payment of all the
expenses of litigation makes it a champertous contract, which is
invalid.
2. May Atty. Quintos and Susan increase the amount of the
contingent fee to 80%? 2.5%
SUGGESTED ANSWER:
Atty. Quintos and Susan can freely agree to increase the amount
of the contingent fee to 80%, but as long as the agreement, is still
champertous, the agreement will still be invalid. Besides, even if there
is no champertous provision present, the contingent fee of 80% of the
property recovered could still be considered as unconscionable,
because it is so disproportionate as to indicate that an unjust
advantage had been taken of the client, and is revolting to human
conscience. Contracts for attorneys fees are always subject to control
by the courts.
XII
1.
What is Assumpsit and when is it proper? 2%
SUGGESTED ANSWER:
Assumpsit is an action in common law for the recovery of
damages for the non-performance of a parol or simple contract,
(Bouviers Law Dictionary, Vol. 1, pp. 269-270). The term has been
used in relation to the collection of attorneys fees on a quantum
meruit basis. Where the lawyer has been employed without a contract
for his compensation, he is entitled to recover an amount his services
merit, on the basis of an implied promise by the client to pay for such
services. This has been referred- to as an assumpsit on quatum meruit
(Qui/ban v. Robino/ 171 SCRA 768 [1989]).
2.
Give 4 instances when a client may validly refuse to pay
his lawyer the full amount of attorneys fees stipulated in their written
contract. 4%
SUGGESTED ANSWER:
Any four of the following instances constitute valid grounds for
client to refuse to pay the full amount of the attorneys fees stipulated
in their contract:
a.
duties;
When the lawyer was negligent in the performance of his
b.
services;
When the lawyer gave just cause for the termination of his
c.
When the lawyer unceremoniously withdraws from or
abandons a case without just cause;
d.
When the lawyer simultaneously represents an adverse
interest without his clients consent;
e.
When the amount fixed is excessive, unconscionable, or
unreasonable;
f.
Where the contract of employment is void because of
some irregularity in its execution or as to purely formal matters.
XIII
What are the primary duties imposed by the Lawyers Oath upon
every member of the Bar? 5%
SUGGESTED ANSWER:
a.
Maintain allegiance to the Republic of the Philippines,
support its Constitution and obey the laws as well as legal orders of
duly constituted authorities;
b.
Do no falsehood nor consent to the doing of any in court;
c.
Not to wittingly or willingly promote or sue any groundless,
false or unlawful suit or give aid nor consent to the same;
d.
Delay no man for money or malice;
e.
To conduct himself as a lawyer according to the best of his
knowledge and discretion, with all good fidelity as well to the court as
to his clients (Rule 138, Sec. 3 Rules of Court).
XIV
Atty. Perez was admitted as a member of the New York Bar. While
in Manhattan, he was convicted of estafa and was disbarred.
Does his disbarment in New York a ground for his automatic
disbarment in the Philippines? 2.5%
SUGGESTED ANSWER:
The disbarment or suspension of a member of the Philippine Bar

by a competent court or other disciplinary agency in a foreign
jurisdiction where he has also been admitted as an attorney is a
ground for his disbarment or suspension if the basis of such action
includes any of the acts hereinabove enumerated.
The judgment, resolution or order of the foreign court or
disciplinary agency shall be primafacie evidence of the ground for
disbarment or suspension (pars. 2 & 3, Section 27, Rule 138, as
amended by Supreme Court Resolution, dated February 13,1992).
Thus, the disbarment of Atty. Perez in New York for estafa is a
ground for his disbarment in the Philippines. However, such disbarment
in the Philippines is not automatic. Atty. Perez is still entitled to due
notice and hearing. (In Re Suspension from the Practice of Law in the
Territory of Guam of Atty. Leon G. Maquera, 435 SCRA 417 (2004]).
XV
Which of the following acts does not constitute a ground, for
disbarment? Explain. 2.5%
1.
Gross misconduct;
2.
Fraudulent misrepresentation;
3.
Grossly immoral conduct;
4.
Violation of the Lawyers Oath;
5.
Willful disobedience to a lawful order of the Supreme Court;
6.
Malpractice;
7.
Appearance of a non-lawyer as an attorney for a litigant in

a case.
SUGGESTED ANSWER:
No. 7, Appearance of a non-lawyer as an attorney for a litigant in
a case", is not a ground for disbarment, for the simple reason that the
offender is not a lawyer, and only a lawyer can be disbarred.
XVI
Draft an Affidavit of Desistance in a criminal case for acts of
lasciviousness. (Exclude the jurat) 5%
SUGGESTED ANSWER:
CITY OF MANILA
) S.S.
AFFIDAVIT OF DESISTANCE
I, __________________, of legal age, single and a resident of
___________ after having been duly sworn in accordance with law,
hereby depose and state:
1.
That I am the complainant in Criminal Case No.
________ of the Metropolitan Trial Court of Manila, Branch _____, for Acts
of Lasciviousness;
2.
That, after listening to the explanation of the
accused, I am convinced that he acted unintentionally and without
malicious intent;
3.
That I am no longer interested in the prosecution of
the said case, and I am hereby desisting from the same.
Affiant
(jurat)
XVII
Draft an Affidavit of Self-Adjudication of the estate of a deceased
person. (Exclude the jurat) 5%
SUGGESTED ANSWER:
CITY OF MANILA
) S.S.
AFFIDAVIT OF SELF-ADJUDICATION
I, __________________, of legal age, single and a resident of Manila
after having been duly sworn in accordance with law, hereby depose
and state:
1.
That ____________, a resident of __________, died on
September 1, 2006, without a last will and testament;
2.
That I am the sole heir of the said deceased, being
his only child by his wife who has predeceased him;
3.
That the said deceased left real and personal
properties consisting of his house and lot located at Manila, and
covered by TCT No. _____________ of the Register of Deeds of Manila,
and personal belongings found in the said house;
4.
That the said deceased left no debts;
5.
That, wherefore, I hereby adjudicate all of the abovedescribed properties of the deceased to myself as his sole heir.
Manila, September ____________,
2006.
Affiant
(jurat)
XVIII
Draft an Information charging Obet Buena with arson filed with
the Regional Trial Court. Branch 10, Manila. 10%
SUGGESTED ANSWER:
REGIONAL TRIAL COURT, BRANCH 10
MANILA
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -
CRIMINAL CASE No.___________
OBET BUENA,
Accused.
X------------------------------------------------X
The undersigned Public Prosecutor hereby accused OBET BUENA
of the crime of ARSON, committed as follows:
That, on or about September 1,2006, at about 10:00
p.m. at nighttime purposely sought to facilitate the
commission of the offense, at St., District of Quiapo, City of
Manila and within the jurisdiction of this Honorable Court,
the said accused did then and there willfully, unlawfully
and feloniously perform all the acts of execution which
would produce the crime of arson as a consequence, by
throwing a lighted torch and a can of gasoline at a
Barangay Hall in the said street, causing as a result the
complete burning and destruction of the same to the
damage and prejudice of the City of Manila, in the amount
of P5,000,0,00.00.
Contrary to law.
Manila, September ____, 2006.
Public Prosecutor
Certification
I hereby certify that a preliminary investigation of the aboveentitled case was conducted under my direction, and that there is
prima facie evidence that a crime has been committed and that the
accused is probably guilty thereof.
Public Prosecutor

I
Multiple choice. Choose the correct answer. Write the letter

corresponding to your answer.
(1)Which of the following need not be verified?
a)
Petition for Certiorari;
b)
Interpleader;
c)
Petition for Habeas Corpus;
d)
Answer with compulsory counterclaim;
e)
All pleadings under

Procedure. (2%)
the
Rules
on
Summary
SUGGESTED ANSWER:
The following need not be verified: (b), (d)
(2)Which of the following statements is false?
a) All administrative cases against Justices of appellate courts
and judges of lower courts fall exclusively within the jurisdiction
of the Supreme Court.
b) Administrative cases against erring Justices of the Court of
Appeals and Sandiganbayan, judges, and lawyers in the
government service are not automatically treated as disbarment
cases.
c) The IBP Board of Governors may, motu proprio, or upon
referral by the Supreme Court or by a Chapter Board of Officers,
or at the instance of any person, initiates and prosecutes proper
charges against erring lawyers including those in the government
service.
d) The filing of an administrative case against the judge is not
a ground for disqualification/inhibition.
e) Trial courts retain jurisdiction over the criminal aspect of
offenses committed by justices of appellate courts and judges of
lower courts. (2%)
SUGGESTED ANSWER:
The following statement is false: (b).

(3)
On which of the following is a lawyer proscribed from
testifying as a witness in a case he is handling for a client.
a)
On the mailing of documents:
b)
On the authentication or custody of any instrument:
c)
On the theory of the case;
d)
On substantial matters in cases where his testimony is
essential to the ends of justice. (2%)
SUGGESTED ANSWER:
The lawyer is proscribed from testifying on the following as a
witness in a case he is handling for a client:
c).
[NOTE: The instructions in the questionnaire as well as the questions
themselves do not require any explanation.]
II
Mike Adelantado, an aspiring lawyer, disclosed in his petition to
take the 2003 Bar Examinations that there were two civil cases
pending against him for nullification of contract and damages. He was
thus allowed to conditionally take the bar, and subsequently placed
third in the said exams.
In 2004, after the two civil cases had been resolved, Mike
Adelantado filed his petition to take the Lawyer's Oath and sign the Roll
of Attorneys before the Supreme Court. The Office of the Bar Confidant,
however, had received two anonymous letters: the first alleged that at
the time Mike Adelantado filed his petition to take the bar, he had two
other civil cases pending against him, as well as a criminal case for
violation of Batas Pambansa (B.P.) Bilang 22; the other letter alleged
that Mike Adelantado, as Sangguniang Kabataan (SK) Chairperson, had
been signing the attendance sheets of (SK) meetings as Atty. Mike
Adelantado."
a)
Having passed the bar, can Mike Adelantado already use
the appellation attorney"? Explain your answer. (3%)
SUGGESTED ANSWER:
No. Only those who have been admitted to the Philippine Bar can
be called Attorney" (Alawivs.Alauya, 268 SCRA 628 [1997]). Passing
the Bar examination is not sufficient for admission of a person to the
Philippine Bar. He still has to take the oath of office and sign the
Attorney's Roll as prerequisites to admission.
b)
Should Mike Adelantado be allowed to take his oath as a
lawyer and sign the Roll of Attorneys? Explain your answer. (3%)
SUGGESTED ANSWER:
No, he should not be allowed to take his oath and sign the
Attorneys Roll. Rule 7.01 of the Code of Professional Responsibility
provides that a lawyer shall be answerable for knowingly making a
false statement or suppressing a material fact in connection with his
application for admission to the bar. Mr. Adelantado made a false
statement in his application to take the bar by revealing only that there
were two civil cases pending against him, and suppressed the material
facts that there were two other civil cases as well as a criminal case
pending against him. This is sufficient ground to deny him admission to
the bar (In Re Galang, 66 SCRA 245 [1975]). He also showed lack of
good moral character in using the title attorney before admission to
the Bar {Aguirre vs. Rana, 403 SCRA 342 [2003]).
Ill
Atty. Kuripot was one of Town Bank's valued clients. In
recognition of his loyalty to the bank, he was issued a gold credit card
with a credit limit of P250,000.00. After two months, Atty. Kuripot
exceeded his credit limit, and refused to pay the monthly charges as
they fell due. Aside from a collection suit, Town Bank also filed a
disbarment case against Atty. Kuripot.
In his comment on the disbarment case, Atty. Kuripot insisted
that he did not violate the Code of Professional Responsibility, since his
obligation to the bank was personal in nature and had no relation to his
being a lawyer.
a) Is Atty. Kuripot correct? Explain your answer. (3%)
SUGGESTED ANSWER:
Atty. Kuripot is not correct. Section 7.03 of the Code of
Professional Responsibility provides that a lawyer shall not engage in
conduct that adversely affects his fitness to practice law, nor shall he,
whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession."
b)
Explain
whether
Atty.
Kuripot
should
be
held
administratively liable for his refusal to settle his credit card bill. (3%)
SUGGESTED ANSWER:
He may not be held administratively liable. The Supreme Court
has held that it does not take original jurisdiction of complaints for
collection of debts. The creditors course of action is civil, not
administrative in nature and proper reliefs may be obtained from the
regular courts (Litigio vs. Dicon, 246 SCRA 9 [1995]). Although lawyers
have been held administratively liable for obstinacy in evading
payment of a debt (Constantino vs. Saludares, 228 SCRA 233 [1993],
Lao vs. Medel, 405 SCRA 227 [2003]), there is no obstinacy shown in
this case.
IV
You had just taken your oath as a lawyer. The secretary to the
president of a big university offered to get you as the official notary
public of the school. She explained that a lot of students lose their
Identification Cards and are required to secure an affidavit of loss
before they can be issued a new one. She claimed that this would be
very lucrative for you, as more than 30 students lose their
Identification Cards every month. However, the secretary wants you to
give her one-half of your earnings therefrom.
Will you agree to the arrangement? Explain. (5%)
SUGGESTED ANSWER:
No, I will not agree. Rule 9.02 of the Code of Professional
Responsibility provides that a lawyer shall not divide or stipulate to
divide a fee for legal service with persons not licensed to practice law".
The secretary is not licensed to practice law and is not entitled to a
share of the fees for notarizing affidavits, which is a legal service.
V
Judge Horacio would usually go to the cockpits on Saturdays for
relaxation, as the owner of the cockpit is a friend of his. He also goes to
the casino once a week to accompany his wife who loves to play the
slot machines. Because of this, Judge Horacio was administratively
charged. When asked to explain, he said that although he goes to
these places, he only watches and does not place any bets.
Is his explanation tenable? Explain. (5%)
SUGGESTED ANSWER:
The explanation of Judge Horacio is not tenable. In the case of
City ofTagbilaran vs. Hontanosas, Jr., 375 SCRA 1 [2002], the Supreme
Court penalized a city court judge for going to gambling casinos and
cockpits on weekends. According to the Court, going to a casino
violates Circular No. 4, dated August 27, 1980, which enjoins judges of
inferior courts from playing or being present in gambling casinos.
The prohibition refers to both actual gambling and mere
presence in gambling casinos. A judges personal behavior, not only in
the performance of judicial duties, but also in his everyday life, should
be beyond reproach.
With regard to going to cockpits, the Supreme Court held that
[V]verily, it is plainly despicable to see a judge inside a cockpit and
more so, to see him bet therein. Mixing with the crowd of cockfighting
enthusiasts and bettors is unbecoming a judge and undoubtedly
impairs the respect due him. Ultimately, the Judiciary suffers therefrom
because a judge is a visible representation of the Judiciary" (City of
Tagbilaran v. Hontanosas, Jr., ibid at p. 8).
VI
A business man is looking for a new retainer. He approached you
and asked for your schedule of fees or charges. He informed you of the
professional fees he is presently paying his retainer, which is actually
lower than your rates. He said that if your rates are lower, he would
engage your services.
Will you lower your rates in order to get the client? Explain. (5%)
SUGGESTED ANSWER:
No, I would not. Rule 2.04 of the Code of Professional
Responsibility provides that a lawyer shall not charge rates lower than
those customarily prescribed unless circumstances so warrant." This is
aimed against the practice of cutthroat competition" which is not in
keeping with the principle that the practice of law is a noble profession
and not a trade. Moreover, if he agrees, he would be encroaching on
the employment of a fellow lawyer, which is prohibited by Rule 8.02 of
the Code.
VII
(1)
Judge Segotier is a member of Phi Nu Phi Fraternity. Atty.
Nonato filed a motion to disqualify Judge Segotier on the ground that
the counsel for the opposing party is also a member of the Phi Nu Phi
Fraternity. Judge Segotier denied the motion.
Comment on his ruling. (5%)
SUGGESTED ANSWER:
The ruling of Judge Segotier is correct. The fact that a judge is a
former classmate of one of the counsels in a case has been held to be
insufficient ground for the disqualification of the judge (Vda. de
Bonifacio vs. B.L.T. Bus Co., Inc. 34 SCRA, 618 [1970]). Intimacy or
friendship between judge and an attorney of record has also been held
to be insufficient ground for the formers disqualification (Masadao 82,
Elizaga, Re Criminal Case No. 4954-M, 155 SCRA 72 [1987]).
(2)
In an intestate proceeding, a petition for the issuance of
letters of administration in favor of a Regional Trial Court Judge was
filed by one of the heirs. Another heir opposed the petition on the
ground that the judge is disqualified to become an administrator of the
estate as he is the brother- in-law of the deceased.
Rule on the petition. (5%)
SUGGESTED ANSWER:
I will deny the petition for issuance of letters of administration in
favor of a Regional Trial Court judge. 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 his
judicial duties. The exception is not applicable because member of
the immediate family is defined in the same rule as "limited to the
spouses and relatives within the second degree of consanguinity. The
deceased brother-in-law of the judge is not a relative within the second
degree of consanguinity, but of affinity.
VIII
Due to the number of cases handled by Atty. Cesar, he failed to
file a notice of change of address with the Court of Appeals. Hence, he
was not able to file an appellants brief and consequently, the case was
dismissed. Aggrieved, Atty. Cesar filed a motion for reconsideration of
the resolution dismissing the appeal and to set aside the entry of
judgment on the ground that he already indicated in his Urgent
Motion for Extension of Time to File Appeal Brief his new address and
that his failure to file a notice of change of address is an excusable
negligence.
Will the motion prosper? Explain. (5%)
SUGGESTED ANSWER:
The motion will not prosper. It is the lawyers duty to inform the
court or to make of record of his change of address. His failure to do so
does not constitute excusable negligence. The lawyer cannot presume
that the court will take cognizance of the new address in his motion for
extension of time (Philippine Suburban Dev. Corp. vs. Court of Appeals,
100 SCRA 109 [1980]).
IX
Darius is charged with the crime of murder. He sought Atty.
Francias help and assured the latter that he did not commit the crime.
Atty. Francia agreed to represent him in court. During the trial, the
prosecution presented several witnesses whose testimonies convinced
Atty. Francia that her client is guilty. She confronted his client who
eventually admitted that he indeed committed the crime. In view of his
admission. Atty. Francia decided to withdraw from the case.
Should Atty. Francia be allowed to do so? Explain. (5%)
SUGGESTED ANSWER:
No, he should not be allowed to withdraw. A lawyer shall not
decline to represent a person solely because of his opinion regarding
the guilt of the said person (Rule 14.01, Canons of Professional
Responsibility). It is the bounden duty of a counsel de officio to defend
his client no matter how guilty or evil he appears to be (People vs. Sta.
Teresa, 354 SCRA 697 [2001]).
X
Atty. Yabang was suspended as a member of the Bar for period of
one (1) year. During the period of suspension, he was permitted by his
law firm to continue working in their office, drafting and preparing
pleadings and other legal documents, but was not allowed to come into
direct contact with the firms clients. Atty. Yabang was subsequently
sued for illegal practice of law.
Would the case prosper? Explain. (5%)
The Supreme Court has defined the practice of law as any
activity in or out of court, which requires the application of law, legal
principle, practice or procedure and calls for legal knowledge, training
and experience (Cayetano vs. Monsod, 201 SCRA 210 [1991]). Based
on this definition, the acts of Atty. Yabang of preparing pleadings and
other legal documents, would constitute practice of law. More so, if his
activities are for the benefit of his law firm, because the employment
of a law firm is the employment of all the members thereof. The case
against him will prosper.
ALTERNATIVE SUGGESTED ANSWER:
The traditional concept of practice of law requires the existence of a
lawyer-client relationship as a requisite. Pursuant to this concept,
inasmuch as Atty. Yabang was not allowed by his law firm to come into
direct contact with the firms clients during the period of his
suspension, he cannot be considered as having engaged in illegal
practice of law. . The case against him will not prosper.
XI
Atty. Japzon, a former partner of XXX law firm, is representing

Kapuso Corporation in a civil case against Kapamilya Corporation
whose legal counsel is XXX law firm. Atty. Japzon claims that she never
handled the case of Kapamilya Corporation when she was still with XXX
law firm.
Is there a conflict of interest? Explain. (5%)
SUGGESTED ANSWER:
There is conflict of interest when a lawyer represents inconsistent
interests. This rule covers not only cases in which confidential
communications have been confided, but also those in which no
confidence has been bestowed or will be used. Also, there is conflict of
interest if the new retainer will require the attorney to perform an act
which will injuriously affect his first client in any matter in which he
represents him and also where he will be called upon in his new
relation to use against his first client any knowledge acquired through
their connection (Santos vs. Beltran, 418 SCRA 17 [2003]). Since Atty.
Japzon was a partner of the XXX law firm which has Kapamilya
Corporation as its client, she cannot handle a case against it as such
will involve conflict of interest. The employment of a law firm is
equivalent to the retainer of the members thereof. It does not matter if
Atty. Japzon never handled a case of the Kapamilya Corporation when
she was still with the XXX law firm.
XII
Pending before the sala of Judge Magbag is the case of CDG
versus JQT. The legal counsel of JQT is Atty. Ocsing who happens to be
the brother of Atty. Ferreras, a friend of Judge Magbag. While the case
was still being heard, Atty. Ferreras and his wife celebrated their
wedding anniversary. They invited their friends and family to a dinner
party at their house in Forbes Park. Judge Magbag attended the party
and was seen conversing with Atty. Ocsing while they were eating at
the same table.
Comment on the propriety of Judge Magbag's act. (5%)
SUGGESTED ANSWER:
A judge is not required to live in seclusion. He is permitted to
have a social life as long as it does not interfere with his judicial duties
or detract from the dignity of the court (Canon 5, Code of Judicial
Conduct). However, he should be scrupulously careful to avoid such

action as may reasonably tend to awaken the suspicion that his social
or business relations or friendships constitute an element in
determining his judicial action (Canon 30, Canons of Judicial Ethics). A
judge should avoid impropriety and appearance of impropriety in all
activities (Canon 2, Code of Judicial Conduct). Sitting on the same table
and conversing with a lawyer with a pending case before him raises
such appearance of impropriety.
XIII
Gerry Cruz is the owner of a 1,000-square meter lot covered by
Transfer Certificate of Title No. 12345 located in Sampaloc. Metro
Manila. Geriy decided to sell the property but did not have the time to
look for a buyer. He then designated his brother. Jon, to look for a
buyer and negotiate the sale. Jon met Angelo Santos who expressed
his interest to buy the lot. Angelo agreed to pay PI Million for the
property on September 26. 2005.
a)
Draft the Special Power of Attorney to be
executed by Gerry Cruz, as principal, in favor of his brother Jon, as
agent, authorizing the latter to sell the property in favor of Angelo
Santos. (7%)
SUGGESTED ANSWER:
THAT I, GERRY CRUZ, of legal age, single and a resident of
_______________, Manila, have named, appointed ______________________
and constituted, and by these presents do hereby name, constitute
and appoint, my brother JON CRUZ, whose specimen signature appears
below, as my true and lawful Attorney-in- Fact, for me and in my name,
place and stead, and for my benefit, to do or perform any or all of the
following acts and deeds, to wit:
To sell to Angelo Santos at the price of One Million Pesos (PI,
000,000.00), my parcel of land with an area of one thousand (1,000)
square meters, located in Sampaloc, Manila, covered by Transfer
Certificate of Title No. 12345 of the Register of Deeds of Manila, and
which is more particularly described as follows:
and to execute and sign the corresponding deed of sale.
HEREBY GIVING AND GRANTING unto my said Attorney-in- Fact
full power and authority whatsoever necessary, proper and convenient
as fully to all intents and purposes as I might or could do if personally
present, and hereby confirming and ratifying all that my said Attorneyin-Fact shall lawfully do or cause to be done by virtue of these
presents.
IN WITNESS WHEREOF, I have signed these presents, at the City
of Manila, this 25th day of September, 2005.
GERRY CRUZ
Principal
SPECIMEN SIGNATURE:
JON CRUZ
Attorney-in-Fact
WITNESSES:
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) S.S.
CITY OF MANILA
)
IN THE CITY OF MANILA, Philippines, this ____ day of
_____________, 2005, personally
appeared before me Mr. GERRY
CRUZ, with Community Tax Certificate No. _____________ issued at
__________ on __________, 2005, personally known to me to be the same
person who executed the foregoing instrument, and he acknowledged
to me that the same is his free and voluntary act and deed.
I further certify that the foregoing instrument is a Special Power of
Attorney to sell a parcel of land located in Sampaloc, Manila, and
consists of _____ pages, including this page, and signed on each and
every page by the said GERRY CRUZ and his instrumental witnesses.
NOTARY PUBLIC Until December 31, 200_ (address)
Commission No. , Manila
Attorneys Roll No.
IBP Membership Roll No.
PTR O.R. No. Manila, 2005

Doc. No.
Page No.
Book No.
Series of 2005.
b)
Draft the Deed of Sale of Real Property. (7%)
SUGGESTED ANSWER:
DEED OF ABSOLUTE SALE
This instrument, executed by and between:
GERRY CRUZ, of legal age, single, and a resident of _______________,
herein represented by his Attorney-in- Fact, JON CRUZ, of legal age and
a resident of _____________ and _____________ hereafter referred to as
the VENDOR,
-
and -
ANGELO SANTOS, Filipino, of legal age, single, a

_____________ and hereafter referred to as the VENDEE,
resident
of
WITNESSETH:
THAT, for and in consideration of the sum of One Million Pesos
(P1,000,000.00), in hand paid by the VENDEE to the VENDOR and
receipt of which is herein acknowledged by the latter, the VENDOR has
sold, transferred and conveyed, and by these presents does hereby
sell, transfer and convey, unto the VENDEE, that certain parcel of land
with an area of 1,000 square meters, more or less, located in
Sampaloc, Manila, covered by Transfer Certificate of Title No. 12345 of
the Register of Deeds of Manila, and which is more particularly
described as follows:
IN WITNESS WHEREOF, the parties hereto have signed these
presents at Manila, this 26th day of September, 2005.
GERRY CRUZ
ANGELO SANTOS
Vendor
T.I.N. _________
Vendee
T.I.N. _________
By:
JON CRUZ
Attorney-in-Fact
WITNESSES:
___________________
_________________
ACKNOWLEDGMENT

CITY OF MANILA
) S.S.
IN THE CITY OF MANILA, Philippines, personally appeared before
me, Mr. JON CRUZ, with Community Tax Certificate No. ____________
issued at ____________ on ______________, 2005, in his capacity as
Attorney-in-Fact of Mr. GERRY CRUZ, with Community Tax Certificate
No. ____________ issued at ____________ on ______________, 2005, both of
whom are personally known to me to be the same persons who
executed the foregoing instrument, and they acknowledged to me that
the same is their free and voluntary act and deed, and the free and
voluntary act and deed of the principal whom Mr. JON CRUZ represents.
I further certify that the foregoing instrument is a deed of sale of
a parcel of land located in Sampaloc, Manila, and consists of ____
pages,
including this page, and is signed on each and every page
by the said parties and their instrumental witnesses.
NOTARY PUBLIC
My Commission expires on December 31, 2005
(Address)
Commission No._______, Manila
Attorneys Roll No.
IBP Membership No.
PTR O.R. No. ________, Manila, 2005
Doc. No.
Page No.
Book No.
Series of 2005.
XIV
Draft a withdrawal of counsel without conformity of client. (6%)
SUGGESTED ANSWER:
A.B.,
Plaintiff,
- versus -
CIVIL CASE NO
C.D.,
Defendant.
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
COMES NOW the undersigned counsel for the plaintiff and to this
Honorable Court respectfully alleges:
1.
That he has recently suffered a mild stroke, and his present
physical and condition renders it difficult for him to carry out his
employment effectively.
2.
That he has tried to get the conformity of his client but the latter
refuses to give the same.
WHEREFORE, it is respectfully prayed that the undersigned
counsel be granted leave to withdraw as counsel for the plaintiff.
Manila, ____________, 2005.
X
(address)
(Attorneys Roll No., IBP Membership No., PTR O.R. No.)
NOTICE OF HEARING
To: A.B.
Atty. Y
Gentlemen:
Notice is hereby given that on ___________, 2005, at 8:30 a.m. or
as soon thereafter as the matter may be heard, the undersigned
counsel will submit the foregoing motion to the Honorable Court for its
X
Copies Furnished by Personal Delivery:
Atty. Y
(address)
Mr. A.B.
(address)
XV
Draft a Notice of Appeal. (6%)
SUGGESTED ANSWER:
NOTICE OF APPEAL
Notice is hereby given that the defendant is hereby appealing
from the judgment of this Honorable Regional Trial Court dated
__________, 2005, a copy of which was served on the defendant only on
___________, to the Court of Appeals, on questions of fact and law.
Manila, ______________, 2005.
ATTY. X
(Address, Attorneys Roll no., top Membership no., PTR O.R. No.)
Copy Furnished:
Atty. Y
Address)
XVI
Draft a Certification of Non-Forum Shopping. (6%)
SUGGESTED ANSWER:
CERTIFICATE OF NON-FORUM SHOPPING
I, A.B., plaintiff in the above-entitled case, do hereby certify under oath
that:
1.
I have not heretofore commenced any action or filed any
claim involving the same issues before any court, tribunal or quasijudicial agency;
2.
To the best of my knowledge, there is no such other action
or claim is pending before any other court, tribunal or quasi-judicial
agency; and,
3.
If I should thereafter learn that such other action has been
filed or is pending, I will report such fact to this Honorable Court within
five (5) days after learning the same.
Manila, ______________, 2005.
A.B.
(Jurat)

I
A.
Under the Code of Professional Responsibility, what is the
principal obligation of a lawyer towards: 5%
(1)The legal professional and the Integrated Bar?
(2)His professional colleagues?
(3)The development of the legal system?
(4)The administration of justice?

(5)His client?
SUGGESTED ANSWER:
(1)
A lawyer shall at all times uphold the integrity and
dignity of the legal profession, and support the activities of the
integrated bar." (Canon 7, Code of Professional Responsibility)
(2)
A lawyer shall conduct himself with courtesy, fairness
and candor towards his professional colleagues, and shall avoid
harassing tactics against opposing counsel." (Canon 8, Code of
Professional Responsibility)
(3)
A lawyer shall participate in the improvement of the
legal system by initiating or supporting efforts in law reform and in the
administration of justice." (Canon 4, Code of Professional
Responsibility)
ALTERNATIVE ANSWER:
(3)
A lawyer shall keep abreast of legal developments,
participate in continuing legal education programs, support efforts to
achieve high standards in law schools as well as in the practical
training of law students and assist in disseminating information
regarding the law and jurisprudence. (Canon 5, Code of Professional
Responsibility)
(4)
A lawyer shall exert every effort and consider his duty
to assist in the speedy and efficient administration of justice." (Canon
12, Code of Professional Responsibility)
ALTERNATIVE ANSWER:
(4)
A lawyer shall participate in the improvement of the
legal system by initiating or supporting efforts in law reform and in the
administration of justice. (Canon 4, Code of Professional Responsibility)
(5)
A lawyer shall observe candor, fairness and loyalty in
all his dealings and transactions with his client." (Canon 15, Code of
Professional Responsibility)
B.
In the course of a judicial proceeding, a conflict of opinions
as to a particular legal course of action to be taken arose between AB
and CD, two (2) lawyers hired by Mr. XX, a party-litigant, to act jointly
as his counsel.
How should such problem be resolved, and whose opinion should
prevail? What can AB, the lawyer whose opinion was not followed, do
when she honestly believes that the opinion of CD, the other counsel,
is not as legally and factually well grounded as her opinion is? Explain
briefly. 5%
SUGGESTED ANSWER:
"When lawyers jointly associated in a cause cannot agree as to
any matter vital to the interest of the client, the conflict of opinion
should be frankly stated to him for his final determination. His decision
should be accepted unless the nature of the difference makes it
impracticable for the lawyer whose judgment has been overruled to
cooperate effectively. In this event, it is his duty to ask the client to
relieve him. (Canon 7, Canons of Professional Ethics).
II
On the eve of the initial hearing for the reception of evidence for
the defense, the defendant and his counsel had a conference where
the client directed the lawyer to present as principal defense witnesses
two (2) persons whose testimonies were personally known to the
lawyer to have been perjured. The lawyer informed his client that he
refused to go along with the unwarranted course of action proposed by
the defendant. But the client insisted on his directive, or else he would
not pay the agreed attorneys fees.
When the case was called for hearing the next morning, the
lawyer forthwith moved in open court that he be relieved as counsel
for the defendant. Both the defendant and the plaintiffs counsel
objected to the motion.
A.
Under the given facts, is the defense lawyer legally
justified in seeking withdrawal from the case? Why or why not? Reason
briefly. (5%)
SUGGESTED ANSWER:
Yes, he is justified. Under Rule 22.01 of the Code of Professional

Responsibility, a lawyer may withdraw his services "if the client insists
that the lawyer pursue conduct violative of these canons and rules".
The insistence of the client that the lawyer present witnesses whom he
personally knows to have been perjured, will expose him to criminal
and civil liability and violate his duty of candor, fairness and good faith
to the court.
B.
Was the motion for relief as counsel made by the
defense lawyer in full accord with the procedural requirements for a
lawyers withdrawal from a court case? Explain briefly. (5%)
SUGGESTED ANSWER:
No, his actuation is not in accord with the procedural
requirements for the lawyers withdrawal from a court case. Whether
or not a lawyer has a valid cause to withdraw from a case, he cannot
just do so and leave the client in the cold unprotected. He must serve a
copy of his petition upon the client and the adverse party. He should,
moreover, present his petition well in advance of the trial of the action
to enable the client to secure the services of another lawyer.
Ill
Upon opening session of his court, the Presiding Judge noticed
the presence of television cameras set up at strategic places in his
courtroom and the posting of media practitioners all over his sala with
their video cameras. The Judge forthwith issued an order directing the
exclusion from the courtroom of all television paraphernalia and further
instructing the reporters inside the hall not to operate their video
cams during the proceedings. The defense lawyers objected to the
courts order, claiming that it was violative of their clients
constitutional right to a public trial.
A.
In issuing the questioned order, did the Judge
act in violation of the rights of the accused to a public trial? Discuss
briefly. (5%)
SUGGESTED ANSWER:
The judge did not violate the right of the accused to a public trial.
A trial is public when anyone interested in observing the manner a
judge conducts the proceedings in his courtroom may do so (Garcia v.
Domingo, 52 SCRA 143 [19731). There is to be no ban on attendance.
In the question given, the judge did not bar attendance, only the use of
television paraphernalia and video cams.
B.
Did the Judge act in derogation of press
freedom when he directed the exclusion of the television paraphernalia
from the courtroom and when he prohibited the news reporters in the
courtroom from operating their video cams" during the proceedings?
Reason briefly. (5%)
SUGGESTED ANSWER:
No. Press freedom was never transgressed. The serious risks
posed to the fair administration of justice by live TV and radio
broadcast, especially when emotions are running high on the issues
stirred by the case, should be taken into consideration before
addressing the issue of press freedom. The right of the accused to a
fair trial, not by trial by publicity takes precedence over press freedom
as invoked by the TV reporters in this case (Sec. Perez v. Estrada, 365
SCRA 62, [2001]).
ALTERNATIVE SUGGESTED ANSWER:
The judge did not act in derogation of press freedom. In an En
Banc Resolution dated October 23, 1991, Re Live TV and Radio
Coverage of the Hearing of President Corazon C. Aquinos Libel Case",
the Supreme Court ruled that: Considering the prejudice it poses to the
defendants right to due process as well as to the fair and
orderly administration of justice, and considering further
that the freedom of the press and the right of the people to
information may be served and satisfied by less
distracting, degrading and prejudicial means, live radio and
television coverage of court proceedings shall not be
allowed. Video footages of court hearings for news
purposes shall be restricted and limited to shots of the
courtroom, the judicial officers, the parties and their
counsel taken prior to the commencement of official
proceedings. No video shots or photographs shall be
permitted dining the trial proper.
IV
Primo, Segundo and Tercero are co-accused in information

charging them with the crime of homicide. They are respectively
represented by Attys. Juan Uno, Jose Dos and Pablo Tres. During the
pre-trial conference, Attys. Uno and Dos manifested to the court that
their clients are invoking alibi as their defense. Atty. Tres made it
known that accused Tercero denies involvement and would testily that
Primo and Segundo actually perpetrated the commission of the offense
charged in the information.
In one hearing during the presentation of the prosecutions
evidence in chief, Atty. Uno failed to appear in court. When queried by
the Judge if accused Primo is willing to proceed with the hearing
despite his counsels absence, Primo gave his consent provided Attys.
Dos and Tres would be designated as his joint counsel de oficio for that
particular hearing. Thereupon, the court directed Attys. Dos and Tres to
act as counsel de oficio of accused Primo only for purposes of the
scheduled hearing.
Atty. Dos accepted his designation, but Atty. Tres refused.
A.
Is there any impediment to Atty, Dos
acting as counsel de oficio for accused Primo? Reason. (5%)
SUGGESTED ANSWER:
There is no impediment to Atty. Dos acting as counsel de oficio
for accused Primo. There is no conflict of interest involved between
Primo and his client Segundo, considering that both are invoking alibi
as their defense.
B.
May Atty. Tres legally refuse
designation as counsel de oficio of accused Primo? Reason. (5%)
his
SUGGESTED ANSWER:
Atty. Tres may legally refuse his designation as counsel de oficio
for accused Primo. Since the defense of his client Tercero is that Primo
and Segundo actually perpetrated the commission of the offense for
which they are all charged, there is a conflict of interest between
Tercero and Primo. There is conflicting interest if there is inconsistency
in the interests of two or more opposing parties. The test is whether or
not in behalf of one client, it is the lawyer's duty to fight for an issue or
claim but it is his duty to oppose it for the other client (Canon 6,
Canons of Professional Ethics).
V
A. Atty. DDs services were engaged by Mr. BB as defense
counsel in a lawsuit. In the course of the proceedings, Atty. DD
discovered that Mr. BB was an agnostic and a homosexual. By reason
thereof, Atty. DD filed a motion to withdraw as counsel without Mr. BBs
express consent.
Is Atty. DDs motion legally tenable? Reason briefly. (5%)
SUGGESTED ANSWER:
No. Atty. DDs motion is not legally tenable. He has no valid
cause to terminate his services. His client, Mr. BB, being an agnostic
and homosexual, should not be deprived of his counsels
representation solely for that reason.
A lawyer shall not decline to represent a person solely on
account of the latters race, sex, creed or status of life or because of
his own opinion regarding the guilt of said person (Canon 14, Rule
14.01, Code of Professional Responsibility).
B. Assume that your friend and colleague, Judge Peter X.
Mahinay, a Regional Trial Court judge stationed at KL City, would seek
your advice regarding his intention to ask the permission of the
Supreme Court to act as counsel for and thus represent his wife in the
trial of a civil case for damages pending before the Regional Trial Court
of Aparri, Cagayan.
What would be your advice to him? Discuss briefly. (5%)
SUGGESTED ANSWER:
I would advise him against it. Rule 5.07 of the Code of Judicial
Conduct expressly and absolutely prohibits judges from engaging in
the private practice of law, because of the incompatible nature
between the duties of a judge and a lawyer. Moreover, as a Judge he
can influence to a certain extent the outcome of the case even if it is
with another court. A Judge shall refrain from influencing in any
manner the outcome of litigation or dispute pending before another
court or administrative agency (Rule 2.04, Code of Judicial Conduct).
VI
A.
Upon learning from newspaper reports that bar
candidate Vic Pugote passed the bar examinations. Miss Adorable
immediately lodged a complaint with the Supreme Court, praying that
Vic Pugote be disallowed from taking the oath as a member of the
Philippine Bar because he was maintaining illicit sexual relations with
several women other than his lawfully wedded spouse. However, from
unexplained reasons, he succeeded to take his oath as a lawyer. Later,
when confronted with Miss Adorables complaint formally, Pugote
moved for its dismissal on the ground that it is already moot and
academic.
Should Miss Adorables complaint be dismissed or not? Explain
briefly. (5%)
SUGGESTED ANSWER:
It should not be dismissed. Her charge involves a matter of good
moral character which is not only a requisite for admission to the Bar,
but also a continuing condition for remaining a member of the Bar. As
such, the admission of Vic Pugote to the Bar does not render the
question moot and academic.
B.
Alleging that Atty. Malibu seduced her when she was
only sixteen (16) years old, which resulted in her pregnancy and the
birth of a baby girl, Miss Magayon filed a complaint for his disbarment
seven years after the alleged seduction was committed.
SUGGESTED ANSWER:
Atty. Malibu contended that, considering the period of delay, the
complaint filed against him can no longer be entertained much less
prosecuted because the alleged offense has already prescribed.
Is Atty. Malibus contention tenable or not? Reason briefly. (5%)
SUGGESTED ANSWER:
Atty. Malibus contention is not tenable. Disciplinary proceedings
are sui generis. They are neither civil nor criminal proceedings. Its
purpose is not to punish the individual lawyer but to safeguard the
administration of justice by protecting the court and the public from
the misconduct of lawyers and to remove from the profession of law
persons whose disregard of their oath of office proves them unfit to
continue discharging the trust reposed in them as members of the bar.
Disbarment is imprescriptible. Unlike ordinary proceedings, it is not
subject to the defense of prescription. The ordinary statute of
limitations has no application to disbarment proceedings (CaZo v.

Degamo, 20 SCRA 1162 [1967]).
VII
A. A disbarment complaint against a lawyer was referred by the
Supreme Court to a Judge of the Regional Trial Court for investigation,
report and recommendation. On the date set for the hearing of the
complaint, the Judge had the case called for trial in open court and
proceeded to receive evidence for the complainant. What would you
have done if you were the counsel for the respondent-lawyer? Why?
Reason briefly. (5%)
SUGGESTED ANSWER:
I would object to the holding of a trial in public. Disciplinary
proceedings against an attorney are confidential in nature until its
termination. The professional success of a lawyer depends almost
entirely on his good reputation. If that is tarnished, it is difficult to
restore the same (Ibanez v. Vina, 107 SCRA 607 [1981]). To avoid the
unnecessary ruin of a lawyers name, disbarment proceedings are
directed to be confidential until their final determination (Sec. 18, Rule
139-B, Rules of Court).
B. Atty. Jarazo filed a civil suit for damages against his business
associates. After due trial, Judge Dejado rendered, judgment dismissing
Atty. Jarazo's complaint. Atty. Jarazo did not appeal from the decision
rendered by Judge Dejado, thereby rendering the judgment final and
executoiy. Thereafter, Atty. Jarazo lodged a criminal complaint accusing
Judge Dejado of rendering a manifestly unjust judgment before the
Office of the Ombudsman. Will Atty. Jarazo's complaint against Judge
Dejado prosper? Why or why not? Reason. (5%)
SUGGESTED ANSWER:
Atty. Jarazos complaint will not prosper. The rule is that before a
civil or criminal action against a judge for violating Art. 204 of the
Revised Penal Code (knowingly rendering an unjust judgment) can be
entertained, there must first be a final and authoritative declaration
that the decision is indeed unjust [De Vera v. Pelayo, 335 SCRA 281
[2000]). By not appealing the decision of Judge Dejado to a higher
court, Atty. Jarazo cannot prove that there is an authoritative and final
declaration that the said decision is unjust. Thus, his criminal complaint
will not prosper.
VIII
A. Judge Aficionado was among the several thousands of
spectators watching a basketball game at the Rizal Memorial Coliseum
who saw the stabbing of referee Maykiling by player Baracco in the
course of the game. The criminal case correspondingly filed against
Baracco for the stabbing of Maykiling was raffled to the Regional Trial
Court branch presided over by Judge Aficionado. Should Judge
Aficionado sit in judgment over and try the case against Baracco?
Explain. (5%)
SUGGESTED ANSWER:
No, he should not preside over the case. Rule 3.12 (a) of the
Code of Judicial Conduct provides that a judge should not take part in
any proceeding where the judge has personal knowledge of disputed
evidentiary facts concerning the same.
B. Atty. Walasunto has been a member of the Philippine Bar for
twenty (20) years but has never plied his profession as a lawyer. His
sole means of livelihood is selling and buying real estate. In one of his
transactions as a real estate broker, he issued a bouncing check. He
was criminally prosecuted and subsequently convicted for violating B.P.
Big. 22. In the disbarment proceedings filed against him, Atty.
Walasunto contended that his conviction for violation of B.P. Big. 22
was not a valid ground for disciplinary action against a member of the
bar. He further argued that his act in issuing the check was done in
relation to his calling as a real estate broker and not in relation to the
exercise of the profession of a lawyer.
Are the contentions of Atty. Walasunto meritorious or not?
Reason. (5%)
SUGGESTED ANSWER:
No. His contentions are not meritorious. In the first place, a
ground for disbarment is conviction of a crime involving moral
turpitude (Sec. 27, Rule 138, Rules of Court), and the violation of B.P.
22 is considered to be a crime involving moral turpitude (People v.
Tuanda, 181 SCRA 692 [1990]). In the second place, Rule 7.03 of the
Code of Professional Responsibility provides that a lawyer shall not
engage in conduct that adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession. Additionally, Rule 1.01

of the same Code provides that a lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct."
IX
A. Prepare a draft of a criminal information charging a person
with a crime of homicide, complete with caption and title and required
certification re preliminary investigation. Do not use real names but
supply all facts needed. (5%)
SUGGESTED ANSWER:
CITY OF MANDALUYONG
PEOPLE OF THE PHILIPPINES
- versus -
CRIM. CASE NO.

INV. SLIP NO.
for
-
JUDE ESPINA
HOMICIDE
(address)
Accused.
x------------------------------------------------------------------------------x
INFORMATION
THE UNDERSIGNED Assistant City Prosecutor accuses JUDE
ESPINA of the crime of HOMICIDE, committed as follows:
That on or about the 4th day of April 2004, in the City of
Mandaluyong, Philippines, a place within the jurisdiction of this
Honorable Court, the above-named accused, armed with abladed
weapon, with intent to kill, did then and there willfully, unlawfully and
feloniously attack, assault and stab one JOSEPH TOLEDO y PABLICO,
thereby inflicting upon him a fatal wound which directly caused his
death.
CONTRARY TO LAW.
City of Mandaluyong, 26 September 2004.
Asst. City Prosecutor

IBP No. 7654321 dated May 28, 2004
I HEREBY CERTIFY that I have conducted a preliminary
investigation of the case; that the accused was informed of the
complaint and of the evidence submitted against him; that he was
given an opportunity to submit controverting evidence; that based on
the evidence on record, there is reasonable ground to believe that the
crime has been committed; and that the accused is probably guilty
thereof.
Asst. City Prosecutor
Witnesses:
Maria Olivia P. Toledo (address)
and others
BAIL RECOMMENDED: P40.000.00
B. Prepare an acknowledgment of a deed of sale of a registered
parcel of land, consisting of four (4) pages inclusive of the page where
the acknowledgment appears. Supply fictitious names of the parties,
the notary public and details of the parties' community tax certificates.
(5%)
SUGGESTED ANSWER:
CITY OF MANILA
) S.S.
ACKNOWLEDGMENT
IN THE CITY OF MANILA, Philippines, this 26th day of September,
2004, personally appeared before me Mr. Juan dela Cruz, with
Community Tax Certificate No. 123456 issued at Manila on January 31,
2004, and Miss Evangeline Adan, with Community Tax Certificate NO.
78910 issued at Baguio City on February 5, 2004, both of whom are
known to me and to me known to be the same persons who executed
the foregoing instrument, and they acknowledged to me that the same
is their free and voluntary act and deed.
I further certify that the foregoing instrument is a deed of
absolute sale of a parcel of registered land located in the District of
Singalong, Manila, and consists of four (4) pages, including this page
on which this Acknowledgment is written, and signed on each and

every page by the said parties and their instrumental witnesses.
IN WITNESS WHEREOF, I have hereunto signed and affixed my
notarial seal at the date and on the place first above mentioned.
JORGE BATUNGBACAL
Notary Public
Doc. No. ______
Page No. ______
Book No. ______
Series of 2004
X
A.
Prepare a draft of the verification and non-forum shopping
certification that should be appended to a complaint. Omit the
signature, place, date and the jurat. (5%)
SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, Pedro Reyes, of legal age and a resident of Manila, Philippines,
after having been duly sworn, hereby depose and state:
That I am the plaintiff in the above-entitled case; that I have
caused the foregoing Complaint to be prepared; that I have read the
same, and the allegations therein contained are true of my own
personal knowledge or based on authentic documents.
That I further certify that I have not heretofore commenced any
action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and to the best of my knowledge, no
such action or claim is pending therein, and if I should thereafter learn
that the same or similar action or claim has been filed or is pending, I
will report that fact within five (5) days therefrom to this Honorable
Court.
B.
Prepare a complete draft of an attestation clause of a
notarial will. (5%)
SUGGESTED ANSWER:
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residence
addresses are stated after our names, do hereby certify that the
testator Alexander Magno has on this date published to us the
foregoing instrument, consisting of four (4) pages, including this page,
numbered correlatively in letters at the top of each page, as his Last
Will and Testament, and he signed the same at the end and on every
page thereof, and we, in turn, at his request, signed the same and
every page thereof in the presence of the said testator and of each
other.
We further certify that this Attestation Clause is in English, a
language known to us.
Signatures
Addresses
JOSE MERCADO
____________________
GREGORIO LUNA
____________________
PERFECTO SOLIS
____________________

I
5%
State the significance of the lawyer's oath. What, in effect, does
a lawyer represent to a client when he accepts a professional
employment for his services?
SUGGESTED ANSWER:
The significance of the oath is that it not only impresses upon

the attorney his responsibilities but it also stamps him as an officer of
the court with rights, powers and duties as important as those of the
judges themselves. It is a source of his obligations and its violation is a
ground for his suspension, disbarment or other disciplinary action.
(Agpalo, Legal Ethics, 1992 ed., p. 59)
By accepting a retainer, he impliedly represents that (a) he
possesses the competence required for the practice of his profession,
(b) he will exert his best judgment in the prosecution or defense of his
clients cause; (c) he will exercise reasonable and ordinary diligence;
and (d) he will take such steps as will adequately guard his clients
interest. In brief, that he will abide by his lawyers oath that he will
conduct himself to the best of his knowledge and discretion with all
good fidelity as well to the courts as to his client.
II
5%
A Justice of the Supreme Court, while reading a newspaper one
weekend, saw the following advertisement:
The following session day, the Justice called the attention of his
colleagues and the Bar Confidant was directed to verify the
advertisement. It turned out that the number belongs to Attorney X,
who was then directed to explain to the Court why he should not be
disciplinarily dealt with for the improper advertisement.
Attorney X, in his answer, averred that (1) the advertisement was
not improper because his name was not mentioned in the ad; and (2)
he could not be subjected to disciplinary action because there was no
complaint against him.
Rule on Attorney Xs contention.
SUGGESTED ANSWER:
(1) The advertisement is improper because it is a solicitation of
legal business and is tantamount to self-praise by claiming to be a
"competent lawyer. The fact that his name is not mentioned does not
make the advertisement proper. His identity can be easily determined
by calling the telephone number stated. In the case of Ulep v. Legal
Clinic, Inc., 223 SCRA 378 (1993), the Supreme Court found a similar
advertisement to be improper in spite of the fact that the name of a

lawyer was also not mentioned.
(2) A complaint is not necessary to initiate disciplinary action
against a lawyer. In Section 1, Rule 139-B of the Rules of Court,
disciplinary action against a lawyer may be initiated by the Supreme
Court motu proprio.
III
5%
State the rationale for the mandated establishment and
operation of legal aid offices in all chapters of the Integrated Bar of the
Philippines.
SUGGESTED ANSWER:
The mandated establishment and operation of legal aid offices in
all chapters of the IBP is rationalized by the lawyers social and public
responsibility to provide free legal services to destitute litigants who
cannot hire private lawyers to assist them.
Free legal aid is not a matter of charity but a matter of public
responsibility. It is a means for the correction of social imbalance that
may and often do lead to injustice, for which reason, it is a public
responsibility of the Bar. The spirit of public service should, therefore,
underlie all legal aid offices (See: Art. 1, Sec. 1, Guidelines Governing
the Establishment of an Operation of Legal Aid Offices in IBP Chapters)
IV
5%
Y hired Attorney X to represent him in a collection case he filed
against Z. The parties later on agreed to settle the case and Z turned
over to Attorney X the amount of P25,000.00 as partial settlement of
his obligation. Attorney X kept the money. Y. upon learning of Attorney
Xs action, filed a disbarment case against the latter before the
Supreme Court, which in turn, referred the case to the Integrated Bar
of the Philippines for investigation, report and recommendation.
The IBP Commissioner tasked to investigate the case reviewed all
the pleadings submitted by Y and Attorney X and their respective
witnesses, and promptly made a report recommending that Attorney X

be suspended for six months. The IBP Board of Governors adopted the
recommendation of the Investigating Commissioner. Attorney X
assailed his suspension on the ground of an impingement on his right
to due process. Is Attorney X's contention sustainable? Explain.
SUGGESTED ANSWER:
There is no impingement on Attorney Xs right to due process.
The IBP Commissioner tasked to investigate the case reviewed all the
pleadings of the parties and their respective witnesses. This implies
that Atty. A was given an opportunity to present his side. Due process
has been satisfied. This is especially true if the principle of res ipsa
loquitur is applicable. (However, it may be noted that the IBP Board of
Governors is not authorized to impose the penalty of suspension).
V
5%
State the aims and objectives sought to be accomplished by the
Mandatory Continuing Legal Education (MCLE)?
SUGGESTED ANSWER:
Section 1. Purpose of the MCLE - Continuing legal education is
required of members of the Integrated Bar of the Philippines (IBP) to
ensure that throughout their career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession and enhance the
standards of the practice of law."
VI
6%
The Supreme Court issued a resolution in a case pending before
it, requiring the petitioner to file, within ten (10) days from notice, a
reply to the respondent's comment. Attorney A, representing the
petitioner, failed to file the reply despite the lapse of thirty (30) days
from receipt of the Courts resolution. The Supreme Court dismissed
the petition for non-compliance with its resolution. Attorney A timely
moved for the reconsideration of the dismissal of the petition, claiming
that his secretary, who was quite new in the office, failed to remind
him of the deadline within which to file a reply. Resolve Attorney A's
motion.
SUGGESTED ANSWER:
Attorney As motion is not meritorious. He has violated Rule
12.03 of the Code of Professional Responsibility which provides that a
lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same
or offering an explanation for his failure to do so. His claim that it was
the fault of his secretary is not sufficient. He cannot take refuge behind
the inefficiency of his secretary because the latter is not a guardian of
the lawyers responsibilities (Nidua v. Lazaro, 174 SCRA 581 [1989]).
VII
8%
Under Canon 19 of the Code of Professional Responsibility, "a
lawyer shall represent his client with zeal within the bounds of the law."
How far, in general terms, may a lawyer go in advocating, supporting
and defending the cause of his client in a criminal case filed against
the latter?
SUGGESTED ANSWER:
The right to counsel must be more than just the presence of a lawyer
in the courtroom or the mere propounding of standard questions and
objections. The right to counsel means that the accused is simply
accorded legal assistance extended by a counsel who commits himself
to the cause of the defense and acts accordingly. The right assumes an
active involvement by the lawyer in the proceedings, particularly at the
trial of the case, his bearing constantly in mind the basic rights of the
accused, his being well-versed on the case, and his knowing the
fundamental procedure, essential laws and existing jurisprudence. The
right of an accused to counsel finds substance in the performance by
the lawyer of his sworn duty of fidelity to his client. Tersely put, it
means an efficient and truly decisive legal assistance and not a simple
prefunctory representation. "(People v. Bemas, 306 SCRA 293 [1999],
cited in People v. Sta. Teresa, 354 SCRA 697 [2001]). However, a
lawyer shall employ only honorable and honest means in the
maintenance of his clients cause. (Section 20, Rule 128).
VIII
8%
Attorney A is the legal counsel of Ang Manggagawa," a labor
union whose case is pending before the Court of Appeals. In order to
press for the early resolution of their case, the union officers decided to
stage a demonstration in front of the Court of Appeals, which Attorney
A, when consulted, approved of, saying that it was their constitutional
right to peaceably assemble and petition the government for redress of
their grievances and for the speedy disposition of their cases before all
judicial, quasi-judicial or administrative bodies. Is it appropriate for
Attorney A to give that advice to the union officers? Explain.
SUGGESTED ANSWER:
The advice of Attorney A is not proper. In the case of Nestle
Philippines, Inc. v. Sanchez, 154 SCRA 542 (1987), the Supreme Court
held that picketing before a court are attempts to pressure or influence
the courts of justice and constitute contempt of court. The duty of
advising the picketers and their leaders lies heavily on their lawyers.
IX
8%
You are the counsel for the estate of a deceased person. Your
wife is a practicing Certified Public Accountant. She was asked by her
client to prepare and submit an itemized claim against the estate you
are representing. She asks for your advice on the legal propriety of her
clients claim. What advice would you give her? Explain.
SUGGESTED ANSWER:
I would advise her that it will be improper for her to handle her
clients claim against the estate. As a counsel for the estate, it is my
duty to preserve the estate. Her clients claim seeks to reduce the said
estate. If she will handle such claim, I can be suspected of representing
conflicting interests. The interests of the estate and of its creditors are
adverse to each other (Nakpil v. Valdez, 288 SCRA 75 [1998]). Even if
she is a different person, the fact that she is my wife will still give rise
to the impression that we are acting as one.
5%
May a judge be held liable on the basis of res ipsa loquitur?
Explain.
SUGGESTED ANSWER:
There is no question that the principle of res ipsa loquitur had
been applied to judges. Underthis principle, judges had been dismissed
from the service without need of formal investigation because based
on the records, the gross misconduct or inefficiency of the judge clearly
appears (see People vs. Valenzuela, 135 SCRA 12 [1985]; Uy v.
Mercado, 154 SCRA 567 [1987]) (Pineda, Legal and Judicial Ethics,
1994 ed., pp. 297-298).
XI
8%
As a defense counsel for the accused in a sensational case for
abduction which the media is covering, you are fully convinced from
the judge's actuations that he is biased against your client. You are
asked by the reporters to comment on the proceedings and the judges
conduct. How should you react on the matter?
SUGGESTED ANSWER:
I will decline to give any comment. Rule 13.02 of the Code of
Professional Responsibility provides that a lawyer shall not make
public statements in the media regarding a pending case tending to
arouse public opinion for or against a party.
XII
8%
B, who was given no more than six (6) months to live by her
physician, requested her cousin Judge A to introduce her to Judge C
before whose sala she has a case submitted for resolution. B would
wish to have the case decided before her expected demise. Judge A,
who personally knows Judge C, accompanied B to the latter, introduced
her as his cousin, and explained that all that B wants is for her case to
be expeditiously resolved, without, in any way, suggesting in whose
favor it should be decided.
Comment on the conduct of Judge A.

SUGGESTED ANSWER:
The conduct of Judge A may be considered unethical. Rule 2.04
of the Code of Judicial Conduct provides that a judge shall refrain from
influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency. Although Judge A did
not suggest to Judge C in whose favor the case should be decided, the
fact that he introduced B as his cousin is enough suggestion as to how
the case should be decided. Canon 2 of the Code of Judicial Conduct
explicitly provides that "a judge should avoid impropriety and
appearance of impropriety in all activities.
ALTERNATIVE ANSWER:
The conduct of Judge A is proper because he did nothing more
than introduce his cousin to Judge C and asked her to decide the case
expeditiously. He did not suggest to Judge C how the case should be
decided.
XIII
7%
Following a protracted trial, a case was submitted for decision.
The Presiding Judge then asked the counsel of each party to prepare
and submit to the court their respective memoranda in decision form,
the idea being that the Judge would then choose which, between the
two, he will adopt as his own decision. Did the judge commit an
infraction warranting disciplinary action?
SUGGESTED ANSWER:
Yes, the judge committed an infraction warranting disciplinary
action. In the case of Heinz R. Heck v. Judge Anthony E. Santos, A.M.
No. RTJ-01-1630, April 9, 2003, the Supreme Court held that the
respondent judges order for the counsel of one of the parties to draft
the decision and his adoption verbatim of the draft clearly violate
Canon 2 of the Code of Judicial Conduct (A Judge should avoid
impropriety and the appearance of impropriety in all activities) and
Canon 3 of the same Code (A Judge should perform official duties
honestly
and
with
impartiality
and
diligence
adjudicative
responsibilities), in relation to Section 1, Rule 36 of the Revised Rules

of Court which provides that a judgment or final order determining the
merits of the case shall be in writing, personally and directly prepared
by the judge, stating clearly the facts and the law on which it is
based. The Court added: By such order, respondent abdicated a
function exclusively granted to him by no less than the fundamental
law of the land. It is axiomatic that decision-making, among other
duties, is the primordial and most important duty of a member of the
bench. He must use his own perceptiveness in understanding and
analyzing the evidence presented before him and his own discernment
when determining the proper action, resolution or decision. Delegating
to a counsel of one of the parties the preparation of a decision and
parroting it verbatim reflect blatant judicial sloth.
XIV
7%
In securing a bond for a writ of preliminary injunction issued in
favor of his client, Attorney X was given P10,000.00 by the surety
company as commission for the premium on the bond. Is the
acceptance of the P10,000.00 by Attorney X proper? Explain your
answer.
SUGGESTED ANSWER:
The acceptance of P10,000.00 from the insurance company is
improper. Rule 20.03 of the Code of Professional Responsibility
provides that a lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs, commission,
interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone other
than the client.
XV
12%
(a)
Seven years ago today, the Paramount Bank, doing
business in 777 Ayala Avenue, Makati City, granted Juan Reyes, a
resident of 888 Kamias, Quezon City, a P1,000,000.00 loan, with 14%
interest per annum, secured by a real estate mortgage over a property
located in Cavite City. The full amount, plus the interest due, was
payable on the fifth anniversary of the loan. The above stipulations
were contained in a well-documented and duly executed agreement.

Despite demands, Juan Reyes refused to settle the loan obligation. The
bank opted for the filing of a simple complaint for a sum of money.
(b)
Six-year old Maria informed her mother Divina that on
02 June 2003, her fater entered her bedroom and inserted his middle
finger into her vagina. Maria later underwent a medical examination.
The medical findings revealed that she had fresh slight lacerations.
You are the prosecutor; prepare the appropriate Information for
the crime committed.
Prepare the complaint, indicating the court which has proper
jurisdiction and venue.
SUGGESTED ANSWER:
(A)
MAKATI CITY
PARAMOUNT BANK,
Plaintiff,
-versus-
CIVIL CASE NO.
JUAN REYES,
Defendant.
x----------------------------x
COMPLAINT
PLAINTIFF, by undersigned counsel, to this Honorable Court
respectfully alleges that:
1. Plaintiff is a banking corporation organized and existing under
the laws of he Philippines, with principal office at 777 Ayala Avenue,
Makati City, while defendant is of legal age and a resident of 888
Kamias St., Quezon City, where he may be served with summons;
2. On September 28, 1996, defendant borrowed from the
plaintiff the amount of P1,000,000.00, subject to interest at the rate of
14% per annum, payable on the fifth anniversary of the loan, and
secured by a real estate mortgage over a parcel of land located in

Cavite City, as evidenced by an agreement executed on the same
date, a copy of which is hereto attached as Annex A hereof;
3. Defendant failed to pay the said loan and interests thereon
on the due date thereof, and continues to fail to pay the same until the
present, despite demands of the plaintiff;
4. Due to defendants unjustified failure to comply with
plaintiffs plainly just and valid claim, plaintiff was compelled to initiate
this action and to retain the services of the undersigned counsel and to
incur expenses in the amount of P100,000.00 as and by way of
attorneys fees.
WHEREFORE, it is respectfully prayed that, after due hearing,
judgment be rendered ordering the defendant to pay the plaintiff the
amount of P1,000,000.00 with interest thereon at the rate of 14% per
annum from September 28, 1996 until fully paid, plus the amount of
P100,000.00 for and as attorneys fees.
Plaintiff prays for such other and further reliefs as may be just or
equitable under the premises.
Makati City, September 28, 2003.
(Sgd.)
(Address)
PTR O.R. No. , Makati City, Jan. 3, 2003
IBP O.R. No. , Makati City, Jan. 20, 2003
Attorneys Roll No. , (date)
CERTIFICATION AGAINST FORUM SHOPPING
I, A.B., do hereby certify that I am the President of the Paramount
Bank, plaintiff in the above-entitled case; that I have been duly
authorized by the Board of Directors of the said bank to execute this
Certification against Forum Shopping, as evidenced by the Secretarys
Certificate of Board Resolution hereto attached as Annex B hereof;
that the plaintiff has not filed any other case in any other court or
administrative tribunal involving the same cause of action; that I am
not aware of any pending case involving the same cause; and that
should I hereafter acquire knowledge of such other action, I will notify
this Honorable Court thereof within five (5) days from acquiring such
knowledge.
A.B.
SUBSCRIBED & SWORN to before me this 28th day of September,
2003 the affiant exhibiting to me his Community Tax Certificate No.
___________ issued at on January 31, 2003.
NOTARY PUBLIC
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2003.
(B)
NATIONAL CAPITAL REGION
Plaintiff,
- versus CRIM. CASE No.
______________________, For: Rape
Accused.
INFORMATION
The undersigned City Prosecutor hereby accuses ________________
of the crime of Rape committed as follows:
That on or about June 2, 2003, at about ____ p.m., in
________________ and within the jurisdiction of this Honorable Court, the
said accused did then and there willfully, unlawfully and feloniously,
through force and intimidation, inserted the middle finger of his right
hand in the genital organ of Divina _____________, who is
his
own
daughter and is only six (6) years of age.
CONTRARY TO LAW.
CITY PROSECUTOR
City of Manila
CERTIFICATION
I hereby certify that a preliminary investigation was conducted in the
above-entitled case, and there is prima facie evidence that the crime
of Qualified Rape has been committed and that the accused is
probably guilty thereof.
CITY PROSECUTOR
Bail Recommended: None
I.
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. (5%)
B.
What is a lawyer's duty if he finds that he cannot honestly
put up a valid or meritorious defense but his client insists that he
litigate? Explain. (5%)
SUGGESTED ANSWER:
A.
I would rule in favor of Jose Kapuspalad. In Reontoy v.
Ibadlit, 285 SCRA 88 (1998), the Supreme Court found a lawyer to be
negligent for failing, first of ail, to notify his client about the adverse
decision, and, secondly, for failing to file an appeal in the 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 clients 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 said
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 to be [People v. Nad era,
Jr., 324 SCRA 490 (2000)]. But if the case is a civil case, he should
decline to accept the same. In a civil action, the rules and ethics of the
profession enjoin a lawyer from taking a bad case. The attorneys
signature in every pleading constitutes a certification that there is
good cause to support it and that it is not interposed for delay. It is the
attorneys 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.
II
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 Rauls appearance and moved for his disqualification on
the ground that he is not a lawyer. If you were the Labor Arbiter, how
would you resolve the motion? Why? (5%)
SUGGESTED 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.
III
Determine whether the following advertisements by an attorney are
ethical or unethical. Write Ethical or "Unethical," as the case may be,
opposite each letter and explain.
A.
A Calling card, 2" x 2" in size, bearing his name in bold
print, office, residence and e-mail addresses, telephone and facsimile
numbers. (2%)
B.
A business card, 3" x 4" in size, indicating
aforementioned data with his photo. 1" x 1 in size. (2%)
the
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 multi-million damage suit against the
company in the Supreme Court. (2%)
D.
The same press release made by his client in a tabloid.
(2%)
E.
A small announcement in BALITA, a tabloid in Filipino, that
the attorney is giving free legal advice for September 2002, (2%)
SUGGESTED ANSWER:
A.
Ethical - A lawyer, in making known 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
lawyers photo in it smacks of commercialism.
C.
Unethical - A lawyer should not resort to indirect
advertisements 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 about
his clients intention to publish and he did not 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. pn re:
Tagorda, 53 Phil 27 (1929)].
F.
Ethical - The rule prescribing advertising or solicitation of
business is aimed at commercialization of the profession and has to do
with the effort to obtain remunerative business. It was never aimed at
a situation in which a group of lawyers announce that they are willing
to devote some of their time and energy to the interests of indigent
citizens. (Agpalo, Legal Ethics, 5th ed., p. 81).
IV
A.
State the rule on whether a client is bound by the mistake
of his counsel. (3%)
B.
On account of his mistake, Is counsel liable to his client for
damages? Explain. (2%)
SUGGESTED ANSWER:
A.
A client is bound by the mistakes of his lawyer [Cabales v.
fiery, 94 SCRA 374 (1979); Valerio v. Secretary of Agriculture, 7 SCRA
719(1963)]. However, when the lawyer has practically sold his client
down the river or when the negligence is so gross that the client was
deprived of due process, the client is not bound by the negligence of
the lawyer [PHHC v. Tiongco, 12 SCRA 471(1964); San Miguel Corp. v.
Laguesma, 236 SCRA 595(1994)].
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 counsels 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 the
latter.
V
On June 28, 2001, RJ filed with the Supreme Court a petition for
prohibition, with a prayer for a 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 RJs
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? Explain. (2% )
B.
Give three (3) instances of forum-shopping. (3%)
SUGGESTED ANSWER:
A.
RJ Is guilty of forum-shopping. Forum-shopping is the
practice of filing multiple actions from the same cause (Rule 12.02,
Code of Professional Responsibility). It is clear that RJs petition for
prohibition was still pending in the Supreme Court when 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 by appeal or certiorari) in
another.
(2) When he institutes two or more actions or proceedings
grounded on the same cause, on the gamble that one or the other
court would make a favorable disposition [Benguet Electric
Cooperative, Inc. v. NEA, 193 SCRA 250(1991)].
(3) Filing a second suit in a court without jurisdiction [New
Pangasinan Review, Inc. v. NLRC, 196 SCRA 55(1991)].
(4) Filing an action in court while the same cause of action
is still pending in an administrative proceeding [Earth Minerals
Exploration, Inc. v. Macaraig, 194 SCRA 1(1991)].
(5) When counsel omits to disclose the pendency of an
appeal, in filing a certiorari case [Collado vs. Hernando, 161 SCRA 639
(1988)].
[NOTE: The committee suggests full credit for any 3 of the above
enumerated instances of forum-shopping]
VI
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 of the
lot. Atty. CJ accepted the assignment.
A. Is the contract for contingent fee valid? Explain. (3%)
B. Did Atty. CJ commit any violation of the Code of Professional
Responsibility? Explain. (2%)
SUGGESTED ANSWER:
A. Contract for contingent fee is a contract wherein the
attorneys 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 may be reduced by the courts if it should be
unconscionable. Fifty percent (50%) of what the client might 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 v. Abecia, 298 SCRA 239 (1998), the
Supreme Court held that the assignment to a lawyer of a portion of
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 the litigation handled by the lawyer.
In this case, since the action handled by Atty. CJ was for damages, the
property was apparently not involved in the litigation. Hence, his
acquisition of 50% of the same is ethical.
VII
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 (IBP)? Explain. (3%)
B.
Will your answer be different if the legal aid is requested in
a civil case? (2%)
SUGGESTED 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, therefore, decline
such appointment for serious and sufficient cause. For example, he
may decline such appointment if it will involve a conflict of interest
with another client.
B.
My answer will not be exactly the same, because In a civil
case, the Sawyer 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.
VIII
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? (2%)
B.
Should Atty. Z tell B that A consulted him earlier about the
same case? Why? (3%)
SUGGESTED ANSWER:
A.
Atty. Z should not accept the case. When A consulted him
about her complaint against B and C, a lawyer-client relationship was
created between A and Atty. Z. Atty. Z cannot subsequently represent B
against A in a matter he was consulted about. This constitutes conflict
of interest It does not matter if Atty. Z is not handling the case for A.
B.
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.
IX
A proceeding for disbarment is considered sui generis, txplain
briefly, giving at least five (5) reasons in support of your answer. (5%)
SUGGESTED ANSWER:
A disbarment proceeding is sui generis or a class by itself,
because of the following reasons:
(1)It Is neither a 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 Interest or lack of Interest of the
complainant;
(5)It is Imprescriptible;
(6)It Is confidential;
(7)It Is in itself due process.
[NOTE: The committee suggests full credit for any 5 of the abovementioned reasons.]
X
Atty. N had an extramarital affair with O, a married woman, as a
result of which they begot a child, P. Atty. N admitted paternity of the
child P and undertook to support him. On the basis of this admission, is
Atty. N subject to disciplinary action by the Supreme Court? Why? (5%)
SUGGESTED ANSWER:
In the case of Tucay v. Tucay, 318 SCRA 229 (1999), the Supreme
Court held that the finding that a lawyer had been carrying on an illicit
affair with a married woman is a grossly immoral conduct and only
indicative of an extremely low regard for the fundamental ethics of his

profession.
XI
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
disciplinary action against Atty. LA in the Philippines? Why? (5%)
for
SUGGESTED ANSWER:
The suspension of Atty. LA from the practice of law abroad may
be 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.
XII
Atty. BB borrowed P30,000.00 from EG to be paid in six months.
Despite reminders from EG, Atty. BB failed to pay the loan on its due
date. Instead of suing in court, EG lodged with an IBP chapter a
complaint for failure to pay a just debt against Atty. BB. The chapter
secretary endorsed the matter to the Commission on Bar Discipline
(CBD). A Commissioner of the CBD issued an order directing Atty. BB to
answer the complaint against him but the latter ignored the order.
Another order 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? (3%)
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 acts done in his private capacity? Why? (2% )
SUGGESTED ANSWER:
A.
In the case of Toledo v. Abalos, 315.SCRA 419 (1999), 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 a -debt has been considered as gross
misconduct [Constantino v. Saludares, 228 SCRA 233 (1993)].
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 a duly constituted authority.
XIII
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?
Why? (5%)
SUGGESTED 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 o? law as a member of the bar or giving professional
advice to cBiente. In the case of De Castro v. Capulong, 118 SCRA 5
(1882), the Supreme Court held that a judge who merely acted as a
witness to a document and who explained to the party waiving his
rights of redemption over mortgaged properties and the consequences
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. Besides,
his act was an isolated act.
XIV
The family of Judge Matrabaho owns a small department store.
With his knowledge, an employee of the store posted on the bulletin
board of his court an ad for job openings informing the public that
applications must be filed in the office of the judge. For this purpose,
the applicants would also be interviewed therein. Is the judge liable for
misconduct? Explain. (5%)
SUGGESTED ANSWER:
The judge is liable for misconduct. In the case of Dionisio v.
Escano, 302 SCRA 411 (1999), the Supreme Court held that the acts of
posting advertisements for restaurant personnel on the court bulletin
board, using his court address to receive applications, and of screening
applicants in his court, constitute involvement in private business and
improper use of court facilities for the promotion of family business in
violation of the Code of Judicial Conduct. The restriction enshrined in
Rules 5.02 and 5.03 of the Code of Judicial Conduct on judges with
regard to their own business interests is based on the possible
interference which may be created by these business involvements in
the exercise of their judicial duties which tend to corrode the respect
and dignity of the courts as the bastion of justice. Judges must not
allow themselves to be distracted from the performance of their
judicial tasks by other lawful enterprises.
XV
While Miss Malumanay, a witness for the plaintiff, was under
cross-examination, Judge Mausisa asked questions alternately with the
counsel for the defendant. After four questions by the judge, the
plaintiffs counsel moved that the judge refrain from asking further
questions which tended to favor the defense and leave the
examination of the witness to the defendant's counsel, who was a new
lawyer. The judge explained that he was entitled to ask searching
questions.
A.
Is the motion tenable? Why? (2%)
B.
Can the judge justify his intervention? How? (3%)
SUGGESTED ANSWER:
A.
It depends. Rule 3.06 of the Code of Judicial Conduct
provides that while a judge may, to promote justice, prevent waste of
time or clear up some obscurity, property intervene in the presentation
of evidence during the trial, it should always be borne in mind that
undue interference may prevent the proper presentation of the cause
or the ascertainment of truth. Thus, if in asking four questions
alternately with counsel for the defendant, Judge Mausisa was only
trying to clear up some obscurity, he cannot be accused of undue
interference. But if his searching questions were such as to give the

impression that he was already acting as a counsel for the defendant,
his conduct is improper.
B.
The judge can justify his intervention on any of the grounds
mentioned by the rule, namely, to promote justice, avoid waste of
time, or clear up some obscurity.
XVI
Prepare a motion for extension of time to file an answer to a
complaint in the Regional Trial Court. Branch 3, Manila. For purposes of
this pleading, your name is Pedro Cruz. Supply the other hypothetical
data. Omit proof of service and notice of hearing.
(5%)
SUGGESTED ANSWER:
Branch 3, Manila
JUAN DE LA CRUZ,
Plaintiff,
-versus-
CIVIL CASE NO. 12345
PEDRO DE GUZMAN,
Defendant
x--------------------------- x
MOTION FOR EXTENSION OF TIME TO FILE ANSWER
PLAINTIFF, through undersigned counsel, to this Honorable Court
1.
That defendant was served with summons and a copy of
the complaint on September 19, 2002 and, consequently, has only up
to October 4, 2002 within which to file an Answer;
2.
That the undersigned counsel has started to prepare the
Answer but unfortunately, due to pressure of work in attending to other
equally important cases; he will need additional time, of 15 days from
October 4, 2002, to complete and file the same;
3.
That, his motion is being Filed solely for the foregoing
reason and not for purposes of delay.
WHEREFORE, it is respectfully prayed that defendant be given an
extension of time, of 15 days from October 4, 2002 within which to file
an Answer to the Complaint
PEDRO CRUZ
(Counsel for the Defendant)
(address)
(PTR & IBP OR Nos.)
XVII
Jose Malinlang is accused of estafa upon complaint of Joyce
Mapagbigay. The case is pending before the Regional Trial Court,
Branch 1, Manila, where it is docketed as Criminal Case No. 5430. Joyce
engages your services as a private prosecutor. File your formal entry of
appearance. For purposes of this pleading, your name is Pedro Cruz.
(5%)
SUGGESTED ANSWER:
BRANCH 1, MANILA
Plaintiff,
-versus No. 5430
CRIM. CASE
For: ESTAFA
JOSE MALINLANG,
Accused,
x-----------------------------------x
ENTRY OF APPEARANCE
The Clerk of Court
Regional Trial Court
Branch 1, Manila
Sir:
Kindly enter the appearance of the undersigned as Private
Prosecutor in the above-entitled case, under the supervision and
control of the Public Prosecutor, with the conformity of the complainant
Joyce Mapagbigay, as shown below.
Henceforth, kindly furnish the undersigned with copies of all
pleadings and orders at his address given below.
PEDRO CRUZ
Counsel for the Complainant
(address)
(PTR & IBP OR Nos.)
CONFORME:
JOYCE MAPAGBIGAY
Complainant
Copies Furnished by personal delivery:
The City Prosecutor Manila
Atty.
Counsel for the Accused
(address)
XVIII
Prepare a motion to dismiss an action for a sum of money in the
RTC, Branch 1, Quezon City on the ground of improper venue. Supply
the other hypothetical facts and use Pedro Cruz as your name. (5%)
SUGGESTED ANSWER:
BRANCH 1, QUEZON CITY
JUAN DE LA CRUZ,
Plaintiff,
-versusNo._________
CIVIL CASE
For: Sum of Money
PEDRO PATERNO,
Defendant.
x-----------------------------x
MOTION TO DISMISS
Defendant, through undersigned counsel, to this Honorable Court
respectfully moves for the dismissal of the complaint in the aboveentitled case on the ground that VENUE HAS BEEN IMPROPERLY LAID.
ARGUMENT
The Rules of Court provide that a complaint in a civil case
cognizable by the Regional Trial Court should be filed in the RTC of the
place where the plaintiff or the defendant resides, at the option of the
plaintiff. The complaint in the aboveentitled case expressly alleges
that the plaintiff is a resident of Makati City while the defendant is a
resident of Caloocan City. Hence, venue has been improperly laid.
SUGGESTED ANSWER:
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
Quezon City, September 23, 2002.
PEDRO CRUZ
(address)
(PTR & IBP OR Nos.)
Atty. _______________________ (By personal service)
(address)
Sir:
Please be notified that on October 11, 2002, at 8:30 a.m. or as
soon thereafter as the matter may be heard, the undersigned counsel
will submit the foregoing motion to the Honorable Court for its
PEDRO CRUZ
End

I
What steps should first be done by the attorney before he can
endorse or object to his client is intention to plead guilty? State your
reasons. (5%)
SUGGESTED ANSWER:
It is the duty of defense counsel to (a) study thoroughly the
records and surrounding circumstances of the case and determine if
there are valid defenses he can use, (b) confer with the accused and
obtain from him his account of what had happened, (c) advise him of
his constitutional and statutory rights, including advisability of entering
into plea bargaining, (d) thoroughly explain to him the impact of a
guilty plea and the inevitable conviction that will follow, and (e) if the
client still insists on pleading guilty, see to it that the prescribed
procedure necessary to the administration of justice is strictly followed
and disclosed in the court records.
II
Atty. A's former Client B is deceased. A new Client C proposes to
engage the legal services of Atty. A against the heirs of deceased
Client B. Has Atty. A absolute right to accept the engagement since

Client B is no longer his client? Decide. (5%)
SUGGESTED ANSWER:
The right of Atty. A to accept the engagement of client C is
qualified by his obligations to avoid conflict of interest arising from his
relation to the deceased client B. Atty. A has received information and
confidences from client B which Atty. A is prohibited from utilizing
against the heirs of the deceased client. The obligation to hold in
confidence communications and information received from Client B is
not terminated by the death of the client.
III
Atty. A objects to the collaboration of Atty. B as proposed by
Client C In a pending case. How would A, B and C handle the situation?
(5%)
SUGGESTED ANSWER:
1.
A, B, and C may handle the situation in the following
manner
(a)
"A" can offer to withdraw his services. Rule 22.01(c)
of the Code of Professional Responsibility allows a lawyer to withdraw
his services if his inability to work with co-counsel will not promote the
best interest of his client. Here, by objecting to the collaboration of
Atty. B, Atty. A foresees his inability to work with the former. A may
with withdraw to give his client a free hand in protecting his interest.
(b)
"B" should refuse to accept the case, otherwise, he
may be encroaching on the professional employment of another
lawyer. A lawyer should decline association as colleague if it is
objectionable to the original counsel, but if the lawyer first retained is
relieved, another may come into the case. (Canon 7, Canons of
Professional Ethics).
(c)
"C" the client must choose only one of the lawyers. If
he wants Atty. B as his lawyer, he should formally terminate the
services of "A" so "B" can formally enter his appearance in the case.
ALTERNATIVE ANSWER:
Atty. B is ethically prohibited from acting as co- counsel of Atty. A

if Atty. A objects. However, final decision rests on the client. If the
client insists on the collaboration of Atty. B, even if Atty. A's recourse is
to withdraw from the case. (Canon S of Code of Professional
Responsibility)
IV
Atty. A. is an incorrigible gambler. He borrowed money left and
right and was eventually sued for payment of debts. In the Supreme
Court, he moved to dismiss the disbarment case against him reasoning
that his unpaid debts and collection suits against him are not legally
valid grounds to discipline him. Decide. (5%)
SUGGESTED ANSWER:
Atty. A cannot be disciplined for non-payment of debt.
In Toledo v. Abalos (315 SCRA 419), the Court held that
respondent lawyer therein may not be disciplined for failure to pay her
indebtedness. The remedy is to file a collection case before a regular
court of justice against the lawyer. The Supreme Court followed the
general rule that a lawyer may not be suspended or disbarred, and the
court may not ordinarily assume jurisdiction to discipline him, for
incurring indebtedness in his private capacity.
ALTERNATIVE ANSWER:
The Code of Professional Responsibility (CPR) mandates that a
lawyer shall not engage in an unlawful, dishonest, immoral or deceitful
conduct. Nonpayment of his debt constitutes dishonest and deceitful
conduct on the part of the lawyer and therefore is a valid ground to
discipline him. However, Supreme Court has ruled that a disbarment
case is sot a proper forum for the collection of debts.
V
A client refuses to pay Atty. A his contracted attorney's fees on
the ground that counsel did not wish to intervene in the process of
effecting a fair settlement of the case. Decide. (5%)
SUGGESTED ANSWER:
Rule 1.04 of the Code of Professional Responsibility provides that
"a lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement. If a lawyer should

refuse to intervene in a settlement proceeding, his entitlement to his
attorneys fees maybe affected. However, if he has already rendered
some valuable services to the client, he must be paid Ms attorney's
fees on the basis of quantum meruit, even if it is assumed that he is
dismissed.
VI
Facing disciplinary charges for advertising as a lawyer, Atty. A
argues that although the calling card of his businessman friend
indicates his law office and his legal specialty, the law office is located
in his friendis store. Decide. (5%)
SUGGESTED ANSWER:
This appears to be a circumvention of the prohibition on
improper advertising. There is no valid reason why the lawyer's
businessman friend should be handling out calling cards which
contains the lawyer's law office and legal specialty, even if his office is
located in his friend's store. What makes it more objectionable is the
statement of his supposed legal, specialty.
VII
The shingle of a lone law practitioner Bartolome D. Carton, who
inherited the law office from his deceased father. Antonio C. Carton,
carries these names: "Carton & Carton Law Office." Is that permissible
or objectionable? Explain. (5%)
SUGGESTED ANSWER:
Rule 3.02 of the Code of Professional Responsibility provides as
follows:
"In the choice of a Arm name, no false, misleading or
assumed name shall be used, the continued use of the
name of deceased partner is permissible provided that
the firm indicates in all its communications that the
partner is deceased."
Since Atty. Antonio C. Carton is a solo practitioner, it is improper

for him to use the firm name "Carton & Carton Law Office", which
indicates that he is and/or was in partnership with his father. Even if he
indicates in all his communications that his father is already dead, the
use of the firm name is still misleading because his father was never
his partner before.
VIII
May a lawyer give proper advice and assistance to a client of
another lawyer? Support your answer. (5%)
SUGGESTED ANSWER:
There is nothing wrong with giving proper advice and assistance
to a client of another lawyer, as long as no conflict of interest is
involved and he does not encroach, directly or indirectly, on the
employment of the said lawyer. However, Rule 8.02 of the Code of
Professional Responsibility allows a lawyer, "without fear or favor, to
give proper advice and assistance to those seeking relief against
unfaithful and neglectful counsel."
IX
What should a lawyer, generally obligated by law to accept a
retainer, do if he knows or should know that he is not qualified to
render the legal service required? Explain. (5%)
SUGGESTED ANSWER:
"A lawyer shall not undertake a legal service which he knows or
should know that he is not qualified to render. However, he may render
such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter." (Rule
18.0, Code of Professional Conduct)
Atty. A discovered his client's fraud against the adverse party.

What steps should he take so that his client will secure only that which
is legally and justly due him? (5%)
SUGGESTED ANSWER:
"A lawyer who has received information that his client has, in the
course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with such client in
accordance with the Rules of Court". (Rule 19.02, Code of Professional
Conduct)
XI
Atty. A is offered professional engagement to appear before
Judge B who is A's relative, compadre and former office colleague. Is A
ethically compelled to refuse the engagement? Why? (5%)
SUGGESTED ANSWER:
"A lawyer shall rely upon the merits of the cause and refrain from
any impropriety which tends to influence, or gives the appearance of
influencing the court" (Canon 13, Code of Professional Conduct). There
is no ethical constraint against a lawyer appearing before a judge who
is a relative, compadre or former office colleague as long as the lawyer
avoids giving the impression that he can influence the judge. On the
other hand, the judge is required by the Code of Judicial Conduct not to
take part in any proceeding where his impartiality may be reasonably
questioned (Rule 3.12 Code of Judicial Conduct). Among the grounds
for mandatory disqualification of the judge is if any of the lawyers is a
relative by consanguinity or affinity within the fourth degree.
XII
Atty. A's client filed a case against Atty. Bs client for pirating the
book of A's client. A's client is a friend of B. A fIled a disbarment
complaint against B for convincing Ais client to settle the case. Decide.
(5%)
SUGGESTED ANSWER:
The complaint shall prosper. A lawyer should not in any way

communicate upon the subject of controversy with a party represented
by counsel, much less should he undertake to negotiate or compromise
the matter with him, but should deal only with his counsel. (Canon 9,
Canons of Professional Ethics, Likong v. Atty. Lim, A.C. No. 3149, August
17, 1994)
XIII
When may refusal of a counsel to act as counsel de oficio be
justified on grounds aside from reasons of health, extensive travel
abroad, or similar reasons of urgency? Support your answer. (5%)
SUGGESTED ANSWER:
Other justified grounds for refusal to act as counsel de oficio are:
(a)
Too many de oficio cases assigned to the lawyer (People v.
Daeng, 49 SCRA 222);
(b)
Conflict of interest (Rule 14.03, CPR);
(c)
Lawyer is not in a position to carry out the work effectively
or competently [supra);
(d)
Lawyer is prohibited from practicing law by reason of his
public office which prohibits appearances in court; and
(e)
Lawyer is preoccupied with too many cases which will spell
prejudice to the new clients.
XIV
May an attorney refuse to handle a losing case? Support your
answer. (5%)
SUGGESTED ANSWER:
In civil cases, a lawyer may refuse to handle a losing case. In all
probability, a losing case is one which has no basis or cause of action.
Under the Attorney's Oath, the Code of Professional Responsibility and
Rules of Court, it is the duty of a lawyer not to promote or sue any

groundless, false or unlawful suit, or give aid or consent to the same.
The same is true in criminal cases, except when a lawyer is
called upon to defend a person guilty of an offense. In such a case, a
lawyer may not refuse to defend a person merely because he
perceives him to be guilty. That matter is within the province of the
Judge. The client is presumed innocent until otherwise proven. It is the
counsel's duty to see to it that his client is accorded due process, that
his rights are respected, and that only the proper penalties are meted
out should he be convicted.
XV
As a rule, why should an attorney not testily as a witness for his
client? (5%)
SUGGESTED ANSWER:
"The underlying reason for the impropriety of a lawyer acting in
such dual capacity lies in the difference between the function of a
witness and that of an advocate. The function of a witness is to tell the
facts as he recalls them in answer to questions. The function of an
advocate is that of a partisan. It is difficult to distinguish between the
zeal of an advocate and the fairness and impartiality of a disinterested
witness. The lawyer will find it hard to disassociate his relation to his
client as an attorney and his relation to the party as a witness."
(Agpalo, p. 129)
XVI
From the viewpoint of legal ethics, why should it be mandatory
that the public prosecutor be present at the trial of a criminal case
despite the presence of a private prosecutor? (5%)
SUGGESTED ANSWER:
The public prosecutor must be present at the trial of the criminal
case despite the presence of a private prosecutor in order to see to it
that the interest of the State is well-guarded and protected, should the
private prosecutor be found lacking in competence in prosecuting the
case. Moreover, the primary duty of a public prosecutor is not to
convict but to see to it that justice is done (Rule 6.01, Code of

Professional Responsibility). A private prosecutor would be naturally
interested- only in the conviction of the accused.
XVII
Draft a motion to disqualify the Judge from hearing your client's
case (5%) (Do NOT use or sign your real name.)
SUGGESTED ANSWER:
Republic of the Philippines
________________ Judicial Region
Branch , Manila
A.
Plaintiff
- versus -
Civil CAM NO.
00-00000
B.
Defendant
x---------------------x
MOTION FOR DISQUALIFICATION/INHIBITION

Defendant, by undersigned counsel, respectfully moves and
prays that the Honorable Presiding Judge of this Court be disqualified
and/or inhibit himself from presiding over this case, on the ground that
Atty. T, counsel of the Plaintiff herein, is his first cousin, a relative
within the fourth degree of consanguinity, which is a mandatory
ground for disqualification/inhibition pursuant to Sec. 1, Rule 137 of the
Rules of Court.
WHEREFORE, it is respectfully prayed that the Honorable
Presiding Judge disqualify or inhibit himself from presiding over these
proceedings.
Place, Date.
Atty. Z
Counsel for Defendant
(EBP/PTR OR Nos. Place A Date of
Issue)
(Notice of Hearing)
Atty. A
Counsel for the Plaintiff (Address)
Sir:
Please take note that on _____________
, 2001
at
a.m..
The undersigned counsel will submit the foregoing motion to the
Honorable Court for its consideration and resolution.
Atty. Z
XVIII
Draft a motion for support pendente lite to be filed In your
client's pending case In the Regional Trial Court of Pasay City. (5%) (Do
NOT use or sign your real name).
SUGGESTED ANSWER:
National Capital Judicial Region
Branch , Pasay City
WIFE,
Plaintiff,
versus
HUSBAND,
Defendant,
x----------------------x
Civil Case No. 00-00000
MOTION FOR SUPPORT PENDENTE LITE

Plaintiff through counsel, respectfully states that:
1.
On 01 June 2001, plaintiff filed the complaint in the above
entitled case praying, among others, that defendant be ordered to give
plaintiff a monthly support.
2.
As alleged in the complaint, defendant and plaintiff are
husband and wife, having been legally married on 08 December 1996
at the Our Lady of Sorrows Church, Pasay City. A certified true copy of
their marriage contract is hereto attached as Annex "A", hereof.
3.
As also alleged in the complaint, defendant has abandoned
the conjugal home on 24 January 1998 without justifiable cause or
reason, and since then defendant has failed to give any support to the
plaintiff.
4.
The plaintiff is without any source of income as shown by
her affidavit attached hereto as Annex "B" hereof, whereas the
defendant is a medical doctor actively engaged in the practice of his
profession with an average monthly income of P80,000.00 more or
less.
5.
Considering the present prices of essential commodities,
plaintiff needs a monthly allowance and support of P15.000.00 for her
sustenance during the pendency of the instant case.
WHEREFORE, it is most respectfully prayed of this Honorable
Court that the defendant be ordered to give the plaintiff a monthly
support pendente lite of P15,000.00 to be paid at plaintiff is residence
on or before the 10th day of each month.
Place, Date.
Atty. Z
Counsel for Plaintiff
(EBP/PTR OR Nos. Place & Date of
Issue)
(Notice of Hearing)
Atty. A
(Address)
Sir:
Please take note that on ______________ , 2001 at
a.m.,
the
undersigned counsel will submit the foregoing motion to the Honorable
Court for its consideration and resolution.
Atty. Z
XIX
Draft an affidavit of a party to bar proceedings in the Office of
the Lupong Tagapamayapa of your barangay. (5%) (Do NOT use or sign
your real name).
SUGGESTED ANSWER:
QUEZON CITY
)
S.S.
AFFIDAVIT
I, _________________________, Filipino, of legal age, with address at
__________________ after having been duly sworn in accordance with
law, depose and state that:
1.
I am a resident of No. 30 ________________ Street, Barangay

X, Quezon City;
2.
I am a respondent in the complaint for collection filed by
Mr. Z before the Lupong Tagapamayapa of Barangay X, Quezon City;
3.
Mr. Z is a resident of No. 23 ______________ Street, Barangay
Q, Makati City;
4.
Mr. Z and I do not live within the same barangay or City;
5.
I have not agreed to the submission of the complaint of Mr.
Z against me for amicable settlement with the Lupong Tagapamayapa
of Barangay X, Quezon City;
6.
This affidavit is being executed for the purpose of barring
the proceedings in the Lupong Tagapamayapa of the complaint filed
against me by Mr. Z.
Further, affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this _______
day of ____________ ,2001
in
Quezon City, Philippines.
Affiant
(Jurat)
XX
Draft a short complaint with prayer for preliminary Injunction to
be filed in the Regional Trial Court of Manila. (5%) (Do NOT use or sign
your real name).
SUGGESTED ANSWER:
City of Manila Branch
A,
Plaintiff,
versus
Civil Case No.
B,
Defendant,
x---------------------x
COMPLAINT
Plaintiff, through counsel, alleges that:
1.
Plaintiff is of legal age and a resident of No. __________,
C.M. Recto Avenue, Sta. Cruz, Manila while defendant is of legal age
and a resident of No. __________,
Taft Avenue, Malate, Manila, where he may be served with summons.
2.
Plaintiff is the owner of a parcel of land situated at Rizal
Avenue, Manila, covered by Transfer Certificate of Title No. 28699 of
the Register of Deeds of Manila, and more particularly described in said
certificate of title as follows:
(Technical Description)
3.
Defendant is the owner of a lot, also at Rizal Avenue,
Manila, adjoining the aforementioned lot of Plaintiff;
4.
On or about 02 January 2001, defendant started
construction of a building in his lot, but the said construction has
encroached into the lot of the plaintiff by about three (3) meters along
the whole extension of the boundary line between the two lots;
5.
The said construction by the defendant continues at
present despite protests and objections of the plaintiff, and defendant
has refused to vacate the plaintiffs property, notwithstanding the
demands of the plaintiff;
6.
The continuance of the construction during the pendency
of the present litigation will not only cause injustice and great and
irreparable injury to the plaintiff, but and will also complicate
aggravate, and multiply the issues of this case;
7.
Plaintiff is willing to post a bond in such amount as may be
fixed by this Honorable Court, for the issuance of a writ of preliminary
injunction enjoining the defendant and all persons under him from
continuing with his construction inside the plaintiff is lot during the
pendency of this case;
8.
Since plaintiff and defendant are residents of different
barangays, prior resort to the Lupong Tagapamavapa is not required.
PRAYER
WHEREFORE, plaintiff prays that judgment be rendered:
1.
Upon the filing of a bond by the plaintiff in such amount as
this Honorable Court may fix, a writ of preliminary injunction be issued
enjoining the defendant and all persons under him from doing further
work in the construction of his building within the plaintiff is property
during the pendency of this case.
2.
After trial, making the injunction abovementioned
permanent, and ordering the defendant to remove all the posts and
other construction within the plaintiff is lot, and upon the defendant
failure to do so, authorizing plaintiff to order said removal at
defendants expense.
3.
Ordering defendant to pay the costs of the suit.
Plaintiff prays for other measures of relief that are just and equitable
under the premises.
Place, Date.
Atty. X

(Address)
(IBP/PTR OR Nos. Place & Date of
Issue)
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
A, after being duly sworn, hereby depose and states:
1.
That he is the plaintiff in the above-entitled case; that he
has caused the foregoing complaint to be prepared; that he has read
the same and all the allegations of fact therein contained are true and
correct of his personal knowledge.
2.
That he hereby certifies that (a) he has not heretofore
commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency, (b) to the best of his
knowledge, no such other action or claim is pending therein, and (c) if
he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within five (5) days
therefrom to this Honorable Court.
Place, Date.
(Sgd.) A
(Jurat)
I
X was indicted for murder. As he had no counsel on arraignment,
the.trial court appointed Atty. A as his counsel de oficio. When Atty. A
asked X what was his stand. X said he was guilty. X thereupon pleaded
guilty. Trial was thereafter conducted. When the turn of the defense to
present evidence came. Atty. A manifested that he was not presenting
any and that he was submitting the case for decision, praying that Xs
plea be considered mitigating. Did Atty. As assistance or conduct
approximate the competence and diligence which the Code of
Professional Responsibility expected of him? Explain. (5%)
SUGGESTED ANSWER:
No. It is the duty of defense 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 of guilty, see to it that
the prescribed procedure is observed, present evidence, including
possible mitigating circumstances, so 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
has pleaded guilty. Atty. A has fallen short of this required conduct.
II
D was charged with estafa by C before the barangay for
misappropriating the proceeds of sale of jewelry on commission. In
settlement of the case, D 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? Explain. (5%)
SUGGESTED 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. Ctoco, 264 SCRA 703 [1996]). In the case of
Penticostes u. Ibanez, 304 SCRA 281 [1999J, 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.
III
A town mayor was indicted for homicide through reckless
imprudence arising from a vehicular accident. May his father-in-law
who is a lawyer and a Sangguniang Panlalawigan member represent
him in court? Reason. (5%)
SUGGESTED ANSWER:
Yes, his father-in-law may represent him in court. Under the Local
Government Code (R.A. 7160), members of the Sanggunlan 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 wherein 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 wherein 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 interests of the government. In this case,
the town mayor was indicted for homicide through reckless
imprudence, an offense that is not related to his office.
IV
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?
Reasons. (5%)
SUGGESTED ANSWER:
His appeal is meritorious. A person cannot be summarily
penalized for indirect contempt. In indirect contempt, the law requires
that there be a charge in writing duly filed in court and an opportunity
to the person charged to be heard by himself or counsel.
V
Atty. X filed a notice of withdrawal of appearance as 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 attorneys fees. Is the ground
for withdrawal justified? Explain. (5%)
SUGGESTED ANSWER:
The ground for the 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 lawyers fees or to comply
with the retainer agreement. He has only refused to agree with the
lawyers demand for an increase in his
VI
C filed a verified administrative complaint against Atty. D. In the
course of the investigation, C presented an affidavit of desistance
which she identified on the witness stand. What course of action should
the investigator take? Explain. (5%)
SUGGESTED ANSWER:
The investigator should continue with the investigation. A
disbarment proceeding is sui generis, neither a civil nor 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 [1998I). If the
evidence on record warrants, the respondent may be suspended or
disbarred regardless of the desistance of the complainant. 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.
VII
Atty. E entered his appearance as counsel for defendant F in a
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
suspend Atty. E from the practice of law. May the judge grant the
motion? Explain. (5%)
SUGGESTED 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 lawyers appearance for a party without the

authority of the latter must be willful, corrupt or contumacious in order
that he may be held administratively liable therefor. But if he has acted
in good faith, the complaint for suspension will fail (Garrido u.
Qutsumbing, 28 SCRA 614 [19691 ).
VIII
(a)
What is a champertous contract? Is it valid?(2%)
(b)
Distinguish between a champertous contract and a
contingent fee contract. (3%)
SUGGESTED 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
Judgment. It is contrary to public policy and invalid because it violates
the fiduciary relationship between the lawyer and his client (Bautista u.
Gonzales, 182 SCRA 151 [1990]). In effect, he is investing in the case
with the expectation of making a profit. The practice of law is a
profession and not a business venture.
(b)
A contingent fee contract is an agreement in which the
lawyers 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 clients right. It is a valid agreement. It is different from a
champertous contract in that the lawyer does not undertake to
shoulder the expenses of the litigation.
IX
(a)
Define an attorney's retaining lien. (2%)
(b)
G was appointed administratrix 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. K retained
documents bearing on the estate of the decedent which were
entrusted to him by G. Is Atty. Hs retention of the documents justified?
Explain. (3%)
SUGGESTED 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 his lawful fees and disbursements have been
paid, and to apply such funds to the 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 the decedent
entrusted by G to him are not properties of G but of the estate which is
not his client. Atty. H has no right to exercise a retaining lien over such
documents.
X
(a)
State the exception to the rule that the negligence of

counsel binds the client. (2%)
(b)
Section 20. Rule 138 of the Rules of Court enumerates nine
(9) duties of attorneys. Give at least three (3) of them. (3%)
SUGGESTED 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 ones property through
a technicality (Salonga v. Court of Appeals, 269 SCRA 534 11997J), 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 maintain 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 defenses 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 are 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 client, and to accept
no compensation in connection with his clients 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 a 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 mans
cause, from any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself,
the cause of the defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair and
honorable means, Tegardless of his personal opinion as to
the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of
life or liberty, but by due process of law.
(N.B. any three will be sufficient)
XI
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 a point to be at the coffee shop at about
the time that Judge K takes his breakfast. Comment on Atty. J's acts. Do
they violate the Code of Professional Responsibility? (5%)
SUGGESTED ANSWER:
Yes, his actions violate the Code of Professional Responsibility.
Canon 13 of the said Code provides that a lawyer shall rely upon the
merits of his cause and refrain from any impropriety which tends to
influence, or gives the appearance of influencing the court. Rule 13.01
of the same Code provides that a lawyer shall not extend extraordinary
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.
XII
M was criminally charged with violation of a special law. He tried
to engage the service 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%)
SUGGESTED ANSWER:
It would not be ethical for Atty. N to decline. Rule 14.01 of the
decline to represent a person solely on account of the latters 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
proved beyond reasonable doubt by procedure recognized by law.
XIII
In a pending labor case, Atty. A filed 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 the case. May Atty. A be
faulted administratively? Explain. (5%)
SUGGESTED 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 shows, at least, lack

of diligence on the part of Atty. A (Commission on Elections v. Noynay,
292 SCRA 254[ 19981).
XIV
Before he joined the bench, Judge J was a vice-mayor. Judge J
resumed writing a weekly column in a local newspaper. In his column,
Judge J wrote:
It was wondering if the present vice-mayor can
shed off his crocodile 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 defense tenable? Explain. (5%)
SUGGESTED ANSWER:
The Judges reliance on freedom of expression is untenable. The
judge's vicious writings compromise his duties as judge in the impartial
administration ofjustice. His writings lack judicial decorum which
requires the use of temperate language at all times. The judge should
not instigate litigation (Galang u. Santos, 307 SCRA 583 [19991,
Royeca v. Animas. 71 SCRA 1 [19761).
XV
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%)
SUGGESTED ANSWER:
Rule 15.03 of the 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 and consent of both, such consent was not made in writing.
Atty. Z may be held liable for malpractice.
ALTERNATIVE ANSWER:
In the case of In re: De la Rosa, 27 Phil. 258 [1914], the Supreme
Court held that where a lawyer acted as attorney for both a vendor and
a purchaser, whose interests were diametrically opposed to each other,
but with 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 lawyers conduct constituted a practice
severely to be condemned.
XVI
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%)
SUGGESTED 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.
XVII
Your client comes to you complaining that a lessee of his building
has refused to vacate the leased premises despite the expiration of the
contract of lease whfch was not renewed, and despite demands to
vacate. He asks you to initiate legal action. Prepare the necessary
complaint. (Do not use your own name in the pleading.) (10%)
SUGGESTED ANSWER:

MANILA
A,
Plaintiff.
versus --
CIVIL CASE NO.

For: Unlawful Detainer
B.
Defendant,
x----------------------x
COMPLAINT
A, through the undersigned counsel, to this Honorable Court
1. Plaintiff is of legal age, single, and a resident of
________________, Manila, while defendant is of legal age,
single and a resident of ________________, Manila, where he
may be served with summons;
2. Plaintiff is the owner of a commercial building in
_______________________, Manila, which the defendant has
leased for a period of five (5J years commencing from
August 1. 1995 at a monthly rental of P 1,000,000.00,
pursuant to a written contract of lease, a photocopy of
which is hereto attached as Annex A" and made an
integral part hereof;
3. The said contract of lease expired on July 31. 2000, and
has not been renewed.
4. Despite the expiration of the said contract of lease, B. has
unlawfully failed and refused to vacate the same despite
demands of the plaintiff. A photocopy of the last demand,
dated August 5, 2000 and received by the defendant on
the same date, or more than five (5) days prior to the filing
of his complaint is hereto attached as Annex B" and made
integral part hereof.
5. Due to the defendant's adamant refusal to vacate the

leased premises, plaintiff has been compelled to initiate
the suit and to incur expenses in the amount of P50.000.00
aside from costs of suit.
6. Prior to the filing of this complaint, this dispute was
brought to the lupon tagamayapa of Barangay
____________________
, where the leased premises is
located, but no settlement was arrived at, as evidenced by
the Certification to File Action issued by the Barangay
Chairman, a copy of which is hereto attached as Annex C"
hereof.
WHEREFORE, it is respectfully prayed that, after due hearing.
Judgment be rendered ordering the defendant, and all persons acting
under him. to vacate the aforementioned leased premises and
surrender possession thereof to the plaintiff, and to pay the plaintiff the
amount of P50.000.00 as and for attorneys fees, plus costs of suit.
Plaintiff prays for such other and further reliefs as may be just
and equitable under the premises.
ATTY. X
Address
IBP OR No. ____________,
Manila
January 5, 2000
PTR
No.
_______________,Manila
January 5, 2000
VERIFICATION AND CERTIFICATION
________________________________
CITY OF MANILA
)
)
)S.S.
A, after having been duly sworn in accordance with law, hereby

deposes and states:
1. That he is plaintiff in the above-entitled case and has
caused the foregoing complaint to be prepared;
2. That he hereby certifies that he has not heretofore
commenced any action or filed any claim involving the
same issues before any other court, tribunal or quasijudicial agency, that to the best of his knowledge, there is
no such pending action or claim, and that if he should
hereafter learn that the same or similar action or claim has
been filed or is pending, he shall report such fact within
five (5) days therefrom to this Honorable Court.
A
Affiant
SUBSCRIBED AND SWORN to before me this ______ day of
______________,
2000, the affiant exhibiting to me her/his Community
Tax
Certificate
No.
issued
at
________________
on__________________________.
Doc. No.
Page No.
Book No.
Series of 2000.
XVIII
Prepare an Information for rape of a 17-year old girl committed
by the common-law spouse of her mother warranting the imposition of
the death penalty. (Do not use your own name in the Information.)
(10%)
SUGGESTED ANSWER:
MANILA
Plaintiff,
- versus X
CRIM. CASE NO.

For: Rape
x---------------------------------x
INFORMATION
The undersigned Public Prosecutor for the City of Manila, hereby
accuses X of the crime of Rape committed as follows:
That, on or about 10:00 p.m., of July 4, 2000, at his house in
_____________________ Tondo, Manila, and within the jurisdiction of
this Honorable Court, the said accused, by means of repeated blows to
the stomach which rendered the victim unconscious, did then and
there, willfully, unlawfully and feloniously, have carnal knowledge ofY,
who was then a minor child, 14 years of age, and daughter of Z, the
common law spouse of the accused.
Contrary to law.
A
Public Prosecutor
CERTIFICATION
This is to certify that a preliminary investigation has been
conducted in the above-entitled case, and that on the basis of the
evidence presented there is reasonable ground to believe that the
offense charged has been committed and the accused is probably
guilty thereof.
A
SUBSCRIBED AND SWORN to before me this _________ day of
______________, 2000, affiant exhibiting to me her Community Tax
Certificate No. ___________issued ________________________ at on
___________________________, 2000.
Doc. No.
Page No.
Book No.
Series of 2000.
I
A engaged the services of Atty. B to defend him in a case for
collect ion of sum of money that was brought against him in the
Municipal Trial Court by D. Despite notice of the scheduled dat es-of
hearing, Atty. B failed to appear much less to inform A about it. The
case was decided against A. It was only when the adverse judgment
was being executed against him that A learned he had lost the case.
When he went to see counsel, Atty. B put up the excuse that he was
busy attending to his cases which were more important than A's.
Before whom can A seek redress against Atty. B who apparently
was negligent in attending his case? (5%)
SUGGESTED ANSWER:
He may file a verified complaint against Atty. B, asking that he be
administratively disciplined, with either the Supreme Court, the Board
of Governors of the Integrated Bar of the Philippines (IBP), or the EBP
Chapter to which Atty. B belongs. (Sec. 1, Rule 139-B).
ADDITIONAL ANSWER:
He may also file a complaint against Atty. B before a Regional Trial
Court or Municipal Trial Court, depending on the amount involved, for
damages he may have sustained due to the latter's negligence.
II
Atty. X was de parte counsel for Y at the trial of a case for estafa
against Y in the Regional Trial Court where, after trial, he was found
guilty and sentenced to suffer the penalty that was imposed. The
convicted accused appealed to the Court of Appeals. The Clerk of the
Court of Appeals then sent notice to Atty. X that the record of the case
had already been forwarded to and received in the appellate court for
counsel to prepare and file the brief for the appellant. Because of Atty.
X's failure to file the brief for the accused, the latter's appeal was
dismissed. Complaint for disbarment was filed by Y against Atty. X for
neglect of duty. Atty. X's defense is that he ceased to be counsel for Y
after the adverse decision was rendered by the trial court.
Is Atty. Xs contention tenable? (5%)
SUGGESTED ANSWER:
Atty. X's contention is not correct. An attorney who appears de

parte in a case before a lower court shall be presumed to continue
representing his client on appeal unless he files a formal petition
withdrawing his appearance in the appellate court. (Sec. 22, Rule 138,
Rules of Court).
III
A, a mere high school graduate, with the aid of a friend who is a
college undergraduate, filed a complaint for recovery of a sum of
money in the amount of Four Thousand (P4.000.00) Pesos in the
Metropolitan Trial Court of his town. The Clerk of Court told A that his
complaint might be dismissed for insufficiency as to form because
neither he nor his friend who is assisting him is a lawyer.
Is the Clerk of Court correct? (5%)
SUGGESTED ANSWER:
The Clerk of Court is not correct. In the Justice of the Peace
courts (now known as Municipal Trial Court or Municipal Circuit Trial
Courts or Metropolitan Trial Court), a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him for that
purpose, or with the aid of an attorney. (Sec. 34, Rule 138, Rules of
Court).
IV
A, a law graduate but has not passed the bar examination, filed a
Complaint in the Regional Trial Court for recovery of Fifty Thousand
(P50.000.00) Pesos owed him by B. At the hearing of the case after
Answer was filed. A appeared by himself alone and without counsel to
prosecute his case. The defendant pointed out to the Court that A was
not a member of the bar and suggested that for his own protection. A
should engage the services of a counsel duly accredited as a member
of the Bar. The Judge intimated his willingness to reset the hearing of
the case to another day to enable plaintiff to engage the services of
counsel. Plaintiff replied he could manage to prosecute his own case, it
being but a simple case for collection of sum of money. If you were the
Judge, will you allow A to continue prosecuting his case by himself
alone? (5%)
SUGGESTED ANSWER:
Section 34, Rule 138 of the Rules of Court provides that in a
Regional Trial Court, a party may conduct his litigation personally or by
aid of an attorney, and his appearance must be either personal or by a
duly authorized member of the bar. Hence, if I were the Judge, I will
allow A to continue prosecuting his case alone, but I will warn him
about the risks involved in his doing so because of his lack of
knowledge of law and legal procedure.
ALTERNATIVE ANSWERS:
1.
If I were the Judge, I will not allow A to prosecute his case.
Although he is a law graduate, it does not appear that he is familiar
with procedural law, having filed the case with the RTC which has no
jurisdiction over the case in view of the amount involved. The judge is
duty bound to see to it that there is no miscarriage of justice.
2.
No. I shall dismiss the case for lack of jurisdiction because
the amount of P50.000.00 is within the jurisdictional ambit of the
Municipal Trial Court. Consequently, A could not continue prosecuting
the case.
V
X, a member of the Bar, was charged with and found guilty of
estafa for which he was sentenced to suffer imprisonment and to
indemnify the offended party for the amount involved. Not having
taken an appeal from the judgment of conviction, upon finality thereof
he was taken into custody to serve sentence. A month after he was
incarcerated he was granted pardon by the Chief Executive on
condition that he would not commit another offense during the
unserved portion of his prison sentence. Soon after X's release from
custody after being pardoned, the offended party in the criminal case
filed a Complaint for Disbarment against X in the Supreme Court. X set
up the defense that having been pardoned by the Chief Executive for
which reason he was released from imprisonment, he may not be
disbarred from the practice of law anymore.
Is X's contention tenable? (5%)
SUGGESTED ANSWER:
Xs contention is not tenable.

He was granted only a conditional pardon. Such conditional
pardon merely relieved him of the penal con-sequences of his act but
did not operate as a bar to his disbarment. Such pardon does not reach
the offense itself. Hence, it does not constitute a bar to his disbarment.
(In re Gutierrez, 5 SCRA 861, In re Avancea, 20 SCRA 1012).
Furthermore, the acts of X leading to his conviction maybe used to
show that he does not possess the necessary requirement of good
moral character for continued membership in the Bar (In re Vailoces,
117 SCRA 1).
VI
Atty. As services as a lawyer were engaged by B to recover from
C certain construction- materials and equipment. Because B did not
have the means of defray the expenses of litigation he proposed to
Atty. A that he (A) shoulders all expenses of the litigation and he (B)
would pay him (A) a portion of the construction materials and
equipment to be recovered as compensation for his professional
services.
May Atty. A correctly agree to such arrangement? (5%)
SUGGESTED ANSWER:
No, Atty. A may not correctly agree to such an agreement.
Such an arrangement would constitute a champertous contract
which is considered void due to public policy, because it would make
him acquire a stake in the outcome of the litigation which might lead
him to place his own interest above that of the client (Bautista v.
Gonzales, 182 SCRA 151). A champertous contract is one in which a
lawyer undertakes to prosecute a case, and bear all the expenses in
connection therewith without right of reimbursement, and will be paid
his fees by way of a portion of the property or amount that may be
recovered, contingent on the success of his efforts. It is different from a
contingent fee contract, which is valid, in which the lawyer will also be
paid depending on the success of his efforts, but he does not
undertake to shoulder all the expenses in the case. He may advance
such expenses but always subject to reimbursement by his client.
VII
A, who is charged in Court with estafa for misappropriating funds

entrusted to him by B, consulted Atty. C about the case with the
intention of engaging his services as defense counsel. Because A could
not afford to pay the fee that Atty. C was charging him, A engaged the
services of another counsel, Atty. D. At the trial of the case for estafa
against A the prosecutor announced in open court that his next witness
was Atty. C. whom he was calling to the witness stand. Counsel for A.
Atty. D, vigorously opposed the prosecutor's move on the ground that
Atty. C may not be called as a witness for the prosecution as he might
disclose a would be client's confidence and secret. Asked by the
presiding Judge what would be the nature of Atty. C's testimony, the
prosecutor answered it has something to do with how A obtained from
B the funds that the latter received from the former but failed to
account for. Thereupon, Atty. A vigorously opposed the prosecutor's
motion.
If you were the Judge, how would you rule on the matter? (5%)
SUGGESTED ANSWER:
If I were the judge, I will not allow Atty. C to take the witness
stand. When A consulted Atty. C about his case, a lawyer-client
relationship was established between them. It does not matter that A
did not eventually engage his services because of his fees; such
relationship has already been created (Hilado v. David, 84 Phil 569). A
lawyer shall be bound by the rule on privileged communication in
respect to matters disclosed to him by a prospective client (Rule 15.02
Code of Professional Responsibility). The rule on privileged
communication provides that an attorney cannot, without the consent
of his client, be examined as to any communication made by the client
to him (Sec. 21 [b], Rule 130, Rules of Court). The prosecutor has
announced that Atty. C will be asked about how A obtained from B the
funds that he failed to account for. Atty. C's knowledge of such matter
could have come only from A.
COMMENT:
There seems to be a typographical error in the last

sentence which refers to Atty. A. Perhaps, the
examiner intended to refer to simply A or to his
counsel Atty. D. It is recommended that the use by
the candidate of Atty. A should not detract from the
appreciation of his answer.
VIII
Atty. Juan Cruz, a practicing lawyer, was employed by Pilipinas
Bank as its bank attorney and notary public in three of its branches in
Manila. While thus employed, Maria del Rio, who was unaware of Atty.
Cruz employment in the bank, engaged Atty. Cruzs services as a
lawyer in a case that was filed by Pilipinas Bank for collection of sum of
money involving one of its branches in Quezon City which Atty. Cruz
accepted. The Quezon City Regional Trial Court, after due proceeding
and hearing, rendered judgment in favor of Pilipinas Bank and against
Maria del Rio who wanted to appeal the adverse judgment. But upon
advice of Atty. Cruz, the adverse judgment was not appealed.
Thereafter, Maria del Rio learned Atty. Cruz was employed by Pilipinas
Bank as one of Its attorneys. She now consults with you and asks you
to take legal steps against Atty. Cruz for his apparent misconduct.
What do you think of what Atty. Cruz did? Is there a valid and
legal basis to discipline him? (10%)
SUGGESTED ANSWER:
In agreeing to represent Maria del Rio in a case which Pilipinas
Bank filed against her, Atty. Cruz violated the rule against representing
conflicting interests. Rule 15.03 of the Code of Professional
Responsibility provides that a lawyer shall not represent conflicting
interests except by written consent of all concerned after a full
disclosure of the facts. It is improper for a lawyer to appear as counsel
for a person whose interest conflicts with that of his present or former
client, even in an unrelated case (Philippine National Bank v. Cedo, 243
SCRA 1). It does not matter that the Pilipinas Bank branch in Quezon
City is not one of the branches he services in Manila. The bank itself is
his client.
This constitutes malpractice for which Atty. Cruz can be disciplined.
IX
Justice X of the Court of Appeals, by mutual agreement of two
opposing parties, asked him to be their sole arbitrator in the
controversy that arose out of the construction of a building in Makati
City. The fee that would be paid to him was substantial, it amounting to
double his annual salary and allowances. When Justice X declined the
offer, the parties suggested that he go on leave of absence for three

months to enable him to do the job.
May Justice X accept the work offered to him while on leave of
absence? (5%)
SUGGESTED ANSWER:
Judge X may not accept the work offered him even while on
leave of absence from the Court of Appeals.
A judge should regulate extra-judicial activities to minimize the
risk of conflict with judicial duties (Canon 5, Code of Judicial Ethics). He
shall not accept appointment or designation to any agency performing
quasi- judicial or administrative functions (Rule 5.09, Code of Judicial
Conduct). This is specially so since decisions of voluntary arbitrators
are appealable to the Court of Appeals. He must minimize the risk of
conflict with judicial duties (Canons 4 and 5, Code of Professional
Responsibility). Moreover, he will create the Impression that he is
merely interested in the fee involved, which will detract from the
integrity of the judiciary.
X
In the contract of lease of the house and lot located in Quezon
City that A entered into with B. it is stipulated that if at the end of the
lease term, the lessee B should refuse and fail to vacate the premises
and the parties fail to agree on the extension of the lease, period, the
case for eviction should be filed with the Regional Trial Court in Manila.
Because of the refusal of B to vacate the premises at the end of the
lease period, A, the lessor, filed the Complaint for Detainer with the
Regional Trial Court of Manila, as agreed upon. The judge of the
Regional Trial Court of to whom the case was assigned motu proprio
dismissed the case for lack of jurisdiction. Plaintiff A and defendant B
presented separate motions urging the Court to reconsider its order
and assume jurisdiction of their case by mutual agreement. The Judge
denied their motion insisting that his Court has no jurisdiction over the
case for detainer.
May the Regional Trial Court upon the facts of the case assume
jurisdiction of it as suggested by the parties? (5%)
SUGGESTED ANSWER:
No, the Regional Trial Court may not assume jurisdiction.

Jurisdiction over the subject matter is conferred by law and not
by agreement of the parties. While Rule 3.13 of the Code of Judicial
Conduct provides for a Remittal of Disqualification of judges, it refers to
remittal of the disqualification of a judge to take part in a case because
of grounds that may put his impartiality in doubt. It is not applicable to
lack of jurisdiction.
Note:
question.
This appears to be more of a Remedial Law than an Ethics
XI
In a case before him, it was the son of Municipal Trial Court Judge
X who appeared as counsel for the plaintiff. After the proceeding,
Judgment was rendered in favor of the plaintiff and against the
defendant. B. the defendant in the case, complained against Judge X
for not disqualifying himself in hearing and deciding the case. In his
defense. Judge X alleged that he did not disqualify himself in the case
because the defendant never sought his disqualification.
Is Judge X liable for misconduct in office? (5%)
SUGGESTED ANSWER:
Judge X is liable for misconduct in office. Rule 3.12 of the Code of
Judicial Conduct provides that a judge should take no part in a
proceeding where his impartiality might reasonably be questioned. In
fact, it is mandatory for him to inhibit or disqualify himself if he is
related by consanguinity or affinity to a party litigant within the sixth
degree or to counsel within the fourth degree (Hurtado v. Jurdalena, 84
SCRA 41). He need not wait for a motion of the parties in order to
disqualify himself.
XII
X, a Municipal Trial Court Judge, received the amount of One
Thousand (PI.000.00) Pesos in cash from accused charged with slight
physical injuries in his court, whereupon he was released from custody.
After dismissal of the case against him, the accused sought to
withdraw the amount he had deposited as bail. It was not at once
returned to the accused because according to the Judge, it was stolen

from the drawer of his table where he kept it after receipt.
Nonetheless, the amount was returned to the accused.
Is the Judge guilty of misconduct for which he may be disciplined? (5%)
SUGGESTED ANSWER:
Yes, the judge is guilty of misconduct and may be disciplined. He was
negligent in keeping the money in his drawer instead of depositing it
with the municipal treasurer as required by law. His failure to return it
at once after the acquittal of the accused creates a suspicion that he
misappropriated the money. A judge should avoid impropriety and the
appearance of impropriety in all his activities (Canon 2, Code of Judicial
Conduct).
ALTERNATIVE ANSWER:
No. While it is the obligation of Judge X to turn over the cash
bond to the Municipal Treasurer, there is no showing in the factual
setting that he was moved by bad faith, dishonesty, hatred, or similar
motive when he kept the cash bond inside his drawer. Thus, he should
not be administratively charged for mere error in judgment, in the
absence of bad faith, malice or corrupt purpose (Guerrero v. Hon.
Villamor, A.M. No. RTJ-90-483 and Carlos v. Hon. Villamor, A.M. No. RTJ90-617, September 25, 1998)
XIII
Judge A went to Hong Kong on vacation on board a Philippine
Airlines plane and they (sic) stayed in a first class hotel for three days
and three nights. The round trip ticket Manila-Hongkong-Manila and
board and lodging in the hotel where he stayed were paid for as a
birthday gift to the Judge by a friend whose son has a case for estafa
pending in another Branch of the Court where Judge A is assigned.
Did Judge A commit any infraction of the Code of Judicial Conduct
under the circumstances? (5%)
SUGGESTED ANSWER:
Yes. He violated Canon 5, Rule 5.04 of the Code of Judicial
Conduct which provides that a judge or any immediate member of the
family shall not accept a gift, bequest, favor or loan from anyone
except as may be allowed by law. Also, Canon 2 of the same Code
provides that a judge should avoid impropriety and the appearance of
impropriety in all activities. Accepting a birthday gift of a vacation in

Hong Kong from a friend whose son has a case for estafa pending in
another branch of the Court where Judge A is assigned raises a
suspicion of impropriety on his part. The fact that the case is pending
in another branch is immaterial because he could be suspected of
having been bribed to influence the presiding judge of the other
branch. A judge shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or
administrative agency (Rule 2.04, Code of Judicial Conduct).
XIV
Justice AR of the Sandiganbayan was named executor of the Will
of his good friend BT whose estate is valued approximately at Two
Billion (P2,000,000,000.00) Pesos.
Upon BT's death, may Justice AR accept the trust and serve as
executor of BT's Will while still in office ? (5%)
SUGGESTED ANSWER:
No, he may not. Rule 5.06 of the Code of Judicial Conduct
provides that a judge shall 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.
XV
C.D. borrowed Twenty Thousand (P20.000.00) Pesos from E.P. To
guarantee payment of his obligation on or before December 10. 1999.
C.D. agreed to constitute a chattel mortgage on his car, a Toyota
Corolla Model 1990. Prepare the Deed of Chattel Mortgage (Omit
Acknowledgment and affidavit of good faith). (5%)
SUGGESTED ANSWER:
This MORTGAGE, made and entered into this 26th day of
September 1999 in the City of Manila, by and between C.D., (the
Mortgagor) of legal age, single and residing at No. 1, X Street, Manila

and E.P. (the Mortgagee) likewise of legal age, single and residing at
No. 2, Y Street, Manila, witnesseth:
1.
That the Mortgagor hereby conveys by way of mortgage to
the Mortgagee all his rights, title and interest in that personal property
which is a car, a Toyota Corolla Model 1990, which is exclusively owned
by the Mortgagor and in his possession;
2.
That this mortgage is given as security for the payment to
the Mortgagee on or before December 10, 1999 by the Mortgagor of
his loan to the Mortgagee in the amount of Twenty Thousand Pesos
(P20,000.00);
3.
That the conditions of this obligation are such that if the
Mortgagor, his heirs, administrators, executors and assigns shall pay
the aforesaid loan to the Mortgagee, then this obligation shall be null
and void; otherwise, it shall remain in full force and effect.
Executed and signed on the date and place first above written.
C.D.
Mortgagor
E.P.
Mortgagee
WITNESSES:
XVI
In the February 15, 1999 issue of the Manila News, a daily
newspaper published in Manila, the following was published:
Congressmans querida caught peddling shabu." She was identified as
one who lives at 156 Rizal Avenue in Manila. It turned out that the
woman referred to as CD residing at said address was really a
congressmans girlfriend. However, it was not really CD who was
caught peddling shabu but another who looked like her. CD brought a
Complaint in the Office of the City Prosecutor of Manila against the
editor and publisher of the Manila News. The Prosecutor found there
was a case against the editor and publisher of the newspaper. Prepare
the Information. (5%)
SUGGESTED ANSWER:
Branch
Manila
People of the Philippines,
Plaintiff.
-versusMr. Editor and Mr. Publisher,
Accused,
x------------------------------------x
INFORMATION
The undersigned Public Prosecutor accuses Mr. Editor and Mr.
Publisher of the crime of LIBEL defined under Article 353 of the Revised
Penal Code and penalized under Article 355 of the same Code,
committed as follows:
That on or about February 15, 1999 in the City of Manila and
within the jurisdiction of this Honorable Court, the said accused Mr.
Editor and the accused Mr. Publisher, the editor and publisher,
respectively, of the Manila News, a daily newspaper published in
Manila, caused to be publicly and maliciously published in the February
15, 1999 issue of the Manila News, Congressmans querida caught
peddling shabu" identifying said querida as the one who lives at 156
Rizal Avenue. That the said aforesaid publication publicly and
maliciously imputed upon the private complainant CD, a
congressmans girlfriend who is living at 156 Rizal Avenue, the crime of
peddling shabu, when in truth and in fact CD was never caught
peddling shabu, which publication tended to cause dishonor, discredit
or contempt upon CD.
Contrary to law.
Manila, Philippines September 27, 1999
(Sgd.) Public Prosecutor
WITNESSES: Mr. A and Mr. B.
Bail recommended: P25.000.00
CERTIFICATION
This is to certify that a preliminary investigation has been
conducted in accordance with law, that the complainant and her
witnesses have been examined and that on the basis of the sworn
statements and other evidence submitted, there is reasonable ground
to believe that the crime has been committed and the accused are
probably guilty thereof, that the accused were informed of the
complaint and the evidence submitted against them, and that they
were given an opportunity to submit controverting evidence.
(Sgd.) Public Prosecutor

I
Boy, armed with a knife had sex with Nella, a sixteen- year-old
lass, through force and intimidation on May 1, 1998 in Bauan,
Batangas. May the Provincial Prosecutor of Batangas file an information
for rape against Boy instead of a criminal complaint to be signed by
Nelia?
If so, prepare the information complete with caption.
If not, prepare the criminal complaint likewise with complete
caption to be signed by Nelia. In both cases, exclude the certification.
[10%1
Answer:
R.A. No. 8353, which reclassified rape as a crime against
persons, became effective on October 22, 1997. Hence, the Provincial
Fiscal may file an information for rape against Boy.
FOURTH JUDICIAL REGION
BATANGAS CITY
BRANCH________
Plaintiff,
- versus -
CRTM. CASE No.

FOR: RAPE
BOY,
Accused.
x-----------------------------------x
INFORMATION
The undersigned Provincial Prosecutor hereby accuses the above

named accused of the crime of rape under Article 265-A par. 1 of the
Revised Penal Code, as amended by Republic Act No. 8353, committed
as follows:
"That on or about May 1, 1998 In the municipality of Bauan,
province of Batangas, and within the jurisdiction of this Honorable
Court, the above named accused did then and there, willfully,
unlawfully and maliciously, through force and intimidation with a knife,
have sexual congress with the offended party Nelia, a minor 16 years
of age, succeeding in penetrating her genital organ, thereby causing
her actual and moral damages in the amount of at least PICK),000.00.
CONTRARY TO LAW.
(Sgd.)
Provincial
Prosecutor
II
Explain the meaning of - (1) Counsel de ojlcio; (2) Amicus curiae;
and (3) Attorney's lien. [5%]
Answer:
(1)
Counsel de Officio - a lawyer appointed by the court to
defend an indigent defendant in a criminal action.
(2)
Amicus curiae - literally, a friend of the court; an
experienced and impartial attorney who is invited by the court to give
an opinion in the disposition of novel and/or difficult issues before it.
(3)
Attorney's lien - a lien created by law to insure payment of
a lawyer's professional fees and reimbursement of his lawful
disbursements. Section 37 of Rule 138 provides for two kinds of
attorney's lien, a retaining lien which gives the lawyer the right to
retain the client's money, property and documents which have legally
come into his possession until he is paid all his fees and advances for
all his services to the client, and a charging lien which gives the lawyer
the right to charge a judgment for money and its execution with his
fees for services rendered in the case.
III
Judge C was appointed MTC Judge in 1993. Subse-quently. the

Judicial and Bar Council received information that previously he had
been dismissed as Assistant City Prosecutor of Manila.. It appeared that
when he applied for appointment to the Judiciary, his answer to the
question in the personal Data Sheet - Have you ever been retired,
dismissed or forced to resign from any employment?" was - Optional
under Republic Act No. 1145. The truth is, he was dismissed for gross
misconduct as Assistant City prosecutor.
May he be dismissed as Judge? [5%]
Answer:
Yes. "By his concealment of his previous dismissal from the
public service, which the Judicial and Bar Council would have taken into
consideration in acting on his application for appointment as a judge,
he (the judge) committed an act of dishonesty that rendered him unfit
to be appointed, and to remain, in the Judiciary he has tarnished with
his falsehood." (Re: Inquiry on the Appointment of Judge Enrique A.
Cube, 227 SCRA 193; Jose Estacion, 181 SCRA 33, Estanislao Belan,
August 6, 1998).
IV
What is your understanding of forum-shopping? What are the
possible consequences? [5%]
Answer:
Forum-shopping is the improper practice of filing several actions
or petitions in the same or different tribunals arising from the same
cause and seeking subtantially identical reliefs in the hope of winning
in one of them.
The possible consequences of forum-shopping are:
(1)
Summary dismissal of the multiple petition or complaint.
(2)
Penalty for direct contempt of court on the party and his

lawyer.
(3)
Criminal action for a false certification of non- forum

shopping.
(4)
Disciplinary proceeding for the lawyer concerned. (Sec. 5,

Rule 7. 1997 Rules of Civil Procedure)
V
When Atty. Aldrin received copy of the decision of the Court of
Appeals, he filed a motion for reconsideration using intemperate and
disrespectful language with a subtle threat that knowingly rendering
an unjust judgment is punishable under the Revised Penal Code."
The Court of Appeals ordered him to explain why he should not
be cited in contempt of court. Instead of complying, he submitted to
the Court of Appeals his Petition to Retire from the practice of law
which he immediately filed with the Supreme Court after receiving the
citation for contempt. May he be allowed to retire from the practice of
law? [5%J
Answer:
No. A practicing lawyer and officer of the court facing contempt
proceedings cannot just be allowed to voluntarily retire from the
practice of law which would negate the inherent power of the court to
punish him for contempt** (Montecillo v. Gica, 60 SCRA 234).
VI
Nene approached Atty. Nilo and asked him if it was alright to buy
a piece of land which Maneng was selling. What was shown by Maneng
to Nene was an Original Certificate of Title with many annotations and
old patches, to which Nene expressed suspicion. However, Atty. Nilo,
desirous of pushing through with the transaction because of the high
notarial fee promised to him, told Nene that the title was alright and
that she should not worry since he is an attorney and that he knew
Maneng well. He notarized the Deed of Sale and Nene paid Maneng P
108,000.00. It turned out that Maneng had previously sold the same
property to another person.
For the injustice done to Nene, may Atty. Nilo be disciplined?

(5%)
Answer:
Yes. Atty. Nilo is guilty of gross negligence in protecting the
interests of his client. A lawyer shall not neglect a legal matter
entrusted to him and his negligence in connection therewith shall
render him liable (Rule 18.03, Code of Professional Responsibility).
Worse, he was negligent because he placed his own interest in
receiving a high notarial fee over and above the Interest of his client. In
the case of Na.da.yag v. Grageda, 237 SCRA 202, which involves
similar facts, the Supreme Court held that the lawyer "should have
been conscientious in seeing to it that justice permeated every aspect
of a transaction for which his services had been engaged, in conformity
with the avowed duties of a worthy member of the Bar."
VII
A lawyer advertised in (he newspaper the following:
Can secure annulment of your marriage promptly. Expert in legal
separation cases. Consult anytime."
Is the advertisement proper? (5%)
Answer:
No. A lawyer in making known his legal services should not use
any false, fraudulent, misleading, deceptive, undignified or selflaudatory statements regarding his qualification on legal services (Rule
3.01, Code of Professional Responsibility, In re Tagorda, 53 Phil. 37).
The claim that he can secure annulment of marriage promptly is false
and misleading and his claim that he is an expert in legal separation is
self-laudatory. The advertisement constitutes improper solicitation and
violates the sanctity of the institution of marriage which the State
should protect (Ulep v. Legal Clinic, Inc., 221 SCRA 378).
VIII
State the rule on (a) the right of the client to dismiss his lawyer
and (b) the prerogative of a lawyer to withdraw as counsel. [5%)
Answer:
(a) A client has the sight to dismiss his lawyer at any time,
with or without just cause. The existence or non-existence of Just cause
is material only for deter-mining the right of the lawyer to
compensation for services rendered. The client's right to terminate the
lawyer's services springs from the strictly personal and highly
confidential nature of the relationship between the lawyer and the
client. Once the client loses confidence in his lawyer, he has the right
to dismiss him.
(b) On the other hand, the lawyer does not have an
unqualified right to withdraw as counsel. As an officer of the court, he
may not withdraw or be permitted to withdraw as counsel if such
withdrawal will work Injustice to a client or frustrate the ends of justice.
A lawyer may withdraw at any time with his client's written consent.
Without such consent, he may withdraw his services only for good
cause and upon notice appropriate In the circumstances (Caon 22,
Code of Professional Responsibility).
IX
Prepare a Contract of Lease of an apartment unit, (10%) Answer;
CONTRACT OF LEASE
This contract of lease, entered Into by and between:
A.B., Filipino, of legal age, single, with residence at _______________
and hereafter
called the LESSOR
- andB.D.,
Filipino,
of
legal
age,
single,
with
residence
_________________and hereafter
called the LESSEE.
at
WITNESSETH:
THAT, for and in consideration of the rentals to be paid, the
LESSOR has hereby leased to the LESSEE and the LESSEE hereby
accepts the same In lease, the * following described property:
(description of apartment)
subject to the following terms and conditions:
1.
Period of the Lease-
2.
Rentals to be Paid
3.
(Other terms and conditions)
IN WITNESS WHEREOF, the parties hereto have signed these presents,

at __________________, this
_________________day of _____________,
1998.
A.B.
Lessor
C.D.
Lessee
WITNESSES
(acknowledgment)
X
When Dennis was arraigned in a case for Homicide, he was asked
by the Judge if he had a lawyer to which he answered In the negative.
The Court then appointed Atty. Go as his counsel de oficio despite his
insistence on the appointment of Atty. Salvador Laurel, the former VicePresident, as his counsel.
After conviction, he appealed claiming that he was denied his
constitutional right to counsel. Is Dermis correct? [5%]
Answer:
No, he was not denied his constitutional right to counsel. The
right of the accused to counsel does not entitle him to select his own
lawyer. The constitutional right is satisfied by the designation of
counsel de officio by the court as long as the lawyer is a member of the
bar (17.S. u. Laranja, 21 Phil. 300).
XI
A mayor charged with Homicide engaged your services as his

lawyer. Since there is only one witness to the incident, the mayor
disclosed to you his plan to kill the lone witness through a contrived
vehicular accident.
1.
What are the moral and legal obligations to the mayor, and
to the authorities? [3%]
2.
Should the killing push through and are you certain that
the mayor is the one responsible, are you under obligation to disclose
to the authorities what was confided to you? Is this not a privileged
communication between client and attorney? 12%)
Answer:
1.
It is the duty of an attorney to divulge the communication
of his client as to his announced intention to commit a crime to the
proper authorities to prevent the act or to protect the person against
whom it is threatened.
2.
Public policy and the lawyer's duty to counsel obedience to
the law forbid that an attorney should assist in the commission of a
crime or permit the relation of attorney and client to conceal a
wrongdoing. He owes it to himself and to the public to use his best
efforts to restrain his client from doing any unlawful act and if,
notwithstanding his advise, his client proceeds to execute the illegal
deed, he may disclose it or be examined as to any communication
relating thereto. There is privileged communication only as to crimes
already committed before its communication to the lawyer.
XII
A judge, in order to ease his clogged docket, would exert efforts
to compel the accused in criminal cases to plead guilty to a lesser
offense and advise party litigants in civil cases, whose positions appear
weak, to accept the compromise offered by the opposing party.
Is the practice legally acceptable? |5%)
Answer:
The practice is legally acceptable as long as the judge does not
exert pressure on the parties and takes care that he does not appear to
have prejudged the case. Where a judge has told a party that his case
is weak before the latter was fully heard, such was considered as a
ground for his disqualification (Castillo v. Juan, 62 SC 124).
XIII
Atty. Asilo, a lawyer and a notary public, notarized a document
already prepared by spouses Roger and Luisa when they approached
him. It is stated in the document to Roger and Luisa formally agreed to
live separately from each other and either one can have a live-in
partner with full consent of the other.
What is the liability of Atty. Asilo, if any? [5%]
Answer:
Atty. Asilo may be held administratively liable for violating Rule
1.02 of the Code of Professional Responsibility - a lawyer shall not
counsel or abet activities aimed defiance of the law or at lessening
confidence in the leg system. An agreement between two spouses to
live separately from each other and either one could have a live-in
partner with full consent of the other, is contrary to law and morals.
The ratification by a notary public who is a lawyer of su illegal or
immoral contract or document constitutes m practice or gross
misconduct in office. He should at lea refrain from its consummation.
(In re Santiago, 70 Phil. 661 Panganiban v. Borromeo, 58 Phil. 367, In re
Bucana, 72 S 14).
XIV
What is your understanding of quanlum meruit as attorney's
fees? [5%)
Answer:
Quantum meruit literally means as much as he deserves. It is a
measure for the lawyer's fees in absence of a contract, or when the
fees stipulated in a contract are found unconscionable, or when the
lawyer's services are terminated for cause. The lawyer is entitled to
receive what he merits for his services, as much as he has earned. The
factors to be taken into consideration are enumerated in Rule 22 of the
Code of Professional Responsibility.
XV
For his failure to appear for trial despite notice. Atty. Umali was
summarily pronounced guilty of direct contempt and was fined
P10.000.00 by the Judge.
Is the Judge correct? (5%)
Answer:
The judge is not correct. A lawyer who fails to appear for trial is
only liable for indirect contempt, which cannot be punished summarily.
(People v. Torio, 118 SCRA 14; Atty. Himiniano D. Silva v. Judge German
G. Lee, 169 SCRA 512).
XVI
Ben filed proceedings for disbarment against his lawyer, Atty. Co,
following the latters conviction for estafa for misappropriating funds
belonging to his client (Ben). While the proceedings for disbarment was
pending, the President granted absolute pardon in favor of Atty. Co.
Atty. Co. then, moved for the dismissal of the disbarment case.
Should the motion be granted? (5%)
Answer:
An absolute pardon by the President is one that operates to wipe
out the conviction as well as the offense itself. The grant thereof to a
lawyer is a bar to a proceeding for disbarment against him, if such
proceeding is based solely on the fact of such conviction (In re
Parcasion, 69 SCRA 336). But where the proceeding to disbar is
founded on the professional misconduct involved in the transaction
which culminated in his conviction, the effect of the pardon is only to
relieve him of the penal consequences of his act and does not operate
as a bar to the disbarment proceeding, inasmuch as the criminal acts
may nevertheless constitute proof that the attorney does not possess
good moral character (In re Lontoc, 43 Phil. 293).
XVII
Discuss the propriety of a lawyer filing a suit against his client
concerning his fees. (5%]
Answer:
that a lawyer shall avoid controversies with his clients concerning his
compensation and shall resort to judicial action only to prevent
imposition, injustice or fraud. The legal profession is not a moneymaking trade but a form of public service. Lawyers should avoid giving
the impression that they are mercenary (Perez v. Scottish Union and
National Insurance Co., 76 Phil. 325). It might even turn out to be
unproductive for him for potential clients are likely to avoid a lawyer
with a reputation of suing his clients.
XVIII
Judge Silva upon seeing a reckless tricycle driver almost hitting a
boy by the side of the road, gave chase and stopped the tricycle. Judge
Silva then confiscated the driver's license and told him to get it from
his office. Was the conduct of Judge Silva proper? [5%)
Answer:
The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411
[1074), where the Supreme Court held:
While respondent might have been motivated by a spirit of
civicism in cooperating with the city authorities in the enforcement of
traffic laws, it is obvious that the investigation of violations of traffic
rules and regulations, the arrest of errant motor vehicle drivers and the
confiscation of their licenses are essentially police functions which are
specifically vested by law upon law enforcement officers of the
government. Respondent as Judge of the City Court will necessarily
hear and decide all cases filed in his court regarding such violations
and infractions of the Motor Vehicle Law or traffic regulations by the
law enforcement officers. It is patent, therefore, that re-spondent
should not have taken upon himself the responsibility of confiscating
the license of the motorcab driver but he should have referred the
matter to the police. We deem it relevant to emphasize that the official
conduct of a judge should be free from impropriety or any appearance
thereof. His personal behavior in the performance of his official duties
and In his everyday life should be beyond reproach. By confiscating the
driver's license without issuing any Traffic Violation Report (TVR) and
losing the same while in his possession, respondent Judge has acted in
a manner unbefitting his high judicial office.
-end-

Question No. 1:
Atty. A has plans to join the Judiciary. He has been a lawyer for
about twenty years now. He has been an esteemed member of the
Integrated Bar of the Philippines, a legal consultant to a number of
business entities, and an "of counsel" of a medium-size law firm.
Strangely enough, however, he has yet to see a court room. Never,
during his 20-year stint as a lawyer, has he had the opportunity to
conduct any actual trial or litigation work. Does he possess the
necessary qualifications for a Regional Trial Court Judge?
Answer:
The qualifications for a Regional Trial Court judge are (a) natural
born citizen of the Philippines, (b) at least 35 years of age. and (c) for
at least ten years, has engaged in the practice of law in the Philippines
or has held public office in the Philippines requiring admission to the
practice of law as an indispensable requisite (Sec. 15, B.P. 129). In
Cayetano v. Monsod 201 SCRA 210, the Supreme Court defined
"practice of law" as "any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and
experience." Under the said definition, Atty. A is qualified to be
appointed as a member of the judiciary, assuming that he has the
other qualifications for the particular position. But he may not be
suitable.
Question No. 2:
Atty. B, C, and D recently inaugurated their law partnership.
Among the invited guests were clients, business executives and
government officials, including a few members of the judiciary.
Photographs were taken during the inaugural affair which the law firm
subsequently caused to be published in major newspaper dailies. Was
there anything ethically wrong in what the partnership had done?
Answer:
The act of causing photographs of the inaugural affair published
in major newspaper dailies violates the following rules of the Code of
Professional Responsibility:
Rule 2.03. A lawyer shall not do or permit to be done any act

designed primarily to solicit legal business.
Rule 3.01. A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive. UNDIGNIFIED, SELF-LAUDATORY or
unfair statement of claim regarding his qualifications or legal services.
Canon 13. A lawyer shall rely on the merits of his cause and
refrain from any impropriety which tends to influence or gives the
appearance of influencing the court.
Question No. 3:
Atty. E has a daily 10-minule radio program billed as a "Court of
Common Troubles." The program is advertised by the radio station as a
public service feature for those who seek but cannot afford to pay for
legal advice. Its sponsors include a food processing company and a
detergent manufacturing firm which share with the radio station the
monthly remuneration of Atty. E. Is there any impropriety in Atty. E's
role under the above arrangement?
Answer:
Giving of advice on legal matters through the medium of a
newspaper column or radio or television broadcast is improper. It would
involve indirect advertising and violation of the confidential relation
between lawyer and client. (Agpalo, Legal Ethics. 1992 ed. p. 82)
Question No. 4:
Explain your understanding of "Conflict of Interest" under the
Code of Professional Responsibility.
Answer:
A lawyer is prohibited from representing conflicting interests.
There is conflict of interests within the context of the rule when, on
behalf of one client, it is the lawyer's duty to contend for that which his
duty to another client requires him to oppose. Another test is whether
the acceptance of a new lawyer-client relation will prevent a lawyer
from dis-charging fully his duty of undivided fidelity and loyalty to

another client or invite suspicion of unfaithfulness or double-dealing in
the performance thereof.
It is improper for a lawyer to appear as counsel for one party
against his present client even in a totally unrelated case. With regard
to a former client, the traditional rule is to distinguish between related
and unrelated cases. A lawyer may not represent a subsequent client
against a former client in a controversy that is related, directly or
indirectly, to the subject matter of the previous litigation in which he
appeared for the former client, otherwise, he may. However, in the
case of Rosacia vs. Atty. B. Bulalacao, 248 SCRA 665, the Supreme
Court ruled that a lawyer may not accept a case against a former
client, even on an unrelated matter.
The Court reiterates that an attorney
owes loyalty to his client not only in the case in
which he has represented* him but also after
the relation of attorney and client has
terminated as it is not good practice to permit
him afterwards to defend in another case other
person against his former client under the
pretext that the case is distinct from, and
independent of the other case. It behooves
respondent not only to keep inviolate the
client's confidence but also to avoid the
appearance of treachery and double-dealing
for only then can litigants be encourage to
entrust their secrets to their attorneys which is
of paramount importance in the administration
of justice."
Question No. 5:
Mrs. F. a young matron, was referred to you for legal advice by
your good friend in connection with the matron's jewelry business. She
related to you the facts regarding a sale on consignment of pieces of
Jewelry to someone she did not name or identify. Since she was
referred to you by a close friend, you did not bill her for the
consultation. Neither did she offer to compensate you. Six months
later, Mrs. G, the wife of the general manager of a client company of
your law firm, asked you to defend her in a criminal case for estafa
filed by Mrs. F. Would you agree to handle her case?
Answer:
First. I will inquire if the case for estafa filed by Mrs. F against the
wife of the general manager, is the same matter concerning which Mrs.
F consulted me six months before. If it is the same matter. I will not be
able to handle the case for the general manager's wife, because of a
conflict of interest. When Mrs. F consulted me and I gave her
professional advice, a lawyer-client relationship was created between
us. regardless of that fact that I was not compensated for it. It would
involve a conflict of interest if I will handle the case for the opposite
party on the same matter (HUado v. David, 84 Phil. 571).
Alternative Answer:
The lawyer may also inform the parties about a possible conflict
of interest, and if they do not object, it will not be improper for him to
accept.
Question No. 6:
You are the lawyer of Mr. "H", the plaintiff, in a civil case for
rescission of contract. The prospects for an amicable settlement look
bright. Impressed by your ability, Mr. "I", the defendant, would like very
much to retain you as his defense counsel in a criminal case for
homicide through reckless imprudence. Mr. "I" wants you to forthwith
enter your appearance, the arraignment already having been
scheduled. Would you accept the offer?
Answer:
It depends. If the criminal case for homicide through reckless
imprudence is against Mr. "H", I cannot accept the same for that will
involve a conflict of interest, although it is an unrelated case. But if it
will not involve Mr. "H". I can accept the same. However, to avoid
suspicion and misunderstanding. it would be better if I inform Mr. H"
about the offer and secure his conformity to my handling the same.
Question No. 7:
When is public comment and criticism of a court decision
permissible and when would it be improper?
Answer:
A lawyer, like every citizen, enjoys the right to comment on and
criticize the decision of a court. As an officer of the court, a lawyer is
expected not only to exercise that right but also to consider it his duty
to expose the shortcomings and indiscretions of courts and judges. But
such right is subject to the limitations that it shall be bona Jide. It is
proper to criticize the courts and Judges, but it is improper to subject
them to abuse and slander, degrade them or destroy public confidence
in them. Moreover, "a lawyer shall not attribute to a Judge motives not
supported by the record or have no materiality in the case" (Rule
11.04, Code of Professional Responsibility).
Question No. 8:
J sustained serious physical injuries due to a motor vehicle
collision between the car she was driving and a public utility bus,
requiring her confinement for 30 days at the Makati Medical Center.
After her release from the hospital, she filed a criminal complaint
against the bus driver for serious physical injuries through reckless
imprudence before the Makati Prosecutors Office. She also filed a civil
complaint before the Paranaque Regional Trial Court against the bus
operator and driver for compensatory, moral, exemplary and other
damages. Aside from the two complaints, she additionally filed an
administrative complaint against the bus operator with the Land
Transportation Franchising and Regulatory Board for cancellation or
suspension of the operators franchise. Would you say that she and her
lawyer were guilty of forum-shopping?
Answer:
No. There is no forum-shopping in the simultaneous filing of a
criminal case and a civil case in this instance. Article 33 of the Civil
Code allows the filing by an injured party of a civil action for damages
entirely separate and distinct from the criminal action in cases of
defamation, fraud, and physical injuries. There is also no forumshopping involved in filing an administrative complaint against the
bus* operator with the Land Transportation Franchising and^
Regulatory Board. It is for a different cause of action, the cancellation
or suspension of the operator's franchise.
Question No. 9:
You are the counsel of K in his action for specific performance
against DEV. Inc.. a subdivision developer which is represented by Atty.
L. Your client believes that the president of DEV, Inc., would be willing
to consider an amicable settlement and your client urges you to
discuss the matter with DEV. Inc., without the presence of Atty. L whom
he considered to be an impediment to an early compromise. Would it

be all right for you to negotiate the terms of the compromise as so
suggested above by your client?
Answer:
No. Rule 8.02, Canon 8 of the Code of Professional Responsibility
provides that "a lawyer shall not. directly or indirectly, encroach upon
the professional employment of another lawyer." Canon 9 of the Code
of Professional Ethics is more particular. "A lawyer should not in any
way communicate upon the subject of the controversy with a party
represented by counsel, much less should he undertake to negotiate or
compromise the matter with him but should deal only with his
counsel." In the case of Likong vs. Liin, 235 SCRA 414, a lawyer was
suspended for negotiating a compromise agreement directly with the
adverse party without the presence and participation of her counsels.
Question No. 10:
M has a pending case for collection of a sum of money. He is not
satisfied with his lawyer N, who, almost always, goes to court evidently
unprepared. He wantsyou to promptly take over the case. You agree to
handle the case. What steps must you take to formalize the
engagement?
Answer:
I will ask M to first terminate or secure the withdrawal of N as his
counsel. If Ns services are terminated. I can subsequently enter my
appearance as the new counsel of M. If he agrees to withdraw
simultaneously with my appearance.
I will prepare a Substitution of Attorney to be filed in court,
containing the written conformities of M and N.
Question No. 11:
Cite at least five (5) valid reasons under any of which a lawyer
may be allowed to withdraw from a case even without her client's
consent.
Answer:
a)
When the client pursues an illegal or immoral course of
conduct in connection with the matters he (the lawyer) is handling.
b)
When the client insists that the lawyer pursue conduct
violative of these canons and rules.
c)
When his inability to work with co-counsel will not promote
the best interest of the client.
d)
When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment effectively.
e)
When the lawyer is elected or appointed to a public office.
f)
Other similar case. (Rule 22.01. Code of Professional
Responsibility).
Question No. 12:

You are the managing partner of a law firm. A new foreign airline
company, recently granted rights by the Civil Aeronautics Board at the
NAIA, is scouting for a law firm which could handle its cases in the
Philippines and provide legal services to the company and its
personnel. After discussing with you the extent of the legal services
your law firm is prepared to render, the general manager gives you a
letter-proposal from another law firm in which its time-billing rates and
professional fees for various legal services are indicated. You are asked
to submit a similar letter-proposal stating your firm's proposed fees.
The airline company's general manager also tells you that, if your
proposed fees would at least be 25 per cent lower than those proposed
by the .other firm, you will get the company's legal business. How
would you react to the suggestion?
Answer:
I will emphasize to the General Manager that the practice of law
is a profession and not a trade. Consequently, I will not propose a lower
fee just for the sake of competing with another firm. Because such
practice smacks of commercialism. Moreover, Rule 2. 04 of the Code of
Professional Responsibility provides that a lawyer shall not charge rates
lower than those customarily prescribed unless the circumstances so
warrant. I will charge fees that will be reasonable under the

circumstances.
Question No. 13:
Under the Code of Professional Responsibility, a lawyer owes
fidelity to the cause of his client and shall represent his client with zeal
in the maintenance and defense of his rights. How far, in general
terms, may a lawyer go in advocating, supporting and defending his
clients rights and interests?
Answer:
Rule 19.01 of Code of Professional Responsibility pro-vides that a
lawyer shall employ only fair and honest means to obtain the lawful
objectives of his client. In championing the cause of his client a lawyer
should employ only such means as are consistent with truth and honor.
He should not go beyond the bounds of the law or the ethics of his
profession.
Question No. 14:
A real estate company, elated over the decision in a case
regarding a dispute over a personal matter between its top sales
representative and his neighbor, gifted Atty. O, who represented its
sales representative in the litigation, with a 240-square-meter lot in its
newly developed subdivision. The case handled by Atty. O had nothing
to do with the sales representative in the litigation, with a 240 squaremeter lot in its newly developed subdivision. The case handled by Atty.
O had nothing to do with the sales representative's work for the real
estate company. The latter's offer of the lot, which Atty. O accepted,
was in consideration of its sales representatives being the firm's
Number One salesman. Was there a breach of the Code of Professional
Responsibility by Atty. O when he accepts the 240 square-meter lot?
Answer:
that a lawyer shall not, without the full knowledge and consent of the
client, accept any fee, reward, costs, commission, interests, rebate of
forwarding allowance or other compensation whatsoever related to his
professional employment from anyone other than the client.
"(There should be no room for suspicion on the part of the client

that his lawyer is receiving compensation in connection with the case
from third persons with hostile interests" (Report of IBP Committee, p.
112). Even if the secret compensation comes from a friendly person, if
the act is discovered, it is bound to create dissension in the clientlawyer relationship. Worse, the lawyer will be able to enrich himself by
receiving more than what is due him as attorneys fees. (Pineda. Legal
& Judicial Ethics. 1995 ed. p. 243)
Alternative Answer:
The gift of the real estate company does not come from the
adverse party, hence, there is no violation of the lawyer is duty of
loyalty to his clients. The property given was not his client's property
involved in the litigation. Hence, it does not violate Article 1491 of the
Civil Code. The lawyer's acceptance of the gift is proper. However, it
would be better if he informs his client.
Question No. 15:
As the guest speaker in a Rotary Club weekly luncheon meeting,
Judge P was asked during the open forum what might his personal
opinion be on PIRMA's move to initiate a people's initiative to amend
the Constitution. He expressed the view that PIRMA's crusade should
be allowed because it would be in consonance with the declaration in
the Constitution that "sovereignty resides in the people and all
government authority emanates from them." He likewise enjoined the
members to support PIRMA. An administrative complaint was filed
against him by a club member, a staunch oppositor to the PIRMA
petition before the COMELEC, alleging that the judge's public
statement had constituted conduct unbecoming a judge. Judge P's
answer to the complaint was that membership in the judiciary did not
deprive him of his right to free speech, that he was entitled to express
his view even on political issues, and that any issue requiring
resolution on the PIRMA petition was outside the Jurisdiction of
Regional Trial Courts. Was there a breach of the Code of Judicial
conduct by Judge P?
Answer:
Yes, there is a breach. Rule 5.10 of the Code of Judicial Conduct
provides that a judge is entitled to entertain personal views on political
questions. But to avoid suspicion of political partisanship, a judge shall
not make political speeches, contribute to party funds, publicly endorse
candidates for political office or participate in other partisan political
activities. Since judge P considered the PIRMA petition to be a political

issue, he should have refrained from making his speech and enjoining
his listeners to support PIRMA because he might be suspected in
engaging in a partisan political activity.
Alternative Answers:
1.
Yes, there is a breach. The judge's view that PIRMA should
be allowed and that his audience should support it, may be
misunderstood as encouraging a defiance of the Supreme Court which
has already ruled that there is no law implementing the constitutional
provision for the exercise of the People's Initiative in amending the
Constitution.
2.
No, there is no breach. Espousing the PIRMA is not
engaging in a partisan political activity.
Question No. 16:
RTC Judge Q is a deacon in the Iglesia ni Kristo church in San
Francisco del Monte. Quezon City. R. a member of the same religious
sect belonging to the same INK community in San Francisco del Monte,
filed a case against S who belongs to the El Shaddai charismatic group.
The case was raffled to Judge Q's sala. The lawyer of S filed a motion to
disqualify Judge Q on the ground that since he and the plaintiff
belonged to the same religious sect and community in San Francisco
del Monte, Judge Q would not possess the cold neutrality of an
impartial judge. Judge Q denied the motion on the ground that the,
reason invoked for his disqualification was not among the grounds for
disqualification under the Rules of Court and the Code of Judicial
Conduct. Was Judge Qis denial of the motion for inhibition well
founded?
Answer:
The fact that Judge Q and Litigant R both belong to the Iglesia Ni
Kristo while Litigant S belongs to the El Shaddai group, is not a
mandatory ground for disqualifying Judge Q from presiding over the
case. The motion for his inhibition is addressed to his sound discretion
and he should exercise the same in a way the people's faith in the
courts of justice is not impaired. He should reflect on the probability
that a losing party might nurture at the back of his mind the thought
that the Judge had unmeritoriously tilted the scales of Justice against
him {Dimacuha vs. Concepcion. 117 SCRA630). Under the
circumstances of this case, where the only ground given for his
disqualification is that he and one of the litigants are members of the

same religious community, I believe that his denial of the motion for
his disqualification is proper. In Vda. de Ignacio vs. BLTBus Co., 34
SCRA 618, the Supreme Court held that the fact that one of the
counsels in a case was a classmate of the trial judge is not a legal
ground for the disqualification of the judge.
Question No. 17:

A presidential aspirant was the guest of honor at a testimonial
dinner for the officers and new members of a provincial chapter of the
IBP. In his speech, the presidential aspirant announced that the IBP
would play a major role in his administration. The officers of the
chapter, after the speech, declared their unqualified support for the
"presidentiable's" candidacy and enjoined all members to do likewise.
Comment on this announcement of support of the IBP chapter.
Answer:
The announcement of support of the IBP Chapter is not proper.
The Integrated Bar of the Philippines is strictly non-political. A
delegate, governor, officer or employee of the IBP or any chapter
thereof shall be considered ipso facto resigned from his position as of
the moment he files his certificate of candidacy for any elective public
office (Art. I. i Sec. 4, By Laws of the Integrated Bar of the Philippines).
The IBP chapter's announcement of support for a presidential aspirant
is engaging in a partisan political activity.
Question No. 18:
(a)
What are the requirements for eligibility to take the Bar
Examinations?
(b)
Prior to his admission to the freshman year in a reputable
law school. Bar examinee A was charged before the Municipal Trial
Court with damage to property through reckless imprudence for
accidentally sideswiping a parked passenger jeepney. The case was
amicably settled with A agreeing to pay the claim of the jeepney owner
for PI .000.00. In his application to take the 1997 Bar Examinations, A
did not disclose the above incident. Is he qualified to take the Bar
Examinations?
Answer:
(a)
The requirements
examinations area as follows:
for
eligibility
to
take
the
1.
The applicant must be a citizen of the Philippines.
2.
He must be a resident of the Philippines.
3.
He must be of good moral character.
bar
4.
No charge against him involving moral turpitude has
been filed or is pending in any court in the Philippines.
5.
He must have studied law for four years and has
successfully completed all prescribed courses in a law school or
university officially approved and recognized by the Secretary of
Education, Culture and Sports.
6.
Before he began the study of law, he had
satisfactorily completed in an authorized or recognized university or
college, requiring for ' admission thereto the completion of a four-year
high school 1 course, the course of study prescribed W a bachelor's
degree in arts or sciences with any of the following subjects as major
or field of concentration: Political Science. Logic. English, Spanish,
History and Economics. (Secs. 2, 5, and 6, Rule 138 of the Rules of
Court.)
(b)
provides that "a lawyer shall be answerable fox knowingly making a
false statement or suppressing a material fact in connection with his
application for admission to the bar". In the case of In Re Ramon
Galang, 66 SCRA 245, the respondent repeatedly omitted to make
mention of the fact that there was a pending criminal case for slight
physical injuries against him in all of his four (4) applications for
admission to take the bar examinations. He was found to have
fraudulently concealed and withheld such fact from the Supreme Court
and committed perjury. The Supreme Court cited the rule that "the
concealment of an attorney in his application to take the bar
examinations of the fact that he had been charged with, or Indicted for.
An alleged crime, is a ground for revocation of his license to practice
law."
A's failure to disclose that he had been charged with damage to
property through reckless imprudence in his application for admission
to the bar examinations disqualifies him. It does not matter that the
offense charged does not involve moral turpitude or has been amicably
settled. It is up to the Supreme Court to determine whether the offense
charged involved moral turpitude or not. What is important is that he

concealed such fact from the Supreme Court or even misrepresented
under oath that he had not been charged. This produces an
unfavorable impression on his moral character.
Alternative Answer:
A Is qualified to take the bar examinations. He may believe in
good faith that the crime for which he had been charged is not a crime
involving moral turpitude. Besides, it has already been terminated by
amicable settlement. The case of In Re Galang is not applicable
because in that case, the criminal charge was still pending when he
applied for admission, and he deliberately omitted mention of the
same in the four times he applied for admission. This is only the first
time that A has applied. However, A may be subjected j to lesser
administrative sanctions for not disclosing the incident.
Question No. 19:
Document a chattel mortgage covering a motor vehicle.
Answer:
CHATTEL MORTGAGE
That I, A, of legal age, married and resident of the City of Manila,
for and in consideration of the loan of FIFTY THOUSAND PESOS
(P50.000.00), Philippine Currency, granted to me by B. likewise of legal
age. married and resident of the City of Manila, to be paid one year
after date with 6% interest per annum from date hereof, have
transferred and conveyed by way of chattel mortgage unto said B, his
heirs, successors and assigns, free from all liens and encumbrances,
that certain motor vehicle at present in my possession in my
aforementioned address, more particularly described as follows:
(Description of motor vehicle)
of which I am the true and absolute owner by title thereto being
evidenced by Registration Certificate of Motor Vehicle issued in my
name by the Land Transportation Office, Quezon City on January 10,
1996.
full
This chattel mortgage has been executed in order to secure the

and faithful payment of the aforementioned obligation in
accordance with the terms and conditions of this instrument, then this
contract shall become null and void: otherwise, it shall continue to be
in full force and effect and may be foreclosed in accordance with law.
IN WITNESS WHEREOF, I have hereunto set my hand on this
instrument, in the City of Manila, this 28th day of September 1997.
A
Mortgagor
Signed In the presence of:
AFFIDAVIT OF GOOD FAITH

)
CITY OF MANILA
) s.s
We, severally swear that A, Mortgagor and B, Mortgagee have
executed the foregoing Chattel Mortgage Contract in order to guaranty
as good and valid obligations and the same is not intended for the
purpose of defrauding our creditors.
A
Mortgagor
B
Mortgagee
ACKNOWLEDGMENT
CITY OF MANILA
)
)
S.S.
BEFORE ME, A Notary Public in and for the City of Manila,

personally appeared A, Mortgagor, with Community Tax Certificate No.
12345 Issued in Manila on February 17. 1997 and B, mortgagee, with
Community Tax Certificate No. 56789 issued in Manila on March 10,
1997, all known to me to be the same persons who subscribed to the
truth of the foregoing affidavit of good faith and A acknowledged to me
further that he executed the foregoing Chattel Mortgage Contract as
his free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my notarial seal on this instrument in the City of Manila, Philippines,
this 28th day of September 1997.
NOTARY PUBLIC
My commission expires
on December 31, 1997
Doc. No.
Page No.
Book No.
Series of
1
2
3
1997.
Question No. 20:

Prepare a complaint for ejectment.
Answer:
Metropolitan Trial Court of Metro Manila
National Capital Region
Manila
A
Plaintiff,
-versusB
Defendant,
x-----------------------x
CIVIL CASE NO.G.R. NO. 1000

For Unlawful Detainer
COMPLAINT
Plaintiff, through counsel, alleges:.
1.
Plaintiff, is of legal age, resident of the City of Manila, that
Defendant is likewise of legal age, residing at No. 2 CDE apartment, F
St., Quezon City, and may be served of summons at said address;
2.
That plaintiff is the owner of an apartment building located
at F St. Manila, and described as follows:
"a ten-door apartment approximately 500 sq. meters, bounded
on the left by JKL Building and bounded on the right by MNO
Building."
3.
That on January 10, 1996, plaintiff entered into a contract
with defendant whereby the former leased to the latter the abovedescribed property for the period of one (1) year, starting on February
1, i 996, for the monthly rental ofP5,000.00;
4.
That by virtue of said contract, defendant took the
property in question on February 1, 1996, and he is still in possession
of the same up to the present time;
5.
That the period stipulated in the contract has already
expired but defendant refused and still refuses to vacate the property,
in spite of repeated demands to vacate, the last of which was served
on him on September 6, 1997.
6.
That as a consequence of defendants refusal to vacate
plaintiffs property, the latter has suffered, by way of damages; of at
least P35.000 pesos as unpaid rentals above all legal claims;
7.
That the plaintiff and the defendant do not live in the
same municipality, neither do the barangay in which they reside adjoin
one another, hence there is no need to refer the matter for barangay
conciliation.
WHEREFORE, plaintiff prays for judgment in his favor ordering
defendant to vacate the premises and to return the possession thereof
to plaintiff plus costs, and other remedies which are just and proper
under the premises.
Manila, Philippines. September 28, 1997.
OPQ
RST Bldg., Manila
PTR. No. 14345
IBP OR. NO. 0321
VERIFICATION
A, herein plaintiff, upon first being duly sworn in accordance with
law, hereby depose and say that he has caused the filing of the above
complaint and that the allegations therein are true and correct.
A
Plaintiff
Certification of No-Forum Shopping

Question No. 1:
1)
Define legal ethics
2)
What is the significance of lawyer's oath?
Answer:
1)
Legal Ethics is that branch of moral science which treats of
the duties which an attorney owes to the court, his client, to his
colleagues in the profession, and to the public.
2)
The significance of the oath is that it not only impresses
upon the attorney his responsibilities but it also stamps him as an
officer of the court with rights, powers and duties as important as
those of the judge themselves. The oath of a lawyer is a condensed
code of legal ethics. It is a source of his obligation and its violation is a
ground for his suspension, disbarment or other disciplinary action".
(Agpalo. Legal Ethics, 5th ed., p.59)
Question No. 2:
1)
The Code of Professional Responsibility is to lawyers, as
the Code of Judicial Conduct is to members of the bench.
How would you characterize the relationship between the Judge
and a lawyer? Explain.
2)
Generally, only those who are members of the bar can
appear in court.
Are there exceptions to this rule? Explain
3)
Should a lawyer accept a losing case: (a) in a criminal
case; (b) in a civil case. Explain.
Answer:
1)
The Code of Professional Responsibility requires lawyers to
observe and maintain respect for judicial officers (Cannon 11). On the
other hand, the Code of Judicial
Conduct requires judge to be patient, attentive and courteous to
lawyers (Rule 3.uoj. In a word, lawyers and judges owe each other
mutual respect and courtesy.
Alternative Answers:
a)
The relationship between a judge and a lawyer must be
based on independence and self-respect. He must neither be a
mindless fawning slave of the judge, nor must he take an attitude of
hostility towards the Judge. The lawyer must maintain toward the court
a respectful attitude and to uphold and protect the dignity of the court.
b)
Being an officer of the court, the first and foremost duty of
the lawyer is to the court. He is bound to obey lawful orders and
decisions of the court. Like the court itself, the lawyer is an instrument
to advance the ends of justice. Should there be a conflict between the
duty to his client and that of the court, he should resolve the conflict
against his client and obey the lawful orders of the court. On the other
hand, judges should be courteous and impartial to counsel. To maintain
impartiality, the judge should not associate too much with lawyers.
2) The exceptions to the rule that only those who are members
of the bar can appear in court are the following:
a)
In the municipal trial court, a party may con-duct his
litigation in person or with the aid of an agent or friend (Sec. 34.
Rule 138).
b)
In any other court, a party may conduct his litigation
personally [id.)
c)
In criminal proceedings before a municipal trial court
in a locality where a duly licensed member of the bar is not
available, the court may in its discretion admit or assign a
person, resident of the province and of good repute for probity
and ability, to aid the defendant in his defense, although the
person so assigned is not a duly authorized member of the bar
(Sec. 4. Rule 116).
d)
Any official or other person appointed or designated
in accordance with law to appear for the Government of the
Philippines shall have all the rights of a duly authorized member
of the bar to appear in any case in which said government has an
interest direct or indirect (Sec. 33. Rule 138).
e)
A senior law student who is- enrolled in a recognized
law schools clinical education program approved by the
Supreme Court may appear before any court without
compensation. to represent indigent clients accepted by the
Legal Clinic of the law school (Rule 138-A).
f)
Non-lawyers may appear before the NLRC or any

Labor Arbiter if they represent themselves or their labor
organization or members thereof (Art. 222, Labor Code).
g)
Under the Cadastral Act. a non-lawyer can represent a claimant before the Cadastral Court (Sec. 9. Act. 2259).
(Note: We suggest that any four instances will be sufficient)
3.
a) A lawyer may accept a losing" criminal case. An
accused is presumed to be innocent until his guilt is proven beyond
reasonable doubt by procedure recognized by law. Rule 14.01 of the
decline to represent a person solely on account of the latters race,
sex, creed or status of life, or because of his own opinion regarding the
guilt of said person. Otherwise innocent persons might be denied
proper defense.
b) A lawyer may not accept a losing" civil case. Firstly, his
signature in every pleading constitutes a certification that there is
good cause to support it and that it is not interposed for delay (Sec. 5.
Rule 7, Rules of Court). Secondly, it is the lawyers 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 (Sec. 20 (a), Rule 138, Rules of Court). Thirdly, he is not to
encourage either the commencement or continuance of an action or
proceeding or delay in any mans cause for any corrupt motive or
interest (Sec. 20 lg]. Rule 138). Fourthly, he must decline to conduct a
civil cause or to make a defense when convinced that it is intended
merely to harass or injure the opposite party or to work oppression or
wrong (Canori 130, Canons of Professional Ethics). If a lawyer were to
accept a bad civil case, it will either be to exert his best efforts towards
a compromise or, if unsuccessful, to advice his client to confess
Judgment.
Alternative Answer:
A lawyer may also accept a losing civil case provided that in so
doing, he must not engage in dilatory tactics and must advise his client
about the prospects and the advantage of settling a compromise in a
case.
Question No. 3:
1)
Why is a lawyer also an officer of the court"? Explain.
2)
Is a lawyer (a) always a notary public: or (b) is a notary
public always a lawyer? Explain.
Answer:
1)
Lawyers are officers of the court" because they form part
of the machinery of the law for the administration of justice-(Hilado v.
David. 84 Phil. 569). Under canon 12 of the Code of Professional
Responsibility, the lawyer shall exert every effort and consider it his
duty to assist in the speedy and efficient administration of justice.
2.
a) A lawyer is not always a notary public. In order to be a
notary public, he has to be issued a commission by the Executive Judge
of the Court of First Instance (now Regional Trial Court) where he has
applied for such commission (Adm. Order No. 6. June 30. 1975).
b) On the other hand, a notary public need not be a lawyer. Sec.
233 of the Revised Administrative Code provides that persons who
have completed and passed the study of law in a reputable school or
university, or who have passed the examinations for office of justice of
the peace or clerk or deputy clerk of court for a period of not less than
two years, may also be appointed notaries public. In municipalities and
municipal districts where there are no lawyers or persons having the
qualifications above specified, or having them., refused to hold such
office, the judges may appoint other persons temporarily to exercise
the office of notary "public who have the qualifications of fitness and
morality.
Question No. 4:
1)
Atty. Z, a notary public commissioned in Quezon City,
attended a wedding at Makati. B requested Z to notarize a deed of sale
executed between X and Y who were both in Baguio City. Atty. Z who
has a portable notarial seal, notarized the document. Subsequently, X
assailed the document alleging that his signature thereon was falsified.
X filed a case for disbarment against Atty. Z.
a)
What is the liability of Atty. Z. if any? Explain.
b)
Where should the complaint for disbarment be filed?
2)
Congresswoman C is a senior partner in a law firm.
Although C no longer appears in court, she advises clients and corrects
the pleadings of her assistants. A political opponent lodged a complaint
with the House Committee on Ethics contending that Congresswoman
C is prohibited by the Constitution to practice law.
Will the complaint prosper? Explain.
Answer:
1.
a) Atty. Z may be held criminally liable for violating Article
171 (Falsification by Public Officer) of the Revised Penal Code, by
making it appear that X and Y appeared and acknowledged having
executed the deed of sale before him, when in fact they did not so
appear or acknowledged. He may also be administratively liable for not
obeying the laws of the land (Canon 1, Code of Professional
Responsibility). Moreover, his jurisdiction as notary is only in Quezon
City.
b)
The Complaint for disbarment may be filed with the
Supreme Court or with the Board of Governors of the Integrated bar of
the Philippines, or with the IBP chapter of which Atty. Z is member
(Rule 139-B-, Rules of Court).
2)
The complaint will not prosper. Section 14, Article IV of the
Constitution provides that No senator or member of the House of
Representatives may personally appears as counsel before any court of
justice or before the electoral tribunals, or quasi-judicial and other
administrative bodies. What is prohibited is personal appearance."
Since the practice of law covers a wide range of activities senators and
congressmen are allowed to engage in the other aspects of legal
practice such as the giving of legal advice to clients (Pineda, Legal &
Judicial Ethics, 1995 ed., p. 20). However, he should not sign any
pleading.
Question No. 5:
1)
Talbog, a small town, has only two practicing lawyers.
Jose, a good friend of Judge M, requested the latter to notarize a deed
of sale for his farmlot, because the two lawyers of their town charged
exorbitant fees. Judge M notarized the document and charged P 10.00
as fee. The two lawyers complained to the Supreme Court.
a)
Will their complaint prosper? Explain.
b)
Can Judge M charge a fee?
2)
Atty. X was retained by E in a case for violation of BP 22
filed by B before the scheduled hearing, Atty. X assured B that E would
pay the value of the dishonored check. Elated at the prospect of being
paid, B wined and dined Atty. X several times. Atty. X convinced B not
to appear at the scheduled hearings. Due to non-appearance of B, the
estafa case was dismissed for failure to prosecute. B, however, was
never paid. Thus, she filed a case for disbarment against Atty. X.
Does the conduct of Atty. X constitute malpractice? Explain.
Answer:
1.
a) The complaint will prosper. Circular No. 1-90 of the
Supreme Court provides that Municipal Circuit Trial Court judges may
act as notaries public ex officio only in the notarization of documents
connected with the exercise of their official functions and duties. They
may not, as notaries public ex officio, undertake the preparation and
acknowledgment of private documents, contracts and other acts of
conveyances which bear no direct relation to the performance of their
functions as judges. As an exception. MTC and MCTC judges assigned
to municipalities or circuits with no lawyers or notaries public may, in
their capacity as notaries public ex officio, perform any act within the
competency of a regular notary public, provided that (1) all notarial
fees charged shall be for the account of the government and turned
over to the municipal treasurer, and (2) certification be made in the
notarized documents attesting to the lack of any lawyer or notary
public in such municipality or circuit. In this case, there were two
lawyers available in the municipality, only that they were charging
exorbitant fees, which is not an exception to the general rule.
b)
As can be seen from Circular No. 1-90 above, the judge, if
allowed to perform the functions of a regular notary, may charge a fee,
but such fee shall be for the account of the government and turned
over to the municipal treasurer.
2)
Yes, the conduct of Atty. S constitutes malpractice. A
lawyer owes candor, fairness and good faith to the court. He shall not
do any falsehood or shall be mislead or allow the court to be misled by
any artifice. He owes loyalty to his client. In a case involving similar

facts, the Supreme Court found that the lawyer concerned obstructed
the administration of justice and suspended him for two years
(Cantome u. Ducusin, 57 Phil. 20).
Question No. 6:
1)
Qualify.
May a law firm use tne name of a deceased partner?
2)
Y hires the services of Atty. Z in a case where Y is accused
of rape. Atty. Z, however, firmly believes that Y is guilty of the crime of
rape.
If you were Atty. Z, would you still accept the case? Explain.
Answer:
1)
provides in part that "The continued use of the name of a deceased
partner is permissible provided that the firm indicates in all its
communications that said partner is deceased". However, several
justices of the Supreme Court dissented from this rule.
2)
I would still accept the case. It is not forme to judge that Y
is guilty of the crime. The law presumes him to be innocent, and is
entitled to an acquittal unless his guilt is proven beyond reasonable
doubt with due process of law. The lawyer's work is to see to it that due
process of law is observed. Otherwise, many accused will be
defenseless.
Question No. 7:
1)
In a hearing before the Court of Tax Appeals. Atty. G was
invited to appear as amicus curiae. One of the Judges hearing the tax
case is the father of Atty. G. The counsel for the respondent moved for
the inhibition of the judge in view of the father-son relationship.
Is there merit to the motion? Decide.
2)
A group of businessmen formed a corporation, the primary
purpose of which is to furnish legal advice and service to subscribers
as a collection agency. To accomplish this purpose, the group planned
to employ a staff of lawyers to initiate and prosecute collection suits
entrusted to it by its clients. The SEC denied registration of the
corporation on the ground that it was disqualified to practice law.
Is the SEC correct? Discuss briefly.

Answer:
1)
There is no merit to the motion. Rule 3.12 of the Code of
Judicial Conduct provides that A judge should take no part where the
judge's impartiality might reasonably be questioned." Among the
instances for the disqualification of a judge is that he is related to a
party litigant within the sixth degree or to counsel within the fourth
degree of consanguinity or affinity. But this refers to counsel of the
parties. An amicus curiae is supposed to be an experienced and
impartial attorney invited by the court to appear and help in the
disposition of issues submitted to it. He represents no party to the
case. There is. therefore, no ground to fear the loss of the judge's
impartiality in this case if his son is appointed amicus curiae.
Alternative Answer:
Yes. There is merit in the motion. Although Atty. G was appearing
only as amicus curiae, his opinion may influence the decision of one of
the judges who is his father. Rule 137, par. 1 of the Rules of Court does
not distinguish whether the lawyer who is related to the judge within
the fourth degree is appearing as amicus curiae or hired counsel.
2)
The SEC is correct. It is well settled that a corporation
cannot engage in the practice of law. Only a natural person may be
admitted to the practice of law (Sec. 1, Rule 138, Rules of Court). A
corporation cannot perform the conditions required for membership in
the bar, such as possession of good moral character. A corporation
cannot practice law directly or indirectly by employing a lawyer to
practice for it or to appear for others for its benefit.
Question No. 8:
1)
May a judge be disciplined by the Supreme Court based
solely on a complaint filed by the complainant and the answer of
respondent Judge? If so, under what circumstances? What is the
rationale behind this power of the Supreme Court?
2)
A Judge of the Regional Trial Court, notwithstanding the
fact that he was facing criminal charges at the time he obtained his
appointment, did not disclose the pendency of the cases either to the
President or to the Supreme Court. He claims that: (a) he enjoys
presumption of innocence in the pending criminal cases; (b) that the
said cases even if sustained after trial do not involve moral turpitude;
and (3) before an administrative complaint based on a criminal

prosecution can be given due course there must be a conviction by
final Judgment.
May the Judge be considered as an undeserving appointee and
therefore be removed from his office?
Answer:
1)
A judge may be disciplined by the Supreme Court based
solely on the basis of the complaint filed by the complainant and the
answer of the respondent judge, under the principle of res ipsa
loquitur. The Supreme Court has held that when the facts alleged in
the complaint are admitted or are already shown on the record, and no
credible explanation that would negate the strong inference of evil
intent is forthcoming, no further hearing to establish such facts to
support a judgment as to culpability of the respondent is necessary (In
Re: Petition for dismissal of Judge Dizon. 173 SCRA 719).
2)
He may be considered as undeserving and removed from
office. This problem falls squarely under the decision of the Supreme
Court in the case of Court Administrator v. Estacion. 181 SCRA 33,
wherein a complaint was filed concerning the appointment of a
Regional Trial Court judge notwithstanding the fact that he was then
facing criminal charges for homicide and attempted homicide. The
Judge also claimed that (a) he enjoys the presumption of innocence, (b)
the said cases, even if sustained, do not involved moral
turpitude, and (c) before an administrative complaint based on a
criminal prosecution is given due course, there must be a conviction by
final judgment. The Supreme Court held:
The argument that he had not yet been convicted and
should be presumed innocent is beside the point, and so is the
contention that the crimes of homicide and attempted homicide
do not involve moral turpitude. The important consideration is
that he had a duty to inform appointing authority and this Court
of the pending criminal charges against him to enable them to
determine on the basis of his record, eligibility for the position he
was seeking. He did not discharge that duty. His record did not
contain the important information in question because he
deliberately withheld and thus effectively hid it. His lack of
candor is as obvious as his reason for suppression of such vital
fact, which he knew would have been taken into account against
him if it had been disclosed.
As stressed in the report, it behooves every prospective

appointee to the judiciary to apprise the appointing authority of
every matter bearing on his fitness for judicial office, including
such circumstances as may reflect on his integrity and probity.
These are qualifications specifically required of appointees to the
judiciary under Article VIII, Sec. 7 (3) of the Constitution. The fact
alone of his concealment of the two criminal cases against him is
clear proof of his lack of the said qualifications and renders him
unworthy to sit as a Judge."
The respondent Judge was accordingly removed from office.
Question No. 9:
1)
In a homicide case, Atty. M was appointed by the Court as
counsel de oficio for F, the accused. After trial, F was acquitted. Atty. M
sent F a bill for attorneys fees.
a)
Can F be compelled to pay? Explain.
b)
Can F employ a counsel de parte to collaborate with Atty.
M, his counsel de oficio? Explain.
2)
In a murder trial. Judge T asked searching questions of all
the witnesses for the accused prompting Atty. O, counsel of the
accused, to request Judge T to desist from acting as counsel for the
prosecution. The Judge, however, reminded Atty. O that she wanted to
determine whether the accused was guilty of the crime charged.
Is it proper for Judge T to take an active part on the examination
of the accused's witnesses?
Answer:
1.
a) No, F may not be compelled to pay attorneys fees. A
counsel de officio is a lawyer appointed to render professional services
in favor of an indigent client. In the absence of a law allowing
compensation, he cannot charge the indigent litigant for his
professional services. One of the obligations which the lawyer assumed
when he took his oath as a lawyer is to render free legal services when
required by the law to do so. The Rules of Court provides a token
compensation for an attorney de officio to be paid by the state.
b)
He may do so, but if he can afford to employ a counsel de
parte, then he is no longer indigent and will not need a counsel de
officio. The latter can withdraw as his counsel if he chooses to.
2)
No, it is not proper. Rule 3.06 of the Code of Judicial
conduct provides that While a judge may, to promote justice, prevent
waste of time or clear up some obscurity, properly intervene in the
presentation of evidence during the trial, it should always be borne in
mind that undue interference may prevent the proper presentation of
the cause or the ascertainment of truth." The intervention of the judge
in a case must be done with considerable circumspection. It must be
done sparingly and not throughout the trial, which will have the effect
of or will tend to build or bolster the case for one of the parties. The
reason for this rule is that the judge should not only be impartial but
also appear to be impartial.
Question No. 10:
1)
Judge P decided an annulment of title suit In favor of A.
After the decision had become final and executor, A sold the property
to a realty firm. Judge P, a good friend of the owner of the realty firm,
purchased two lots in the property at a substantial discount.
a)
Did Judge P violate any provision of the Civil Code with
respect to the purchase of a litigated property?
b)
Did Judge P go against any provision of the Canons of
Judicial Ethics?
2)
Justice C recently retired. The parents of the victims of the
OZONE Disco tragedy retained him in the case for damages which they
filed against the owners of the Disco, Quezon City officials and Quezon
City.
Can he appear as counsel for the victims' parents? Explain.
3)
Upon being replaced by Justice C. Atty. B, the former
counsel of the parents of the victims of the OZONE Disco tragedy, was
directed to forward all the documents in his possession to Justice C.
Atty. B refused, demanding full compensation pursuant to their written
contract. Sensing that a favorable Judgment was forthcoming, Atty. B
filed a motion in court relative to his attorneys fees, furnishing his
former clients with copies thereof.
Is Atty. B legally and ethically correct in refusing to turn over the
documents and in filing the motion? Explain.
Answer:
1.
a) Article 1491 of the Civil Code provides as follows:
Art. 1491. The following persons cannot acquire by

purchase, even at a public or Judicial auction, either in person or
through the mediation of another:
X
(5) Justices, judges, prosecuting attorneys, clerks of

superior and inferior courts, and other officers and employees
connected with the administration of justice. the property and
rights in litigation or levied upon an execution before the court
within whose jurisdiction or territory they exercise their
respective function: this prohibition includes the act of acquiring
by assignment and shall apply to lawyers, with respect to the
property and rights which may be the object of any litigation to
which they may take part by virtue of their profession."
In the case of Macariola v. Asuncion, 114 SCRA 77. the Supreme
Court held that Article 1491 does not apply where the property was not
acquired from any of the parties to the case, or when the litigation is
already terminated. In this case, Judge P bought the property not from
A but from a realty firm which was not a party to the case. Moreover,
his Judgment had already become final and executory, hence, the
property was no longer in litigation. There is no violation of Article
1491.
b)
However, in the same case, the Supreme Court held that
while the respondent judge may not have violated Art. 1491 of the Civil
Code, still, it was improper for him to have acquired the property
concerned. He has violated Canon 3 of the Canons of Judicial Ethics
which requires that a judge's official conduct should be free from the
appearance of impropriety, and his personal behavior, not only upon
the bench and in the performance of judicial duties, but also in his
everyday life, should be beyond reproach. It was unwise and indiscreet
of him to have acquired the subject property, because it gives cause
for doubt or mistrust in the uprightness of the administration of justice.
2)
Section 1 of Republic Act No. 910, as amended, provides
that it is a condition of the pension provided for herein that no retiring
justice or judge of a court of record or city or municipal judge during
the time that he is receiving the said pension shall appear before any
court in any civil case wherein the government or any subdivision or
instrumentality thereof is the adverse party or in any criminal case

wherein an officer or employee of the government is accused of an
offense committed in relation to his office, or collect any fee for his
appearance in any administrative proceedings to maintain an interest
adverse to the Government, national, provincial or municipal, or to any
of its legally instituted officers." Inasmuch as the case being offered to
Justice C is a civil case against not only the disco itself, but also against
Quezon City and its officials, he will be violating the aforesaid condition
if he appears as counsel for the victim's parents in the said case.
3)
Atty. B is legally and ethically correct in refusing to turn
over the documents. He is entitled to a retaining lien which gives him
the right to retain the funds, documents and papers of his client which
have lawfully come to his possession until his lawful fees and
disbursement have been paid (Sec. 37, Rule 138. Rules of Court. Rule
16.03, Code of Professional Responsibility). Likewise, he is legally and
ethically correct in filing a motion in court relative to his fees. He is
entitled to a charging lien upon all judgments for the payment of
money, and executions issued in pursuance of such judgments, which
he has secured in a litigation of his client, from and after the time when
the records of the court rendering such judgment or issuing such
execution (ibid.)
Question No. 11:
1)
Distinguish between: a Jurat and Acknowledgment. Give
an example of each.
2)
Z, who owns a house at 34 San Rafael Street. San Juan.
Metro Manila, leased the premises to O. who resides at 206 Palmera
Street. Mandaluyong City, beginning 1 January 1996 to 30 December
1998, at P 10,000.00 a month, payable on or before the 5th of each
month. Upon failure of the lessee to pay for 3 consecutive months, the
contract will be deemed automatically terminated.
Draft the contract of lease.
Answer:
1)
Jurat Is the form prescribed lor sworn statements or
affidavits where no rights of titles are transferred before a notary
public. An example of Jurat is an affidavit subscribed before a notary
public or public official authorized for the purpose.
An acknowledgment is the form executed by the notary public
stating that certain document .transferring rights or property have
been executed by the persons known to him to be the same person,

and that it was their free act, and voluntary deed. An example is the
acknowledgment in a deed of lease of land.
2)
DEED OF LEASE
That I, Z, Filipino citizen, residing at No. 37 Retiro, Quezon City,
hereinafter known as LESSOR is the owner of a house located at 345
San Rafael Street, San Juan, Metro Manila more or less described as
follows:
(Description of property...) that by virtue of these presents, I, Z,
have agreed to lease the aforesaid property to O, Filipino citizen, of
legal age, residing at 201 Palmera St., Mandaluyong City, hereinafter
known as the LESSEE.
That the conditions of the lease are:
1.
That the duration of the lease is from January 1. 1996 to
December 30, 1996.
2.
That the LESSEE shall pay a monthly rental of P 10,000
payable on or before the 5th of each month.
3.
That upon failure of the LESSEE to pay the rentals for
three (3) consecutive months, the contract is deemed automatically
terminated:
IN WITNESS WHEREOF, we have hereunto set out signatures on
this 28th day of September 1996 in the City of Manila.
________________________
Z
Signed in the presence of:
_______________________
O
________________________
J
_______________________
R

CITY OF MANILA
) s.s.
On this 29th day of September 1996 in the City of Manila
personally appeared before me Z and O exhibiting to me their
respective Community Tax Certificates No. 43210 and 21451 issued at

Manila on January 15, 1996 and February 2, 1996 and TIN 45127-31
and 18279-10 tome known and known to me to be same persons who
executed the foregoing lease agreement and acknowledged to me that
it is their free act and voluntary deed.
X
NOTARY PUBLIC
Dec. 31. 1996
Doc. No. 2 :
Page No. 4 :
Book No. 5 :
Series of 1996.
Question No. 12:
1)
OnOctober5. 1994, S, with address at 211 Madison Street,
Greenhills, Metro Manila, a dealer of used cars, sold a 1989 Lancer to
B, who resided at 24 Lontok Street, Quezon City. A promissory note was
executed by B promising to pay on or before December30, 1995, the
amount of P250.000.00 with interest of 36% per annum, aside from
attorney's fees in the sum of P20.000.00 in the event of litigation. After
one year, B failed to pay any amount prompting to demand full
payment of vehicle. B refused, contending that the payment was due
In December 1995. S wants you to file a complaint against B with
instructions to recover the unpaid vehicle.
Prepare the appropriate pleading.
2)
Rey Carreon, who resided at 26 Real Street, Makati City,
owns a market stall at Shoppersville, Greenhills, Mandaluyong City. He
leased it to Siony Beltran from 1 March 1993 to 1 March 1995 at a
monthly rental of PI 5,000.00. Siony failed to pay for 6 months. Despite
demands, Siony refused to pay. Rey wants to recover the premises.
Draft the requisite complaint, containing all the pertinent facts as
outlined above.
3)
For failure to file an answer within the reglementary period,
defendant L was declared in default. Plaintiff presented his evidence
ex-parte and thereafter, Judge G rendered a decision in favor of
plaintiff.
As counsel for defendant L, draft the appropriate motion to
restore Ls standing in court.
Answer:
1)
NATIONAL CAPITAL JUDICIAL
REGION REGIONAL TRIAL COURT
Makati City
S.
Plaintiff.
-versus-
Civil Case No. 1
B,
For: Sum of Money
Defendant.
X--------------------------------------X
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and
to this Honorable court respectfully alleges:
1.
That plaintiff S, of legal age. Filipino citizen, residing at
211 Madison Street, Greeenhills, Metro Manila and B, defendant, of
legal age, Filipino citizen residing at 24 Lontoc Street. Quezon City,
where he maybe served with summons;
2.
That on October 5, 1994, defendant purchased a 1989
Lancer car from the plaintiff in the amount of P250.000.00 payable on
or before December 30, 1995 with an interest of 36% per annum; and
that in the event of litigation, defendant shall pay P20.000.00 as
attorneys fees.
A copy of said promissory note is hereto attached.
3.
That after one year had expired, defendant failed to pay
said promissory note;
4.
That despite demands both written and oral, defendant
failed to pay the value of said promissory note forcing plaintiff to file
this case engaging the services of counsel in the amount P20.000.00.
WHEREFORE, it is respectfully prayed that after due trial,
defendant be ordered to pay the amount of P250.000.00 plus 36%
interest until the amount is fully paid and P20,000.00 as attorneys

fees.
J
PTR OR. No. 6321. January 7. 1996
IBP OR No. 1265, January 7, 1996
2)
MAKATI CITY CITY COURT. Br. No. 1
REY CARREON
Plaintiff.
-versus-
For:
Ejectment
SIONY BELTRAN
Defendant,
X----------------------------------------X
COMPLAINT
COMES NOW, the plaLntiff in the above entitled case, through the
undersigned counsel and to this Honorable Court, respectfully alleges:
1.
That the plaintiff, of legal age. residing at 26 Real Street,
Makati City, that defendant is of legal age, residing at No. 2 Wilson.
Makati where he may be served with summons;
2.
That the plaintiff is the owner of a market stall at
Shoppersville. Greenhills. Mandaluyong City, which was leased to
defendant on March 1, 1993 to March 1995 at a monthly rental of
PI5,000,00;
3.
That defendant failed to pay the monthly rentals for 6
months, and despite written and oral demands to vacate, defendant
failed to pay said rentals for 6 months in the amount of P90.000.00;
4.
That due to the refusal of defendant to pay the rentals,
plaintiff was constrained to file the present action engaging the
services of counsel, in the amount of P 10,000.00.
WHEREFORE, it is respectfully prayed that after due trial

defendant be ordered to pay the amount of P90.000.00 with legal
interest and to vacate the premises.
Makati City, September, 24 1996.
Juan De La Cruz
PTRO.R. NO. 7755,
January 10,
1996
IBP OR No. 7007, January 10, 1996
VERIFICATION
I, REY CARREON, am the plaintiff in the above-entitled case, have
cause the above complaint to be filed and the allegations thereof are
true and correct.
REY CARREON
SUBSCRIBED AND SWORN TO before me this 29th day of
September 1996 at the City of Manila, affiant exhibited to me his
Community Tax Certificate No. 01234 issued at Manila on January 17.
1996
Rosalie R. Lamigo
Notary Public
My commission expires on Dec. 31,
1996
Doc. No. 1 :
Page No. 2 :
Book No. _4_;
Series of 1996.
3)
MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL
COMES NOW, L, defendant in the above-entitled case through
the undersigned counsel and to this Honorable Court respectfully
alleges:
1.
That the summons issued by this court was served in an
address which was not the correct address of the defendant as he is
now living in another city which is No. 5 San Andres, Manila:
2.
That the defendant was not duly informed about said
complaint against him, hence, he was not able to file the answer;
3.
That if properly served with the summons he will file his
answer and has a good and valid defense.
WHEREFORE, defendant respectfully prays the order of default
issued by this Honorable Court be lifted and he be allowed to file his
answer and a new trial be held.
AB
PTRNo. 579, February 1. 1996
IBP No. 261, February 1. 1996
SUBSCRIBED AND SWORN TO before me, on this 29th day of
September 1996 in Manila, affiant exhibited to me his CTC No. 43210
issued at Manila on Feb. 1, 1996.
CD
Notary Public
My commission expires on Dec. 31,
1996
Doc. No.
Page No.
Book No.
Series of 1996
Question No. 1:
1.
Is the practice oflaw a right or a privilege? Discuss fully.
2.
Does the legislature have the power to regulate admission
to the bar and the practice of law? Discuss fully.
Answer:
1.
The practice of law is basically a privilege because it is
limited to persons of good moral character with special qualifications
duly ascertained and certified. (5 Am. Jur. 270) Thus, only those
persons are allowed to practice law, who by reason of attainments
previously acquired through education and study, have been
recognized by the courts as possessing profound knowledge of legal
science. Attorneys are the courts constituency - to aid it in the
administration of justice. (Dodge v. State, 38 NE 745)
Additional Answer:
1.
However, Prof. Agpalo in his book has pointed out that
practice of law is also a right because a lawyer holds office during good
behavior and he cannot be deprived of the right to practice law except
for misconduct ascertained and declared by judgment of the court
after observing due process.
2.
Congress under the 1987 Constitution has no power to
regulate admission to the Bar and the practice of law. Unlike the 1935
and 1973 Constitutions, the 1987 Constitution no longer provides for
the power of the legislature to repeal, alter and supplement the rules
promulgated by the Supreme Court. Under the 1935 Constitution, the
legislature had the power to repeal, alter the rules promulgated by the
Supreme Court although the power and the responsibility to admit
members of the bar resides in the Supreme Court. (See In Re:
Cunanan, 50 OG 1602) Under the 1987 Constitution however, the
Supreme Court has the exclusive power to promulgate rules
concerning the enforcement of rights, pleadings and practice and
procedures of all courts and the admission to the practice of law. (See
Art. 8. Section 5, subpar. 3-5).
Alternative Answer:
2.
Agpalo has pointed out that the legislature, in the exercise
of police power, may enact laws regulating the practice of law to
protect the public and promote public welfare, but it may not pass a
law that will control the Supreme Court in the performance of its
function to decide who may be admitted into the practice of law
(Agpalo, Legal Ethics. 5th Edition, p. 5). Constitutional Commissioner
Joaquin C. Bemas also submits that the matter stays as if the 1935 and
1973 provisions had been re-enacted (Bernas, The Constitution of the
Republic of the Philippines. 1992 ed., Vol. II. p. 293).
Question No. 2:
Evelyn, Luisa. Myra, Josefina, Pamela and Rose are bona fide
members of the Philippine bar. They agree to form a close corporation
to be named LEGALCARE the principal purpose of which is to provide
clients legal services, research and advice as well as trial advocacy for
a fee." The services shall be rendered not only by these enterprising
pioneers of LEGALCARE but also by lawyers to be employed by the
projected corporation on regular monthly salary basis.
May LEGALCARE be legally incorporated? Discuss fully.
Answer:
A corporation can not engage in the practice of law even by
hiring lawyers to perform legal work. It has been held that only a
natural person can engage in the practice of law. A lawyer is burdened
with peculiar duties and responsibilities. A corporation cannot take an
oath of office, be an officer of the court or subjected to court discipline:
it cannot engage in law practice directly, it cannot evade the
requirements by( employing competent lawyers to practice for it.
(Matter of Cooperative Law Co., N.Y. 579). Hence, LEGALCARE cannot
be legally incorporated because the principal purpose involves the
practice of law.
Question No. 3:
Judge Roman Pulido, an incumbent RTC judge, ran for President
of the Rotary Club of Bacolor and won. His first project was to put up a
livelihood center to help the lahar victims. To raise funds he sent to the
business community solicitation letters for contributions. His rival in
their club filed an administrative charge against Judge Pulido alleging
unethical conduct for socializing and being actively involved in an
organization the members of which are mostly practicing lawyers, and
for soliciting contributions.
Are the grounds raised valid for the charge of unethical conduct?
Discuss fully.
Answer:
Rules 5.01, Canon 5, of the Code of Judicial Conduct provides
that:
Rule 5.01. A judge may engage in the following activities
provided that they do not interfere with the performance of judicial
duties or detract from the dignity of the court:
X
X
X
X
X
X
(c)
participate in civil and charitable activities:
(d)
serve as an officer, director, trustee, or non-legal adviser
of a non-profit or non-political, educational, religious. charitable,
fraternal, or civic organization"
A Judge is not required to live in seclusion.
However, Section "t. Code of Judicial Ethics, provides that a judge
should avoid giving ground for reasonable suspicion that he is utilizing
the power or prestige of his office to persuade or coerce others to
patronize or contribute to charitable enterprises.
Hence, while it is ethical for Judge Pulido to become President of
the Rotary Club of Bacolor, it would be unethical for him to send letters
soliciting contributions from the business community.
Question No. 4:
1.
What are the powers and duties of a notary public?
2.
What is the extent of the jurisdiction of a notary public?
3.
Answer:
Who can revoke his notarial commission?
1.
Every notary public shall have power to administer all
oaths and affirmations provided for by law, in all matters incidents to
his notarial office, and in the execution of affidavits, depositions, and
other documents requiring an oath; to receive the proof or
acknowledgment of all writings relating to commerce or navigation,
such as bills of exchange, bottomries, mortgages, and hypothecactions
of ships, vessels, or boats, charter parties or affreightments, letters of
attorney, deeds, mortgages, transfers and assignments of land or
buildings, or an interest therein, and such other writings as are
commonly proved or acknowledged before notaries; to act as a
magistrate in the writing of affidavits or depositions, and to make
declarations and certify the truth thereof under his seal of office,
concerning all matters done by him by virtue of his office. (Sec. 241,
Notarial Law)
The duties of a notary public are the following:
1.
To keep a notarial register;
2.
To make the proper entry or entries in hl^ notarial register

touching his notarial acts in the manner required by the
law;
3.
To send the copy of the entries to the proper clerk of court

within the first 10 days of the month next following;
4.
To affix to acknowledgments the date of expiration of his

commission, as required by law;
5.
To forward his notarial register, when filled, to the proper

clerk of court;
6.
To make report, within a reasonable time, to the proper

judge concerning the performance of his duties, as may be
required by such judge;
7.
To make the proper notation regarding

certificates. (Sec. 247, Rev. Adm. Code)
residence
2.
The Jurisdiction of a notary public in a province shall be coextensive with the province. The jurisdiction of a notary public in the
City of Manila shall be co-extensive with said city. No notary shall
possess authority to do any notarial act beyond the limits of his
jurisdiction. (Sec. 240, Rev. Adm. Code)
3.
The notarial commission may be revoked by the Executive
Judge of the Regional Trial Court who issued the commission or by the
Supreme Court itself.
Question No. 5:
Winnie retained the services of Atty. Derecho to file a collection
case against Carmen. Winnie paid Atty. Derecho a sizeable retainer's
fee which the latter accepted. Later, in the process of determining the
amount of debt to be collected from Carmen, Atty. Derecho noticed
that of the total claim of 8.5 Million, certain invoices covering 3.5
Million appeared to be Irregular. Winnie while admitting the irregularity
assures her lawyer that there would be no problem as Carmen was by
nature negligent in keeping her records and would not notice the
mistake anyway. Atty. Derecho tried to convince Winnie to exclude the
amount of 3.5 Million but Winnie refused. As a consequence Atty.
Derecho terminated their relationship and withdrew from the case.
Was Atty. Derecho right in terminating their relationship and

withdrawing from the case? How about the fact that he had already
accepted a sizeable retainers fee from his client? Discuss fully.
Answer:
Atty. Derecho was right in terminating the lawyer-client
relationship and withdrawing from the case. Rule 22.01 of the Code of
Professional Responsibility provides that a lawyer may withdraw his
services when the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling, or when the
client insists that the lawyer pursue conduct violative of the canons
and rules. Rule 15.07 provides that a lawyer shall impress upon his
client compliance with the laws and the principles of fairness. While he
owes his client warm zeal, it should always be within the bounds of the
law (Canon 19. Code of Professional Responsibility).
The fact that Atty. Derecho had already accepted a sizeable
retainers fee should make no difference on his decision to withdraw.
Moreover, he may retain the fees he has already received, his
withdrawal being justified (Pineda. Legal & Judicial Ethics. 1994 edition,
p. 223), unless the same is unconscionable.
Question No. 6:
Harold secured the services of Atty. Jarencio to collect from
various debtors. Accordingly. Atty. Jarencio filed collection cases
against the debtors of Harold and in fact obtained favorable Judgments
in some. Atty. Jarencio demanded from Harold his attorneys fees
pursuant to their agreement but Harold refused. When one of the
defendants paid his indebtedness of 20,000.00 through Atty. Jarencio,
the latter refused to turn over the money to Harold; instead. Atty.
Jarencio applied the amount to his attorneys fees having in mind the
provisions of the Civil Code on legal compensation or set-off to Justify
his act.
Was Atty. Jarencio correct in refusing to turn over to his client the
amount he collected? Discuss fully.
Answer:
A lawyer has a retaining lien which entitled him to retain
possession of a clients document, money or other property which
come into the hands of the attorney professionally, until the general
balance due him for professional services is paid. Under Rule 138,
Section 37 of the Rules of Court, the attorney cannot be compelled to
surrender the documents in his possession without prior proof that his
fees have been duly satisfied.
However, Atty. Jarencio here cannot appropriate the sum of
20,000.00. If there is a dispute between him and Harold as to the
amount of the fees that he can collect, what he should do if Harold
disputes the amount of the fees he is entitled, he must file an action
for the recovery of his fee or record a charging lien so that the court
can fix the amount to which he is entitled.
Question No. 7:
1.
Is pro se practice allowed in the Philippines? Explain.
2.
May a lawyer who has been disbarred appear in court to
defend himself in a criminal case? Explain.
Answer:
1.
Yes. Section 34, Rule 138 of the Revised Rules of Court

provides as follows:
By whom litigation conducted. - In the court of a Justice of the

peace a party may conduct his litigation in person with the aid of an
agent or friend appointed by him for that purpose, or with the aid of an
attorney. In any other court, a party may conduct his litigation
personally or by aid of an attorney, and his appearance must be either
personal or by a duly authorized member of the bar.
2.
By virtue of the above provision, a lawyer who has been
disbarred may appear in court to defend himself in a criminal case.
Question No. 8:
1.
At the pre-trial of a civil case for collection, one of the
parties mentioned that he expected to settle his obligation as he was
investing in some stocks of a realty corporation that were sure to soar
in the market because of some confidential information he obtained
from his brother-in-law, a top-rank officer of the corporation. Upon
hearing the information the judge lost no time in buying stocks in the
realty corporation and as predicted made a lot of money.
Is the judge guilty of unethical conduct? Discuss fully.
2.
In an intestate estate proceeding a petition for the
issuance of letters of administration in favor of an RTC judge was filed
by one of the heirs. Another heir opposed the petition on the ground
that the judge was disqualified to become administrator of the estate
as he was the first cousin of the deceased. The petitioner however
argued that the judge was not disqualified as the case was not pending
before him.
Rule on the petition. Discuss fully.
Answer:
1.
Yes. Rule 5.05 of the Code of Judicial Conduct provides that
No information acquired in a judicial capacity shall be used or
disclosed by a judge in any financial dealing or for any other purpose
not related to judicial activities." The judge in this case has violated the
foregoing rule, and acted unethically.
2.
Rule 5.06 of the Code of Judicial Conduct provides f 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. Members of
immediate family shall be limited to the spouse and relatives within
the second degree of consanguinity". Under the foregoing rule, the
petition should be denied. The Judge should not be appointed
administrator of the estate of his first cousin, who is not a relative
within the second degree of consanguinity.
Question No. 9:
Renato Adorable, Registrar of Land Titles and Deeds, and Olivia
Perez were charged with falsification of public document. The
complaining witness claimed that he was dispossessed of his ancestral
home through the fraudulent acts of Renato and Olivia. Halfway
through the presentation of the evidence for the prosecution the
lawyer of Renato withdrew his appearance thus forcing Renato to seek
the assistance of the Office of the Solicitor General (OSG) to defend
him he being a government official. But the OSG refused the request.
Can the OSG be compelled to defend Renato Adorable? Discuss
fully.
Answer:
The OSG cannot be compelled to defend Renato Adorable. The
OSG is not authorized to represent a public official at any state of a
criminal case (Urbano v. Chavez, 183 SCRA 347). The Office of the
Solicitor General is the appellate counsel of the People of the

Philippines in all criminal cases. It is supposed to take a stand against
the accused in case of an appeal from a judgment of conviction. How
can it do so if it represented the accused in the trial of the case. There
would be a clear conflict of interest. Moreover, the accused public
official should not expect the State, through the Office of the Solicitor
General, to defend him for a wrongful act which cannot be attributed to
the State itself. A public official who is sued in a criminal case is
actually sued in his personal capacity inasmuch as his principal, the
State, can never be the author of a wrongful act, much less commit a
crime.
Question No. 10:
Comment on the propriety of the acts of the municipal judge who
prepared and notarized the following documents:
(a)
a deed of absolute sale executed by two of his friends;
(b)
an extrajudicial settlement of estate of his cousins;
(c)
a memorandum of agreement between

contractor and a neighboring municipality;
(d)
a memorandum of agreement between another private

contractor and the municipality where he sits as judge.
build-ing
Answer:
Municipal Judges may not engage in notarial work except as
notaries public ex-officio. As notaries public ex-officio, they may
engage only in notarization of documents connected with the exercise
of their judicial functions. They may not. as such notaries public exofficio, undertake the preparation and acknowledgment of private
documents, contracts and other acts of conveyance, which bear no
relation to the performance of their functions as judges.
However, taking judicial notice of the fact that there are still
municipalities which have neither lawyers nor notaries public, the
Supreme Court ruled that MTC and MCTC Judges assigned to
municipalities or circuits with no lawyers or notaries public may, in
their capacity as notaries public ex-officio, perform any act within the
competency of a regular notary public, provided that: (1) all notarial
fees charged be for the account of the Government and turned to the
municipal treasurer and (2) certification be made in the notarized
documents attesting to the lack of any lawyer or notary public of such

municipality or circuit (Balayon, Jr. vs. Ocampo, 218 SCRA 13. 23).
On the basis of the foregoing, I would say that the propriety of
the actuations of the municipal judge in this problem depends on
whether or not there are notaries public available in his community. If
there are notaries available, his acts are improper. Otherwise they are
proper, provided that the two conditions mentioned above are
complied with.
Question No. 11:
After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer
Ng, persuaded defendant Doris Dy to enter into a compromise
agreement with the plaintiff without the knowledge and participation of
defendants counsel, Atty. Jess de Jose. Doris acceded and executed
the agreement. Therein Doris admitted her obligation in full and bound
herself to pay her obligation to Jennifer at 40% interest per annum in
ten (10) equal monthly installments. The compromise agreement was
approved by the court.
Realizing that she was prejudiced, Doris Dy filed an
administrative complaint against Atty. Hilado alleging that the latter
prevented her from consulting her lawyer Atty. de Jose when she
entered into the compromise agreement, thereby violating the rules of
professional conduct. Atty. Hilado countered that Doris Dy freely and
voluntarily entered into the compromise agreement which in fact was
approved by the court.
1.
Did Atty. Hans Hilado commit malpractice and grave
misconduct as a lawyer? Explain.
2.
Was it proper for the judge to approve the compromise
agreement since the terms thereof were Just and fair even if counsel
for one of the parties was not consulted or did not participate therein?
Explain.
Answer:
1.
Atty. Hilado committed an act of malpractice. Rule 8.02 of
the Code of Professional Responsibility provides that a lawyer shall not
directly or indirectly encroach upon the professional employment of
another lawyer". Canon 9 of the Code of Professional Ethics states that
a lawyer should not in any way communicate upon the subject of a
controversy with a party represented by a counsel; much less should
he undertake to negotiate or compromise the matter with him, but
should deal only with his counsel. Under similar facts, the lawyer
concerned was suspended for committing acts constituting malpractice
and grave misconduct (Likong v. Lim, 235 SCRA 414).
2.
It was not proper for the Judge to approve the compromise
agreement without the participation of the lawyer of one of the parties,
even if the agreement was Just and fair. Even if a client has exclusive
control of the cause of action and may compromise the same, such
right is not absolute. He may not, for example, enter into a
compromise to defeat the lawyers right to a just compensation. Such
right is entitled to protection from the court.
NOTE: IN THE FOLLOWING PRACTICAL EXERCISES. DO NOT USE
YOUR NAME. USE FICTITIOUS NAMES.
Question No. 12:
In a life insurance company for P2 Million issued by Bayad-Agad
Insurance Company (BAYAD-AGAD) to insured Resty Impis, the primary
beneficiary designated is simply wife". After Resty Impis died, Nora
Impis and Lenny Impis, each claiming to be the wife of Resty, filed their
respective claims for the insurance proceeds. BAYAD-AGAD is at a loss
as to whom to pay and decides to bring the matter to court.
Draft the necesary pleading as counsel for BAYAD- AGAD.
Answer:
QUEZON CITY BRANCH 91
BAYAD-AGAD INSURANCE CO.,
Plaintiff,
-versus-
Civil Case No. 10023

For Interpleader
NORA IMPIS and LENNY IMPIS,

Defendants.
X-------------------------------------X
COMPLAINT
PLAINTIFF, through counsel, alleges:
1.
That plaintiff. BAYAD-AGAD INSURANCE CO.. is an
insurance company, duly authorized and existing under the laws of the
Republic of the Philippines, with principal office at B_A.I. Bldg., Quezon
Ave., Quezon City and defendants NORA IMPIS and LENNY IMPIS, both
of legal age, Filipino, and residents of 35 Masikap St. Quezon City, and
25 Matalino St. Quezon City, respectively;
2.
That on June 15. 1993, Resty Impis took a life insurance
policy for P2 Million from the plaintiff and that the primary beneficiary
designated is simply wife";
3.
That said Resty Impis died intestate on July 1, 1995;
4.
That both defendants, claiming to be the wife of Resty
Impis, filed their respective claims with the insurance company;
5.
That plaintiff is ready, willing and able to pay the proceeds
of such insurance policy; however, it has no means of knowing
definitely to whom as to the two defendants, payment should be made;
6.
That defendants should Interplead and litigate their
conflicting claims to the insurance proceeds.
WHEREFORE, it is respectfully prayed that judgment issue:
1.
Ordering defendants to interplead and litigate their
conflicting claims between them.
2.
Ordering the payment of the life insurance proceeds to
this Court, and considering said payment as made to whomever of
the defendants is entitled to the same.
3.
Ordering costs and other fees to the defendants.
Quezon City. September 24. 1995.

Mercado and Associates
Magnum Towers, Ortigas Centre
Pasig, Metro Manila
PTR OR No. 17243
Pasig. M.M.. January 10. 1995
IBP OR No. 0676
Pasig, M.M., March 21, 1995
Question No. 13:

Prepare an Information charging two accused one of whom is 14
and the other is 16, with violation of P.D. 532 (Highway Robbery) for
having snatched from the complaining witness a gold necklace worth
2.000.00.
Answer:
REGIONAL TRIAL COURT NATIONAL CAPITAL REGION
CITY OF MANILA BRANCH 9
Plaintiff,
- versus -
CRIMINAL CASE No.

For Highway Robbery
100321
PEDRO SANTOS and JUAN MAGNO,

Defendants,
X--------------------------------------X
INFORMATION
The undersigned accuses PEDRO SANTOS and JUAN DELA CRUZ,
of the crime of Highway Robbery committed as follows:
That on or about September 1,1995, in Quiapo. Manila, and
within the jurisdiction of this Honorable Court, said accused
confederating and confabulating with each other did then and there
wilfully, unlawfully and feloniously, with intent to gain, and the use of
force, violence and intimidation to wit: while inside a public utility
jeepney plying the Quiapo- Cubao route, accused Pedro Santos, 16
years old, pointed a gun at Maria Sison, and taking advantage of the
situation, accused Juan Magno, 14 years old, who acted with
discernment, snatched, steal and carry away therefrom, without her
consent, the necklace of said said witness valued at P2,000, Philippine
Currency, to the damage and prejudice of the witness in the said sum.
Contrary to law.
Manila, Philippines, September 24. 1995
INOCENCIO CRUZ
I hereby certify that a preliminary investigation was conducted

by me, according to law; that there is reasonable ground to believe
that a crime was committed and the accused is probably guilty thereof.
INOCENCIO C. CRUZ
Question No. 14:
You are the owner of a wall which separates your property from
that of your neighbor. You make an opening on the wall to allow light to
enter your property and enjoy the view through the estate of your
neighbor.
Prepare a notarial prohibition to be sent to your neighbor to
forbid him from doing any act which would prevent light from entering
your property through the opening and obstruct your view in order to
acquire a negative easement of light and view.
Answer:
To:
TOMAS
REYES
57 Matalino St..
Quezon City
Greetings!
You are hereby notified that I have made an opening on my wall

which separates my property from your property located at 55 Matalino
St., Quezon City, to allow light to enter my property and to enjoy the
view through your estate. In this connection, you are hereby enjoined
from building or constructing anything on your said estate that would
prevent the light from entering through the said opening or obstruct
my view therefrom.
EDUARDO A. LOPEZ
55 Matalino St., Quezon City
SUBSCRIBED AND SWORN to before me at Quezon ( City.
Philippines, this 24th day of September 1995, affiant exhibiting to me
his community tax certificate no. 12345. issued at Quezon City, on
March 12. 1995.
JOSE SANTOS
Notary public
Until December 31. 1995.
P.T.R. No. 3012

Quezon City. January 10,1995.
Doc. No. 23
Page No. 24
Book No. II
Series of 1995.
Question No. 15:
Draft a notice of pre-trial conference.
Answer:
REGIONAL TRIAL COURT NATIONAL CAPITAL REGION
CITY OF MANILA BRANCH 7
JUAN DE LA CRUZ,
Plaintiff,
- versus -
CIVIL CASE NO. C - 1774
PEDRO O. SANTOS,
Defendant,
X--------------------------X
ORDER
Issues being joined in this case, the Pre-Trial Conference under
Section 1. Rule 20 of the Rules of Court, in relation to Circular No. 1 89 of the Supreme Court, is set for October 30. 1995, at 8:30 a.m.
Counsels are instructed to notify their respective clients.
Counsels are also reminded of the mandatory filing of Pre-Trial
Briefs at least 3 days before the Pre-Trial date.
SO ORDERED.
Given this 24th day of September, 1995 at the City of Manila.
Metro Manila.
JAIME DG. RAMOS
Judge
Copy furnished:
1.
Falible Law Offices

Suite 303, Pacia Complex
Binondo, Manila
2.
Arrieta, Samano and Valencia

Rm. 777. Marilag Condominium
Mandaluyong City. Metro Manila
IMPORTANT:
Please hand in your notebook with this questionaire inserted
therein after folding it in half crosswise.
NO
NOTEBOOK
QUESTIONAIRE.
WILL
BE
ACCEPTED
WITHOUT
THIS

Question No. 1:
On the day of his arraignment, your client confided in you that he
in fact killed the victim for which he was being charged with murder.
You had been led to believe initially that he was just being framed and
that another person had committed the crime.
1)
How would you advise your client to plead?
2)
If he should refuse to heedyour advise, what course of
action would you pursue?
Answer:
1)
I would first inquire fully into the circumstances under
which he killed the victim. If I find out that he is guilty as charged, I
would advise him to plead guilty, after explaining to him his
constitutional rights and the import of plea of guilty.
2)
If he should refuse to follow my advice, I will still render
effective legal assistance to him. I will spare no effort to save him from
an unrighteous conviction and to present, by all fair and reasonable
means, every defense or mitigating circumstance that the law permits
to the end that he may not be deprived of life or liberty but by due
process of law legally applied.
Question No. 2:
Atty. Aguirre, as counsel de oficio for Boy Batongbakal, was able

to win an acquittal for Boy who was charged with robbery in band. A
year later, Atty. Aguirre discovered that Boy in fact had a lot of money
which he had been bragging was part of the loot in the crime for which
he was acquitted. Knowing that Boy could no longer be prosecuted on
the ground of double jeopardy, Atty. Aguirre sent him a bill for his
services as his counsel de officio.
Please give your reasoned comments
considerations involved, if any, in the above case.
on
the
ethical
Answer:
A counsel de oficio is a lawyer appointed by the court to defend
an indigent defendant in a criminal case. The lawyer designated as
counsel de officio cannot charge the indigent litigant for his
professional services. In a sense, there is no contract for legal services
between him and the defendant. In the absence of an express or
implied contract, there is no obligation to compensate. Suing his client
for attorneys fees might also involve a violation of the confidential
nature of a lawyer-client relationship.
Question No. 3:
The law firm of Rodriguez. Delfin and Zafra had been in existence
for almost 25 years and had built up an excellent reputation and a wellheeled clientele. Sometime last year, partner Zafra died of coronary
disease but Rodriguez and Delfin refused to drop his name from the
firm name.
May Rodriguez and Delfin insist on keeping the name of Zafra as
part of the firm name?
Answer:
Yes, they may continue to use the name of Zafra in the firm
name, provided that they indicate in all communications that he is
deceased. Rule 3.02, Canon 3 of the Code of Professional Responsibility
provides that the continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communication
that the said partner is deceased.
Alternative Answer:
They may keep the name of Zafra provided that the consent of
the heirs is obtained.
Question No. 4:
During the course of his cross-examination, your client had
testified to events and circumstances which you personally know to be
untrue. If his testimony was given credence and accepted as fact by
the court, you are sure to win your clients case. Under the Code of
Professional Responsibility, what is your obligation to:
a)
the court:
b)
your client;
c)
the public?
Answer:
a)
A lawyer shall not do any falsehood, nor consent to the
doing of any in court; nor shall he mislead or allow the court to be
misled by any artifice (Rule 10.01, Canon 10, Code of Professional
Responsibility). A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another (Rule 12.06, Canon
12);
b)
A lawyer who has received information that his client has.
in the course of the representation, perpetuated a fraud upon a person
or tribunal, shall promptly call upon his client to rectify the same, and
failing which he has to terminate the relationship with such client in
accordance with the Rules of Court (Rule 19.02, Canon 19. Code of
Professional Responsibility).
c)
A lawyer shall not engage in lawful, dishonest, immoral or
deceitful conduct (Rule 1.01. Canon 1. Code of Professional
Responsibility). A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal system (Rule
1.02, Canon 1).
Question No. 5:
The client with whom you have a retainer agreement had not
been paying you contrary to your stipulations on legal fees, even as
you continue to appear at hearings in his case. A Judgment was finally
rendered in your client's favor awarding him the real property in
litigation as well as a substantial amount in damages.
As the counsel who had not been paid, what steps can you take
to protect your interests?
Answer:
I will cause a charging lien for my fees to be recorded and
attached to the judgment insofar as it is for the payment of money in
damages. Then, I will have the right to collect my fees out of such
judgments and executions issued in pursuance thereof.
Question No. 6:
A verified complaint for disbarment was filed against Atty. Cruz
who was accused of misappropriating funds belonging to the
complainant. The matter was referred to the IBP which forthwith
conducted an investigation through its local chapter. During the
pendency of the investigation, the complainant filed an Affidavit of
Desistance claiming that Atty. Cruz had already reimbursed him for the
funds which he had accused him of unlawfully spending for his own
use. Atty. Cruz moved for the dismissal of the complaint.
As the hearing officer, how will you act on the motion of Atty.
Cruz?
Answer:
The desistance of a complaint in a disbarment proceed-ings or
his withdrawal of the charges against a lawyer does not deprive the
court of the authority to proceed to determine the matter. Nor does it
necessary result in the dismissal of the complaint, except when, as a
consequence of withdrawal or desistance. no evidence is adduced to
prove the charges. Since a disbarment proceeding is neither a civil nor
a criminal action but one presented solely for public interest, the fact
that the complainant and the respondent have considered the case
closed, is unimportant.
As hearing officer, 1 will deny the motion of Atty. Cruz and
continue the hearings.
Question No. 7:
JG, a known vagrant, was defended by Atty. Go in his trial for
robbery with homicide. After he had been convicted, he appealed to
reverse the decision of the court claiming that he was denied his
constitutional right to counsel when the court appointed Atty. Go as
counsel de officio inspite of his request to the court that he preferred

Atty. Concepcion whom he knew to be an excellent criminal lawyer.
Is JG correct?
Answer:
The accused is entitled to a counsel of his choice and a counsel
de officio may be appointed for him only if he has no counsel de parte.
In a case, the Supreme Court set aside the judgment of conviction
because the Court appointed a counsel de officio and the accused
insisted that he gets his own lawyer (People vs. Malunsing, 63 SCRA
793).
Alternative Answer:
JG is not correct. An accused is entitled to be assisted by counsel.
To constitute a violation of an accuseds right to counsel of his choice,
the accused must inform the trial court of his desire to be defended by
a counsel de parte and if a counsel de officio is appointed, he must
protest such appointment and the actuation of the counsel de officio.
otherwise he cannot rightly claim that his right was violated. Thus,
where a counsel de officio has been assigned to an accused on trial
and such counsel has acted without objection from the accused, the
latter's conviction cannot be set aside on the sole ground that said
counsel was not of his own choice (People vs. Solis, 128 SCRA 217).
The said ruling is applicable to this question. While JG expressed his
preference to be defended by Atty. Concepcion, he really did not object
to the appointment of Atty. Go until after his conviction. Be-sides, if
Atty. Concepcion was really the counsel of his choice, he should have
retained him as counsel de parte.
Question No. 8:
Atty. Queliza was convicted of qualified seduction. He was
subsequently disbarred at the initiative of the IBP. Before he could
complete the service of his sentence, he was given an absolute pardon
by the President. He thereupon petitioned the Supreme Court for
reinstatement to the practice oflaw as a legal and logical consequence
of the absolute pardon.
Is he entitled to reinstatement?
Answer:
An absolute pardon granted to a lawyer who has been previously

disbarred for conviction of a crime involving moral turpitude does not
automatically entitle him to reinstatement. The matter of his
reinstatement is still subject to the discretion of the Supreme Court. He
should still show by evidence aside from the absolute pardon that he is
now a person of good moral character, a fit and proper person to
practice law (In Re Rovero, 101 SCRA 797).
Question No. 9:
Deciding a case for malicious prosecution, Judge Sales awarded
attorney's fees and expenses of litigation, in addition to exemplary
damages, to the plaintiff.
1)
Did the judge act within his discretion in awarding
attorney's fees?
2)
As counsel for the plaintiff, are you entitled to receive the
attorney's fees thus awarded in addition to your stipulated legal fees?
Answer:
1)
A party may recover attorney's fees in cases of malicious
prosecution against him in an action for damages against the party
responsible therefore (Art. 2208 (3), Civil Code). But he must prove not
only that he was acquitted in the criminal action, but that the person
who charged him knowingly made a false statement of facts to induce
the prosecutor to prosecute or that the institution of the criminal action
was prompted by a sinister design to ves or humiliate him and to cast
upon him dishonor and disgrace.
2)
No. Attorneys fees in the concept or as an item of
damages is an indemnity for damages sustained by the client, and
belongs to him.
Question No. 10:
The law firm of Sale, Santiago and Aldeguer has an existing and
current retainership agreement with XYZ Corporation and ABC
Company, both of which were pharmaceu-tical firms. XYZ Corporation
discovered that a number of its patented drugs had been duplicated
and sold in the market under ABC Companys brand names. XYZ
Corporation turned to the law firm and asked it to bring suit against
ABC Company for patent infringement on several counts.
What are the ethical considerations involved in this case and how
are you going to resolve them?
Answer:
A lawyer may refuse to accept representation of a client if he
labors under conflict of interest between him and the prospective client
or between a present client and the prospective client (Rule 14.03.
Canon 14, Code of Professional Responsibility). It is unprofessional for a
lawyer to represent conflicting interests, except by express consent of
all concerned given after full disclosure of the facts (Canon 6, Canons
of Professional Ethics). A lawyer cannot accept a case against a present
client either in the same case or a totally unrelated case.
Question No. 11:
1)
May a client dismiss his lawyer at any time?
2)
May a lawyer withdraw as counsel at any time?
Answer:
1)
A client may dismiss his lawyer at any time with or without
cause because the relationship is one of trust and confidence.
2)
A lawyer may withdraw as counsel only with the consent
of the client and with leave of court, and only for good cause
enumerated in Rule 22.01.
Question No. 12:
Mindful that the law is a profession and not a trade or business,
what are the factors must you, as a lawyer, consider in charging
reasonable compensation for your services?
Answer:
a)
required;
The time spent and the extent of the services rendered or
b)
The novelty and difficulty of the questions involved;
c)
The importance of the subject:
d)
The skill demanded;
e)
The probability of losing other employment as a result of
acceptance of the preferred case;
f) The customary charges for similar services and the schedule of
fees of the IBP chapter to which he belongs;
g)
The amount involved in the controversy and the benefits
resulting to the client from the services;
h)
The contingency or certainty of compensation;
i)
The character of the employment, whether occasional or
established; and,
j)
The professional standing of the lawyer. (Rule 20.1, Canon
20, Code of Professional Responsibility)
Question No. 13:
In a civil case, the defendant discovered that the counsel for the
plaintiff used to be a member of the Judicial and Bar Council during
whose time the Judge presiding over the case was appointed and
confirmed. He filed a Motion to Inhibit the Judge on the ground that
the latter's ability to act independently and Judiciously had been
compromised and seriously impaired because of his utang na loob" to
the plaintiffs counsel.
If you were the judge, how would you rule on the Motion?
Answer:
I will deny the Motion for Inhibition because every judge is sworn
to uphold the decisions of cases in accordance with the law. The fact
that the judge was recommended by the JBC which has seven (7)
members and deliberated even confidentially does not make the judge
even morally indebted to the JBC member who may not even voted for
him.
Alternative Answer:
Section 1. Rule 137 of the Rules of Court provides specific
grounds where it is mandatory for a judge to be legally disqualified
from sitting in a case. None of those grounds is applicable in this case.
However, the same rule adds that the Judge may. In the exercise of
his sound discretion, disqualify himself from sitting in a case, for just
and valid reasons other than those mentioned above. The Supreme
Court has held that when a suggestion is made that a judge might be
induced to act in favor of one party and against another arising out of
circumstances capable of inciting such state of mind, he should
exercise his discretion in a way that the peoples faith in the courts of
justice is not impaired (Masadao & Elizaga Re Crim. Case No. 4954-M,
155 SCRA 72).
The fact that the counsel of one of the parties was a member of
the Judicial and Bar Council during the time that the judge was
appointed, would not by itself constitute sufficient ground for the judge
to inhibit himself. However, if there is a probability that a losing party
might nurture at the back of his mind the thought that the judge had
unmeritoriously tilted the scales of justice against him", it may be more
prudent for the judge to inhibit himself.
Question No. 14:
After a study of the records and deciding that plaintiff was
entitled to a favorable Judgment, Judge Reyes requested Atty. Sta. Ana,
counsel for the plaintiff, to prepare the draft of the decision. Judge
Reyes then reviewed the draft prepared by Atty. Sta. Ana and adopted
it as his decision for plaintiff. Judge Reyes saw nothing unethical in this
procedure as he would ask the other party to do the same if it were the
prevailing party.
Please comment on whether Judge Reyes' approach to decisionwriting is ethical and proper.
Answer:
This procedure of Judge Reyes is unethical because the judge is
duty bound to study the case himself; he must personally and directly
prepare his decisions and not delegate it to another person especially a
lawyer in the case (See Section 1. Rule 36, Rules of Court).
Alternative Answer:
In the case of Lantoria vs. Bunyi, 209 SCRA 528, a lawyer was
suspended for preparing drafts of decisions for a judge. The Supreme
Court held that this violated Canon No. 13 and Rule 13.01 of the Code
of Professional Responsibility which provide that:
CANON 13. - A lawyer shall rely upon the merits of his case and
refrain from any impropriety which tends to influence, or gives the
appearance of influencing the court."
Rule 13.01 -A lawyer should not extend extraordinary attention

or hospitality to nor seek opportunity for cultivating familiarity with the
judge."
Conversely, therefore, a judge should not ask lawyers of parties
to a case before him to draft his decisions. A judge should so behave
at all times as to promote public confidence in the integrity and
impartiality of the judiciary." (Rule 2.01, Code of Judicial Conduct)
Question No. 15:
While Atty. Ambo Lancia was on his way to office in Makati, he
chanced upon a vehicular accident involving a wayward bus and a
small Kia whose driver, a Mr. Malas, suffered serious physical injuries.
Coming to the succor of the badly injured Mr. Malas, Atty. Lancia drove
him to the nearest hospital. On their way to the hospital, Mr. Malas
found out that Atty. Lancia was a practicing lawyer. In gratitude for his
help, Mr. Malas retained Atty. Lancia to file suit against the bus
company and its driver.
If you were Atty. Lancia; would you accept the case?
Answer:
I will not accept the case if I were Atty. Lancia because it is
difficult to dismiss the suspicion that Atty. Lancia had assisted Mr.
Malas for the purpose of soliciting legal business. It is not clear from
the facts how Mr. Malas learned that Atty. Lancia was a practicing
lawyer. This could have happen only if Atty. Lancia introduced himself
as a lawyer. Moreover, Atty. Lancia may be utilized as a witness.
Alternative Answer:
Atty. Lancia should not also accept the case if it will involve his
having to testify as a witness for Mr. Malas.
NOTE: In preparing the forms for the following num-bers. USE ONLY
FICTITIOUS NAMES.
Question No. 16:
1)
2)
3)
a Jurat in an affidavit attesting to the loss of your drivers

license.
a certification that a copy of a decision is a true copy.
a verification in a petition for certiorari.
4)
Answer:
1)
an acknowledgment of a deed of sale involving two parcels

of land.
Jurat
SUBSCRIBED and sworn to befbre me. in the City of Manila,

this 28th day of September, 1994 by Jose de la Cruz with Community
Tax Certificate No. A-12345 issued at Manila on January 5. 1994.
PEDRO DE GUZMAN
Notary Public
Until December 31.
1994
Reg. No. 98
Page No. 45
Book No. 2
Series of 1994
2)
Certification that a copy of a decision is a true copy.

BRANCH 22
QUEZON CITY
CERTIFICATION
I, Editha S. Llanes. Clerk of Court, Branch 22, Regional Trial

Court, Quezon City, do hereby certify that the copy of the decision
hereto attached is a true copy of the original decision in Civil Case No.
3452 rendered by this court.
WITNESS MY HAND AND SEAL, this 28th day of September,
1994.
Editha S. Llanes
Clerk of Court
3)
Verification in a Petition for Certiorari

QUEZON CITY
}
}
S.S.
Ricardo de Leon, after being sworn in accordance with law.

deposes and says: That he is the petitioner in the above-entitled
petition: that he has caused the preparation of the above Petition for
Certiorari and has read and knows the contents thereof; that the
allegations therein are true of his own knowledge.
Ricardo de Leon
Affiant
SUBSCRIBED and sworn to before me, in Quezon City, this 28th
day of September, 1994 by Ricardo de Leon with Community Tax
Certificate No. A-9876 issued at Quezon City on Januaiy 7, 1994.
Pedro de Guzman
Notary Public
Until December 31,
1994
4)
Acknowledgment of a Deed of Sale Involving Two Parcels of
Land.
}
PROVINCE OF QUEZON
} S.S.
MUNICIPALITY OF CALAUAG
}
BEFORE ME. this 28th day September. 1994 in the Municipality of
Calauag, Province of Quezon. Philippines, personally appeared Juanito
Perez with Community Tax Certificate No. 1-9234 issued at Calauag.
Quezon, on January 6. 1994, and with Tax Identification No. 7865,
known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that the same is his free act
and deed.
This instrument relates to the sale of two parcels of land located
in Calauag, Quezon, and consists of four pages including the page on
which this acknowledgment is written, each and every page on which,
on the left margin, having been signed by Juanito Perez and his
witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 28th day of September. 1994. Calauag. Quezon.
Alberto A. Villanueva
Notary Public
Until
1994
December
31,
Reg. No. 112

Page No. 43
Book No. 2
Series of 1994
Question No. 1 7:
Prepare a negotiable promissory note.
Answer:
City of Manila, September 28, 1994
6,000.00
Thirty (30) days after date, I. Arturo M. Padilla, hereby promise to
pay to the order of Milagros Concepcion, the sum of six thousand
(6,000.00) Pesos (Philippine Currency).
(Sgd.) Arturo M. Padilla
Question No. 18:
Prepare a complaint for ejectment.
Answer:
MUNICIPAL TRIAL COURT
6TH JUDICIAL REGION
BRANCH 18
ROXAS CIT
Josefina D. Alejandro
Plaintiff,
765
versus
Civil Case
For:
Roberto T. Reyes,
Defendant,
x------------------------x
COMPLAINT
No.
Ejectment
COMES NOW the plaintiff, by the undersigned counsel, and unto

this Honorable Court, respectfully alleges:
1.
That the plaintiff is of age and a resident of 182 C. Garcia
St., Roxas City; while the defendant is also of age, with residence and
postal address at 58 Sta. Rosa St., Roxas City, where he may be served
with summons;
2.
That the plaintiff is the absolute owner and lessor of that
certain building located at 58 Sta. Rosa St., Roxas City, and now leased
and occupied by the defendant;
3.
That the defendant leases and occupies the said building
under the express obligation of paying a rent of 15.000 a month,
payable in advance within the first five (5) days of each month;
4.
That the defendant has not paid the rents for the said
building for the month of July and August of the current year;
5.
That the plaintiff has several times demanded of the
defendant to vacate the above premises and to pay his back rents,
now amounting to 30,000.00, the last demand for payment having
been made on him personally and in writing on September 15, 1994 or
more than five days before the filing of this Complaint;
6.
That this case has been referred to the Lupon Tagapayapa.
WHEREFORE, it is respectfully prayed that after due hearing,

judgment be rendered in favor of the plaintiff, and ordering the
defendant and all persons acting under him:
(a)
to vacate the leased premises and surrender the
same to the plaintiff;
(b)
to pay the plaintiff the sum of 30,000.00,

representing the arrears of rent now overdue, with
legal interest from the filing of this Com-plaint until
fully paid;
(c)
to pay the plaintiff the sum of 15.000.00 a month

from September, 1994, until he vacates the
premises; and
(d)
to pay the costs of this suit.
Roxas City, this 28th day of September, 1994.

Edward S. Lim
Attorney for the Plaintiff

Buyco Bldg., Mckinley St.
Roxas City
PTR No. 472, January 30,
1994
Roxas City
IBP No. 921, January 7, 1994
Roxas City
VERIFICATION
PROVINCE OF ROXAS
ROXAS CITY
}
}
}
S.S.
Joseflna D. Alejandro, after being sworn in accordance with law,

deposes and says: That she is the plaintiff in the above- entitled case;
that she has caused the preparation of the above Complaint and has
read and knows the contents thereof; that the allegations therein are
true of her own knowledge.
Josefina
Alejandro
D.
SUBSCRIBED and sworn to before me. in the City of Roxas. this

28th day of September, 1994 by Josefina D. Alejandro with Community
Tax Certificate No. A-2345 issued at Roxas City on January 4, 1994.
Lorenzo U. Dy
Notary Public
Until December
1994
PTR No. 47696
Roxas City
31.
Question No. 19:

Prepare an information for murder against three accused with
two aggravating circumstances.
Answer:
4TH JUDICIAL REGION

BRANCH 52
PUERTO PRINCESA CITY
People of the Philippines,
Plaintiff,
6785
- versus -
Crim.
Case
No.
For: Murder
Diosdado Avila. Agapito Luna and Aurelio Pena,

Accused.
x-------------------------------------------------------x
INFORMATION
The undersigned Public Prosecutor hereby accuses Diosdado
Avila, Agapito Luna and Aurelio Pena of the crime of MURDER,
That on or about the 8th day of July. 1994 in Brgy. San Miguel.
Puerto Princesa City. Palawan, Philippines, within the jurisdiction of this
Honorable Court, the said accused conspiring and confederating with
each other, and armed with deadly weapons, to wit: two large fan
knives and a bolo, did then and there, with malice aforethought and
with deliberate intent to take the life of Raymundo Dadores, did then
and there willfully, unlawfully, feloniously, and treacherously attack
and wound the latter in different parts of the body, inflicting upon him
two stab wounds on the left side of the breast and a large hack wound
on the neck, defendant Pena having stabbed Dadores while the latter
was being held by the arms by defendants Avila and Luna, and
defendant Luna then hacking Dadores on the neck as the latter was
falling to the ground, and as a result of his said wounds, Dadores
Immediately died.
Contrary to law.
Puerto Princesa, September 28, 1994
Rene A. Francisco
Public Prosecutor
WITNESSES:
Wilma R. Dadores
Edmundo C. Reyes
CERTIFICATION
I hereby certify that a preliminary investigation has been

conducted in this case under my direction, having examined the
witnesses under oath, and that a prima facie case exists and the
accused are probably guilty thereof.
Rene A. Francisco
Public Prosecutor
Bail Recommended:
Question No. 20:
Prepare a motion for consolidation of two cases filed in different
divisions of the Court of Appeals.
Answer:
COURT OF APPEALS
FOURTH DIVISION
MANILA
Juan de la Cruz,
Plaintiff-Appellee,
675
- versus Pedro Ramos,
Defendant-Appellant,
x---------------------------x
C.A.-G.R. C.V. No.
MOTION FOR CONSOLIDATION

Defendant-Appellant Pedro Ramos, through the under-signed
counsel, to the Honorable Court respectfully states:
1.
That this case is an appeal from the decision of the
Regional Trial Court of Manila in Civil Case No. 2345 for recovery of
possession of a parcel of land.
2.
That herein defendant-appellant is the appellee, and the
plaintiff-appellee is the appellant in a pending appeal before the Fifth
Division of this Honorable Court entitled Pedro Ramos vs. Jose Santos.
CA GR CV No. 567 which is an appeal from the decision of the Regional
Trial Court of Manila in an action for quieting of title over the same
property subject matter of this case.
3.
two cases.
That the same question of ownership is involved in these
4.
That in order to avoid different decisions from two
divisions of this Honorable Court, this case should be consolidated with
CAGR CVNo. 567, which bears the lowercase number.
WHEREFORE, it is respectfully
consolidated with CA GR CV No. 567.
prayed
that
this
case be
Manila, Philippines, September 28. 1994.

Arthur A Ocampo
Counsel for Appellant
54 Juan Luna St.,
Manila
IBP No. 987
Issued on Jan. 3, 1994
at Manila
PTR No. 456
Issued on Jan. 5, 1994
at Manila
Copy furnished:
Atty. Jorge Villareal
Counsel for the Appellee
S-304, ITC Building
337 Sen. Gil Puyat Avenue
Makati, Metro Manila

Question No. 1:
What is moral turpitude? Mention some crimes which involve
moral turpitude.
Answer:
Moral turpitude includes everything which is done contrary to

Justice, honesty, modesty, or good morals.
Some crimes which involve moral turpitude are robbery, rape,
estafa and falsification of document.
Question No.2:
A lawyer was prosecuted for rape. The charge, however, was
dismissed on reasonable doubt. The offended party subsequently filed
disbarment proceedings against the lawyer under the same facts upon
which the criminal charge was based. May the disbarment case
prosper? State your reasons.
Answer:
Yes. In In re: Del Rosario, 52 Phil. 399 the Supreme Court ruled
that the standards of the legal profession are not satisfied by conduct
which merely enables one to escape the penalties of criminal law. The
Supreme Court added that in acting on the disbarment case, the Court
sits in an entirely different capacity from that which it assumed in
trying the criminal case. If the act constitutes gross immorality, even if
the same act did not constitute the crime of rape, he may still be
disbarred. For as the Court in In re: Del Rosario. supra, stressed, it
would be a disgrace to the judiciary to receive one whose integrity is
questionable as an officer of the Court, to clothe him with the prestige
of its confidence, and then to permit him to hold himself out as a duly
authorized member of the bar.
Alternative Answer:
Yes, the disbarment proceeding may still prosper even if the
criminal case for rape is dismissed against the lawyer.
What is in issue in disbarment proceeding is the good moral
character of a lawyer. A criminal case is different from an
administrative proceeding for disbarment. The evidence required in a
criminal case is beyond reasonable doubt while in a disbarment
proceeding a mere clear preponderance of evidence to prove the
lawyer's bad moral character is sufficient to disbar him. Moreover, in
criminal cases desistance on the part of the complainant is sufficient to
dismiss the case. In disbarment proceedings, desistance or refusal of
the complainant to appear will not necessarily dismiss the proceeding
as long as there is evidence sufficient to find the guilt of the lawyer
which affects his good moral character.
Question No. 3:
What do you understand by Legal Ethics? Discuss its importance
and state its sources.
Answer:
Legal ethics is that branch of moral science which treats of the
duties that an attorney owes to the court, to his client, to his
colleagues, in the profession, and to society.
The sources of legal ethics are the Constitution, the Rules of Court,
some particular provisions of statutes, the Code of Professional
Responsibility and Judicial decisions.
Legal ethics is important in order to maintain a high moral
standard for the lawyer in performing his duties as an officer of the
court, his duties to his client, to the members of the legal profession as
well as to society. Lawyers wield so much power and influence in
society. Unless their acts are regulated by high norms of ethical
conduct they are likely to abuse them.
Question No. 4:
a)
Define "Amicus Curiae
b)
Distinguish Ambulance Chasing" from Barratry"
Answer:
1)
Amicus curiae literally means friend of the court. As amicus
curiae, a lawyer may volunteer or may be requested by the court to
appear to give information to the judge of the court on some doubtful
questions of law.
2)
Ambulance chasing is any act of improper solicitation of
cases such as fomenting litigation or instigating unnecessary lawsuits.
Barratry is an offense of exciting or stirring up suits and quarrels. Both
are improper and unethical acts of a lawyer. Ambulance chasing refers
more to a lawyer who instigates a victim in a mot or vehicle accident to
file a case. Barratry is any form of fomenting suit.
Question No. 5:
Your services as a lawyer were engaged by Manuel Jalandoni to

defend him from the charge of malversation of public funds before the
Sandiganbayan. Manuel confessed to you that he actually
misappropriated the amount out of extreme necessity to pay for the
emergency operation of his wife.
Will you agree to defend him? State your reasons.
Answer:
Yes, I will agree to defend Manuel Jalandoni even if he admitted
to me that he malversed public funds. A lawyer has the duty to defend
an accused even if he knows that he is guilty - at least to defend his
rights. He might be able to find some mitigating or extenuating
circumstances. Moreover, it is not the lawyer who shall decide whether
the accused is guilty. It is the task of the Judge.
Question No. 6:
What do you understand by practice of law"?
Answer:
Generally, to engage in the practice of law is to do any of those
acts which are characteristics of the legal profession. It embraces any
activity, in or out of court, which requires the application of law, legal
principle, practice or procedure and calls for legal knowledge, training
and experience. It involves the carrying on of the calling of an
attorney, usually for gain, acting in a representative capacity and
rendering service to another. Engaging in the practice of law
presupposes the existence of an attorney-client relationship. Hence,
where a lawyer undertakes an activity which requires knowledge of law
but involves no attorney-client relationship, such as teaching law or
writing law books or articles, he cannot be said to be engaged in the
practice of his profession as a lawyer.
Alternative Answer:
Practice of law is understood in two senses, namely (1) as a
qualification for a position in the government service and (2) as a
habitual act of a lawyer in contrast to the term of unauthorized
practice of law. In the first sense it is under-stood as now defined by
the Supreme Court in Cayetano vs. MonsocL 210SCRA210, as any
activity, in or out of the court, which requires the application of law,
legal procedure, knowledge training and experience. (2) Practice of law
in the second sense implies customarily or habitually holding one's self

out to the public, as a lawyer, for compensation as a source of
livelihood or in consideration of his service. Hence, an individual who
has not been admitted to the bar performs legal services for
compensation is engaged in unauthorized practice of law.
Question No. 7:
Prepare a hypothetical complaint for Unlawful Detainer with
complete caption.
Answer:
Branch I
Manila
Pedro Sison
Plaintiff,
Civil Case No. 5
- versus For Unlawful Detainer
COMPLAINT
Comes now the plaintiff through the undersigned counsel and to
the Honorable Court alleges;
1.
Plaintiff Pedro Sison, is married, Filipino citizen and
residing at No. 450 Palacio, Manila while defendant is a Filipino citizen,
married and residing at No. 396 Mercedes Street, Manila where he may
be served with summons.;
2.
That plaintiff is the owner of a land over which an
apartment had been constructed, located at 436 Rizal Avenue, Manila;
3.
That by virtue of a contract of lease, plaintiff leased unto
the defendant the aforesaid apartment for a consideration of P5.000
(Five Thousand Pesos) a month as rental to be paid within the first ten
days of each month starting January 1. 1993.
4.
That defendant failed to pay the agreed rental for several
months starting from April 1993 up to the present;
5.
That on May 2. 1993, plaintiff sent a letter of demand to
vacate the apartment which was received by the defendant as shown
in the registry return receipt hereto attached;
6.
That despite said letter of demand which was repeated by
oral demands defendant failed and still refused to pay the agreed
amount of rentals and to vacate the apartment;
7.
That by reason of the failure of the defendant to vacate
the premises and to pay the unpaid rentals, plaintiff was compelled to
file this complaint engaging the services of counsel in the amount of
PI0, 000.
WHEREFORE, it is respectfully prayed that judgment be rendered
ordering the defendant to vacate the premises to pay the unpaid
monthly rentals in the amount of P50.000 and further rentals until the
said defendant fully vacates the premises and to pay the costs of the
suit.
Plaintiff prays for such other remedy as this Honorable Court may
deem just and equitable.
Manila. Philippines. September 26. 1993.
JUAN PEREZ
Counsel of the Plaintiff
No. 1 Perez Street,
Manila
PTR No.
IBP O.R. No.
VERIFICATION
I, Pedro Sison, am the plaintiff who caused the above complaint
to be filed and the allegations therein are true and correct.
PEDRO SISON
Subscribed and sworn to before me this 28th day of September

1993 in the City of Manila. Affiant has exhibited to me his Res. Cert.
No. 89357 issued at Manila on Feb. 2. 1993.
JUAN PEREZ
Notary Public
My Commission
expires Dec. 31.
1993
Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 1993.
Question No. 8:
Prepare a hypothetical criminal information for Homicide with
complete caption.
Answer:
Branch II
Manila
Plaintiff,
- versus -
Criminal Case No. 7

For: Homicide
DANILO PARAS,
Defendant
INFORMATION
The undersigned fiscal charges Danilo Paras of the crime of
homicide committed as follows:
That on or about August 10, 1993
in the City of Manila, the said accused did then and there willfully,
unlawfully and feloniously, with intent to kill, fire his 45 caliber gun
upon Ricardo Santos inflicting on him mortal wounds which
immediately caused the death of the said Ricardo Santos.
Contrary to law.
Domingo Velez
Assistant Fiscal
CERTIFICATION OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case had
been conducted by me in accordance with law; that I have examined
the complainants and their witnesses; that there is reasonable ground
to believe that the offense charged had been committed; that the
accused is probably guilty thereof; that the accused was informed of
the offense charged and was given the opportunity to submit
controverting evidence; and that the filing of this information is with
the prior authority and approval of the City Fiscal.
DOMINGO VELEZ
Assistant Fiscal
SUBSCRIBED AND SWORN to before me on this 2nd day of May
1993 in the City of Manila. Philippines.
JOSE PEREZ
City Fiscal
List of Witnesses
Bail Recommended: P20.000.
Question No. 9:
Atty. Santiago was disbarred by a resolution of the Supreme
Court. Five years later. Atty. Santiago filed a petition for reinstatement,
alleging that he had reformed, and that he had been sufficiently
punished and disciplined. However, no action was taken on the
petition. In the meantime, in a proceeding for the probate of his
fathers will, Atty. Santiago filed a formal opposition on his own behalf
and sought to establish that the will was a forgery and that the
deceased died intestate. His co-heirs questioned "his appearance citing
his disbarment.
May the appearance of Atty. Santiago be allowed? State your
reason.
Answer:
Atty. Santiago can properly represent himself as oppositor in the

probate of the will of his father. While he has been disbarred from
practice and has not been reinstated to practice law, he can properly
represent himself because representing himself is not practice of law.
Rule 138, Section 34 of the Rules of Court allows an individual litigant
to conduct his litigation personally. It means that he can do everything
in the defense of his rights in the said case. The prohibition against the
practice of law by a layman or a disbarred lawyer is not in conflict with
the right of an individual to defend or prosecute a cause in which he is
a party. An individual has long been permitted to manage, prosecute
and defend his own action, but his representation on his behalf is not
considered to be the practice of law. One does not practice law by
acting for himself any more than he practices medicine by rendering
first aid to himself. For this reason, an attorney who is otherwise
disqualified to practice law or has been disbarred or suspended from
practice, can validly prosecute or defend his own litigation, he having
as much right as that of a layman in that regard.
Question No. 10:
Atty. Reyes, in his Memorandum filed with the Regional Trial
Court, used disrespectful and threatening language against the Court
for which he was summarily ordered to pay P200.00 fine or in case of
default, to suffer 10 days imprisonment. Atty. Reyes challenged the
Order claiming that there was no formal charge against him and. that if
there was any contempt at all, it was only indirect contempt, the act
having been done away from the Court and not in or near the Judges
presence as to interfere in the proceedings before the Court.
What can you say about the lawyer's arguments? Explain.
Answer:
The lawyer's argument is without merit. The disrespectful and
threatening language in a memorandum or pleading filed with the
Court constitutes direct contempt and can therefore be punished
summarily, as the same consists of misbehavior in the presence of the
Court. A lawyer who uses in his pleading words that tend to degrade
the court or bring it into disrepute commits contempt of court. Thus, a
lawyer has been cited and punished for contempt in facie for
describing the decision of a court as absolutely erroneous, an outrage
to the right of a litigant and a mockery of the popular will; charging the
high tribunal of erroneously interpreting the law. exhibiting
incompetence and narrow mindedness and deliberately committing
many blunders and injustice; accusing the court of repeatedly falling
into the pitfall of blindly adhering to its previous erroneous

pronouncements; imputing irregularity in the internal procedure of the
Supreme Court and laxity in similar matters; calling the minute
resolution of the Supreme Court an unjust judgment and ridiculing the
members thereof as blind, deaf and dumb; and resorting to veiled
threat by mentioning the provisions of the Revised Penal Code on
knowingly rendering unjust judgment.
Question No. 11:
What is the rule on the appointment of counsel de officio for an
accused who was convicted by the Regional Trial Court and is desirous
of appealing from the judgment of conviction?
Answer:
If an accused is found guilty by the trial court and makes his
intention to appeal the decision, the appellate court may appoint a
counsel de oficio if it is shown by a certificate of the clerk of court that
(a) the defendant is confined in prison and not able to file a bail bond
(b) he is without means to employ an attorney de parte and (c) he
desires to be represented by an attorney de oficio. An appellant who is
not confined in prison is not entitled to an attorney de oficio unless a
request is made within ten days from notice to file the appellants brief
and the right thereto is established by affidavit of poverty (Rule 122,
Sec. 13. Rules of Court)
Question No. 12:
What is the meaning of the phrase a lawyer representing
conflicting interests? Why is it forbidden by Canon 6 of the Canons of
Professional Ethics?
Answer:
The phrase a lawyer representing conflicting interests" means
that he acts as counsel for a person whose interest conflicts with that
of his present or former client or accepts employment from a party in
the performance of which he may be forced to act in a double capacity
or be suspected of divided loyalty. The reason for the prohibition is
found in the relation of attorney and client, which is one of trust and
confidence of the highest degree. A lawyer becomes familiar with all
the facts connected with his client's case. He learns from his client the
weak points of the action as well as the strong ones. Such knowledge
must be considered sacred and guarded with care. No opportunity

must be given him to take advantage of the clients secrets. A lawyer
must have the fullest confidence of his client. For if the confidence is
abused, the profession will suffer by the loss thereof.
Question No. 13:

Atty. Cua wins a case involving a donation mortis causa. Afterwards,
she discovers, and is convinced, that the Deed of Donation was
falsified, and that it was her client who did the falsification. If you were
Atty. Cua. what would you do? Explain.
Answer:
If I were Atty. Cua. I would resign as his lawyer. The question as
to whether the attorney should disclose the falsification to the court or
to the prosecuting attorney Involves a balancing of loyalties. One
ethical rule states that counsel upon the trial of a cause in which
perjury has been committed owes it to the profession and the public to
bring the matter to the knowledge of the prosecuting authorities".
Another ethical rule provides that when a lawyer discovers that some
fraud or deception has been practiced, which is unjustly imposed upon
the court or a party, he should endeavor to rectify it; at first by
advising his client, and if his client refuses to forego the advantage
thus unjustly gained. he should promptly inform the injured person or
his counsel, so that they may take appropriate steps". A literal
application of these ethical injunctions requires the disclosure of the
falsification. On the other hand, the attorneys duty to keep Inviolate
the client's confidence demands that he refrain from revealing the
clients wrong-doing, the same being a past offense. Resigning as a
lawyer will enable the lawyer to observe such loyalties. If the decision
is already final, as a lawyer. I would advise my client to withdraw any
claim on the donation mortis causa and have the property be given to
the rightful owner of the property the subject matter of the donation.
This action is in compliance with my duty as a lawyer to assist in
the administration of justice and in compliance of my oath; I will do no
falsehood, nor consent to the doing of any in court; that I will not
wittingly or willingly promote or sue any groundless, false and or
unlawful suit, nor give aid nor consent to the same.
Question No. 14:
The Faculty of the College of Law of the University of the

Philippines pleaded for compassion on behalf of Atty. Juan Santos. The
Supreme Court had earlier found Atty. Santos guilty of grave
professional misconduct and imposed upon him an indefinite
suspension, leaving it to him to prove at some future and opportune
time that he shall have once again regained the fitness to be allowed
to resume the practice of law as an officer of the court."
Is the plea of the Faculty for Atty. Juan Santos well taken?
Explain.
Answer:
The plea of the Faculty of Law of the University of the Philippines
asking compassion on behalf of Atty. Juan Santos is not well taken.
In order that a lawyer who was disbarred can be reinstated, he
must show with convincing proof that he has good moral character
acquired through positive efforts, honorable dealings and moral
reformation as to be fit to practice law again. Mere allegation of
compassion for a lawyer 1s not sufficient. In one decision of the
Supreme Court, in order that a disbarred lawyer can be reinstated, he
must prove his good moral character as if he is applying for admission
to the bar.
Question No. 15:
Having lost in the Regional Trial Court and then in the Court of
Appeals, Atty. Mercado appealed to the Supreme Court. In a minute
resolution, the Supreme Court denied his petition for review for lack of
merit. He filed a motion for reconsideration which was also denied.
After the judgment had become final and executory, Atty. Mercado
publicly criticized the Supreme Court for having rendered what he
called an unjust judgment, even as he ridiculed the members of the
Court by direct insults and vituperative innuendoes. Asked to explain
why he should not be punished for his clearly contemptuous
statements, Atty. Mercado sets up the defense that his statements
were uttered after the litigation had been finally terminated and that
he is entitled to criticize Judicial actuations.
Is Atty. Mercado's contention tenable? Explain.
Answer:
Atty. Mercados contention is not tenable. While he is free to

criticize the decision itself, he is not at liberty to call said judgment an
unjust Judgment and to ridicule the members of the court. It is one
thing to analyze and criticize the decision itself, which is proper, and it
is another thing to ridicule the members of the court, which is wrong.
The right of a lawyer to comment on or criticize the decision of a judge
or his actuations is not unlimited. It is the cardinal condition of all such
criticism that it shall be bona fide, and shall not spell over the walls of
decency and propriety. A wide chasm exists between fair criticism, on
the one hand, and abuse and slander of courts and judges on the
other. A publication in or outside the court tending to impede, obstruct,
embarrass or influence the courts in administering Justice in a pending
suit, or to degrade the courts, destroy public confidence in them or
bring them in any way into disrepute, whether or not there is a pending
litigation, transcends the limits of fair comment. Such publication or
intemperate and unfair criticism is a gross violation of the lawyers
duty to respect the courts. It is a misconduct that subjects him to
disciplinary action.
Question No. 16:
Huey Company and Dewey Corporation are both retainer clients
of Atty. Anama. He is the Corporate Secretary of Huey Company. He
represents Dewey Corporation in three pending litigation cases. Dewey
Corporation wants to file a civil case against Huey Company and has
requested Atty. Anama to handle the case.
1)
What are the options available to Atty. Anama? Explain
your answer.
2)
If you were Atty. Anama, which option would you take?
Explain.
Answer:
1)
The options available to Atty. Anama are:
a) To decline to accept the case because to do so will

constitute representing conflicting interests. It is unethical for a
lawyer to represent a client in a case against another client in
the said case.
b) To accept to file the case against Huey Company, after
full disclosure to both retained clients and upon their express and
written consent. The written consent may free him from the
charge of representing conflicting interests, because written
consent amounts to a release by the clients of the lawyers

obligation not to represent conflicting interests.
2)
If I were Atty. Anama, I will choose the first option and
inhibit myself in the case as both entities are my clients. The conflict of
interests between the contending clients may reach such a point that,
notwithstanding their consent to the common representation, the
lawyer may be suspected of disloyalty by one client. His continuing to
act in a double capacity strikes deeply in the foundation of the
attorney- client relationship.
Question No. 17:
1)
You are a young, brilliant and promising lawyer.
Unfortunately, these qualities do not seem to attract as many clients
as you wish. Your friend suggested that you advertise. He Just arrived
from the United States and had seen print and television
advertisements of lawyers. What kind of advertising, if any, can you
do? Explain your answer.
Answer:
I would not take the advise of my friend suggesting that I
advertise my talent as a lawyer both in print or in the television. Canon
3 of the Code of Professional Responsibility provides that a lawyer in
making known his legal services shall use only true, honest, fair and
dignified and objective information.
2)
Atty. Thess Tuazon writes a regular column in a newspaper
of general circulation, as well as legal articles in a leading magazine.
Her by-line always Includes the name of her law firm where she is a
name partner. Would you consider this as improper advertising?
Explain.
Answer:
I would consider putting the by-line under the name of her law
firm improper. It is an indirect way of advertising her law firm. Naming
her law firm achieves no other purpose than to inform the public and
possible clientele of the existence of her law firm and of her being
actively engaged in the practice of law.
Question No. 18:
Atty. Juan de la Cruz, counsel for Genato Subdivision. Inc. filed a

complaint against Atty. Pedro Santos. Register of Deeds of Tacloban
City, for the latter's irregular actuations with regard to the application
of Genato Subdivision. Inc. for registration of 100 pro forma Deeds of
Absolute sale with Assignment of lots in its subdivision. After
investigation of the complaint, the Secretary of Justice found
respondent Register of Deeds guilty of Grave Misconduct and
recommended to the President of the Philippines that the Register of
Deeds be dismissed from the service with forfeiture of all benefits and
with prejudice to re-employment in any government office.
The President approved the recommendation and dismissed the
Register of Deeds.
Less than two (2) weeks after filing his complaint against the
Register of Deeds. Atty. Juan de la Cruz also filed with the Supreme
Court a disbarment complaint against said respondent.
May the former Register of Deeds, as a lawyer, be also
disciplined by the Supreme Court for his malfeasance as a public
official? Explain.
Answer:
Yes, the Supreme Court may disbar the Register of Deeds as a
lawyer. The facts of the question is similar to the case of Collantes vs.
Renomeron. 200 SCRA 584 where a Register of Deeds was dismissed
by the Secretary of Justice and was also disbarred for the same
offense. The court said that the lawyer as a public official had
demonstrated his unfitness to practice the high and noble calling of the
law.
Question No. 19:
What is legal is moral. State your comment on the correctness
or incorrectness of this proposition.
Answer:
The statement is not necessarily correct. There are several acts
of a lawyer which may be legal but not necessarily moral. This is
precisely the purpose of legal ethics which governs the ethical and
moral behavior of a lawyer.
Question No. 20:

Atty. Vidal, a semi-retired Metro Manila law practitioner, has a cattle
ranch in the remote municipality of Carranglan, Nueva Ecija. He
attends to his law office in Manila on Mondays, Tuesdays and
Wednesdays, and spends the rest of the week in his cattle ranch riding
horses and castrating bulls.
In a criminal case pending before the Municipal Trial Court of
Carranglan. the only other licensed member of the Bar is representing
the private complainant. The accused is a detention prisoner. The
judge wants to expedite proceedings.
1)
What must the judge do to expedite proceedings.
2)
If Atty. Vidal is appointed to act as counsel de oficio for the
accused, could he refuse by saying that in the province, he does not
want to do anything except ride horses and castrate bulls? Explain.
Answer:
1)
The judge may appoint Atty. Vidal as counsel de oficio in
order to expedite the proceedings. This is especially because the
accused is a detention prisoner who is presumed to be indigent and
cannot retain a paid counsel.
2)
Atty. Vidal cannot validly refuse the appointment as
counsel de oficio. While it is true that he stays in the province to rest
during the latter part of the week as lawyer he must comply with his
oath to assist in the administration of justice. This is precisely one of
the objectives of the Integrated Bar which is to compel all lawyers
whether in the active practice or not to comply with their obligation to
assist in the administration of justice.
1992 BAR EXAMINATIONS

Question No. 1:
Atty. V. Suarez represented Altamarino in an ejectment case
against Orbido. Judgment was rendered in favor of Altamarino and
Orbido vacated the property forthwith. Subsequently, a case for
annulment of Altamarino's title over the property subject of the
ejectment case was filed by Orbido who is now represented by Atty.
Suarez. Altamarino filed a motion for the disqualification of Atty. Suarez
for representing conflicting interests as the latter was his lawyer in the
ejectment case against attorney and client relationship between her
and Altamarino had already terminated and that she did not obtain any
confidential information regarding Altamarino's title in handling the
ejectment case, which is different from the present case for annulment
of title.
Rule on the motion for disqualification of Atty. Suarez.
Answer:
The motion for the disqualification of Atty. Suarez should be
granted.
Atty. Suarez violated Canon 14, Rule 14.02, prohibiting lawyers
from appearing for conflicting interests. Atty. Suarez is opposing his
former client in a related suit. Although the ejectment case had already
terminated in favor of Altamarino who was his client, he had already
acquired information concerning the ownership of the property. An
attorney who appears for opposing clients in the same or related action
puts himself in that awkward position where he will have to contend in
behalf of one client that which he will have to oppose on behalf of the
other client. He cannot in all situations give disinterested advice to
both clients.
Alternative Answer:
Atty. Suarez is not disqualified on the ground of conflicting
Interest. It is true that the employment of a lawyer in a subsequent
case involving a former client would result in a conflicting Interest if
the two cases are related. In the present case however, the two cases
are not related. An ejectment case involves issue of physical
possession (possession de facto): whereas the second case involves a
question on the issue of ownership or title.
Question No. 2:
Prosecutor Daniel Marquinez was assigned to handle a case for
homicide. After interviewing the witnesses for the prosecution and
asking them to narrate to him the incident that caused the death of the
victim, he came to the conclusion that the accused was really guilty.
However, the version of one eyewitness showed that the accused
acted in self- defense.
If you were the prosecutor, would you place said eyewit-ness on
the witness stand? Why?
Answer:
Under the ordinary rules on trial technique, the prose-cutor
should not place the eyewitness on the witness stand.
However, based on the real mission of a lawyer which is to assist
the court in the administration of justice, the prosecutor is bound to
present the eyewitness in order that the court can properly appreciate
the evidence and to decide on the real merit of the case.
A public prosecutor is a quasi-judicial officer. He is the representative
not of an ordinary party to a controversy, but of a sovereignty whose
obligation to govern impartially is as compelling as its obligation to
govern at all and whose interest, therefore, in a criminal prosecution is
not that it shall win the case but Justice shall be done. A prosecutor
complies with his mission as a lawyer even if the man he is prosecuting
is acquitted in accordance with law and Justice.
Canon 6. Rule 6.01 of the Code of Professional Responsibility
provides that the primary duty of a lawyer engaged in public
prosecution is not to convict but to see that Justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible and
is cause for disciplinary action.
Alternative Answer:
If I were the prosecutor. I would not present this eyewitness. This
does not involve suppression of evidence. It is true that a public
prosecutors primary duty is not to convict but to do Justice and it is
unethical for a prosecutor to conceal evidence that is favorable to the
accused. In the present case, however, the prosecutor considered the
testimony of several witnesses and came to the conclusion that the
accused was really guilty. Clearly, the prosecutor did not find need of
the testimony of the eyewitness who said that the accused acted in
self-defense. A lawyer or a prosecutor is not duty-bound to present a
witness whose credibility is in doubt.
Question No. 3:
Atty. Herminio de Pano is a former Prosecutor of the City of
Manila who established his own law office after taking advantage of the
Early Retirement Law. He was approached by Estrella Cabigao to act as
private prosecutor in an estafa case in which she is the complainant. It
appears that said estafa case was investigated by Atty. de Pano when
he was still a Prosecutor.
Should Atty. de Pano accept employment as private prosecutor in
said estafa case? Explain.
Answer:
Atty. de Pano should not accept the employment as private
prosecutor as he will be violating Canon 6, Rule 6.03 of the Code of
Professional Responsibility which provides that a lawyer shall not, after
leaving government service, accept employment in connection with
any matter in which he had intervened while in said service.
The restriction against a public official from using his public
position as a vehicle to promote or advance his private interests
extends beyond his tenure on certain matters which intervened as a
public official.
Question No. 4:
Atty. Belle Montes is a former partner in the Rosales Law Office
which is representing Corporation X before the Securities and
Exchange Commission. Atty. Montes who is now practicing on her own,
entered her appearance as counsel for Corporation Y in a suit between
said corporation and Corporation X. Atty. Montes claims that since she
did not personally handle the case of Corporation X when she was still
with the Rosales Law Office she will not be representing conflicting
interests.
Is such argument valid? Explain.
Answer:
Atty. Belle Montes will be deemed to be appearing for conflicting
interests if she appears for Corporation Y against Corporation X.
This question is similar to the case of Philippine Blooming Mills
vs. Court of Appeals, November 1989. In said case, the Philippine
Blooming Mills was the retainer of the ACCRA Law Office. Three lawyers
of the ACCRA Law Office separated from said law firm and established
their own law office. The three lawyers were disqualified from
appearing for a corporation against the Philippine Blooming Mills.
The rule prohibiting appearing for conflicting interests applies to
law firms. The employment of one member of a law firm is considered
as an employment of the law firm and that the employment of a law

firm is equivalent to a retainer of the members thereof.
Question No. 5:
Judge Dino was transferred to the Regional Trial Court of Pasig
after serving as Judge of the Regional Trial Court in Sorsogon. Delighted
with her transfer, she immediately assumed her new post. However,
she brought with her the records of five cases which were completely
heard by her in her former assignment and already submitted for
decision. Thereupon, she prepared the decision in said five cases, by
registered mail to her former Clerk of Court. One of the losing parties
questioned the authority of Judge Dino in deciding the cases after her
transfer to Pasig.
Are the decisions rendered by Judge Dino in the five cases valid?
Why?
Answer:
The decisions are valid considering that the Regional Trial Court
in Sorsogon is co-equal with that of the Regional Trial Court of Manila. It
is assumed of course that the five cases were already submitted for
decision at the time Judge Dino transferred to Manila (Valentin v. Sta.
Maria, 55 SCRA 40).
Alternative Answer:
Judge Dino can decide the five (5) cases as ruled in Valentin v.
Sta. Maria (55 SCRA 40) which abandoned the earlier ruling in People v.
Soria (22 SCRA 948)
Question No. 6:
Glicerai Magat who works as a clerk typist in the Dimakali Law
Office wrote a letter to the Supreme Court accusing her employer Atty.
Dimakali of violating her honor several times. He would invite her to go
out an official business only to bring her to Regina Court, a motel in
Ermita. There he would force his desires on her. Whenever she
remonstrated and fought him, he would threaten to dismiss her. She
asked the Supreme Court to disbar that monster lawyer who thinks
nothing of violating the honor and purity of virgins like me.
1)
Is there any ground for disciplining Atty. Dimakali? Explain.
2)
Suppose Atty. Dimakali is the Head of the Legal Division of
the Department of Agrarian Reform. Under the foregoing set of facts,
would you advice Ms. Magat to take the same action, that is, ask the
Supreme Court to disbar her lawyer boss? Explain your answer.
Answer:
1)
Yes, there is a ground for disciplining Atty. Dimakali for his
immoral behavior and abuse of his authority in his lady clerk-typist.
This is a plain sexual harassment.
2)
Yes, I would advise Ms. Magat to take the same action with
the Supreme Court. It has been ruled in Collantes vs. Ronomeron, 200
SCRA 584.
Canon 6 of the Code of Professional Responsibility also applies to
lawyers in the government service.
Question No. 7:
Atty. Cecilio Hilado, a member of the Sangguniang Panlalawigan
of Bohol, was engaged by Irene Gemora as counsel in a case for
malversation of public funds which she filed against City Treasurer
Paulino Alvarez. When Hilado accepted the case, City Treasurer Alvarez
filed an administrative case against Hilado for practicing law in
violation of Sec. 7 of Republic Act No. 6713 (Code of Conduct and
Ethical Standards for Public Officials and Employees) which inter aha
states that: (b) Public officials, during their incumbency shall not . . .
(2) Engage in the private practice of their profession unless authorized
by the Constitution or law. .
Hilado then filed a Motion to Dismiss on the Ground that 1) he is
very selective in accepting cases and appears in court only outside of
session hours of the Sangguniang Panlalawigan; and 2) in any event, it
is the Supreme Court alone, under Art. VIII, Sec. 5 of the Constitution
that has the power to promulgate rules concerning pleading, practice
and procedure in all courts ..."
How valid are the arguments of Hilado? Resolve the case.
Answer:
The arguments of Atty. Hilado are not valid.
1.
Atty. Hilado should not appear in said case which involves a
criminal prosecution of a city treasurer.
Section 90 (b) (2) of the Local Government Code provides:

Sec. 90. Practice of profession. - x x x
b)
Sanggunian members may practice their professions,
engage in any occupation, or teach in school except during session
hours; Provided, that Sanggunian members who are also members of
the Bar shall not:
XXX
(2) Appear as counsel in any criminal case wherein an
officer or employee of the national or local government is
accused of an offense committed in relation to his office.
In fairness to the examinee, this question is not proper in legal
ethics as it is governed by the Local Government Code.
2.
While it is true that it is the Supreme Court that promulgates
rules concerning pleading, practice and procedure, the matter in
question involves administrative law governing public officials
prohibiting practicing law while holding a public office in criminal cases
as provided in the aforesaid Section 90 of the Local Government Code.
Question No. 8:
A complaint was filed with the Integrated Bar of the Philippines
(IBP) by Mrs. Remy Rozon against Atty. Matapobre asking that the latter
be suspended from the practice of law indefinitely for being a notorious
usurer and for filing groundless suits for various sums of money against
his victims.
Mrs. Rozon described the modus operandi of respondent thus:
Matapobre would require a prospective borrower to execute a
promissory note in bank and simultaneously open a checking account
in a bank, if he has none at the moment. Then Matapobre would fill up
the notes showing the principal, as well as the interest rate at 10% a
month or 120% per annum, plus other charges and attorneys fees.
Before maturity of the checks, Matapobre would inquire from the
debtor whether his deposit is already funded. If he answers in the
negative, which was more often than not, Matapobre would
magnanimously assure the debtor that he would forgo presentment of
the checks as long as the debt is paid. However, the moment the debt
falls due, regardless of whether the checking account is funded,
Matapobre would insist on payment. If none is forthcoming, Matapobre

would file a criminal case against the delinquent debtor for issuance of
a bouncing check in violation of Batas Pambansa Big. 22. Mr. Rozon
declared that Matapobre, having victimized several persons and
pushed them to the brink of penury, has acquired the reputation of
being a loan shark, it was only she who had the courage to file charges
against the lawyer/ usurer.
During the investigation before the IBP, Matapobre interposed
the following defenses: 1) he cannot possibly be charged with usury
since the Usury Law has been virtually repealed and the Central Bank
allows the Imposition of any rate of interest; 2) even assuming that he
charges usurious" rates of interest, the debtor freely assumes the
obligation; 3) the charges being preferred against him concern his
personal conduct and has nothing to do with the practice of his
profession; and 4) the IBP has no jurisdiction over his acts, personal or
professional. If at all, it is only the Supreme Court that can discipline
him.
How do you dispose of Matapobres arguments? Rebut each one
in sequence.
Answer:
1.
What is in issue in this question is not the violation of the
Usury Law but the action of Attorney Matapobre in taking undue
advantage of borrowers to make it appear that the Bouncing Check
Law was violated by his victims. Certainly it is grossly immoral for the
lawyer to manipulate the transactions which resulted in charging
excessive rates of interests on loans and later threatening them with
violation of the Bouncing Check law.
Canon 1, Rule 1.01 provides that a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct.
2.
It is not altogether true that the borrowers freely assumed
the obligation as it was the lawyer himself who drafted and
manipulated the documents and made the borrowers sign them which
they did not fully comprehend.
3.
The lawyer is liable even for acts not connected in his
legal profession.
4.
The IBP has jurisdiction to investigate the case through the
Grievance Committee under Rule 139 (b) of the Rules of Court.
Question No. 9:
In connection with a sensational criminal case, the Public
Relations Officer of the All-Judges Association, Inc. issued two press
releases, one stating that the trial judge should not have granted ball
to the accused since evidence of guilt was strong and the other, calling
upon said judge to inhibit himself from trying the case since he did not
exhibit the cold neutrality of an impartial judge in ruling upon certain
motions.
Comment on the actuations of the Public Relations Officer who is
presumably authorized by the Association.
Answer:
The actuations of the Public Relations Officer of the All- Judges
Association is improper. What the All-Judges Association should do is to
report the matter to the Supreme Court and file the proper charges.
The Supreme Court may refer the matter for investigation to a Justice
of the Court of Appeals.
The issuance of the press release is in violation of the rule that
charges and investigations against Judges should be confidential in
character and should not be published.
The Public Relations Officer can even be held in contempt of
court.
Furthermore, Rule 2.04 of the Code of Judicial Conduct states
that a Judge shall refrain from influencing in any manner the outcome
of litigation or dispute pending before another court or administrative
agency."
Rule 3.07 of the same Code states that a judge should abstain
from making public comments on any pending case and should require
similar restraint on the part of court personnel."
Question No. 10:
The Court of Appeals affirmed the judgment of conviction of Atty.
Gancho for violation of B.P Big. 22 and likewise suspended him
indefinitely from the practice of law. There-upon Atty. Gancho filed a
Motion for Reconsideration assailing the validity of his suspension from
the practice of law contending that the Court of Appeals acted as
offended party, prosecutor and judge all at the same time.
1)
Resolve this motion.
2)
Despite the order suspending him from the practice of law.
Atty. Gancho still continued, to prosecute the ejectment cases which he
himself filed against his tenants. The tenants then questioned the
authority of Atty. Gancho to prosecute the cases when he is under
suspension.
May Atty. Gancho be allowed to continue appearing in the
ejectment cases?
Answer:
1)
The motion for reconsideration should be denied. It is now:
a settled rule that a lawyer found guilty of violation of B.P. Big. 22
otherwise known as the Bouncing Check Law is a crime involving moral
turpitude which is a ground for disbarment.
2)
Atty. Gancho may still continue prosecuting the case not
as a lawyer but as a party litigant.
Question No. 11:
Atty. Nicasio handled a case for Lydia Domondon wherein
Judgment was rendered in the latters favor in the amount of P
10,000.00. Upon finality of the judgment, the judgment debtor paid the
full amount of PI 10,000.00 to Atty. Nicasio. However, Atty. Nicasio
turned over only P80.000.00 to Lydia Domondon, explaining that he
had already deducted the amount of P20,000.00 for his professional
services in accordance with their written agreement, and the amount
of P 10,000.00 awarded by the court by way of attorneys fees from the
total sum of PI 10,000.00 received by him from the judgment debtor.
Comment on the proprietary of the action of Atty. Nicasio.
Answer:
The action of Atty. Nicasio in retaining the amount of P 10,000.00
as attorneys fees because said amount belongs to his client.
The award of attorney's fees and damages under article 2208,
paragraph 10 of the Civil Code refers to damages suffered by the
client.
Question No. 12:

Prepare a petition for habeas corpus on behalf of Major Solar who
has been arrested by superior police authorities and detained at the
Police Sub-Station 5 of Quezon City since August 30, 1992 for
participation in a robbery with homicide case.
Answer;
Branch I
Quezon City
IN THE MATTER OF THE
APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R SOLAR
MARY SOLAR Petitioner
- versus JOSE CRUZ
Superintendent, PHILIPPINE
NATIONAL POLICE
Respondent,
x--------------------------------------------x
PETITION
Comes now the petitioner, by her undersigned counsel and to
this Honorable Court respectfully states:
1.
That petitioner of legal age, Filipino citizen, is the wife of
Major R SOLAR residing at 177 Mayon, Quezon City; that respondent is
the incumbent Superintendent of the Philippine National Police, Quezon
City with office at City Hall, Quezon City, where he may be served with
summons and other court processes;
2.
That on August 30, 1992 Major R Solar of the PNP, Quezon
City while holding office was arrested by superior police authorities for
alleged participation in a robbery with homicide in Quezon City;
3.
That since then Major R Solar was detained at the Police
Sub-Station 5, Quezon City, without any formal charge filed against
him;
4.
That Major R Solar had not participated in the alleged
robbery with homicide hence his arrest and detention is without any
lawful cause;
5.
That Major R Solaris restrained of his liberty without due
process of law.
WHEREFORE, in view of the foregoing, it is respectfully prayed
that this Honorable Court:
1.
order respondent and/or his agents to appear before this
Honorable Court and produce Major R Solar and forthwith explain why
he should not be released from detention immediately;
2.
declare his arrest and detention as invalid and unconstitutional.
Petitioner further prays for such other relief and remedy as this
Honorable Court may deem just and equitable.
Quezon City, Philippines.
September 26, 1992.
CRUZ Law Office
by J. CRUZ
PTR No.
IBP receipt no.
VERIFICATION
Mary Solar after having been duly sworn in accordance with law
hereby states:
That she is the petitioner in the above-entitled case;
That she has caused the filing of the petition and the contents
thereof are true and correct.
Quezon City, 23. September, 1992.

MARY SOLAR
Petitioner
Subscribed and sworn to before me this 26th day of Sep-tember
1992 at Quezon City, affiant having exhibited to me * her Residence
Certificate No. 52789, issued at Quezon City on January 4. 1992.
P. SOLIVEN
Notary Public
Until December
1992
31,
Doc. No.
Page No.
Book No.
Series of 1992
Question No. 13:
Prepare a petition for reconstitution of the original copy of TCT
No. 9213645 in the name of Lina Ochoa which was burned when the
Office of the Registry of Deeds of Quezon City was razed to the ground
on June 11, 1992.
Answer:
Branch 1, Quezon City
JUAN V. PEREZ
Petitioner
- versus
PEDRO E. SISON.
REGISTER OF DEEDS
Quezon City
x--------------------------x
PETITION FOR RECONSTITUTION OF
TRANSFER CERTIFICATE OF TITLE
Comes now the petitioner through undersigned counsel and to

this Honorable court respectfully alleges:
1.
That petitioner is of legal age, married, Filipino citizen and
residing at 107 Malaya. Quezon City; that respondent Pedro Sison is
the Register of Deeds of Quezon City. Quezon City Hall where he may
be served with summons and other court processes;
2.
That petitioner is the registered owner of a parcel of land
located at Malaya Street. Quezon City and covered by Transfer
Certificate of Title No. 7984. Registry of Deeds of Quezon City, free of
any encumbrance;
3.
That on June 11. 1992 the office of the Register of Deeds
of Quezon City was burned and all the Torrens titles in said office
including T.C.T. No. 7984 were burned;
4.
That said T.C.T. was never mortgaged or sold to anyone;
WHEREFORE, it is respectfully prayed that the Register of Deeds

of Quezon City issue a reconstituted Original Title based on the owners
Duplicate Certificate of Title hereto attached in the name of herein
petitioner.
Quezon City. September 26. 1992.
PEDRO CRUZ
Counsel for Petitioner
P.T.R. No.
I.B.P. O.R.
Subscribed and sworn to before me this 26th day of September
by JUAN PEREZ, exhibiting to me his Residence Certificate No. 12346
issued at Quezon City on 4 January 1992.
JUAN CRUZ
Notary Public
Until December
1992
Doc. No.
Page No.
Book No.
Series of 1992
31.
[The foregoing form is the ordinary procedure but in that incident

of fire in Quezon City Hall the reconstitution was through a special
administrative process to facilitate the reconstitution of thousand of
titles.]
Question No. 14:
Roy Alvarez filed a complaint for damages against Erwin Bracia,
docketed as Civil Case No. 92-31046 of the Regional Trial Court of
Caloocan City. Said case is scheduled for pre-trial on October 5. 1992.
Since Roy Alvarez cannot attend the pre-trial, he authorized his lawyer.
Atty. Albert Florentino, to represent him therein with full power and
authority.
Prepare the corresponding special power of attorney.
Answer:
POWER OF ATTORNEY
1.
That
residing at 179
damages against
Court of Caloocan
I. ROY ALVAREZ. Filipino citizen, of legal age and

Rizal, Caloocan City have filed a com-plaint for
Erwin Bracia, Civil Case No. 17896. Regional Trial
City;
2.
That said case was scheduled for pre-trial on October 5,
1992 at 9:00 a.m.;
3.
That in view of the fact that I cannot attend said pre-trial
because I am making a business trip to Japan. I have authorized by
these presents my counsel. Atty. Alberto Florentino to represent me
and giving him full powers to enter into pre-trial and stipulate facts in
accordance with law;
IN WITNESS WHEREOF. I have hereunto set my signature this,
26th day of September 1992 at Caloocan City. Metro Manila.
ROY ALVAREZ
Witnesses
ACKNOWLEDGMENT

Caloocan City
On this 26th day of September 1992 in Caloocan City Roy Alvarez
personally appeared before me and known to me to be the same
person who executed the foregoing instrument and acknowledged to
me that it is his free act and voluntary deed. He exhibited to me his
Residence Certificate No. 79112, issued at Caloocan City on January 4.
1992, and TAN No. 79512.
Notary Public
Until Dec. 31,
1992
Doc. No.
Page No.
Book No.
Series of 1992

I
In at least two (2) paragraphs, give all your reasons why you
want to become a lawyer, and discuss what values you must cultivate
and how you must conduct yourself to uphold the nobility, protect the
integrity, and enhance the prestige of the law profession.
ANSWER:
I want to be a lawyer in order to be a member of a very noble
profession and to participate in the administration of justice. As a
lawyer, I am an officer of the court sworn to assist in the administration
of justice.
As a lawyer, I am sworn to maintain allegiance to the Republic of
the Philippines, support the Constitution and obey the laws and
maintain the respect due the courts of Justice. I shall accept cases that
I honestly believe to be meritorious and to employ methods consistent
with truth and honor.
I want to become a lawyer because the profession of law is more
a mission than a business, trade or craft and therefore its object is not
material reward but to promote the administration of Justice. Lawyers
are an essential ingredient of justice which is vital to the survival of

every society. Without justice, there will be anarchy. As a lawyer, I will
have the noblest opportunity to become an officer of the court, to help
maintain the respect due to the court and to employ only such means
as are consistent with truth and honor so that justice will prevail.
Include in the values to cultivate honesty, truthfulness, industry,
honor and independence.
II
What is the purpose of disbarment as a means of disciplining
erring lawyers?
ANSWER:
The purposes of disbarment are:
1.
to protect the public
2.
to protect and preserve the legal profession and
3.
to compel the lawyer to comply with his duties and
obligations under the Code of Professional Responsibility.
In re: Vicente Pelaez as reiterated in Cuyugan U. Amante the
Court stated the purpose as follows: The purpose of disbarment is to
purge the legal profession of any lawyer who exhibits a want of
professional honesty, as to render him unworthy of public confidence
and unfit and unsafe person to manage the legal business of others.
The reason is because it is the court which admits an attorney to the
bar and the court requires for such admission the possession of a good
moral character. If that qualification is a condition precedent to a
license and privilege to enter upon the practice of law it would seem to
be equally essential during the continuance of the practice and the
exercise of the privilege. So it is held that an attorney will be removed
not only for malpractice and dishonesty to his profession but also for
gross misconduct not connected with his professional duties which
shows him to be unfit to the office and unworthy of the privileges
which his license and the law confer upon him. Disbarment is
necessary so that respectability of the bar will be maintained.
Is the penalty of indefinite suspension from the practice of law
imposed upon an erring lawyer a cruel and unusual punishment? May a
suspended lawyer nevertheless appear in court to prosecute or defend

a case?
ANSWER:
In Zaldiuar vs. Sandiganbayan, 170 SCRA 1. the Supreme Court
held that the penalty of indefinite suspension from the practice of law
is not cruel and unusual punishment. The lifting of suspension of a
lawyer from the practice of law depends on the lawyer himself to show
with convincing evidence that he had rehabilitated and reformed and
his willingness to comply with the rules of ethics of the profession. The
said case involved Raul Gonzales who was indefinitely suspended until
he apologizes to the court for the offensive and disrespectful language
used against the court.
NOTE: While the Supreme Court has already held that suspension is
not a cruel and unusual punishment, a student may believe that it is
cruel and unusual for the following reasons: suspension is an indefinite
kind of penalty and you will have to beg for reinstatement.
A suspended lawyer may appear in court to prosecute or defend
a case in his behalf but not in behalf of other clients.
III
Miss Amparo engaged the services of Atty. Rito, a young lawyer
and her former boyfriend, to act as her counsel in a case. True to his
lawyeris oath. Atty. Rito represented her to the best of his ability even
when he had no opportunity to talk to her on the progress of the case.
When the case was terminated, Amparo refused to pay Atty. Ritois fees
on the ground that there was no written contract of their professional
relationship.
(A)
Can Amparo justify her action?
ANSWER:
Amparo may not justify her refusal to compensate Atty. Rito for
his legal service. An attorney is entitled to attorneys fees for services
rendered even in the absence of a contract for attorney's fees.
ALTERNATIVE ANSWER:
She had the right to assume that that because of the past
relation, she can presume that the services will be rendered for free.
(B) If Amparo cannot, upon what basis then may Atty. Rito be
compensated? What are the considerations to be taken into account?
ANSWER:
Atty. Rito has the right to demand attorneys fees based on an
implied contract and for services rendered. The determination of the
amount of attorneys fees will be based on quantum merit, namely;
time spent and extent of services rendered; novelty of the case;
importance of the subject matter; skill demanded; probability of losing
other employ-ment; customaiy changes, amount involved; contingency
or certainty of compensation; professional standing and capacity of the
client to pay.
IV
The spouses X and Y and their three (3) minor children, A, B, and
C, were passengers of one of the buses of the Lahar Transportation
Corp., a common carrier. They were to attend the wedding of a relative
in Sto. Tomas, Batangas. The bus turned turtle along the South
Expressway in Biloan, Laguna. All of them suffered serious physical
injuries and were hospitalized for thirty-one (31) days. Upon the advice
of lawyer V, who claims to have strong special connections with some
judges in Quezon City, where X and Y are resided; in Makati, where
they have a house which is occupied by A; and in BiOan, Laguna,
where the accident occurred, they decided to file three (3) separate
complaints for breach of contract of carriage, to wit: (1) the complaint
of X and Y in the RTC of Quezon City; (2) the complaint of A, assisted
by X and Y, in the RTC of Makati; and (3) the complaint of B and C,
assisted by X and Y, in the RTC of Bihan, Laguna.
(A)
Are Atty. Vis action proper?
ANSWER:
Attorney Vs actions are not proper because he engaged in forum
shopping and represented that he has influence. Rule 12.02 provides
that a lawyer shall not file multiple actions arising for the same cause.
(B)
If proper, for what may he be charged with, and what
penalty or penalties may be imposed upon him?
ANSWER:
The lawyer violated Rule 12.02 for filing multiple actions arising from
the same incident. Penalty of suspension or fine should be imposed
upon him as forum shopping is a malpractice.
V
Atty. B acted as counsel for C in a civil case. He also acted as
counsel for D against C in another civil case, when D lost his case
against C, he filed an administrative com-plaint against Atty. B for
conflict of interest. Decide.
ANSWER:
If the case of C in the first case Is entirely different and related
with the case of D against C, there is no conflict of interest. If the two
cases however are related wherein attorney has knowledge of the
evidence of C then there is conflict of interest.
Rule 15.01 provides that: A lawyer in conferring with a
prospective clients, shall ascertain as soon as practicable whether the
matter would involve a conflict with another client or his own interest,
and if so, shall forthwith inform the prospective client.
Rule 15.03 further provides that: A lawyer shall not represent
conflicting interest except try written consent of all concerned given
after a full disclosure of the facts.
Lawyer U, a retired Tanodbayan prosecutor, now in the private
practice of law. entered his appearance for and In behalf of an accused
in a case before the Sandiganbayan. The prosecution moved for his
disqualification on the ground that he had earlier appeared for the
prosecution in the case and is knowledgeable about the prosecution's
evidence, both documentary and testimonial. U contended that he
merely appeared at the arraignment on behalf of the prosecutor
assigned to the case who was absent at the time. Decide.
ANSWER:
Lawyer U should be disqualified from entering his appearance in

this case even only for arraignment of the accused. His appearance is
deemed to be appearing for conflicting interest.
ALTERNATIVE ANSWER:
Canon 36 provides that a lawyer, having once held public office
or having been in public employ, should not, after his retirement,
accept employment in connection with any matter he has investigated
or passed upon while in such office or employ. The contention of U that
he merely appeared at the arraignment on behalf of the absent
prosecutor, is not enough. As a former Tanodbayan prosecutor, he
certainly had occasion to obtain knowledge about the prosecutions
evidence.
VI
XYZ Corporation, represented by Atty. W. won in a civil case
against ABC Co. and was awarded attorneys fees in the amount of
P25.000.00. In its contract with Atty. W in relation to said case, XYZ
Corp. bound itself to pay him with P10.000.00 for attorneys fees,
which it paid when it rested its case. ABC Co. failed to pay the
adjudged attorneys fees even after the decision had become final.
Atty. W filed a motion for execution of Judgment on the attorneys fees,
claiming to be his. XYZ Corp. also had a similar motion claiming that
the adjudged attorneys fees belong to it. Which motion will you grant?
ANSWER:
The attorneys fees awarded by the court is in the form of damages
and should belong to the client XYZ Corporation.
(B)
A, after taking his oath as a lawyer in 1985. was
maliciously charged with the crime of seduction by Amor, his former
girlfriend. Her parents instigated the filing of the case. A appeared for
and defended himself. In the decision acquitting him, the court
explicitly stated that he was a victim of malicious prosecution. A then
filed a complaint for damages and attorneys against Amor and her
parents. A likewise appeared for himself in the case. Can her recover
attorneys fees?
ANSWER:
No. Attorney A is not entitled to attorney's fees. He may,

however, be entitled to attorneys fees in the form of damages upon
proof of bad faith of the defendant and a definite ruling be made by
the court on the claim.
VII
May a lawyer decline as appointment by the court as counsel de
oficio for an accused because he believes, and is fully convinced, that
the accused is guilty of the crime
charged?
ANSWER:
A lawyer may not decline an appointment as counsel de officio
even if he is convinced that the accused is guilty. It is his obligation to
at least protect his rights. He might even have him acquitted or at
least reduce his penalty depending on the evidence during the trial.
ALTERNATIVE ANSWER:
A lawyer cannot decline an appointment as counsel de officio
because an accused is entitled to counsel and refusal may lead to a
situation where an accused will be denied his right to counsel.
(B) Would your answer be the same if he is asked to be counsel
for a defendant in a civil case whose defense is based on falsified
documents? If your answer is different, explain the ethical
considerations for the difference.
ANSWER:
If the defense in the civil case is based on falsified documents
the lawyer should decline.
That is in compliance with the lawyers oath that he should not
wittingly nor willingly promote or sue any ground-less false or unlawful
cause or give nor consent to the same. He is obligated not to delay a
manis cause for money or malice.
VIII
Explain the meaning and ramifications of this statement:

The judge is an arbiter of law and a minister of justice."
ANSWER:
This statement is taken from a decision of the Supreme Court in
Alonso vs. Intermediate Appellate Court, 150 SCRA 259. It means that
a judge should not unfeelingly literally apply the law yielding like
robots which may result in gross injustice. He should interpret and
apply the law for the main purpose of administering justice.
What rule should guide a Judge in determining whether he should
not voluntarily inhibit himself in a case pending before him?
ANSWER:
The Rule is stated in the last paragraph of Rule 137, section 1 of
the Rules of Court which provides that in the exercise of his sound
discretion a judge should disqualify himself from sitting in a case, for
just or valid reasons.
If there is any circumstance that might affect his impartiality, the
judge should exercise his sound discretion to inhibit himself from trying
a case. As ruled in Pimentel vs. Salanga, 21 SCRA 160, when
suggestion is made of record that he might be induced to act in favor
of one party or with bias or prejudice against a litigant arising of
circumstances reasonably capable of inciting such a state of mind, h e
should conduct a careful examination and in good grace inhibit himself
where that case could be heard by another judge and where no
appreciable prejudice would be occasioned to others involved therein.
ALTERNATIVE ANSWER:
A judge may not be legally prohibited from sitting in a litigation.
But when the suggestion is made of record that he might be induced to
act in favor of-one party or with bias or prejudice against a litigant
arising from circumstances reasonably capable of inciting such a state
of mind, he should conduct a careful self-examination."
IX
Lawyer W lost his ejectment case in the Municipal Trial Court. He
appealed the decision to the RTC which V, the judge thereof, affirmed
through a memorandum decision. He filed a motion for reconsideration
praying that the RTC should state the facts and the law on which its
decision is based. Judge V denied his motion. Instead of filing a Petition
for Review, lawyer W filed an administrative complaint against Judge V
for breach of the Code of Judicial Conduct. What is the liability of Judge
V, if any?
ANSWER:
There is no breach of the Code of Judicial Conduct committed by
the RTC Judge. The memorandum decision rendered in an appeal from
the Municipal Court in its original jurisdiction officers carries with it the
statement of facts found by the Municipal Court which are deemed
affirmed by the RTC judge. Memorandum decisions are allowed on
appeal.
X
In the Course of a petition for ball in a case for illegal possession
of firearms in furtherance of rebellion pending before him, judge AM
(who has been long frustrated with his work because he has not been
appointed to the Court of Appeals despite the strong recommendations
of several Members of Congress) made statements contrary to the
rulings of the Supreme Court on the matter. He further made
utterances imputing bias to the Supreme Court in favor of the
Administration which, according to him, is the reason why all petitions
for bail in similar cases were denied despite the apparent weakness of
the evidence for the prosecution.
A.
What are the implications of Judge AM's actuations?
ANSWER:
The facts related in this question are similar to the case of Judge
Jesus Morfe of the Court of First Instance of Manila who had long been
aspiring for an appointment to the Court of Appeals. He held a contrary
view from the decision of the Supreme Court in People vs. Hernandez
that all crimes are absorbed in a lesser of crime of rebellion which he
did so in his decision.
To maintain the stability of jurisprudence and an orderly
administration of justice to trial judge should render decisions in
accordance with settled jurisprudence set by the Supreme Court. If he
feels that a law or doctrine enunciated by the Supreme Court is against
his conviction, he may state his personal opinion on the matter but
should decide the case in accordance with the law or settled doctrine
and not with his personal views. He may likewise recommend remedial
measures.
(A)
The implications of Judge AM is actuations are that he
could be violating his oath of office of upholding the law and the Code
of Judicial conduct to administer his office with due regard to the
integrity of the system of law. He could also be violating his duty as a
minister of justice under a government of laws and not of men.
(B)
Is he liable for disciplinary action? For what?
ANSWER:
The Judge can be liable for disciplinary action for violations of the
Code of Judicial Ethics.
XI
A complaint for rape against ZZ was filed by the father of Dulce,
an 11-year old girl, with the Municipal Trial Court of Bantayan, Cebu.
After preliminary examination of the offended party and the witnesses,
Judge YY of said court issued an order finding probable cause and
ordering the arrest of ZZ without bail ZZ was arrested and detained. He
file: (1) a Waiver of Preliminary Investigation, and (2) an Ex- Parte
Motion to Fix Bail Bond. Judge YY granted the waiver and forthwith
elevated the records of the case to the RTC, which forwarded the same
to the Office of the Provincial Prosecutor.
Ten (10) days after the elevation of the records. YY, acting on the
Motion To Fix Bail, issued an order fixing the bail bond at P20.000.00.
The father of Dulce filed against YY an administrative complaint for
ignorance of law. oppression, grave abuse of discretion and partiality, if
you were the executive judge of the RTC designated to investigate the
case and to make a report and recommendation thereon, what would
be your recommendation?
ANSWER:
The facts narrated in this case is similar to the decision of the
Supreme Court in 1989. The judge was found guilty of ignorance of the
law for granting bail despite the fact that he had already lost
Jurisdiction after elevating the records of the case to the Regional Trial
Court.
If I am the RTC Judge assigned to investigate the case I would
recommend the dismissal of the Judge for gross ignorance of the law.
XII
In the pre-trial during the plea bargaining of a criminal case for
murder, accused OA wanted to enter a plea of guilty to the lesser
offense of homicide. Private complainants agreed, but the Asst.
Provincial Prosecutor hesitated, reasoning that he still has to get the
approval of the Provincial Prosecutor. The pre-trial was cancelled and
reset to a date, thirty (30) days after. On this hearing date, the Asst.
Provincial Prosecutor manifested that his request for approval of
accused OA is plea bargain was not acted upon by the Provincial
Prosecutor. He asked for a resetting of the pretrial, which was forthwith
denied. Judge O, after ascertaining that private complainants were
amenable to accused OA is plea bargain, proceeded to arraign him,
then imposed the sentence for homicide. The Asst. Provincial
Prosecutor filed a petition for certiorari and an administrative case
against Judge O for grave abuse of discretion and ignorance of the law.
Decide.
ANSWER:
Plea bargaining is now allowed under the rules of procedure.
Although the assistant provincial prosecutor may have objected to the
prayer of the accused to a lesser offense, it is within the discretion of
the judge to accept said plea as a measure towards speedy disposal of
cases.
The petition for certiorari and the administrative charge against
the judge will not prosper.
ALTERNATIVE ANSWER:
There is grave abuse of discretion. This is forum shopping. Since
a petition for certiorari has already been filed, the administrative case
should not have been filed anymore. (Sec. 2 Rule 116).
XIII
CD, married to HR, sold their parcel of land located in Ayala
Heights, Quezon City to DX for the amount of
P500.000.00. The land is more particularly described in Transfer
Certificate of Title No. 45678 in the Registry of Deeds of Quezon City.
The parties agreed that all expenses for taxes, registration, transfer
and association dues are for the account of DX. Prepare the contract of
sale. Use a fictitious name for the notary public. (Do not specify the
metes and bonds of the property; just state the TCT no. and the
location).
ANSWER:
DEED OF SALE OF REAL ESTATE
CD, married to HR, Filipino citizens and residents of Ayala
Heights. Quezon City, hereinafter known as the VENDORS and DX,
Married to Y, Filipino citizens residents of No. 12 San Andres, Manila,
herein after known as the VENDEES have entered into this contract of
sale as follows:
1.
That the VENDORS are the owners in fee simple title of a
parcel of residential land containing an area of 1,000 square meters
and covered by Transfer Certificate of Title No. 45678 of the Registry of
Deeds of Quezon City;
2.
that for and in consideration of the sum of P500.000 duly
acknowledge and received by these presents, the VENDORS hereby
sell, cede and convey by way of absolute sale to the herein VENDEES,
the aforesaid described property;
3.
That it is further agreed that all expenses for taxes,
registration, transfer and association dues are for the account of DX;
4.
IN WITNESS WHEREOF we have hereunto set our
signatures this 29th day of September 1991 in Quezon City.
DX
Vendee
Witness
CD
Vendor
With my marital consent: HR
Witness
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES )
S.S Quezon City
)
On this 29th day of September 1991 personally appeared before
me CD, HR, AND DX known to me to be the same persons who
executed the foregoing deed and acknowledged that it is their free act
and voluntary deed and exhibiting to me their Residence Certificates
and Tax Account Numbers as follows:
In Witness Whereof, I have-hereunto set my signature and seal
on the day above stated.
JUAN SATOS
Notary Public
My Commission expires
December 31, 1991
Doc. No.
;
Page No.
;
Book No.
;
Series of 1991.
XIV
A complaint for knowingly rendering an unjust Judgment was
filed against Judge X before the Provincial Prosecutors Office. Z, the
investigating prosecutor, found a prima facie case against X. Prepare
the information. Omit the caption.
ANSWER:
Undersigned Fiscal charges Judge X of the Regional Trial Court of
Manila of the crime knowingly rendering unjust Judgment punishable
under Article 204 of the Revised Penal Code committed as follows:
That on or about August 1.1991, Judge X, Regional Trial Court of
Manila dismissed a charge of rape of a 12 year old girl filed against
Juan on the basis of an affidavit of desistance of the victim, knowing
fully well that in the crime statutory rape consent of the victim is
invalid.
Contrary to law.
JUAN CRUZ
Assistant Fiscal
CERTIFICATION
I hereby certify that a preliminary investigation on this case has
the complainant and his witnesses; that there Is a reasonable ground
to believe that a crime has been committed and the accused is
probably guilty thereof; that the accused was informed of the
complaint and of the evidence submitted against him and was given an
opportunity to submit controverting evidence, and that the filing of this
information is with prior authority and approval of the City Fiscal.
Manila. September 1, 1991.
JUAN CRUZ
Assistant Fiscal
SUBSCRIBED AND SWORN to before me this 1st day of
September 1991 in the City of Manila.
PEDRO SISON
City Fiscal
List of Witnesses
Bail Recommended P50.000.
XV
Jocot asks you to prepare a negotiable promissory note wherein
the promissory, Bryan, binds himself to pay a loan of P50.000.00 in five
(5) equal monthly Installments commencing on October 1991; payable
not later than the 20th day of each month, with interest at ten percent
(10%) per annum. He wants you to include an acceleration clause, and
stipulations regarding attorneys fees of P5,000.00 in the event of suit
to enforce the note and on venue of action which shall only be in the
appropriate court in Cebu City. Prepare the requested promissory note.
Bryan failed to pay the promissory note referred to in letter a
above. Jocot decided to file a complaint against Bryan to enforce the
note and hired the services of George, a young lawyer, for that
purpose. You are George, prepare the complaint.
ANSWER:
A.
I, Bryan, Filipino citizen, of legal age and resident of Manila
promise to pay JOCOT or order the sum of P50.000.00 in five equal
installments commencing on October 1, 1991, payable not later than
the 20th day of each month, with compounded interest at ten percent
(10%) per annum; that in the event of a suit to enforce the promissory
note, I promise to pay P5.000 as attorneys fees; and that said action
shall be filed in an appropriate court in Cebu City.
Cebu City, September 1, 1991.
BRYAN
B.

CEBU CITY
JOCOT,
Plaintiff,
- versus -
FOR SUM OFMONEY

Civil Case No. 2
BRYAN.
Defendants,
x-----------------------x
COMPLAINT
COMES NOW the plaintiff through the undersigned counsel and to
this Honorable Court, respectfully alleges,
1.
That plaintiff, JOCOT is a Filipino citizen, married and
resident of Cebu City and defendant BRYAN, is a Filipino citizen and
resident of No. 2 Osmea Street. Cebu City where he may be served
with summons;
2.
That on September 1, 1991, defendant executed a
promissory note in favor of the plaintiff in the amount of P50.000 to be
paid within a period of five months from October 1, 1991. A copy of
said promissory note is hereto attached as Annex of this complaint:
3.
That the period of five months had already expired and
defendant failed to pay said promissory note;
4.
That despite repeated demands both oral and written,
defendant still failed and refused to pay said promissory note;
5.
That the plaintiff was constrained to file this suit to enforce
said promissory note engaging the services of counsel in the amount of
P5.000;
6.
That the amount due from defendant in accordance with
said promissory note is P50.000 plus compounded Interest of 10% per
annum plus attorney's fee in the amount of P5.000;
WHEREFORE, it is respectfully prayed that after due trial,
defendant be ordered to pay the plaintiff P50.000 plus compounded
interest of 10% per annum and P5.000 attorneys fees.
GEORGE
PLT No. 5798
IBP OR No. 6790
XVI
Prepare an Affidavit of Good Faith in a Chattel Mortgage with A as
mortgagor. B as mortgagee, and Mabel Riza as the notary public.
ANSWER:
AFFIDAVIT OF GOOD FAITH
)
) S.S.
City of Manila
We, A as mortgager and B as mortgagee severally swear under

oath the foregoing chattel mortgage was executed by us for securing a
good and valid obligations and not for the purpose of committing fraud.
A
Mortgager
B
Mortgagee
SUBSCRIBED AND SWORN to before me this 1st day of

September 1991 in the City of Manila affiants having exhibited me
their Residence Certificate Nos.__________ and
Tax Account Nos._______________________.
MABEL RIZA
Notary Public
My Commission expires
December 31, 1991.
Doc. No.
;
Page No.
;
Book No.
;
Series of 1991.

Question No. 1:
Mrs. Amy Dizons husband was killed in a traffic accident. She
wants to sue the bus company for damages but she cannot afford a
lawyer. She approached Atty. Larry Rio who agreed to handle the case
without any retainers fee or expenses on her part, on the condition
that in case of recovery of damages, he shall get 33% of the award by
the court.
Is this arrangement valid and permissible? Decide with reasons.
ANSWER:
In the recent case of Angel L. Bautista vs. Atty. Ramon A.
Gonzales. Adm. Matter No. 1625, February 12, 1990, the Supreme
Court held that an agreement as to attorney's fees which provides that
the lawyer shall defray all the expenses of the suit, is contrary to
Canon 42 of the Canons of Professional Ethics which provides that a
lawyer may not properly agree with a client to pay or bear the
expenses of litigation (See also Tule 16.04, Code of Professional
Responsibility). The Court added that although a lawyer may in good
faith, advance the expenses of litigation, the same should be subject to
reimbursement." And. an agreement whereby an attorney agrees to
pay expenses of proceedings to enforce the clients rights is
champertous" and against public policy especially where, as in this
case, the attorney has agreed to carry on the action at his own
expense in consideration of some bargain to have part of the thing in

dispute."
The arrangement between Amy Dizon and Atty. Larry Rio, which
provides that the latter will handle the case without any retainers fee
or expenses on her part, can be taken to mean that the lawyer will
carry out the case at his own expenses without reimbursement. On the
basis of the foregoing decision of the Supreme Court, such an
arrangement is invalid.
However, the contingent fee contract is not prohibited by law
and is impliedly sanctioned. A contingent fee is however closely
supervised by the court to safeguard the client from unjust charges,
and its validity depends, in large measure, upon the reasonableness of
the amount fixed under the circumstances of the case. A contingent
fee of 33% of the amount of recovery may be reasonable if the bus
company fights the case until the Supreme Court and the litigation is
hard-fought and long drawn; It may be unreasonable If the bus
company agrees to compromise. But the fact that a contingent fee is
unreasonable does not preclude the lawyer from being paid his fees on
quantum meruil basis.
Question No. 2:
Your services as a lawyer are engaged by John Dizon to defend
him from the charge of malversation of public funds before the
Sandiganbayan.
John
confessed
to
you
that
he
actually
misappropriated the amount charged but he said it was out of extreme
necessity to pay for the emergency operation of his wife.
Will you agree to defend him? State your reason.
Answer:
I will agree to defend him, notwithstanding his confession to me
that he actually misappropriated the amount. Rule 14.01 of the Code of
Professional Responsibility provides that a lawyer shall not decline to
represent a person be-cause of his own opinion regarding the guilt of
the person. One of the duties of an attorney is that he should, in the
defense of a person accused of a crime, by all fair and honorable
means regardless of his personal opinion as to guilt of the accused,
present every defense that the law permits, to the end that no person
may be deprived of life liberty but by due process of law. The burden of
proof lies with the prosecution and if the prosecution fails to discharge
such burden, the lawyer can always invoke the presumption of
innocence for the acquittal of his client. If the prosecution proves the
guilt of the accused beyond reasonable doubt, the lawyer can strive to
lower the penalty by presenting mitigating circumstances, for he is not
necessarily expected to sustain the clients innocence. A lawyer is an
advocate, not a judge, and if he has rendered effective legal assistance
to his client as allowed by law, he can rightfully say that he has
faithfully discharged his duties as a lawyer, even if the accused is
found guilty by the court.
Question No. 3:
1)
A Judge seen having lunch with a litigant with a case
pending before him in a court. He was also seen at the racetrack
placing his bet on certain horses. How would you evaluate the behavior
of the judge? Explain.
2)
Discuss the propriety of a judge standing as sponsor at the
wedding of the son of the litigant his court?
Answer:
1)
The judges behavior is highly improper. Canon 2 of the
Code of Judicial Conduct requires that a Judge should avoid impropriety
and the appearance of impropriety in all activities. Rule 2.01 of the
same Code provides that a judge should so behave at all times as to
promote public confidence in the integrity and impartiality of the
Judiciary. His having lunch with a litigant with a case pending before
him in court violates such rule and gives the adverse party cause to
complain against his impartiality.
His going to the race track to place a bet on certain horse puts
the judiciary personified by him in a bad light. For the personal
behavior of a judge, not only upon the bench but also in everyday life,
should be above reproach and free from the appearance of impropriety.
His judicial office circumscribes his personal conduct and imposes a
number of restrictions, which he must observe faithfully as the price he
has to pay for accepting and occupying an exalted position in the
administration of Justice.
2)
For reasons above stated, a judges standing as sponsor at
the wedding of the son of a litigant in his court is highly improper for it
gives the Impression, rightly or wrongly, that he is disposed to resolve
the case in favor of such litigant. Public confidence in the impartiality
of the judge is eroded, and the due administration of Justice suffers
thereby. It is also a violation of the letter and spirit of Rule 2.03 of the
Code of Judicial Conduct which states that the prestige if judicial office
shall not be used orient to advance the private interests of others, nor
convey or permit others to convey the impression that they are in a
special position to influence the judge.
Question No. 4:
1)
Would it be proper for (he judge to accept a donation of a
lawyers table and chairs for his sala from the local chapter of the
Integrated Bar of the Philippines (IBP)? Explain your answer.
2)
May a judge properly solicit for his promotion the
endorsement of the local chapter of the IBP to the Judicial and Bar
Council? Explain your answer.
Answer:
1)
It would be proper for a Judge to accept the donation of a
lawyers table and chairs for his sala from the local chapter of the IBP
because the donation comes from an organization of lawyers whose
duty, among others, is to help in the proper administration of justice.
Accepting the donation is not for the personal benefit of the judge but
for providing physical facilities for the administration of justice, which
is the concern by both the Judge and the IBP local chapter. What is
prohibited is accepting presents or donations from litigants or from
particular lawyers practicing before him.
2)
A judge may not properly solicit for his promotion the
endorsement of the local chapter of the IBP to the Judicial and Bar
Council because it will give the impression that his promotion is not
purely on merit, and the Judge may feel beholden to the particular
officers of the local chapter which may. in the future, influence him in
the disposition of cases handled by such officers as counsel for
litigants. Moreover, considering his position, the local chapter officers
may not be able to refuse such solicitation even if they believe that he
is not qualified for promotion. The judge should stand by his own
ability, qualifications and fitness, without exerting extra efforts on his
part to influence the local chapter to indorse his promotion. The local
chapter should, on its own and without solicitation from the judge.
make its own assessment and appraisal of the judges qualifications
and fitness for promotion, and if it is convinced that the judge
possesses the required qualifications, it is the duty of the local chapter
to make known such assessment to the Judicial and Bar Council.
Question No. 5:
1)
What would your comment be about a judge who.
whenever he promulgates a decision, invites representatives of the
print and broadcast media to his sala for the purpose of having the
promulgation televised, and that in the process, he gives interviews
although he does not discuss his personal views on the merits of the
case? Explain your answer.
2)
How far should the judge allow publicity
proceedings and decisions of his court? Explain your answer.
of
the
Answer:
1)
The judge's conduct is improper. Canon II, Rule 2.02 of the
Code of Judicial Conduct provides that a judge should not seek
publicity for personal vainglory. A judge should conduct proceedings in
court with fitting dignity and decorum and in such a manner as to
reflect the Importance and seriousness of the inquiry to ascertain the
truth. Allowing television coverage of the promulgation of the decision
would detract the dignity of the court proceedings, degrade the court
and create misconception in the public mind. His giving interviews,
even if he does not discuss his personal views on the merits of the
case, has no other purpose than to seek publicity for personal
vainglory, which is prohibited.
2)
A judge may allow publicity by letting his actuations as a
Judge and his decisions speak; for themselves, without any comment
on his part. What makes publicity improper is the employment of
traditional dignity of court proceedings and of the judge himself. Good,
efficient, speedy and correct administration of justice on his part has a
way of publicizing itself and catching public attention, and the publicity
thereby generated is a normal by-product of efficient discharge of his
duties, which IS proper.
Question No. 6:
A lawyer charged his client P 10,000.00 for filing fees pertaining
to the complaint he filed in court. He actually spent only PI,000,00. He
did not account for the balance.
1)
May his client charge him for misconduct as a member of
the Philippine Bar? Explain your answer.
2)
Suppose that the lawyer should be charged, how and
where should the complaint be filed? Explain your answer.
Answer:
1)
The client may charged his lawyer with misconduct for not
accounting for the balance of P9.000.00. It is well settled that where
the client gives his lawyer money for a specific purpose, such as to pay
the docket fees for the filing of an action in court, so much of the
money not used for the purpose belongs to the client and the lawyer
holds it in trust for him. And it Is the lawyer's duty to promptly account
for all money received from his client. For this reason, the lawyers
failure to account for the balance of the money not spent for filing fees
will render him liable for misappropriation, which is a ground for
disbarment.
2)
The client may file a verified complaint for disbarment
against his lawyer. His verified complaint shall state clearly and
concisely the facts complained of and shall be supported by affidavits
of person or persons having personal knowledge of the facts therein
alleged and/or by such documents as may substantiate said facts. The
client may file the complaint directly with the Supreme Court, in which
case at least 18 copies thereof shall be filed, and the Supreme Court
may refer the complaint to the IBP Board of Governors for appropriate
action, such as assigning the complaint to an investigator, or to the
Solicitor General or court officer or judge for investigation when the
interest of justice requires. The client may, however, file his complaint,
in six copies, with the IBP Board of Governors, which will then assign
the case to an investigator for investigation, or with the Secretary of a
local chapter of the IBP, which will in turn transmit the same to the IBP
Board of Governors for assignment to an investigator. (Rule 139-B of
the Rules of Court).
Question No. 7:
Atty. Chito Sobretodo was retained by Buddy Capilla to handle his
case in the Securities and Exchange Commission. There is a tax angle
so Sobretodo consulted Atty. Romy Collado. a tax expert, and for his
assistance shared 50% of the retainer fees with Collado.
Is this proper? Explain your answer.
Answer:
There is no impropriety in the sharing of attorneys fees with tax
expert Atty. Romy Collado. This is delegation of work and not
delegation of a case. As long as Atty. Sobretodo is responsible to his
client. Buddy Capilla, even if he delegated the research work to Atty.
Collado, there is no impropriety in said arrangement. What is
prohibited by the Code of Professional Responsibility is splitting of
Attorneys fees with a non-lawyer.
Alternative Answer:
a)
The propriety of Atty. Chito Sobretodo consulting Atty.
Romy Collado on the tax aspect of the case depends on the
circumstances obtaining.
The attorney-client relationship existed between Atty. Chito
Sobretodo and Buddy Capilla only, and not with Atty. Romy Collado. If
Atty. Romy Collado is an assistant, associate or law partner of Atty.
Chito Sobretodo and if the client. Buddy Capilla. has not prohibited
Atty. Chito Sobretodo from consulting his assistant or law partner, then
Atty. Chito Sobretodo can properly seek the services of Atty. Romy
Collado on the tax angle of the case. For the general rule is that the
employment of Atty. Chito Sobretodo as lawyer for Buddy Capilla is
deemed a retainer of any member of Atty. Sobretodos law firm.
However, if Atty. Romy Collado is an independent lawyer. Atty. Chito
Sobretodo cannot properly consult Atty. Romy Collado on the tax angle
of the case without the consent of his client. Buddy Capilla, because
the consultation will involve revelation of the clients secrets,
privileged communications or affairs to a lawyer with whom he has no
attorney-client relationship. To do so without the clients consent will be
to violate the lawyer's duty to keep his client's confidences or affairs,
secret or undisclosed. Moreover, Rule 18.01 of the Code of Professional
Responsibility provides that a lawyer shall not undertake a legal
service which he knows or should know that he is not qualified to
render, but he may render such service if. with the consent of his
client, he can obtain as collaborating counsel a lawyer who is
competent on the matter.
Since Atty. Collado has rendered services. Atty. Sobretodo can
very well share 50% of his fees with Atty. Collado, the matter of fee
division being between the two lawyers only because the client is not
asked to pay additional amount for Collados services as tax expert.
b) Division of fees among lawyers is allowed provided there is
division of labor and the client consents (Rule 20.02, Canon 20). Hence
the sharing between Sobretodo and Collado is proper provided the

client's consent is obtained.
Question No. 8:
In a civil case before the Regional Trial Court between Mercy
Sanchez and Cora Delano. Sanchez engaged the services of the Reyes
Cruz & Santos Law Offices. Delano moved for the disqualification of the
Reyes Cruz & Santos Law Offices on the ground that Atty. Cruz is an
incumbent senator.
Rule on the motion with reasons.
Answer:
As a judge, I will require that the name of Atty. Cruz, an
incumbent Senator, be dropped from any pleading filed in court or from
any oral appearance for the law firm by any other member of the law
firm, and should the law firm refuse, I will disqualify the law firm. My
reasons are as follows:
Article VI, Sec. 14ofthe 1987 Constitution provides that no
Senator or Member of the House of Representatives may personally
appear as counsel before any court of Justice or before the Electoral
Tribunals, or quasi-judicial and other administrative bodies." What is
prohibited is personal appearance of the Senator. Atty. Cruz, and for as
long as the Senator does not personally appear in court for Mercy
Sanchez, the prohibition does not apply. Personal appearance includes
not only arguing or attending a hearing of a case in court but also the
signing of a pleading and filing it in court. Hence, the Senator should
not allow his name to appear in pleadings filed in court by itself or as
part of a law firm name, such as Reyes Cruz and Santos Law Offices,
under the signature of another lawyer in the law firm, nor should he
allow the firm name with his name therein to appear as counsel
through another lawyer, without indirectly violating the constitutional
restriction, because the signature of an agent amounts to a signing by
the Senator through another lawyer is in effect his appearance, the
office of attorney being originally one of agency, and because the
Senator cannot do indirectly what the Constitution prohibits directly.
The lawyer actually appearing for Mercy Sanchez should drop the
name of Atty. Cruz from any pleading or from any oral appearance in
court, otherwise the law firm could be disqualified. Moreover, Rule 6.02
of the Code of Professional Responsibility prohibits a lawyer in
government from using his public position to promote or advance his
private interests, and the Senators name appearing in pleadings or in
appearances by other lawyers in the law firm may be misconstrued as

indirectly influencing the judge to decide the case in favor of the law
firms client, which can only be avoided by dropping the name of the
Senator from the firm name whenever it appears in court.
Alternative Answer:
a)
The motion to disqualify the Reyes Cruz and Santos Law
Offices may not prosper as Article VI, Section 14 of the Constitution
prohibits a Senator or Member of the House of Representatives to
personally appear as counsel in any court of justice. If Attorney Cruz
who is a Senator personally appears, he may be disqualified.
b)
I will deny the motion. The Constitution prohibits personal
appearance by a member of Congress before the Courts but does not
totally prohibit law practice. As long as the Senator does not personally
or physically appear in court, there is no disqualification.
Question No. 9:
1)
Prepare a complaint for the collection of a sum of money
in behalf of your client Jose Santos against Pedro Luz for the amount of
P50.000.00 based on a promissory note. Omit caption and title, and do
not sign or use your name as counsel. Use a fictitious name.
2)
Prepare an answer as counsel for Pedro Luz denying the
validity and due execution of the promissory note and, if at all, alleging
payment. Again omit caption and title, and use fictitious name.
Answer:
COMPLAINT
COMES NOW the plaintiff JOSE SANTOS through the undersigned
counsel in the above-entitled case and to this Honorable Court
respectfully alleges.
1.
That JOSE SANTOS is a Filipino citizen of legal age and
married residing at No. 3 Sta. Cruz St.. Manila and that PEDRO LUZ. the
defendant is a Filipino citizen of legal age and residing at No. 10
Arlegui Street. Manila where he may be served with summons;
2.
That on August 1. 1990 PEDRO LUZ executed a promissory
note in favor of herein plaintiff* in the amount of P50.000.00 payable
within 30 days from the date of the promissory note which reads as
follows;
Manila.
Philippines
1 August 1990
I promise to pay PEDRO LUZ the sum of P50.000.00 or order
within 30 days from this date.
JOSE SANTOS"
(Copy of said promissory note is attached hereto and made an
integral part hereof as Annex A")
3.
That the 30-day period had elapsed and despite demands
orally and in writing by the plaintiff, defendant refused and failed to
pay the amount stated in the promissory note.
4.
That due to the unjust and unlawful refusal of defendant to
comply with the demands, plaintiff was compelled to file the instant
action engaging the services of counsel in the amount of PI0,000.00.
WHEREFORE, it is respectfully prayed that after due trial
judgment be rendered against defendant to pay the sum of P50.000.00
plus interest and attorneys fees and such other reliefs, this Honorable
Court may deem Just.
Manila, August 30. 1990
PETER YAN
P.T.R. No. 5983
dated January 5, 1990
IBP
O.R No. 79890.
January 5, 1990
562 Escolta, Manila
2)
ANSWER
COMES NOW the defendant in the above entitled case through
undersigned counsel and to this Honorable Court respectfully alleges:
1.
That he admits paragraph 1 of the complaint;
2.
That he denies the allegations in paragraphs 2 & 3 of the
complaint as he never signed any promissory note in favor of the
plaintiff.
3.
That he has no sufficient knowledge to form a belief as to
the truth of the allegations in paragraph 4 of the complaint and
therefore denies them.
AS COUNTERCLAIM
4.
That due to the filing of the entirely baseless and
unjustified complaint without any valid cause of action, defendant's
reputation was destroyed causing him sleepless nights and mental
stress, suffering mental and moral damages in an amount to be
assessed by the Honorable Court;
5.
That the defendant in order to defend himself from the
unfounded suit had to engage the services of counsel in the amount of
P20.000.00.
WHEREFORE, it is respectfully prayed that the complaint be
dismissed and defendant be allowed to intro-duce evidence on his
counterclaim or menial and moral damages and to collect such amount
including attorneys fees.
Manila, Philippines, October 1, 1990.
PERICLES SANTO
Counsel
for
the
Defendant
PTR OR No. 7778
IBP OR No. 9784
562 Escolta,
Manila
VERIFICATION
PEDRO LUZ. of legal age, after having been duly sworn, deposes
and says: That he is the defendant in the above entitled case; that he
caused the preparation of the above answer; that he has read the
allegations thereof and the same are true and correct of his own
knowledge; and that the signature in the promissory note attached to
the complaint and purporting to be his signature is not his signature
and such signature is a forgery, he not having executed said alleged
promissory note.
WITNESS my hand this 1st day of October, 1990.
PEDRO LUZ
SUBSCRIBED AND SWORN to before me this 1st day of October,
1990 at Manila, affiant exhibiting to me his Residence Certificate No.
123456 issued in Manila on January 15. 1990.
Notary Public
Until Dec. 31, 1990
IBP No. 54689 issued
on June 15, 1990 at
Pasig
PTR No. 98590 issued
on
January 20, 1990 at
Manila.
Doc. No. 25
Page No. 6
Book No. I
Series of 1990
WHEREFORE, it is respectfully prayed that the information be
quashed and the Accused be released immediately from detention.
Manila, Philippines, October 1, 1990.
JUAN TAMAD
Counsel
for
the
Accused
PTO No. 77756
IBP No. 57789
562 Escolta St.,
Manila
NOTICE OF HEARING
The Clerk of Court
Regional Trial Court of Manila
Branch 47
Please set the foregoing Motion to Quash for hearing on Friday,
October 5,1990 at 9;00A.M. or as soon as counsel may be heard.
JUAN TAMAD
Copy Furnished
City Prosecutor
City Hall, Manila

Question No. 1:
(1)
How may a proceeding for disbarment, suspension or
discipline of attorneys be instituted?
(2)
Under the grievance procedures in Rule 139-B of the Rules
of Court, may judges be investigated by the Integrated Bar of the
Philippines? Explain.
Answer:
(1)
A proceeding for disbarment, or suspension or discipline of
attorneys may be taken by the Supreme Court, the Court of Appeals or
the Regional Trial Court, on its own motion, or upon complaint under
oath of another in writing. The Integrated Bar of the Philippines may
investigate the matter and recommend to the Supreme Court the
disbarment and suspension from the practice of law of the erring
lawyer.
(2)
Judges may not be investigated under the grievance
procedure in Rule 139-B of the Rules of Court. Complaints against
judges are filed with the Supreme Court which has administrative
supervision over all courts. This was the ruling of the Supreme Court in
a minute resolution in reply to the letter of acting Presiding Justice of
the Court of Appeals Rodolfo Nocon 03 January 1989.
Question 2:
Gretels residence in Makati village was foreclosed by Joli Bank.
Armed with a writ of possession issued by the lower court, the sheriff
and Joli Banks lawyers evicted Gretel and padlocked the house. A
restraining order issued by the Court of Appeals which Gretel showed
the sheriff was disregarded. Gretel requested Hansel, an attorney who
lives in the same village, to assist her in explaining the restraining
order, since Gretels counsel of record was out of town. The discussion
on the restraining order was conducted on the sidewalk along Gretels
house. The village security guards were attracted by the commotion

brought about by the discussion, so they called the Makati Police and
the CAPCOM who responded immediately. The CAPCOM colonel, who
arrived at the scene with his troop took it upon himself to open the
house and declare Gretel as the rightful possessor. The colonel invited
Gretel and Hansel to enter the house. Five days later, Hansel was made
a co-respondent (together with Gretel) in a complaint for trespass to
dwelling filed by Joli Banks lawyers before the Makati Fiscals office.
Discuss the propriety of the act of Joli Banks lawyers,
considering that all lawyers are mandated to conduct them-selves with
courtesy, fairness and candor toward their professional colleagues and
to avoid harassing tactics against opposing counsel.
Answer:
Considering that there was a restraining order issued by the
Court of Appeals, it was proper for Gretel to take steps to maintain
possession of his residence with the assistance of Hansel as lawyer.
It was not proper for the Joli Banks lawyers to file an action of
trespass to dwelling against Gretel and lawyer Hansel. Canon 8 of the
Code of Professional Responsibility provides that a lawyer shall conduct
himself with fairness and candor towards his professional colleagues
and shall avoid harassing tactics against opposing counsel.
Question No. 3:
Robert, your childhood friend, has been accused of a criminal
offense. You have agreed to handle his defense for a sum which is
below your usual billing rate. Robert s alibi appears to be credible,
being backed up by two witnesses who are also known to you. During
the trial, Robert joined a Christian movement and became an active
participant. He then confessed to you that he, in fact, committed the
crime. What will you do? Explain your answer.
Answer:
I, as the lawyer, shall still defend Robert at least to protect his
rights. Canon 14 Rule 14.01 provides that a lawyer shall not decline to
represent a person even if he knows that he is guilty of a criminal
offense. I may advise him to plead guilty to the offense and find out if
there are mitigating circumstances in his favor. In case he refuses to
plead guilty I am still bound to defend him at least to protect his rights
within the lawful procedures.
Question No. 4:
(1)
Does the client have the right to dismiss his lawyer at any
time? Explain your answer.
(2)
Does the client have the right to hire another lawyer as
collaborating counsel at any time? Explain your answer.
(3)
When can a lawyer validly withdraw as counsel? Explain
your answer.
Answer:
(1)
Yes, the client has the right to dismiss his lawyer anytime
with or without cause. The reason is that a lawyers employment is
strictly personal and highly confidential in nature. The clients loss of
confidence in his lawyer deprives the relation of that special element of
trust.
(2)
Yes, the client has the right to hire another lawyer as
collaborating counsel anytime. It is the prerogative of the client to
employ as many attorneys as he may desire to protect his interest.
(3)
A lawyer can validly withdraw as counsel for good cause
and upon notice. Canon 22, Rule 22.01 provides that a lawyer may
withdraw his services in any of the following cases:
(a)
When the client pursues an illegal or immoral course
of conduct in connection with the matter he is handling;
(b)
When the client insists that the lawyer pursue
conduct violative of these canons and rules;
(c)
When his inability to work with co-counsel will not
promote the best interest of the client;
(d)
renders it difficult for him to carry out the employment
effectively;
(e)
When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer agreement;
(f)
office; and
When the lawyer is elected or appointed to public
(g)
Other similar cases.
Question No. 5:
(1)
You are a young, brilliant and promising lawyer.
Unfortunately, these qualities do not seem to attract as many clients
as you wish. Your friend suggested that you advertise. He just arrived
from the States and has seen print and television advertisements of
lawyers. What kind of advertising, if any, can you do? Explain your
answer.
Atty. Dulcinea writes a regular column in a newspaper of general
circulation and articles on unforgettable legal stores in a leading
magazine. Her by-line always includes the name of her Firm where she
is a name partner. Would you consider this as improper advertising?
Explain your answer.
Answer:
(1)
There must be a written motion filed by the lawyers with
the consent of the client and approval by the court. The ethics of the
profession forbids a lawyer to solicit professional employment by
circulars,
advertisements.
Even
indirect
advertisements
for
professional employment offend the traditions and lower the dignity of
the legal profession. The lawyer may make announcement of true,
honest, fair, dignified and objective information or statement of facts
(Canon 3).
(2)
Atty. Dulcineas by-line including the firm name where she
belongs is improper because it is an indirect way of solicitation or is an
advertisement of the law firm.
Question No. 6:
The agreement between the estranged husband and wife
provided for, among others, the liquidation of the conjugal partnership
of gains, custody of the children, and support for the children. In the
same agreement, the couple waived the right to prosecute each other
for bigamy, adultery, concubinage and whatever acts of infidelity.
There was also a condonation provision. The agreement was prepared
and notarized by a lawyer who was the best man at the wedding. What
are the liabilities, if any, of this lawyer? Explain your answer.
Answer:
The document executed by the spouses is immoral and contrary
to law. The lawyer who drafted and notarized all said documents
committed malpractice and can be disbarred or suspended. Although
the principal duty of the notary public is to ascertain the identity of the
parties and the voluntariness of the declaration, it is nevertheless
incumbent upon him to guard against any illegal or immoral
agreement.
Question No. 7:
(1)
Discuss briefly your understanding of the relationship
between an attorney and his client.
(2)
How is such a relationship created? Explain your answer.
Answer:
(1)
The relationship between an attorney and client is
fiduciary, confidential and personal. By virtue thereof, the lawyer owes
fidelity to the cause of his client and he shall be mindful of the trust
and confidence reposed in him.
(2)
The attorney and client relationship is created by implied
or express contract. The relationship is also created if he is a court
appointed counsel.
Question No. 8:
(1)
Does the mistake of an attorney bind his client? Explain
your answer.
(2)
Does the negligence of an attorney bind his client? Explain
your answer.
Answer:
(1)
Yes, mistakes of an attorney bind his client. This
consequence is based on the rule that any act performed by the lawyer
within the scope of his general and implied authority is regarded as the
act of his client.
(2) Likewise, the negligence of the counsel also binds the client.
Under the system of advocacy, the client has to bear the adverse
consequences of the mistake and negligence of his counsel and may
not be heard to complain that the result might have been different had
he proceeded differently.
An exception, however, may be applied if the mistakes or
negligence is so gross that injustice may have resulted.
Question No. 9:
(1)
Discuss briefly the grounds for disqualification or inhibition
of judges to try
a case.
(2)
A judge rendered a decision in a criminal case finding the
accused guilty of estafa. Counsel for the accused filed a motion for
reconsideration which was submitted without arguments. Later,
another lawyer entered his appearance for the accused. The judge
issued an order inhibiting himself from further sitting in the case
because the latter lawyer had been among those who recommended
him to the Bench. Can the judge's voluntary inhibition be sustained?
Answer:
(1)
Under Rule 137 Section 1 of the Rules of Court, a judge is
disqualified to sit in every case in which he, or his wife or child, is
pecuniarily interested as heirs; legatee, creditor, or otherwise, or in
which he is related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the fourth degree
computed according to the rules of civil law or in which he has been
executor, administrator, guardian, trustee or counsel, or in which he
has presided in any inferior court when his ruling or decision is the
subject of review, without the written consent of all parties in interest,
signed by them and entered upon the record. This rule enumerates the
grounds under which a judge is legally disqualified from sitting in a
case, and excludes all other grounds not specified therein. The judge
may, however, in the exercise of his sound discretion, disqualify
himself from sitting in a case, for just or valid reasons other than those
mentioned above.
Under said rule, the judge may voluntarily inhibit himself from
sitting in a case, for just and valid reasons other than those mentioned
in the rule.
(2)
The judge may not voluntarily inhibit himself by the mere
fact that a lawyer recommended him to the Bench. In fact, the
appearance of said lawyer is attest as to whether the judge can act
independently and courageously in deciding the case according to his
conscience. Inhibition is not allowed at every instance that a friend,
classmate, associate or patron of a presiding judge appears before him
as counsel for one of the parties to a case. Utang na loob, per se,
should not be a hindrance to the administration of justice. Nor should
recognition of such value in Philippine society prevent the performance
of ones duties as judge, x x x. (Masadao and Elizaga Re: Criminal
Case No. 4954-M; 155 SCRA 78- 79). However, in order to avoid any
suspicion of partiality, it is better to the judge to voluntarily inhibit
himself.
Question No. 10:
An RTC judge was designated as member of a Provincial
Committee on Justice created pursuant to Presidential Executive Order
No. 856. The provincial committees on justice were created to ensure
the speedy disposition of cases of detainees. Among the functions of
the committee are: (1) receive complaints against any apprehending
officer, jail warden, fiscal or judge who may be found to have
committed abuses in the discharge of his duties and refer the same to
the proper authority for appropriate action; and (2) recommend
revision of any law or regulations which is believed prejudicial to the
proper administration of justice.
This committees are under the supervision of the Secretary of
Justice.
Before accepting the designation, the judge requested for the
issuance of a resolution authorizing him to accept their appointment.
Can the request be granted? Why?
Answer:
In Re: Designation of Judge Rodolfo Manzano, Regional Trial Court
of Ilocos Norte as member of the Provincial Committee on Justice, the
Supreme Court ruled that Judge Manzano should decline said
designation because he will be performing non-judicial functions in

violation of the Constitution. The Committee in fact has to submit
reports and recommendation to the Secretary of Justice who is in the
executive branch. It violates the principle of separation of powers.
In view thereof the request of the RTC judge may not be granted.
Question No. 11:
Huey Company and Dewey Corporation are both retainer clients
of Atty. Alvarez. He is the Corporate Secretary of Huey Company. He
represents Dewey Corporation in three pending litigation cases. Dewey
Corporation wants to file a civil case against Huey Company and has
requested Atty. Alvarez to handle the case.
(a)
What are the options available to Atty. Alvarez? Explain
your answer.
(b)
If you were Atty. Alvarez, which option will you take?
Explain your answer.
Answer:
(a)
Considering that both Huey Company and Dewey
Corporation are his retainer clients, Atty. Alvarez should exert efforts to
effect an amicable settlement of the civil case.
The other option is for Atty. Alvarez to inhibit himself from filing
the civil case of the Dewey Corporation against the Huey Company as
he might be appearing for conflicting interests.
(b)
If I were Atty. Alvarez, I shall take as first option the
amicable settlement of the case. This is in compliance with the
obligation of the lawyer to discourage lawsuit. In the event that an
amicable settlement is not concluded, I shall inhibit myself from filing
the civil case in order to avoid appearing for conflicting interests.
Question No. 12:
Judge Masungit convicted the accused. The Supreme Court
remanded the case to the trial court for new trial. The counsel for the
accused petitioned the Supreme Court that the new trial be held before
another judge because Judge Masungit had formed a prejudice against
the accused. The petition was denied. The counsel for the accused
then asked Judge Masungit to inhibit himself but Judge Masungit

refused. A few days before the trial, the counsel for the accused filed
an urgent motion seeking to disqualify Judge Masungit. Judge Masungit
held the counsel for the accused in contempt.
Was Judge Masungit correct in citing the counsel for the accused
in contempt? Explain your answer.
Answer:
Judge Masungit committed an error in holding in contempt of
court the counsel for the accused for his motion to disqualify the judge
in the case for new trial.
While it may be true that the ground for disqualifying the judge
for his ruling before the motion for new trial was granted may not be a
valid ground for disqualifying the judge from sitting in the case, the
judge should not consider it an offense which will amount to contempt
of court if counsel for the accused moves for his disqualification.
The Supreme Court set guidelines on the matter of inhibition of
judges in Pimentel vs. Salonga, 21 SCRA 160 that all judges should pay
attention to the appropriate guidelines in a situation where their
capacity to try and decide fairly and judiciously comes to the fore by
way of challenge from any one of the parties. A judge may not be
legally prohibited from sitting in a litigation, but, when a suggestion is
made of record that he might be induced to act in favor of one party or
with bias or prejudice against a litigant arising out of circumstances
reasonably capable of inciting such a state mind, he should conduct a
careful self-examination. He should exercise his discretion in a way that
the peoples faith in the courts of justice is not impaired.
Question No. 13:
Gabriel, married to Bonita, wants to sell a residential lot in Ayala
Alabang to Anastacia, a widow. The property is covered by Transfer
Certificate of Title No. 1434477 and consists of 1,500 square meters,
more or less. The agreed purchase twice is Five Thousand Pesos
(P5,000.00) per square meter. The parties also agreed on other matters
such as payment of taxes, registration and transfer fees, and village
association dues.
Prepare the appropriate contract together with the notarial page. Do
not use your name as notary public.
Answer:
DEED OF ABSOLUTE SALE OF REAL PROPERTY

That I, GABRIEL, married to Bonita, Filipino citizen, of legal age,
and resident of 261 R. Hidalgo St., Quezon City, herein after known as
VENDOR and ANASTASIA, widow, Filipino citizen, of legal age and
resident of 262 R. Hidalgo St., Quezon City, hereinafter known as
VENDEE, hereby execute this document,
(1)
That the VENDORS are the absolute owners of a
residential lot in Ayala Alabang, with an area of 1,500 square meters
covered by Transfer Certificate Title No. 1434477, Registry of Deeds of
Rizal;
(2)
That for and in consideration of the sum of FIVE
THOUSAND PESOS (P5,000.00) per square meter or a total of
P2,500,000.00 receipt of which we hereby acknowledged by these
presents, we hereby sell, transfer and convey to the VENDEE
ANASTASIA the aforesaid described parcel of land together with all
improvements thereon;
(3)
That the VENDORS undertake to pay all taxes, registration
and transfer fees while the VENDEE shall pay the village association
dues.
IN WITNESS WHEREOF, we hereunto sign this deed of absolute
sale at Ayala Alabang, Province of Rizal on this 24th day of September
1989.
ANASTASIA
Vendee
GABRIEL
Vendor
With my marital consent:

BONITA
Witnesses
PROVINCE OF RIZAL
ALABANG, MUNTINLUPA
)
)
) S.S.
On this 24th day of September 1989 in Alabang, Province of Rizal

personally appeared before me, to me known, and known to me to be
the same persons who executed the foregoing Deed of Sale Gabriel
and his spouse Bonita with Residence Certificate Nos. 12345 and 6789
respectively issued at Pasig, Rizal on January 5, 1989 and Tax Account
No. A47896 and Anastasia with Residence Certificate No. 76543,
issued at Quezon City on January 5, 1989 and Tax Account No. 7475.
Witness may hand and seal on the date aforementioned.
JUAN CRUZ
Notary Public
December 31, 1989.
I.B.P. No. 12345
P.T.R. No. 12345
Doc. No. 1
Page No. 15
Book No. I
Series of 1989
Prepare an information charging the accused with bigamy.
Assume all necessary details. Do not use your name.
Answer:
BRANCH I, MANILA
Plaintiff
Crim. Case No. 1
For Bigamy
- versus JUAN CRUZ
Accused
INFORMATION
Undersigned Fiscal accuses JUAN CRUZ of the Crime of Bigamy
That on or about August 10, 1989, in the City of Manila,
Philippines, the said accused, being then legally married to Petra de
Jesus and without such marriage having been legally dissolved said
marriage still existing and valid, did there and willfully, unlawfully and
felicitously contract a second marriage with Elizabeth Sison in the City
of Manila.
Contrary to law.
DOMINGO PEREZ
Fiscal
CERTIFICATE OF PRELIMINARY INVESTIGATION
I hereby certify that preliminary investigation in this case had
the complainant and her witnesses; that there is reasonable ground to
believe that the offense charged had been committed; and that the
accused is probably guilty thereof; that the accused was informed of
the complaint and of the evidence submitted against him and was
given the opportunity to submit controverting evidence; and that the
filing of this information is with the prior authority and approval of the
City Fiscal.
DOMINGO PEREZ
Assistant Fiscal
Bail recommended P10,000.00.
Question No. 14:
You are the lawyer of the plaintiff in a collection case. The
defendant, in his answer, admitted the material allegations of your
complaint.
Prepare a motion for judgment on the pleadings. Omit Caption
and Title. Assume all necessary details. Do not use your name.
Answer:
MOTION FOR JUDGMENT ON THE PLEADINGS
COMES now the plaintiff through the undersigned counsel in the
above entitled case and to this Honorable Court respectfully alleges:
1.
That on September 1, 1989, plaintiff filed a complaint for
sum of money in the amount of P50,000.00 against the defendant;
2.
That in his answer, defendant admitted the obligation, but
that he was asking for an extension of time to pay his obligation and
instead the herein complaint was filed;
3.
That said answer admits the material allegations of the
complaint and has not tendered any issue;
4.
rendered.
That in view thereof, a judgment on the pleadings can be
WHEREFORE, it is respectfully prayed that this Honorable Court

render judgment on the pleadings.
Manila, Philippines, September 24, 1989.
MANUEL PEREZ
Counsel
for
Plaintiff
Melvar,
Manila
32
NOTICE OF HEARING
To Atty. Pedro Cruz
261 R. Hidalgo, Manila
Please be notified that the foregoing motion is set for hearing on
Friday, September 29, 1981 at 8:30 a.m. or as soon thereafter as
counsel may be heard.
MANUEL PEREZ
Copy furnished:
Atty. Pedro Cruz
261 R. Hidalgo, Manila
Question No. 1:
a)
What is the first and most important duty of an attorney?
Why?
b)
How should a lawyer view representation of the poor, the
marginalized, and the oppressed before our courts of justice? Explain.
Answer:
a)
The first and most important duty of the lawyer is his duty
to the court. The reason is that the attorney is an officer of the court.
He is an officer of the court in the sense that his main mission is to
assist the court in administering justice. His public duties takes
precedence over his private duties.
b)
As an officer of the court the lawyer has the duty of
representing the poor, the marginalized and the oppressed without
expecting to be compensated for his services. One of the main duties
of the lawyer is to maintain the rule of law. The rule of law cannot be
maintained of the poor, the oppressed or marginalized are not afforded
legal services to protect their rights against the rich and the privileged.
The lawyer should not consider it as a duty and not as a charitable
work.
Question No. 2:
An attorney-client relationship starts from the moment the
attorney is engaged or retained.
a)
Discuss briefly the different types of fee arrangements an
attorney may enter into with his client.
b)
In the absence of such a fee arrangement, hpw would the
services of an attorney be compensated? Explain.
c)
What is a champertous contract? What is its effect in this
jurisdiction? Why?
Answer:
a)
The following are the types of fee arrangements:

1.
Retainers fee where lawyer is paid for services for
an agreed amount for the case.
2.
The lawyer agrees to be paid per court appearance.
3.
Contingent fee where the lawyer is paid for his
services depending on the success of the case. This applies
usually in civil suits for money or property where the lawyers fee
is taken from the award granted by the court.
4.
Attorney de Ojicio. The attorney is appointed by the
court to defend the indigent litigant in a criminal case. The client
is not bound to pay the attorney for his services although he may
be paid a nominal fee taken from a public fund appropriated for

the purpose.
5.
Legal Aid. The attorney renders legal services for
those who could not afford to engage the services of paid
counsel.
6.
Quantum merit basis. If there is no specific contract
between the lawyer and the client, the lawyer is paid on
quantum merit basis that is what the lawyer deserves for his
services.
b)
In the absence of a fee arrangement, the lawyer is paid on
a quantum merit basis. The factors to be taken into consideration in
determining the amount are:
1.
2.
The amount and character of the services rendered;

The labor, time and trouble involved;
3.
The nature and importance of the litigation or
business in which the services were rendered;
4.
The amount of money or the value of the property
affected by the controversy involved in the employment;
5.
The skill and
performance of the services;
6.
attorney;
7.
experience
called
for
in
the
The professional character and social standing of

The results secured; and
8.
Whether or not the fee is absolute or contingent.
(Delgado vs. dela Rama, 43 Phil. 499; Panis vs. Yangco, 52 Phil.
499; de Guzman Visayan Rapid Co., 68 Phil 643.)
c)
A champertous contract is where the attorney agrees to
prosecute the case at his own expenses for the recovery of property or
money for the client, the latter agree to pay the attorney from a
portion of property on money awarded.
Champertous contracts are void in this jurisdiction as contrary to
public policy for the reason that it encourages unnecessary litigation.
In a champertous contract, the lawyer is encouraged to solicit cases.
Question No. 3:
Atty. J. Bonanza, a semi-retired Metro Manila practitioner has a
cattle ranch in the remote municipality of Carranglan, Nueva Ecija. He
attends to his law office in Manila on Mondays, Tuesdays, and
Wednesdays, and the rest of the week he spends in his cattle ranch
riding horses.
In a criminal case pending before the Municipal Trial Court of
Carranglan, the only other licensed member of the bar in the place is
representing the complainant. The accused is a detention prisoner. The
judge wants to expedite proceedings.
a)
What must the judge do to expedite proceedings?
b)
If Atty. Bonanza is requested to act as counsel for the
accused, could he or should he refuse by saying that in the province,
he wants to do nothing except ride horses and castrate bulls? Explain.
Answer:
a)
The judge may appoint attorney Bonanza as counsel de
oficio considering that the accused is a detention prisoner and
therefore it is assumed that he has no financial means of engaging a
paid counsel.
b)
The attorney cannot refuse to be appointed as counsel de
oficio merely on the reason that he is a semi-retired practising lavyyer.
Precisely one of the reasons for the integration of the bar on the
Philippines is to compel all person who have been admitted to the
practice of law in the Philippines to perform their duties to assist the
courts in the administration of public.
Question No. 4:
a)
Hessy Prado is a successful law practitioner in Metro Manila
with clients all over the country. He has a cousin who practices law in
Davao where he (Atty. Prado), likewise, has some clients. Meeting
each other in a national convention of lawyers, Atty. Prado proposed to
his cousin referrals of cases from time to time in exchange for a certain
percentage of the fees.
1.
Is the proposal proper? Explain.
2.
If your answer is in the negative, under what type of
arrangement can the proposal be considered proper? Explain.
b)
Abad and de los Reyes, both lawyers, and Salazar, a
certified public accountant, in order to enhance their respective
practice, desire to pool their resources together and establish a
partnership for the combined purposes of law and accounting practice
under the firm name of Abad, de los Reyes, Salazar & Associates.
Is the proposed partnership allowed? Reasons.
Answer:
a)
1. The proposal of Hessy Prado is improper. A lawyer may
not delegate his duties to other lawyers without the consent of his
client. The attorney and client relationship is personal based on trust
and confidence. Moreover, the canons prohibit division of attorneys
fees without division of work.
b)
The partnership is improper. Lawyers should not associate
with non-lawyers in the practice of their profession. The mission of an
attorney is to assist courts in the administration of justice while
accounting practice is mainly based on business. Moreover, the
accountants are not bound by with canons of legal ethics.
Question No. 5:
a)
Under what instances or circumstances may an attorney
be permitted to withdraw as counsel for his client?
b)
You are counsel for Don Juan Roxas who is a wealthy
businessman residing in Forbes Park. While he never questions your bill
for legal services, he never pays you on time, and subjects you to the
indignity of having to personally call him up at least seven times before
he pays his bills. This, needless to say, irritates you no end.
Are you justified in withdrawing from acting as counsel for Don
Juan Roxas? Explain.
Answer:
a)
An attorney may withdraw as counsel of a client on the
following grounds:
1.
When the client pursues an illegal or immoral course
or conduct in connection with the case he is handling,
2.
When the client insists that the lawyer pursue
conduct violative of these canons and rules;
3.
When his inability to work with co-counsel will not
promote the best interest of the client;
4.
renders it difficult for him to carry out the employment
effectively;
5.
When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer agreement; and
6.
The lawyer may also withdraw from the case if he
finds out that he might be appearing for a conflicting interest.
In all the above cases, the lawyer must file a written
motion with the express consent of his client and must wait
for the approval of the court,
b)
Yes, I am justified in withdrawing from the case but it
should be with the express consent of Don Juan Roxas and the approval
by the court. One of the valid reasons for withdrawal of counsel is
when the client deliberately fails to pay attorneys fees for sendees
rendered. In the case in question, Don Juan Roxas has all the financial
means to pay the attorneys fees agreed upon. It is certainly degrading
on the lawyer to practically beg for the payment of attorneys fees for
services rendered.
Question No. 6:
A known grafter in the government approaches you for the
purpose of organizing a corporation to engage in the general
construction businessprincipally to participate in public bidding for
road and bridge constructions. He requests you and your law partners
to be the incorporators because he does not want his name to appear
in the articles of incorporation.
a)
Will you accept the engagement? Why or why not?
b)
May a lawyer criticize a decision of the court? Explain.
Answer:
a)
I will not accept the engagement for three reasons. In the
first place, the person is a known grafter. He is engaging my services
not as an attorney but for a business transaction. The legal profession
is not a business but a noble mission to assist in the administration of
justice. In the second place, knowing him to be a grafter, he might be
using my law partnership only as a front for the purpose of committing
graft and corruption. In the third place, I will be illegally and unethically
associating my legal profession with a business venture which is not
proper.
b)
Yes, a lawyer may criticize a decision of the court but on
legal grounds and with respectful language. The lawyer in the course of
the criticism should not slander the judge or attack his personality to
the extent of degrading the dignity and respect due to court of justice.
If the lawyer has evidence on the personal behavior of the judge he
must file administrative charges against him.
Question No. 7:
In a prosecution for murder against a ranking army officer, the
latter engaged the services of Atty. Carlos Malilin, a well-known trial
lawyer, to whom the officer in one of their conferences disclosed a plan
to eliminate or salvage i.e., kill or otherwise cause to disappear
the only witness, a fellow military officer, through a contrived traffic or
highway accident.
a)
What are the legal and moral obligations of Atty. Carlos
Malillin t.o his client and to the authorities, under the given
circumstances?
b)
Should the planned accident take place and the only
witness for the prosecution be killed as a result, is Atty. Carlos Malillin
under any obligation to disclose to the authorities the plan that his
client had mentioned to him as above mentioned? Reasons.
Answer:
a)
Attorney Malillin has the moral and legal obligation to
advise the army officer not to execute his plan. If the accused army
officer does not abide by his advise, Atty. Malillin should withdraw from
the case.
b)
Atty. Malillin has the obligation to testify in said case if he
is called upon by the Court to do so. The obligation of the lawyer to
keep the secrets of his client obtained in the course of his employment
covers only lawful purposes.
Question No. 8:
a)
In Administrative Circular No. 1 addressed to all lower
courts dated January 28, 1988, the Supreme Court stressed:
All judges are reminded that the Supreme Court has
applied the Res Ipsa Loquitur rule in the removal of
judges even without any formal investigation whenever a
decision, on its face, indicates gross incompetence or gross
ignorance of the law or gross misconduct (See: People vs.
Valenzuela, 135 SCRA 712; Cathay Pacific Airways vs.
Romillo, Jr., 142 SCRA 262).
The application of the res ipsa loquitur rule in the removal of
judges is assailed in various quarters as inconsistent with due process
and fair play.
Is there basis for such a reaction? Explain.
b)
How shall a judge conduct court proceedings? May he
participate intensively in the examination of the wit-nesses? Explain.
Answer:
In on view, there is a basis for the reaction against the res ipsa
loquitur rule on removing judges. According to the position taken by
the Philippine Bar Association. The res ipsa loquitur rule might violate
the principle of due process, that is the right to be heard before one is
condemned
Moreover, Rule 140 of the Rules of Court provides for the
procedure for the removal of judges. Upon service of the complaint
against him, he is entitled to file his answer. If the answer merits a
hearing, it is referred to a justice of the Court of Appeals for
investigation, the report of the investigation is submitted to the
Supreme Court for proper disposition.
The danger in applying the res ipsa loquitur rule is that the judge
may have committed only an error of judgment. His outright dismissal
does violence to the jurisprudence set In Re Horilleno, 43 Phil. 212.
The other view taken by the Supreme Court is that the lawyer or
a judge can be suspended or dismissed based in his activities or
decision, as long as he has been given an opportunity to explain his
side. No investigation is necessary.
b) A judge should not participate intensively in the examination
of witnesses. He may ask questions only to clarify some points but not
to the extent of taking the place of a counsel, otherwise he may be
accused of partiality. In other words he should assume the posture of
cold neutrality of a judge.
Question No. 9:
a)
On what grounds may a judge be disqualified, or asked to
voluntarily inhibit himself from hearing a case? Briefly explain each
ground.
b)
Atty. Andres has been in the active practice of law for the
last 25 years in Makati, Metro Manila. Quite a number of his cases are
pending before the Metropolitan Trial Court in Makati. Recently, his
brother Eduardo was appointed judge to preside over one of the three
(3) branches of that court. Some of the cases being handled by Atty.
Andres were raffled or assigned to the branch presided by Judge
Eduardo. Judge Eduardo inhibited himself from hearing those cases
handled by his brother, Atty. Andres. Now, Judge Santander, to whose
sala most of the cases were re-assigned, complained and suggested to
Judge Eduardo that Atty. Andres should inhibit or refrain from handling
cases in Makati.
Is there basis for the complaint of Judge Santander? Explain.
Answer:
a)
Rule 137, Section 1 of the Rules of Court provides that a
judge is disqualified Rom sitting on any case in which he or his wife or
child is pecuniarily interested as heir legatee, creditor or otherwise or
in which he is related to either party within sixth degree of
consanguinity of affinity or to counsel within the fourth civil degree.
Under the last sentence of Rule 137, Section 1 of the Rules of

Court, a judge may voluntarily inhibit himself from participating in a
case for just and valid reasons.
The rule on voluntarily inhibition of judges was set by the Supreme
Court in Pimentel vs. Salonga, 21 SCRA160 as follows:
All the foregoing notwithstanding, this should be a
good occasion as any to draw the attention of all judges to
appropriate guidelines in a situation where their capacity to
try and decide fairly and judiciously comes to the fore by
way of challenge from any one of the parties. A judge may
not be legally prohibited from sitting in a litigation. But
when the suggestion is made of record that he might be
induced to act in favor ' of one party or with bias or
prejudice against a litigant arising out of circumstances
reasonably capable of inciting such a state of mind, he
should conduct a careful self-examination.
He should exercise his discretion in a way that the peoples faith
in the courts of justice is not impaired.
b)
There is no valid basis for the complaint of Judge
Santander. Precisely, Judge Eduardo had properly inhibited himself
from participating in all the cases wherein his brother lawyer is
appearing in accordance with Rule 137 of the Rules of Court.
It would be unreasonable to prohibit Andres from handling cases in
Makati where he was practicing for twenty five years. It is his means of
livelihood and he has his duties to his clients.
Question No. 10:
a)
The position of a judge, exalted though it may be, involves
certain risks or hazards of the profession. May he be held liable
for malfeasance or misfeasance in office?
1.
What are these acts of malfeasance or misfeasance in
office? State the nature of the judges liability.
2.
Reasons.
Are Justices of the Supreme Court similarly liable?
b)
Judge Bantayog signed a decision (sentence), dated
January 31, 1979, convicting the accused of murder and set the
promulgation thereof on February 9, 1979, which was postponed on
motion of the accused and did not therefore take place. This gave the
judge time for further deliberation which created on his mind doubt as
to the guilt of the accused. He therefore drafted and signed another
decision also dated January 31, 1979 which rendered a judgment of
acquittal. This was promulgated. Atty. Jesus, counsel for the
complainant, somehow was able to get a copy of the unpromulgated
copy of the decision and now has charged Judge Bantayog of
misconduct.
Will the charge prosper? Explain. Also comment on the Conduct
of Judge Bantayog.
Answer:
a)
Under the Revised Penal Code (Art. 204), a judge may be
held criminally liable for knowingly rendering an unjust, judgment in
any case submitted to him for decision. This is deemed to be
misfeasance, that is the improper doing of an act which he might
lawfully do. It may also constitute malfeasance, that is the doing of an
act which he should not have done.
To discipline a judge under the said provision, it must be clearly
shown that the judgment or order is unjust as being contrary to law or
not supported by evidence, and that the judge rendered it with
conscious and deliberate intent to do an injustice. It is not merely error
of judgment.
Question No. 11:
Prepare a contract of lease of an apartment unit for P5,000.00 a
month between Mr. Jesus Santos as lessor and Mrs. Olivia Palpallatoc
as lessee, for a period of twenty-four (24) months. Supply the other
facts required in a contract of lease. Include an acknowledgment.
Answer:
CONTRACT OF LEASE
This agreement made on this 30th day of September 1987
between JESUS SANTOS, hereinafter known as LESSOR, Filipino citizen
residing at No. 40 Limon Street, Quezon City and Mrs. Olivia
Palpallatoc, Filipino citizen married to Juan Palpallatoc residents of No.
40 Kitanlad, Quezon City, hereinafter known as LESSEES hereby agree

by the presents:
1.
That the LESSOR is registered owner of an apartment
located at No. 10 Kitanlad, Quezon City, covered by TCT No. 14789,
Registry of Deeds, Quezon City;
2.
That for the consideration of the rental of P5,000.00 a
month for a period of 24 months from the date of the execution of this
contract, the LESSOR hereby lease unto the LESSEES the aforesaid
described apartment;
3.
That the LESSEES bind themselves to pay the said
monthly rental within the first 10 days of each month;
4.
That the LESSEES shall use the said apartment for
residential purposes only.
IN WITNESS HEREOF, we have set our signatures on this 30th day of
September 1987 in Quezon City.
JESUS SANTOS
Lessor
OLIVIA PALPALLATOC
Lessee
PEDRO SISON
Witness
JUAN PALPALLATOC
Lessee
JUAN REYES
Witness
In this 1st day of October 1987 personally appeared before me

JESUS SANTOS, OLIVIA PALPALLATOC and JUAN PALPALLATOC, to me
known as the same persons who executed the foregoing contract of
lease and acknowledged to me that the same is their free act and
voluntary deed. JESUS SANTOS exhibited to us his Residence
Certificate No. 123 issued at Quezon City on January 10, 1988 and TAN
512356-18. OLIVIA PALPALLATOC Residence Certificate No. 78766
issued at Quezon City on January 11, 1988 and TAN 571179.
JUAN CRUZ
Notary Public
My Commission Expires
on
December 31, 1988
DCR. No. 5
Page No. 7
Book No. 1
Series of 1988
Question No. 12:

a)
Prepare a complaint for ejectment under the facts stated
in the question immediately preceding (Question No. XI) for failure to
pay three consecutive monthly rentals Supply the other necessary
facts.
b)
Prepare a motion to dismiss the complaint referred to in
(a) hereof on two legal grounds.
Answer:
a)
COMPLAINT FOR EJECTMENT

Metropolitan Trial Court
Quezon City
Branch 1
Jesus Santos
Plaintiff
Civil Case No. 10

For Ejectment
vs.
OLIVIA PALPALLATOC and
JUAN PALPALLATOC,
Defendants.
COMPLAINT
COMES NOW, the plaintiff through the undersigned counsel and
to either Honorable Court, respectfully alleges:
1)
The Plaintiff is a Filipino citizen resident of 40 Luis St.
While the defendants are spouses, Filipino citizens and residing at No.
10, Kitanlad St., Quezon City where they may be served with
summons;
2)
That on September 30, 1988 a contract of lease entered
into between the plaintiff leased unto the defendants a certain
apartment for a monthly rental of P5,000.00 a month. A copy of said
contract is hereto attached as Annex A;
3)
That defendants have failed to pay the monthly rental
from January to March 1987 in the total amount of P15,000.00;
4)
That despite written and oral demands, the last demand
having made on April 1, 1987, defendants failed and refused to pay
said rentals in arrears thereby notifying them to vacate the apartment;
5)
That due to the unjustified refusal of the defendants to pay
the rental for over 3 months, the plaintiff was compelled to file the
instant suit engaging the services of counsel for the amount of
P5,000.00.
WHEREFORE, it is respectfully prayed that judgment be rendered
ordering the defendants to vacate the apartment and to pay the
unpaid rentals starting from January 1988 until they have actually
vacated the premises and to pay the attorneys fees in the amount of
P5,000.00 and costs of this suit.
Quezon City, September 30, 1988.
JOSE REYES
Counsel
for
Plaintiff
PTR No. 7755
January 10, 1988
VERIFICATION
JESUS SANTOS, after having been duly sworn in accordance with
law hereby deposes:
That he is the plaintiff in the above entitled case for ejectment and that
all the allegations therein are true and correct.
Quezon City, October 1, 1987.
JOSE REYES
SUBSCRIBED AND SWORN TO before me this 1st day of October
1987 in Quezon City, affiant having exhibited to me his Residence
Certificate No. 1423 issued in Quezon City on January 10, 1987.
Until
1988
Doc. No. 5
Page No. 6
Book No. II
BEN ROSARIO
Notary Public
December 31,
Series of 1988
b)
Quezon City Branch 1
JESUS SANTOS
Plaintiff,
versus
For Ejectment
OLIVIA PALPALLATOC and

JUAN PALPALLATOC,
Defendants.
MOTION TO DISMISS
COMES NOW, the defendants through undersigned counsel in the
above entitled case to this Honorable Court respectfully move to
dismiss the complaint on the following grounds:
1.
That the claim or demand for rentals from January to
March 1988 have been paid;
2.
action.
That the complaint does not state a sufficient cause of
ARGUMENTS
1.
That the rentals for the months of January to March 1987,
have been tendered to the plaintiff as shown in the checks sent to him
by registered mail but plaintiff refused them on the pretext that he was
raising the amount of rentals to P10,000 a month.
2.
That the complaint states no sufficient cause of action
since the demand have been deemed to be satisfied.
WHEREFORE, it is respectfully prayed that the complaint be
dismissed with costs against the plaintiff.
Quezon City, October 10, 1988.
ESTEBAN CRUZ
Counsel for Defendants
PTR No. 7999
IBP OR No. 7999
NOTICE OF HEARING
Atty. Jose Perez
Samanillo Building
Escolta, Manila
Please be notified that the foregoing motion to dismiss will be set
for hearing on October 7, 1988 at 9:00 A.M. or as soon as counsel may
be heard.
ESTEBAN CRUZ
Counsel for Defendants
PTR No. 7999
IBP OR No. 7999
Copy served to:
Atty. Jose Perez
Counsel of Plaintiff
Question No. 13:
a)
Don Paquito Pamintuan, with a wife (Alma) and a son
(Casimiro), asks you to draft a holographic will for him so that in his
own handwriting he can copy it and thus avoid payment of attorneys
fees.
Make a draft of a holographic will. Supply the necessary facts but
use the alphabet for other necessary names.
b)
Draft a petition for the probate of Don Paquito Pamintuans
will.
Answer:
a)
HOLOGRAPHIC WILL
Manila, Philippines
September 30, 1987
I hereby execute this holographic will in my handwriting and in

the English language which I know how to read and write bequeathing
my lot and house located at No. 4 Taft Avenue, Manila to my son
CASIMIRO PAMINTUAN; my apartment located at 4 Remedios Street,
Manila to my wife, ALMA PAMINTUAN.
(Sgd.) PAQUITO PAMINTUAN
b)
Manila, Branch I
SP. Proceedings No. 1
PETITION FOR THE PROBATE OF THE
HOLOGRAPHIC WILL OF PAQUITO PAMINTUAN,
ALMA PAMINTUAN PETITIONER
COMES NOW, the petitioner through undersigned counsel in the
above entitled petition and to this Honorable Court respectfully alleges:
1.
That petitioner is a Filipino citizen residing at No. 4 Taft
Avenue, Manila and the widow of the deceased PAQUITO PAMINTUAN;
2.
That on December 1, 1987, PAQUITO PAMINTUAN died in
the Philippine General Hospital, Manila where he last resided;
3.
That on September 30, 1987 he executed a holographic
will in his own handwriting in English known to him. A copy of said
holographic will is hereto attached as Annex A, as his last will and
testament;
4.
That said will soon can be attested to as the handwriting
of the testator by Juan Cruz, who was his private secretary for a period
of 17 years;
5.
That the deceased left only two properties namely a lot
and house located at Taft Avenue and an apartment located at
Remedios Street, Manila;
6.
That he left as his only heirs the herein petitioner as his
widow and his son Casimiro both of whom are residing at No. 4, Taft
Avenue, Manila;
7.
That the deceased left no debts.
WHEREFORE, it is respectfully prayed that after due notice and

publication this Honorable Court fix the date for the probate of said
holographic will and that letters of administration be issued in favor of
the herein petitioner and thereafter adjudicate the properties of the
deceased in accordance with the said holographic will.
Manila, January 7, 1988
JUAN CRUZ
Counsel for the Petitioner
PTR No. 7890
IBP OR No. 17987
January 5, 1988
VERIFICATION
I, ALMA PAMINTUAN, after having been duly sworn to in
accordance with law hereby state that I am the petitioner in the above
entitled petition, that the allegations wherein is true and correct.
PONCIANO CRUZ
Notary Public
Doc. No 5
Page No. 7
Book No. 2
Series of 1988
MANILA, BRANCH 7
Plaintiff,
versus
X, Y, Z
Defendant.
INFORMATION
Undersigned accuses XYZ of the crime of theft committed as

follows:
That on or about September 1, 1988 in the City of Manila, the
herein accused willfully, unlawfully and feloniously, with intent to gain
and without the knowledge and consent of ABC the owner took a gold
necklace studded with diamonds valued as P50,000.00 to the prejudice
of said contrary to law.
PTC
Assistant City Fiscal
Manila
CERTIFICATION
conducted by me in accordance with law; that I have examined the
complaint and her witnesses; that there is a reasonable ground to
believe that a crime has been com-mitted and that said accused is
complaint against him and was given an opportunity to submit
controverting evidence and the filing of this information was with the
prior authority of the Fiscal. Manila, January 18,1988.
PTC
SUBSCRIBED AND SWORN TO before me this 18th day of January
1988 in the City of Manila.
LBC
Assistant Fiscal
List of Witness:
Bail Recommended:
Question No. 14:
a)
Using the alphabet for names, draft a criminal information
for the crime of theft. Supply the necessary facts.
b)
Fiscal Bartolo filed an information for the crime of theft of
a Rolex Watch valued at P50,000.00 against Jose Pobre, an 11 year old
orphan, with no known address, with the Metropolitan Trial Court of
Manila. You are the counsel for Jose Pobre. Draft a motion to quash the
information (Do not use your name)
Answer:
a)
MANILA, Branch 7
Plaintiff,
versus
X, Y, Z
Defendant.
INFORMATION
Undersigned accuses XYZ of the crime of theft committed as
follows:
That on or about September 1, 1988, in the City of Manila, the
herein accused willfully, unlawfully and feloniously, with intent to gain
and without the knowledge and consent of ABC, the owner took a gold
necklace studded with diamonds valued as P50,000.00 to the prejudice
of said contrary to law.
PTC
Assistant
City
Fiscal
Manila
CERTIFICATION
conducted by me in accordance with law; that I have examined the
complaint and her witnesses; that there is a reasonable ground to
believe that a crime has been committed and that said accused is
complaint against him and was given an opportunity to submit
controverting evidence and the filing of this information was with the
prior authority of the Fiscal. Manila, January 18, 1988.
PTC
SUBSCRIBED AND SWORN TO before me this 18th day of January
1988 in the City of Manila.
LBC
Assistant Fiscal
List of Witness:
Bail Recommended:
b)
MANILA (BRANCH I)
MOTION TO QUASH
Comes now the accused Jose Pobre through undersigned counsel
and to this Honorable Court in the above entitled case respectfully
moves to quash the information for the crime of theft on the grounds
that:
1.
IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD
CONSTITUTE A LEGAL EXCUSE OR JUSTIFICATION.
2.
THAT THIS COURT HAS NO JURISDICTION OF THE CASE.
ARGUMENT
The information alleges that the accused Jose Pobre is eleven
years old with no known address. Under Article 12, paragraph 3 of the
Revised Penal Code, a person over nine years of age and under fifteen
unless he acted with discernment is exempt from criminal liability.
Moreover, there is no allegation that the accused acted with
discernment. Even granting that he had acted with discernment, such
minor shall be proceeded against in accordance with Article 80 of the
Revised Penal Code.
Article 80 of the Revised Penal Code provides among others that
a minor unless sixteen years of age at the time of the commission of a
grave or less grave felony. The court shall suspend the proceedings
and shall commit such minor or to the custody or case of a public or
private, benevolent or charitable institution established under the law
for the care or education of orphaned, homeless, defective, and
delinquent children, or to the case and custody of any other
responsible person in any other place subject to the visitation of the

Director of Social Welfare.
WHEREFORE, it is respectfully prayed that the instant information
be dismissed and the accused be immediately be released for
detention.
Manila, September 2,1988.
PEDRO SISON
Counsel
Accused
PTR No
of
IBP No
NOTICE OF HEARING
Fiscal J. Bartolo
Office of the City Fiscal
Manila
Please be notified that the foregoing motion to quash is set on
Friday, Sept. 9,1988 at 9:00 a.m. or as soon thereof as counsel may be
heard.
PEDRO SISON
Copy furnished:
Fiscal Bartolo
Office of the City Fiscal
Manila
Question No. 15:
a)
What do you think of the suggestion from some sources for
the abolition of the bar examinations? Discuss.
b)
What alternatives to the bar examinations would you
suggest, bearing in mind the need to raise the standards of the law
profession, the judicial system, and the administration of justice.
Explain.
Answer:
a)
There is some merit in the abolition of the bar
examinations. Bar examination is not altogether an accurate means of
testing the knowledge of law. The means of selecting bar examiners
and the questions to ask are not consistent. It has been experienced in
the past that examiners ask unusually tough questions causing the
failure of even the better students in law. What is more the fact that
only about ten to fifteen percent of the candidates are given passing
marks shows that there is something wrong in examinations or in the
law schools that train students.
The real test of a good lawyer is his ability to analyze actual or
hypothetical cases and how he can present or defend them in court.
b)
One alternative to the bar examinations which is now used
in several countries is to have an effective and strict supervision of law
schools so that by the time the student graduates, he is thoroughly
prepared to be admitted to the bar. Aside from the strict supervision of
law schools, the graduate should be required to undergo at least one
year training in law firm of recognized reputation to be approved by
the Supreme Court. After one year of active training, the law firm will
certify to the Supreme Court that the candidate is ready to be admitted
to the bar.

Question No. 1
The following notice appeared in the Classified Ads of a Manila
newspaper of-general circulations:
NARUSU DIVORCE
John Williams
A lawyer in Narusu, is giving free literature on NARUSU
divorce through the undersigned, during office hours Monday
thru Friday.
SUCH DIVORCE CASES, OBTAINABLE IN TWO WEEKS
AND VALID WORLDWIDE, INVOLVE NO TRAVEL TO NARUSU
IF BOTH PARTIES SIGN.
Other information, such as adoption and child custody and

support, and division of conjugal assets will be explained by the
undersigned.
(Atty.) JCR
Bahay Cubo Bldg.
Calle St.
Tel. 10779
(a)
Does such a printed notice or ad, constitute permissible
advertisement on the part of Atty. JCR?
(b)
Considering the general prohibition against blatant
advertisement/touting, and the restrictions on a lawyers privilege to
attract clients, may Atty. JCR be disciplined for a breach of
professional ethics?
Answer with reasons.
Answer:
1.
(a) The printed notice constitutes improper advertising and

solicitation of Attorney JCR on two counts:
On the first count, the notice advertises the skill and
connection with a foreign lawyer on a certain type of
service.
On the second count, the service promotes absolute
device which is not allowed under Philippine law. It
attacks marital stability which a lawyer is not supposed to
promote.
(b) Yes, Atty. JCR may be disciplined for a breach of
professional ethics. Aside from his improper solicitation,
Atty. JCR tries to represent to local clients that he is in
association with a foreign lawyer who is not allowed to
practice law in the Philippines (Dacanay vs. Baker and
McKenzie, 136 SCRA 349).
Question No. 2
In the newspaper there have appeared from time to time, the

entire texts of pleadings, memoranda, etc. in important cases involving
public interest. In several instances, these published papers, pleadings,
etc. indicate that a well-known former member of the Judiciary has
signed such papers thus:
X, Y and Associates
Counsel for Respondents
By: Justice X
Does the foregoing constitute a breach of legal or professional
ethics on the part of the law firm and the signing partner?
Answer:
Yes, the submission of court pleadings by a former member of
the judiciary signing as Justice creates undue advantage over
ordinary practicing lawyers. While Justice X is not prohibited from
practicing law after his retirement, he should sign his name without
necessarily indicating that he was a justice.
Question No. 3
Mr. CD was the son of a deceased person who originally owned
vast properties in Manila. CD approached Atty. EF and asked the latter
to help him recover what he felt was his legal share in the estate, of
which he had been allegedly deprived by his elder brother. It turned
out, however, after a review of the papers submitted by the client, that
the following had already transpired: (a) The estate of the father was
settled and distributed pursuant to administration proceedings
terminated five years before; and (b) the client CD had actually field
cases against his brother to recover his alleged share, namely, a case
for revonveyance, and a case of unlawful detainer, both of which had
also been closed and terminated. The client, however, told Atty. EF that
he had documentary evidence showing that his brother had executed
to the court in the administration proceedings, all of which showed that
the client CD had been defrauded of his share in the estate. On the
promise of a big fee for just filing any action that Atty. EF might decide
on, the latter filed a complaint for annulment of judgment on the
ground of fraud This complaint was dismissed by the trial court and
CD, through Atty. EF, appealed. Pending this appeal, Atty. EF also filed
actions for ejectment against the brother of CD and another case to
recover possession of his clients alleged share of the property. The
brother, through counsel, filed a petition to discipline Atty. EF for

malpractice, citing the foregoing circumstances
(a)
Under the given facts, may Atty. EF be disciplined for
unprofessional conduct? Explain.
(b)
May he set up the defense that he was merely exerting
this best efforts to protect his clients interest? Explain.
Answer:
Atty. EF is guilty of unprofessional conduct on two counts.
In the first place, it was the duty of Atty. EF to properly advise his
client not to enter into a litigation knowing that the cause of action was
already finally decided by courts in previous cases. In fact, the estate
of his father from whom he claims inheritance was already settled.
Moreover, a case for reconveyance from his clients brother was also
decided by a court wherein the decision had already become final.
Litigation must end and terminate sometime and somewhere,
and it is essential to an effective and efficient administration of justice
that one a judgment has become final the winning party be not,
through subterfuge, deprive of that verdict (Likim Tho vs. Sanchez, 82
Phil. 776 (1949); Aguinaldo, G.R. No. 30362, Nov. 26, 1970, 36 SCRA
137). For this reason, a lawyer should not file several actions covering
the same subject matter or seeking substantially identical relifs as
those which had already been finally disposed of (Macias vs. Uy Kim,
G.R. No. 31174, May 30, 1972, 45 SCRA 251; Gabriel vs. Court of
Appeals, G.R. No. 43757, July 30, 1976). Nor should he enter his
appearance as counsel for a party in a case which had long been
terminated by final judgment (in re Soriano, G.R. No. 24114, June 30,
1970, 33 SCRA 801), or misuse legal remedies to thwart or delay the
satisfaction of a judgment (Cobb-Perez vs. Lantin, G.R. No. 22320, May
22; 1968, 23 SCRA 637; Castaneda, vs. Ago, G. R. No. 288546, July 30,
1987, 65 SCRA 505).
Question No. 4
Atty. FG, a provincial lawyer, had been acting as counsel for a
close relative who had been sued in the Batangas Regional Trial Court
by the PILIPINO BANK for collection of a debt incurred in 1985. Pending
this collection case, Atty. FG was appointed by the same banks Manila
central office, as a special counsel in the credit and collections
department. Despite this Manila appointment, Atty. FG continued to
appear in the collection case abovementioned, and was in fact able to

negotiate for a compromise of the case. Thereafter, however, the
Banks chief legal counsel, primarily for personal reasons, not only took
steps to have FG dismissed as special counsel, but also filed, in behalf
of the bank, a petition for disbarment against FG on the principal
ground that FGs actuations constituted malpractice.
May the petition to discipline Atty. FG prosper?
Answer:
Atty. FG is deemed to be appearing for conflicting interest. When
he accepted his position as special counsel for the Pilipino Bank
although in the Manila Central Office, the bank became his client, he
should have discontinued his attorney and client relationship with his
relative in the collection suit filed by the bank. He was in fact
appearing for antagonistic interest.
Question No. 5
In a prosecution for murder against a ranking army officer, the
latter engaged the services of RS, a well-known trial lawyer, to whom
the officer in one of their conferences disclosed a plan to eliminate or
salvage - i.e., kill or otherwise cause to disappear, - the only witness,
a fellow military officer, through a contrived traffic or highway
vehicular accident.
(a)
What are the legal and moral obligations of Atty. RS, to his
client and to the authorities, under the given circumstances?
(b)
Should the planned accident take place and the witness
for the prosecution be killed as a result is Atty. RS under any obligation
to disclose to the authorities the plan that his client had mentioned to
him, as abovementioned?
Answer:
(a)
The legal and moral obligation of Atty. RS is to advise his
client not to proceed with his unlawful plan to kill the witness against
him. Although this plan was disclosed to the lawyer in confidence, it is
not covered by the rule on privileged communication.
The privileged communication under Rule 138, Section 20(e) of

the Rules of Court covers only lawful and honest purposes. The
protection of the attorney-client privilege has reference to
communications which are legitimately and properly within the scope
of a lawful employment and does not extend to those made in
contemplation of a crime or perpetuation of a fraud. If the unlawful
purpose is avowed, the client does not consult the lawyer
professionally because it is not within the profession of a lawyer to be
advising persons as to how they may commit crimes or frauds or how
they may escape the consequences of the contemplated wrong-doings.
If the client does not reveal his illegal motive, he reposes no
confidence in the attorney because the state of facts which is the
foundation of confidence does not exist. In either case, the attorneyclient privilege does not attach, there being no professional
employment properly speaking (Standard F. Ins. Co. vs. Smithart, 211
SW 441, 5 ALR 972 (1919); Strong vs. Abner, 105 SW2d 599 (1937);
People vs. Van Alstine, 23 NW 594 (1885); Hamil & Co. vs. England, 50
Mo App 338 (1892); People ex rel. Vogelstein vs. Warden, 270, NYS 62
(1934).
Under the circumstances, if his client insists on his plan, the
lawyer should withdraw from the case.
(b)
Yes, it is the obligation of the lawyer to disclose to the
authorities about the plan of his client. Before reporting the matter to
the authorities, however, he should ascertain first if it was his would-be
client who committed the crime.
Question No. 6
In the course of the testimony of an almost illiterate victim of a
swindling travel syndicate, the trial judge addressed these words to the
witness: You have no business coming to court without being sure of
your facts; the way I look at it, you are here to blackmail these
businessmen into giving you free airplane travel. The private
prosecutor stood up to move that the remarks of the court regarding
the alleged blackmail be made of record for purposes of the appeal
or other future proceedings. The trial Judge countered with an order
directing the lawyer to show cause why he should not be held in direct
contempt, for allegedly threatening the court with possible future
action.
May the contempt citation be upheld? Explain.
Answer:
The contempt citation may not be sustained. A judge should

exercise proper judicial decorum. He should be considerate of witness
and others in attendance upon his court. He should be courteous and
civil, for it is unbecoming of a judge to utter intemperate language
during the hearing of a case (Retuya vs. Equipilog, G.R. Adm. Case No.
1431-MJ, July 16, 1979, 91 SCRA 416; Santos vs. Cruz, G.R. Adm.
Matter No. 491-MJ, Oct. 30, 1980, 100 SCRA 538).
It was the right of counsel to put on record said remarks for the
protection of his witness and client (In Re Aguas, 1 Phil.l).
Question No. 7
The services of Atty. BB were engaged by CC for the filing of a
complaint for recovery of a sum of money, under a written contract
which also stipulated for the down payment to Atty. BB of a fixed sum,
the balance to be given upon recovery of the amount of the claim.
Shortly after the complaint was filed, Atty. BB took steps to reach a
settlement with the defendant, but without the prior permission of CC.
Resenting this action, CC immediately wrote BB terminating his
services.
(a)
May CC dismiss Atty. BB under the given circumstances?
(b)
What rights, if any, would Atty. BB have on the matter?
Answer:
(a)
Yes, CC may dismiss Atty. BB. A client has the right to
terminate the services of counsel on loss of confidence in him. The
lawyers attempt to enter into a compromise with the adverse party
without his consent is a violation of the fiduciary relationship of the
attorney and the client.
(a)
Since the client dismissed the attorney for a valid reason,
Attorney BB has no more right on his attorneys fees.
Question No. 8
A Regional Trial Court Judge is the head of family concerns

engaged in business enterprises, among which are (a) a book
store/distributor; (b) a chain of restaurants; and (c) a surety company
actively engaged in posting bonds required in court cases.
In your considered opinion, are there legal and ethical implications in
the financial interests of this member of the judiciary? Explain.
Answer:
There are no legal or ethical implications on the business
enterprises of the regional trial court judge on (a) owning a bookstore,
(b) owning a chain of restaurants as along as said enterprise do not
conflict with his judicial duties or takes undue advantage thereof
because of his position (Macariola vs. Asuncion).
It is unethical and improper, however, for the judge to be
engaged in (c) a surety company posting bonds in court cases. The
said business certainly is in conflict with his judicial duties. The judge
should not enter into such private business or pursue such a course of
conduct as would justify such suspicion, nor use the power of his office
or the influence of his name to promote the business interests of
others; he should not solicit for charities, nor should he enter into any
business relation which, in the normal course of events reasonably to
be expected, might bring his personal interest into conflict with the
impartial performance of his official duties. (Borre vs. Maya, G.R. Adm.
Matter No. 5 176-CFI Oct. 17, 1980, 100 SCRA 314).
Question No. 9
A provincial lawyer who was married, and with children, met,
courted, and eventually had several illegitimate children by, another
woman whom he maintained under scandalous circumstances in his
own hometown. This lawyer, who was active in politics, was later
appointed a Regional Trial Court Judge for one of the provincial
branches. In the course of a litigation assigned to him, one of the
parties feeling aggrieved by some actuations of the Judge, filed a
complaint against him on the ground of immorality for maintaining a
woman not his wife, under scandalous circumstances. The Judge, who
was required to submit his comments, interposed the defense that
assuming the truth of his having a querida, that fact does not affect
his duties as a Judge.
Decide the case with reasons.
Answer:
The defense of the judge is without merit.

The personal behavior of a judge, not only upon the bench but
also in his everyday life, should be above reproach and free from the
appearance of impropriety. He should maintain high ethical principles
and sense of propriety without which he cannot preserve the faith of
the people in the judiciary, so indispensable in an orderly society
(Candia vs. Tagabucha, G.R. Adm. Matter No. 528-MJ, Sept, 12, 1977,
See also Borja vs. Bercasio, G.R. Adm. matter No. 561 - MJ, Dec, 29,
1976). For the judicial office circumscribes the personal conduct of a
judge and imposes a number of restrictions thereon. (Canon 1, Canon
of Judicial Ethics)
Question No. 10
Judge XX presided over the trial of a legal dispute a- among
several heirs, involving real properties which included a residential lot
adjacent to a rented property owned by said Judge. The case was
eventually terminated through a settlement reached by the heirs. One
month after the case was terminated, the heirs to whom the
abovementioned residential lot was allocated offered to sell said lot to
Judge XX who promptly agreed to, and did purchase the property at a
reasonable price.
Did Judge XX commit a breach of any law or rule of judicial
ethics?
Answer:
The purchase of the property after the termination of the case
may not be in violation of Article 1491 of the Civil Code as the case had
already terminated. However, it might be improper and unethical for
the judge to purchase said property as it might invite suspicion
considering that said property was the subject matter of a case he
tried. In Maca- riola vs Asuncion, 114 SCRA 77, while the Supreme
Court exonerated the judge for purchasing a property after the
termination of the case, the judged was admonished as his act was
improper under the canon of judicial ethics.
Question No. 11
In the course of a proceeding before a Regional Trial Court

involving a petition for admission to bail of a person charged with
rebellion, the prosecution cited various Supreme Court decisions in
which similar petitions by other accused persons were dismissed by
the Supreme Court. The RTC Judge, in rejecting the prosecutions
arguments, and ordering the defendants admission to bail, perorated,
inter alia, as follows: I personally believe that the Supreme Court was
wrong in refusing to allow bail in the cases cited by the Fiscal. I know
that the facts in the cited cases are almost identical to those shown in
this case, but I strongly feel that the Supreme Court overlooked the
equitable and humanitarian aspects of the case.
Discuss the legal and ethical aspects of these statements of the
trial court judge.
Answer:
A judge may not decide contrary to a jurisprudence set by the
Supreme Court. If he feels that the application of a doctrine
promulgated by the Supreme Court is against his way of reasoning or
against his conscience, he may state his opinion on the matter but
rather than disposing of the case in accordance with his personal
views, he must first think that it is his duty to apply the law as
interpreted by the Highest Court of the land, and that any deviation
from a principle laid down by the latter would unavoidably cause, as a
sequel, unnecessary inconvenience, delays and expenses to the
litigants (Albert vs. Court of First Instance of Manila (Br. VI), G.R. No. L26364, May 29, 1968).
Question No. 12
You represent the defendant in a civil case pending in Manila
Regional Trial Court, Branch 299. It is now December 8, 1987 and the
case is set for trial for December 17, a Thursday; but because of a
previously set business meeting in which your presence is
indispensable, you want to postpone the court hearing set for
December 17. Prepare a complete motion for postponement.
Answer:
Manila, Branch 29.9
PEDRO CRUZ,
Plaintiff,
- versus -
Civil Case No.

10
For Sum of Money
JUAN PEREZ,
Defendant.
MOTION FOR POSTPONEMENT
Comes now the defendant through undersigned counsel and to
this Honorable Court respectfully alleges:
1.
That the above entitled case was set for trial on December
17, 1987 at 8:30 A.M.;
2.
That the undersigned counsel had to attend a business
meeting on December 17, 1987 which was previously set;
3.
That his presence in said meeting is indispensable, hence,
will not be able to attend the trial on said date,
4.
That this request for postponement of the hearing is not
for the purpose of delaying the trial of the case.
WHEREFORE, it is respectfully prayed that the hearing on
December 17, 1987 be postponed to another day at the convenience
of this Honorable Court.
Manila, December 4, 1987.
Counsel
Defendant
XYZ
for
the
NOTICE OF HEARING
Attorney Conrado Juez
37 Calamba, Quezon City
Please be notified that the foregoing motion for postponement is
set for hearing and for the consideration of the Honorable Court on
December 10, 1967 at 8:30 A.M.
XYZ
Copy served on
Atty. Conrado Juez

37 Calamba, Quezon City
Question No. 13
Prepare the necessary resolutions to be adopted by a companys
stockholders, to effect: (a) and increase in the number of directors,
from five to seven; and (b) the necessary amendment of the articles of
incorporation with respect to such increase of membership in the
board. Supply such other data that in your opinion would be necessary
to include in such resolutions.
Answer:
XYZ CORPORATION
Resolution No. 2, Series of 1987
WHEREAS, in a meeting called for the purpose, wherein all
stockholders were duly notified in accordance with law, the meeting of
stockholders representing 90% of the subscribed and paid capital stock
was held on November, 1987 in principal office of the XYZ Corporation.
WHEREAS, during said meeting presided by AC President of the
said corporation by a vote of stockholders rep-resenting more than 2/3
of the subscribed and paid up capital stock voted to amend the Articles
of Incorporation by increasing the number of board of directors from
five to seven.
WHEREAS, the stockholders have resolved to submit the said
amendments for approval of the Security and Ex-change Commission.
IN WITNESS WHEREOF, I have hereunto attest to the approval of
said Resolution.
Secretary
Corporation
Attested:
PV
President
AMENDED ARTICLES OF INCORPORATION
JPC
of
the
OF THE
XYZ CORPORATION
WHEREAS, in a meeting of the stockholders of the corporation
called for the purpose on November 2, 1987 in the provincial office of
the XYZ Corporation in Manila by a vote representing more than 2/3 of
the subscribed and paid- up capital stock of said corporation, Article 5
of the Articles of Incorporation is hereby amended to read:
5. That the number of Board of Directors shall be seven (7)... .)**
IN WITNESS WHEREOF, I JPC, Secretary of the Corporation attest
to the approval of said resolution.
JP
Secretary
of
the
Corporation
PV
President
Question No. 14
Prepare a contract of lease covering an apartment located in 001
Atis St., Makati The lessee agrees to pay a monthly rental of P5,000.00.
The entire period of the lease shall be 12 months, renewable upon
mutual agreement of the parties. Furnish the terms and conditions that
in your opinion will protect the lessor who is your client.
Answer:
CONTRACT OF LEASE
This agreement made and entered into at Makati, Metro Manila,
Philippines, this 27th day of November 1987 by and between Jose Uy of
legal age, married to Petra Uy, and a resident of Makati, hereinafter
called the landlord, and Jess Cruz, of legal age, single, and a resident of
Makati, hereinafter called the tenant evidences that the parties have
agreed as follows:
1.
In consideration of the rent and the tenants covenants
hereinafter reserved and contained, the lessor hereby demises and
leases to the tenant an apartment located at 001 Atis St., Makati,
belonging to the landlord, covered by TCT No. 100, Register of Deeds of

Makati.
To hold the Tenant for the term of 12 months.
Yielding and praying therefor during the said term, rent at the
rate of P5,000.00 Pesos to be made on the first 10 days of each month
of which the first shall be made on the first day of January 1988.
2.
The tenant hereby covenants with the landlord as follows:
(a)
To pay the rent as aforesaid without the necessity of
express demand therefor, at the residence of the landlord;
(b)
To keep the leased premises in good and habitable
condition, making the necessary repairs and painting inside and
outside the house;
(c)
Not to make alterations and improvements on the
premises without the written consent of the landlord, and, in
case of such authorized alterations and improvements on the
premises, any and all such improvements shall become the
property of the landlord at the expiration of this lease.
IN WITNESS WHEREOF, We have hereunto set out signatures on
this 29th day of November 1987 at Makati.
JOSE UY
Landlord
_________
JESS UY
Tenant
___
Witness
____________
Witness
ACKNOWLEDGEMENT
On this 29th day of November 1987 personally appeared before
me Jose Uy, landlord, and Jess Cruz, tenant, to me known and known to
me to be the same persons who executed the foregoing contract of
lease and acknowledged to me that the same is their free act and
voluntary deed.
They exhibited to me the Residence Certificate No._________
issued at Manila on January 10, 1987 and his Residence
Certificate No. 789 issued at Makati on June 1 1, 1987, and Tax Account
No. 678, respectively.
XYZ Notary Public
December 31, 1988
Doc. No.
Book No.
Page No.
Series of 1987.
Question No. 15
Your client was the victim of a hit and run car owned by DD and
driven by FF. After you had taken the steps to file the required court
actions against DD and the driver, your client was convinced by the car
owner to accept a sum of money by way of settlement, since the
amount offered was fair and reasonably covered all the expenses
incurred. Prepare the document of Release and Waiver that in your
opinion will best protect the interest of your client, the victim and will
likewise be legally sufficient and acceptable to the car owner and his
driver.
Answer:
RELEASE AND WAIVER
I, JUAN DE LA CRUZ, Filipino citizen, of legal age and resident of 7
Kitanlad, Quezon City, after having been duly sworn in accordance with
law hereby states:
1.
That as a result of a motor vehicle accident which
occurred on November 1, 1987 in Quezon City, when I was hit by a car
driven by FF and owned by DD, I filed a criminal and civil complaint
against both FF and DD in the Regional Trial Court of Quezon City;
2.
That after verifying the facts, I realized that said FF was
not altogether reckless in driving said vehicle;
3.
That in order to settle the case amicably and since the
owner of the car DD had offered to pay all the medical expenses I
incurred and the losses suffered in the total amount of PI0.000.00
which I hereby acknowledge, I am withdrawing my complaint in both
civil and criminal cases filed in the Regional Trial Court of Quezon City
(Civil Case No. 497 and Criminal Case No. 5 179);
4.
That by virtue thereof. I am waiving all my rights to file
any civil and criminal cases against FF and DD. Quezon City, November
29, 1987.
JUANDE LA CRUZ
Quezon City
SUBSCRIBED and sworn to before me this 29th day of November
1987 in Quezon City, by affiant Juan de la Cruz, who exhibited to me
his Residence Certificate No. 5789, issued at Quezon City, on July 1,
1987, and TAN 7987.
PC
Notary Public
December 31, 1987
Doc. No.
Book No.
Page No.
Series of 1987

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2010 BAR EXAMINATION

X, after being duly sworn, hereby deposes and states:

2. That the said witness will be unable to go to the Philippines to

2. If two credible witnesses neither of whom is privy to the

Yes, she did. In the case of Cambaliza v. Cristobal-Tenorio (434

administrative complaint charging Atty. Delmonico with violation of the

After passing the Philippine Bar in 1986, Richards practiced law

(c) Completion of at least 36 credit hours of mandatory

A. What administrative charge/s may be leveled against Judge X?

If he is not successful, he will not be reimbursed. He is, thus, investing

appearance of favoritism or partiality. It has been held that if a

not, under the Constitution, proscribed from appointing a Chief Justice

Did Judge X incur any administrative liability? Explain. (3%)

Qualified Rape pursuant to Republic Act No. 8353 otherwise known as

THE CHIEF OF STAFF OF THE ARMED FORCES OF THE

WHEREFORE, upon due notice and hearing, it is respectfully prayed

Section 5, Canon I of the New Code of Judicial Conduct for the

The family-owned tracts of land in the vicinity of the donated lot

protocol plate after his retirement is at least dishonest conduct.

The Bangalore Draft, approved at a Roundtable Meeting of

[d] A lawyer cannot refuse to divulge the name or identity of his

The Student Practice Rule (Rule 138-A) is the Rule authorizing

solemnity of judicial proceedings and in impressing upon the judge the

place of work, except in few exceptional occasions or situations, at the

Court of Appeals (CA) Justice Juris administratively charged with

CIVIL CASE NO.

4. That due to the defendants failure to pay plaintiffs plainly

3. That I am not aware of the pendency of any case involving the

CIVIL CASE NO.

2. That the reglamentary period for the defendant to file an

TRUE OR FALSE. Answer TRUE if the statement is true, or FALSE if

Rule on the validity of Atty. Hydes defenses. (5%)

Atty. Wilmar represented Beatriz in a partition case among heirs,

involving moral turpitude.

division. Are Atty. Paterno and Justice de la Cruz guilty of unethical

land situated in Munoz, Nueva Ecija, of which I am the absolute owner,

CRIM CASE NO.

EDGAR BASTONERO alias BUGOY

and there, willfully, unlawfully and feloniously, and by means of

Bail Recommended: P100,000.00 for each accused.

2008 BAR EXAMINATION

which no confidence has been bestowed or will be used. In addition,

conclusions. May he be sanctioned by the Supreme Court? Explain.

Chesters refusal to pay Atty. Laarni P150 million as attorneys

money and execution in pursuance of such judgment secured in the

In need of legal services, Niko secured an appointment to meet

should be reported and accounted for promptly.

case is his second cousin. (3%)

CIVIL CASE No.

Ordering the defendant to pay the costs of suit.

That, for an in consideration of the love and affection which I

REPUBLIC OF THE PHILIPPINES)

page by the said parties and their instrumental witnesses.

2007 BAR EXAMINATION

7. To conduct himself as a lawyer according to the best of his

Duties to society in general - to uphold the Constitution,

Duties to the legal profession - to uphold the dignity and

Duties to the court - to be candid with and promote

Duties to the client - to observe candor, fairness and

It is recommended that an enumeration on the basis of any one

of his client hat may come into his possession.

Recovery of attorneys fees on the basis of quantum meruit is