Legal Ethics PDF

2010 BAR EXAMINATION
PART 1
Prepare the following:
A. Verification and Certification against Forum Shopping. (5%)
SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
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.
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 violated the Code of Professional Responsibility?

Why? (3%)
SUGGESTED ANSWER:
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]).
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
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 receipt of assistance/allowance from

the local governments. (3%)
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 3rd 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.
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
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

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 Sesbreño 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 forum-shopping. 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 forum-shopping 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 Addresses
William Tan
Henry Uy
Dr. Jose Cabra
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.
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. C.D.
Donor Donee
WITNESSES:
_____________________ _________________________
CITY OF QUEZON ) S.S.
ACKNOWLEDGMENT
In the City of Quezon, Philippines, this 25th 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:
REPUBLIC OF THE PHILIPPINES )

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.
X
(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 non-lawyer 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.
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" (Malcampo-Sin v. Sin, 355 SCRA 285 [2001]). This role could not be
left to the- private 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 attorney-client

privilege? 5%
SUGGESTED ANSWER:
Simons revelation to Atty. Holgado is not covered by the lawyer-client

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. When the lawyer was negligent in the performance of his duties;
b. When the lawyer gave just cause for the termination of his
services;
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:

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:

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 above-described

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 above-entitled 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
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 the Rules on Summary Procedure.

(2%)
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.
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]).
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
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 Attorney-in-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 resident of _____________
and hereafter referred to as the VENDEE,
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
IN WITNESS WHEREOF, the parties hereto have signed these presents

at Manila, this 26th day of September, 2005.
GERRY CRUZ ANGELO SANTOS

Vendor Vendee
T.I.N. _________ T.I.N. _________
By:
JON CRUZ
Attorney-in-Fact
WITNESSES:
___________________ _________________
ACKNOWLEDGMENT

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 consideration and resolution.
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 quasi-judicial 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)
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 his designation as counsel de oficio of

accused Primo? Reason. (5%)
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).
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,
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 CRIM. CASE NO.

INV. SLIP NO.
- versus - - 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:

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
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.
X
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.

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 the aforementioned data

with his photo. 1" x 1 in size. (2%)
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.
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

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. Rule 21.07 of the Code of Professional Responsibility provides that

a lawyer shall not reveal that he has been consulted about a particular case
except to avoid possible conflict of interest In this case, he has to reveal to B that
he had been consulted by A on the case that B if offering to retain his services, in
order to avoid a possible conflict of interest.
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 above-mentioned
reasons.]
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 for disciplinary action

against Atty. LA in the Philippines? Why? (5%)
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 - CRIM. CASE

No. 5430
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,
-versus- CIVIL CASE

No._________
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 above-entitled 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
above¬entitled 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 consideration and resolution.
PEDRO CRUZ
End
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 Civil Case No. 00-00000
HUSBAND,
Defendant,
x----------------------x
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)
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.
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.
(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 Code of
Professional Responsibility provides that 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. 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 respectfully

alleges:
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

________________________________ )S.S.
CITY OF MANILA )
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 quasi-judicial 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,
CRIM. CASE NO.
- versus - For: Rape
X
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.
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 Avanceña,
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.
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.
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: This appears to be more of a Remedial Law than an Ethics question.
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. RTJ-
90-617, 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
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. E.P.
Mortgagor 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.
-versus-
Mr. 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
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)
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 self-laudatory 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 (Cañon 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
- and-
B.D., Filipino, of legal age, single, with residence at _________________and

hereafter called the LESSEE.
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. C.D.
Lessor Lessee
WITNESSES
(acknowledgment)
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 Vice-President, 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:

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 money-making 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 forum-shopping 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 square-meter 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:

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 client-lawyer 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 for eligibility to take the bar examinations area as
follows:
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.
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) Rule 7.01 of the Code of Professional Responsibility 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.
This chattel mortgage has been executed in order to secure the full 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: D E
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 B
Mortgagor Mortgagee
ACKNOWLEDGMENT

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. 1
Page No. 2
Book No. 3
Series of 1997.
Question No. 20:
Prepare a complaint for ejectment.
Answer:

Metropolitan Trial Court of Metro Manila
National Capital Region
Manila
A
Plaintiff,
-versus- CIVIL CASE NO.G.R. NO. 1000
B For Unlawful Detainer
Defendant,
x-----------------------x
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 above-described 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 rep-resent 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 Code of Professional
Responsibility provides that 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. 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). More¬over, 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 law¬yers. 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) May a law firm use tne name of a deceased partner? Qualify.
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) Rule 3.02 of the Code of Professional Responsibility 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 X X X X 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 O
Signed in the presence of:
________________________ _______________________
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. Who can revoke his notarial commission?

Answer:
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 residence certificates. (Sec.

247, Rev. Adm. Code)
2. The Jurisdiction of a notary public in a province shall be co-

extensive 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 relation¬ship 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
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 a build-ing contractor and a

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

and the municipality where he sits as judge.
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 ex-officio, 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 pay¬ment 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. 100321

For Highway Robbery
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 WILL BE ACCEPTED WITHOUT THIS QUESTIONAIRE.
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 on the ethical considerations

involved, if any, in the above case.
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 well-heeled
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) The time spent and the extent of the services rendered or required;
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 decision- writing 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) a Jurat in an affidavit attesting to the loss of your drivers license.

2) a certification that a copy of a decision is a true copy.
3) a verification in a petition for certiorari.
4) an acknowledgment of a deed of sale involving two parcels of land.
Answer:
1) 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
REPUBLIC OF THE PHILIPPINES }

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
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
Janu¬ary 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
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, Civil Case No.
765
versus For: Ejectment
Roberto T. Reyes,
Defendant,
x------------------------x
COMPLAINT
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 } S.S.
ROXAS CITY }
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 D.
Alejandro
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
PTR No. 47696
Roxas City
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, Crim. Case No.
6785
- versus - 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, committed as follows:
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, C.A.-G.R. C.V. No.
675
- versus -
Pedro Ramos,
Defendant-Appellant,
x---------------------------x
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. That the same question of ownership is involved in these two

cases.
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 prayed that this case be consolidated with

CA GR CV No. 567.
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 accor¬dance 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 un-constitutional.
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
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
Doc. No.
Page No.
Book No.
Series of 1992
[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 I. ROY ALVAREZ. Filipino citizen, of legal age and residing at

179 Rizal, Caloocan City have filed a com-plaint for damages against Erwin
Bracia, Civil Case No. 17896. Regional Trial Court of Caloocan 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
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.
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.
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 VEN¬DORS 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 CD
Vendee Vendor
With my marital consent: HR
Witness Witness
ACKNOWLEDGEMENT

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 been

conducted by me in accordance with law; that I have examined 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. REPUBLIC OF THE PHILIPPINES
CEBU CITY
JOCOT, FOR SUM OFMONEY

Plaintiff, Civil Case No. 2
- versus -
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 Osme
ña 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 B
Mortgager 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 of the proceedings and
decisions of his court? Explain your answer.
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
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) When the mental or physical condition of the lawyer 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) When the lawyer is elected or appointed to public office; and

(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 GABRIEL
Vendee Vendor
With my marital consent:

BONITA
Witnesses

PROVINCE OF RIZAL ) S.S.
ALABANG, MUNTINLUPA )
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 Cer¬tificate 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
PEOPLE OF THE PHILIPPINES

Plaintiff
Crim. Case No. 1
For Bigamy
- versus -
JUAN CRUZ
Accused
INFORMATION
Undersigned Fiscal accuses JUAN CRUZ of the Crime of Bigamy

committed as follows:
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 been

conducted by me in accordance with law; that I have examined 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. That in view thereof, a judgment on the pleadings can be rendered.
WHEREFORE, it is respectfully prayed that this Honorable Court render

judgment on the pleadings.
Manila, Philippines, September 24, 1989.
MANUEL PEREZ
Counsel for Plaintiff 32 Melvar,
Manila
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. The amount and character of the services rendered;
2. The labor, time and trouble involved;
3. The nature and importance of the litigation or business in

which the services were rendered;
4. The amount of money or the value of the property affected

by the controversy involved in the employment;
5. The skill and experience called for in the performance of the

services;
6. The professional character and social standing of attorney;
7. The 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), like¬wise, 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. When the mental or physical condition of the lawyer 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 oppor¬tunity 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 neutral¬ity 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. Are Justices of the Supreme Court similarly liable? Reasons.
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 OLIVIA PALPALLATOC JUAN PALPALLATOC

Lessor Lessee Lessee
PEDRO SISON JUAN REYES

Witness 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
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.
BEN ROSARIO
Notary Public
Doc. No. 5
Page No. 6
Book No. II
Series of 1988
b)
Quezon City Branch 1
JESUS SANTOS
Plaintiff, For Ejectment
versus
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. That the complaint does not state a sufficient cause of action.
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 PAMIN¬TUAN 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
I hereby certify that a preliminary investigation has been 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 probably guilty thereof; that the accused was informed
of the 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
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
PEOPLE OF THE PHILIPPINES

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
I hereby certify that a preliminary investigation has been 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 probably guilty thereof; that the accused was informed of the
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
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 JUSTI¬FICATION.
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 of Accused
PTR No
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 solici¬tation, 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 attorney-client
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 ju¬dicial 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 in¬fluence 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. L-26364, 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.
XYZ
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.
JPC
Secretary of the
Corporation
Attested:
PV
President
AMENDED ARTICLES OF INCORPORATION

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 JESS UY
Landlord 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

Prepare the following:

A. Verification and Certification against Forum Shopping. (5%)

VERIFICATION 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

That (a) he has not heretofore commenced any action of filed an

B. Petition for Letters Rogatory, (5%)

PETITION FOR LETTERS ROGATORY

PLAINTIF, through counsel, respectfully alleges:

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

Manila, September 6, 2010.

Enumeration the instances when a Notary Public may authenticate

1. If the signatory is old or sick or otherwise unable to appear, his presence

2. If two credible witnesses neither of whom is privy to the instrument, not

3. In case of copy certification and issuance of certified true copies.

Atty. Y, in his Motion for Reconsideration of the Decision rendered by the

Atty. X files an administrative complaint against Atty. Y for using abusive

Atty. Y posits that as lawyer for the down-trodden laborers, he is entitled to

Is Atty. Y administratively liable under the Code of Professional

Atty. Y has clearly violated Canons 8 and 11 of the Code of Professional

A. Is Atty. XXs contention in order? Explain. (3%)

B. Cite two (2) specific Rules in the Code of Professional Responsibility,

Rule 1.01 A lawyer shall not engage in unlawful dishonest, immoral

Rule 7.03 A lawyer shall not engage in conduct that adversely

When is professional incompetence a ground for disbarment under the

Professional incompetence of a lawyer may be a special ground for

Atty. Monica Santos-Cruz registered the firm name Santos-Cruz Law

Did Atty. Santos-Cruz violated the Code of Professional Responsibility?

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

Canon 9. A lawyer shall not directly or indirectly assist in the unauthorized

Atty. Candido commented in a newspaper that the decision of the Court of

Moral turpitude has been defined as everything which is done contrary to

For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a

Is Atty. Delmonico liable under the Code of Professional Responsibility

Atty. Delmonico is not guilty of violation the Code of Professional

Is the defense of Atty. R in a disbarment complaint for immorality filed by

The defense of in pari delicto is immaterial in an administrative case which

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

THAT, I, ALLISON, of legal age and a resident of ________________

To represent me at the pre-trial of the case entitled ALLISON vs.

(Place and Date)

Months later, a concerned woman who had secured copies of Atty.

B. Is respondent entitled to resume the practice of Law? Explain. (5%)

Yes, as long as he observes the procedure laid down in Petition for

(a) Updating and payment in full of the annual membership dues in

(b) Payment of the professional tax;

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

(d) Pretaking of the lawyers oath.

Rebeccas complaint was raffled to the sala of Judge A. Rebecca is a

Reacting to newspaper articles and verbal complaints on alleged rampant

Judges in the place where Judge X is assigned confirmed the complaints.

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

He could be charged with Gross Misconduct, arising from violations

B. What defense/s can Judge X raise in avoidance of any liability? (2%)

He could raise the defense of hearsay evidence, lack of substantive

Farida engaged the services of Atty. Garudo to represent her in a