Legal Ethics

LEGAL AND JUDICIAL ETHICS
2015 BAR EXAMINATIONS
I. LEGAL ETHICS
A. Practice of law (Rule 138)…………………………………………………………………………………………..4
1. Concept……………………………………………………………………………………………………………………..4
a) Privilege………………………………………………………………………………………………………………7
b) Profession, not business……………………………………………………………………………………….8
2. Qualifications…………………………………………………………………………………………………………….8
3. Appearance of non-lawyers……………………………………………………………………………………...12
a) Law student practice (Rule 138-A)……………………………………………………………………...12
b) Non-lawyers in courts………………………………………………………………………………………...13
c) Non-lawyers in administrative tribunals……………………………………………………………..17
d) Proceedings where lawyers are prohibited from appearing…………………………………17
4. Sanctions for practice or appearance without authority…………………………………………….19
a) Lawyers without authority…………………………………………………………………………………19
b) Persons not lawyers…………………………………………………………………………………………...19
5. Public officials and practice of law…………………………………………………………………………….19
a) Prohibition or disqualification of former government attorneys…………………………..19
b) Public officials who cannot practice law or with restrictions………………………………..19
6. Lawyers authorized to represent the government……………………………………………………..20
7. Lawyer’s oath…………………………………………………………………………………………………………..20
B. Duties and responsibilities of a lawyer…………………………………………………………………….24
1. To society………………………………………………………………………………………………………………..29
a) Respect for law and legal processes…………………………………………………………………….32
b) Efficient and convenient legal services………………………………………………………………..38
c) True, honest, fair, dignified and objective information on legal services……………….40
d) Participation in the improvement and reforms in the legal system……………………….45
e) Participation in legal education program…………………………………………………………….45
2. To the legal profession……………………………………………………………………………………………..45
a) Integrated Bar of the Philippines (Rule 139-A)……………………………………………………45
(i) Membership and dues…………………………………………………………………………………..46
b) Upholding the dignity and integrity of the profession…………………………………………..46
c) Courtesy, fairness and candor towards professional colleagues……………………………50
d) No assistance in unauthorized practice of law……………………………………………………..53
3. To the courts……………………………………………………………………………………………………………54
a) Candor, fairness and good faith towards the courts……………………………………………..54
b) Respect for courts and judicial officers………………………………………………………………..55
c) Assistance in the speedy and efficient administration of justice…………………………...59
d) Reliance on merits of his cause and avoidance of any impropriety which tends to influence or gives
the appearance of influence upon the courts……………………………64
4. To the clients…………………………………………………………………………………………………………...69
a) Availability of service without discrimination……………………………………………………..69
(i) Services regardless of a person’s status…………………………………………………………70
(ii) Services as counsel de officio……………………………………………………………………......73
(iii) Valid grounds for refusal………………………………………………………………………………79
b) Candor, fairness and loyalty to clients…………………………………………………………………79
(i) Confidentiality rule………………………………………………………………………………………79
(ii) Privileged communications…………………………………………………………………………..79
(iii) Conflict of interest………………………………………………………………………………………..81
(iv) Candid and honest advice to clients………………………………………………………………89
(v) Compliance with laws…………………………………………………………………………………..90
(vi) Concurrent practice of another profession…………………………………………………….90
c) Client’s moneys and properties…………………………………………………………………………..90
(i) Fiduciary relationship…………………………………………………………………………………..90
(ii) Commingling of funds…………………………………………………………………………………..91
(iii) Delivery of funds…………………………………………………………………………………………..91
(iv) Borrowing or lending…………………………………………………………………………………...91
d) Fidelity to client’s cause……………………………………………………………………………………...91
e) Competence and diligence………………………………………………………………………………….92
(i) Adequate preparation…………………………………………………………………………………..93
(ii) Negligence……………………………………………………………………………………………………94
(iii) Collaborating counsel…………………………………………………………………………………...96
(iv) Duty to apprise client……………………………………………………………………………………97
f) Representation with zeal within legal bounds…………………………………………………......98
(i) Use of fair and honest means………………………………………………………………………...99
(ii) Client’s fraud………………………………………………………………………………………………..99
(iii) Procedure in handling the case……………………………………………………………………100
g) Attorney’s fees…………………………………………………………………………………………………100
(i) Acceptance fees………………………………………………………………………………………….109
(ii) Contingency fee arrangements……………………………………………………………………109
(iii) Attorney’s liens…………………………………………………………………………………………..112
(iv) Fees and controversies with clients…………………………………………………………….115
(v) Concepts of attorney’s fees………………………………………………………………………….116
(a) Ordinary concept………………………………………………………………………………….116
(b) Extraordinary concept………………………………………………………………………….116
h) Preservation of client’s confidences…………………………………………………………………..116
(i) Prohibited disclosures and use…………………………………………………………………...116
(ii) Disclosure, when allowed……………………………………………………………………………118
i) Withdrawal of services……………………………………………………………………………………..120
C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)……125
1. Nature and characteristics of disciplinary actions against lawyers…………………………...130
a) Sui generis……………………………………………………………………………………………………….130
b) Prescription……………………………………………………………………………………………………..133
2. Grounds………………………………………………………………………………………………………………...133
3. Proceedings…………………………………………………………………………………………………………...138
4. Discipline of Filipino lawyers practicing abroad………………………………………………………141
D. Readmission to the Bar……………………………………………………………………………………………..142
1. Lawyers who have been suspended………………………………………………………………………..142
2. Lawyers who have been disbarred………………………………………………………………………….142
3. Lawyers who have been repatriated……………………………………………………………………….143
E. Mandatory Continuing Legal Education……………………………………………………………………143
1. Purpose…………………………………………………………………………………………………………………143
2. Requirements………………………………………………………………………………………………………...143
3. Compliance……………………………………………………………………………………………………………143
4. Exemptions……………………………………………………………………………………………………………143
5. Sanctions……………………………………………………………………………………………………………….143
6. Bar Matter 2012, Rule on Mandatory Legal Aid Service……………………………………………144
F. Notarial Practice (A. M. No. 02-8-13-SC, as amended) ……………………………………………..144
1. Qualifications of notary public………………………………………………………………………………..144
2. Term of office of notary public………………………………………………………………………………..144
3. Powers and limitations…………………………………………………………………………………………..144
4. Notarial register…………………………………………………………………………………………………….147
5. Jurisdiction of notary public and place of notarization……………………………………………..147
6. Revocation of commission………………………………………………………………………………….......148
7. Competent evidence of identity………………………………………………………………………………148
8. Sanctions……………………………………………………………………………………………………………….148
G. Canons of Professional Ethics……………………………………………………………………………………148
II. JUDICIAL ETHICS

A. Sources………………………………………………………………………………………………………………………154
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)…………….154
2. Code of Judicial Conduct…………………………………………………………………………………………154
B. Qualities…………………………………………………………………………………………………………………….155
1. Independence………………………………………………………………………………………………………..155
2. Integrity………………………………………………………………………………………………………………...158
3. Impartiality……………………………………………………………………………………………………………159
4. Propriety……………………………………………………………………………………………………………….166
5. Equality…………………………………………………………………………………………………………………182
6. Competence and diligence……………………………………………………………………………………...182
C. Discipline of members of the Judiciary……………………………………………………………………..184
1. Members of the Supreme Court………………………………………………………………………………186
a) Impeachment…………………………………………………………………………………………………...186
b) Ethical Lessons from Former Chief Justice Corona’s Impeachment……………………..186
2. Lower court judges and justices of the Court of Appeals and
Sandiganbayan (Rule 140)……………………………………………………………………………………..186
3. Grounds………………………………………………………………………………………………………………...190
4. Impeachment (ethical aspects)……………………………………………………………………………….190
5. Sanctions imposed by the Supreme Court on erring members of the Judiciary………….190
D. Disqualification of Justices and Judges (Rule 137)…………………………………………………...190
1. Compulsory…………………………………………………………………………………………………………...195
2. Voluntary………………………………………………………………………………………………………………195
E. Powers and Duties of Courts and Judicial Officers (Rule 135)………………………………....196
F. Court Records and General Duties of Clerks and Stenographer (Rule 136)…………….197
G. Legal Fees (Rule 141)………………………………………………………………………………………………..197
1. Manner of payment………………………………………………………………………………………………..197
2. Fees in lien…………………………………………………………………………………………………………….197
3. Persons authorized to collect legal fees…………………………………………………………………...197
H. Costs…………………………………………………………………………………………………………………………..197
1. Recovery of costs (Rule 142)…………………………………………………………………………………..197
a) Prevailing party……………………………………………………………………………………………….197
b) Dismissed appeal or action……………………………………………………………………………….197
c) Frivolous appeal………………………………………………………………………………………………197
d) False allegations………………………………………………………………………………………………197
e) Non-appearance of witness………………………………………………………………………………197
LEGAL FORMS………………………………………………………………………………………………………………………..198
I. LEGAL ETHICS
A. Practice of law (Rule 138)
I. In at least two (2) paragraphs, give all your reasons why you want to become a lawyer, and discuss
what values you must cultivate and how you must conduct yourself to uphold the nobility, protect the
integrity, and enhance the prestige of the law profession. (1991 Bar Question)
SUGGESTED 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.
1. Concept
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%) (2009 Bar Question)
x x x
[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 & Trader’s Insurance Co., 33 La. Ann. 209,
1881 WL 8922 [La.]).
II. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct
stated below.
x x x
[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%) (2008 Bar Question)
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.
III. Is there a distinction between “practicing lawyer" and “trial lawyer”? 2.5% (2006 Bar Question)
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]).
IV. 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%) (2005 Bar Question)
SUGGESTED ANSWER:
The following need not be verified: (b), (d)
V. 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%) (2005 Bar Question)
SUGGESTED ANSWER:
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 firm’s 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.
VI. Explain the meaning of - (1) Counsel de oficio; (2) Amicus curiae; and (3) Attorney's lien. [5%] (1998
Bar Question)
SUGGESTED 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.
VII. Define legal ethics (1996 Bar Question)
SUGGESTED ANSWER:
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.
VIII. What do you understand by Legal Ethics? Discuss its importance and state its sources. (1993 Bar
Question)
SUGGESTED 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.
IX. Define “Amicus Curiae.” (1993 Bar Question)
SUGGESTED ANSWER:
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.
X. What do you understand by “practice of law"? (1993 Bar Question)
SUGGESTED 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. Monsod, 210 SCRA 210, 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.
XI. “What is legal is moral.” State your comment on the correctness or incorrectness of this proposition.
(1993 Bar Question)
SUGGESTED 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.
a) Privilege
I. Is the practice of law a right or a privilege? Discuss fully. (1995 Bar Question)
SUGGESTED ANSWER:
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 court’s 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.
b) Profession, not business
I. Why is law a profession and not a trade? 2.5% (2006 Bar Question)
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.
II. A known grafter in the government approaches you for the purpose of organizing a corporation to
engage in the general construction business—principally 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? (1988 Bar Question)
SUGGESTED ANSWER:
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.
2. Qualifications
I. What is the object of the bar examinations? Explain. (2%) (2009 Bar Question)
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.
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%) (2005 Bar Question)
SUGGESTED ANSWER:
No. Only those who have been admitted to the Philippine Bar can be called “Attorney" (Alawi vs. 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%) (2005 Bar Question)
SUGGESTED ANSWER:
No, he should not be allowed to take his oath and sign the Attorney’s 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]).
III.
(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?
(1997 Bar Question)
SUGGESTED 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 to lesser administrative
sanctions for not disclosing the incident.
IV. 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. (1996 Bar Question)
SUGGESTED ANSWER:
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.
V. Does the legislature have the power to regulate admission to the bar and the practice of law? Discuss
fully. (1995 Bar Question)
SUGGESTED ANSWER:
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:
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).
VI. 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. (1995 Bar Question)
SUGGESTED 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.
VII.
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.
(1988 Bar Question)
SUGGESTED 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.
3. Appearance of non-lawyers
a) Law student practice (Rule 138-A)
I. What is the student practice rule? (2%) (2009 Bar Question)
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
school’s 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.
II. Enumerate the instances when a law student may appear in court as counsel for a litigant. 2.5% (2006
Bar Question)
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 school’s 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).
b) Non-lawyers in courts
I. May a party appear as his own counsel in a criminal or in a civil case? Explain. (3%) (2009 Bar Question)
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]).
II. 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%) (2000 Bar Question)
SUGGESTED ANSWER:
Yes, his father-in-law may represent him in court. Under the Local Government Code (R.A. 7160), members
of the Sanggunian may engage in the practice of law, except in the following: (1) they shall not appear as counsel
before any court in any civil case 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.
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%) (1999 Bar Question)
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%) (1999 Bar Question)
SUGGESTED ANSWER:
Section 34, Rule 138 of the Rules of Court provides that in a Regional Trial Court, a party may conduct his
litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized
member of the bar. Hence, if I were the Judge, I will allow A to continue prosecuting his case alone, but I will warn
him about the risks involved in his doing so because of his lack of knowledge of law and legal procedure.
ALTERNATIVE ANSWERS:
1. If I were the Judge, I will not allow A to prosecute his case. Although he is a law graduate, it does not appear
that he is familiar with procedural law, having filed the case with the RTC which has no jurisdiction over the case in
view of the amount involved. The judge is duty bound to see to it that there is no miscarriage of justice.
2. No. I shall dismiss the case for lack of jurisdiction because the amount of P50.000.00 is within the
jurisdictional ambit of the Municipal Trial Court. Consequently, A could not continue prosecuting the case.
V. Generally, only those who are members of the bar can appear in court.
Are there exceptions to this rule? Explain. (1996 Bar Question)
SUGGESTED ANSWER:
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 school’s 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).
VI.
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.
(1995 Bar Question)
SUGGESTED 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.
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
father’s 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.
VII. May the appearance of Atty. Santiago be allowed? State your reason. (1993 Bar Question)
SUGGESTED 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.
VIII. 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.
x x x
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? (1992 Bar Question)
SUGGESTED ANSWER:
2) Atty. Gancho may still continue prosecuting the case not as a lawyer but as a party litigant.
c) Non-lawyers in administrative tribunals
I. Raul Catapang, a law graduate and vice-president for labor relations of XYZ Labor Union, entered his
appearance as representative of a member of the union before the Labor Arbiter in a case for illegal
dismissal, unpaid wages and overtime pay. Counsel for the Company objected to Raul’s appearance and
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%) (2002 Bar Question)
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.
d) Proceedings where lawyers are prohibited from appearing

I. 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. (1992 Bar Question)
SUGGESTED 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:
x x x
(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.
II. 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. (1990 Bar Question)
SUGGESTED 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 Senator’s 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 firm’s 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.
4. Sanctions for practice or appearance without authority
a) Lawyers without authority
b) Persons not lawyers
5. Public officials and practice of law
a) Prohibition or disqualification of former government attorneys
b) Public officials who cannot practice law or with restrictions
I. 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. (1996 Bar Question)
SUGGESTED ANSWER:
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.
6. Lawyers authorized to represent the government
I. 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. (1995 Bar Question)
SUGGESTED 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.
7. Lawyer’s oath
I. Write the complete test of the attorney’s oath. (5%) (2009 Bar Question)
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.
II. What are the duties of an attorney? (2007 Bar Question)
SUGGESTED ANSWER:
The duties of attorneys can be found either in the Attorney’s Oath, Section 20, Rule 138 of the Rules of
Court, or the Code of Professional Responsibility in the Attorney’s 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 client’s business except from him with his knowledge
and approval;
6. To abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of
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
man’s 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 client’s money and
property in trust, serve the client with competence and diligence, and to preserve the confidence of the
client.
III. What are the primary duties imposed by the Lawyer’s Oath upon every member of the Bar? 5% (2006
Bar Question)
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).
IV. 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? (2003 Bar Question)
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 client’s cause; (c)
he will exercise reasonable and ordinary diligence; and (d) he will take such steps as will adequately guard his
client’s interest. In brief, that he will abide by his lawyer’s 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.
V. 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.
x x x
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%)
(2002 Bar Question)
SUGGESTED ANSWER:
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.
VI. May an attorney refuse to handle a losing case? Support your answer. (5%) (2001 Bar Question)
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.
VII. What is the significance of lawyer's oath? (1996 Bar Question)
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 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)
VIII.
(A) 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? (1991 Bar Question)
SUGGESTED 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. (1991 Bar Question)
SUGGESTED ANSWER:
If the defense in the civil case is based on falsified documents the lawyer should decline.
That is in compliance with the lawyer’s 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 man’s cause for
money or malice.
B. Duties and responsibilities of a lawyer
I. 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 JJ’s 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. XX’s contention in order? Explain. (3%) (2010 Bar Question)
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]).
II. What are the duties of an attorney? (2007 Bar Question)
SUGGESTED ANSWER:
The duties of attorneys can be found either in the Attorney’s Oath, Section 20, Rule 138 of the Rules of
Court, or the Code of Professional Responsibility in the Attorney’s Oath:

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;
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
and approval;
7. Not to encourage either the commencement or the continuance of an action or proceeding, or delay any
man’s cause from any corrupt motive or interest;
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 client’s money and
property in trust, serve the client with competence and diligence, and to preserve the confidence of the
client.
III. Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards: 5%
(2004 Bar Question)
(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)
IV. 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%) (2001 Bar Question)
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.
V. 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 X’s plea be considered mitigating. Did Atty. A’s assistance or conduct approximate the competence
and diligence which the Code of Professional Responsibility expected of him? Explain. (5%) (2000 Bar
Question)
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.
VI.
(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%) (2000 Bar Question)
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 one’s 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:

2. To maintain the respect due to the courts of justice and judicial officers;
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
and approval;
7. Not to encourage either the commencement or the continuance of an action or proceeding or delay any
man’s cause, from any corrupt motive or interest;
VII. 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. X’s contention tenable? (5%) (1999 Bar Question)
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).
VIII. 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 heed your advice, what course of action would you pursue? (1994 Bar
Question)
SUGGESTED 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.
IX.
(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. (1989 Bar Question)
SUGGESTED 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.
1. To society
I. 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% (2006 Bar Question)
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).
II. 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. Coronel’s explanation tenable? 5% (2006 Bar Question)
SUGGESTED ANSWER:
Atty. Coronel’s explanation is not tenable the role of the State’s 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.
III. 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%) (2001 Bar Question)
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.
IV. 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%) (2000 Bar Question)
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.
V. 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 eyewitness on the witness stand? Why? (1992 Bar
Question)
SUGGESTED ANSWER:
Under the ordinary rules on trial technique, the prosecutor 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 prosecutor’s 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.
VI. 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. (1992
Bar Question)
SUGGESTED 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.
VII. 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.”
x x x
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. (1992 Bar Question)
SUGGESTED ANSWER:
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.
VIII. 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. (1991 Bar Question)
SUGGESTED 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 6.03 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 prosecution’s evidence.
a) Respect for law and legal processes
I. 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%) (2010 Bar Question)
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.”
II. 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 judge’s use of the protocol plate. (2%) (2010 Bar Question)
SUGGESTED ANSWER:
The judge’s 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.”
III. 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. Hyde’s defenses. (5%) (2009 Bar Question)
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. Hyde’s 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.
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%) (2001 Bar Question)
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 not 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%) (2001 Bar Question)
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 attorney’s fees may be affected. However, if he has already rendered
some valuable services to the client, he must be paid M’s attorney's fees on the basis of quantum meruit, even if it is
assumed that he is dismissed.
VI. 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%] (1998 Bar Question)
SUGGESTED 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).
VII. 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. (1996 Bar Question)
SUGGESTED ANSWER:
Atty. Z may be held criminally liable for violating Article 171 (Falsification by Public Officer) of the Revised
Penal Code, by making it appear that X and Y appeared and acknowledged having executed the deed of sale before
him, when in fact they did not so appear or acknowledged. He may also be administratively liable for not obeying
the laws of the land (Canon 1, Code of Professional Responsibility). Moreover, his jurisdiction as notary is only in
Quezon City.
VIII. 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 client’s case. Under the Code of Professional Responsibility, what is
your obligation to:
x x x
c) the public? (1994 Bar Question)
SUGGESTED ANSWER:
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).
IX. Distinguish “Ambulance Chasing" from “Barratry." (1993 Bar Question)
SUGGESTED ANSWER:
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.
X. 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
attorney’s 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 Matapobre’s arguments? Rebut each one in sequence. (1992 Bar Question)
SUGGESTED 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.
XI. 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. (1989 Bar Question)
SUGGESTED 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.
XII. 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 client’s 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 client’s
interest? Explain. (1987 Bar Question)
SUGGESTED 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 client’s
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).
b) Efficient and convenient legal services

I. 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%) (2005 Bar Question)
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.
II. 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? (1997
Bar Question)
SUGGESTED 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.
III. 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? (1997 Bar Question)
SUGGESTED 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.
IV. 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? (1994 Bar Question)
SUGGESTED 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.
V. 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 lawyer’s privilege to “attract clients”, may Atty. JCR be disciplined for a breach of professional
ethics?
Answer with reasons. (1987 Bar Question)
SUGGESTED ANSWER:
1. (a) The printed notice constitutes improper advertising and solicitation of Attorney JCR on two counts:
On the first count, the notice advertises the skill and connection with a foreign lawyer on a certain type
of service.
On the second count, the service promotes absolute device which is not allowed under Philippine law. It
attacks marital stability which a lawyer is not supposed to promote.
(b) Yes, Atty. JCR may be disciplined for a breach of professional ethics. Aside from his improper
solicitation, Atty. JCR tries to represent to local clients that he is in association with a foreign lawyer who is not
allowed to practice law in the Philippines (Dacanay vs. Baker and McKenzie, 136 SCRA 349).
c) True, honest, fair, dignified and objective information on legal services
I. 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 X’s contention. (2003 Bar Question)
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.
II. 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%) (2002 Bar Question)
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 lawyer’s 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 client’s intention to publish and he did not stop it.
E. Unethical - The announcement in a newspaper that he will give free legal advice to the indigent, is a form of
self- praise. In 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).
III. 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
friend’s store. Decide. (5%) (2001 Bar Question)
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.
IV. 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%) (2001 Bar Question)
SUGGESTED ANSWER:
Rule 3.02 of the Code of Professional Responsibility provides as follows:
"In the choice of a firm 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.
V. A lawyer advertised in the newspaper the following:
“Can secure annulment of your marriage promptly. Expert in legal separation cases. Consult
anytime."
Is the advertisement proper? (5%) (1998 Bar Question)
SUGGESTED 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).
VI. Atty. B, C, and D recently inaugurated their law partnership. Among the invited guests were clients,
Bar Question)
SUGGESTED ANSWER:
VII. 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? (1997 Bar Question)
SUGGESTED 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)
VIII. May a law firm use the name of a deceased partner? Qualify. (1996 Bar Question)
SUGGESTED ANSWER:
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.
IX. 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? (1994 Bar
Question)
SUGGESTED 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.
X.
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. (1993 Bar Question)
SUGGESTED ANSWER:
I would not take the advice 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. (1993 Bar Question)
SUGGESTED 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.
XI.
(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.
(2) 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. (1989 Bar Question)
SUGGESTED 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. Dulcinea’s 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.
XII. 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?
SUGGESTED 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.
d) Participation in the improvement and reforms in the legal system
e) Participation in legal education program
2. To the legal profession
a) Integrated Bar of the Philippines (Rule 139-A)
I. State the rationale for the mandated establishment and operation of legal aid offices in all chapters of
the Integrated Bar of the Philippines. (2003 Bar Question)
SUGGESTED ANSWER:
The mandated establishment and operation of legal aid offices in all chapters of the IBP is rationalized by
the lawyer’s 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)
II. 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. (1997 Bar Question)
SUGGESTED 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.
(i) Membership and dues

I. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct stated
below.
x x x
[g] Not paying the annual IBP dues. (3%) (2008 Bar Question)
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 (In Re Atty. Marcial Edition, 84 SCRA 554 [1978]).
b) Upholding the dignity and integrity of the profession
I. 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%) (2010 Bar Question)
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.”
II. Atty. Hyde, a bachelor, practices law in the Philippines. On long weekend, he dates beautiful actresses
SUGGESTED ANSWER:
III. 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."
x x x
b) Should Mike Adelantado be allowed to take his oath as a lawyer and sign the Roll of Attorneys?
Explain your answer. (3%) (2005 Bar Question)
SUGGESTED ANSWER:
No, he should not be allowed to take his oath and sign the Attorney’s 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]).
IV. 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%) (2005 Bar Question)
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%) (2005 Bar Question)
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 creditor’s 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.
V. 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%) (2004 Bar Question)
SUGGESTED ANSWER:
No. His contentions are not meritorious. In the first place, a ground for disbarment is conviction of a crime
involving moral turpitude (Sec. 27, Rule 138, Rules of Court), and the violation of B.P. 22 is considered to be a crime
involving moral turpitude (People v. Tuanda, 181 SCRA 692 [1990]). In the second place, Rule 7.03 of the Code of
Professional Responsibility provides that “a lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.” Additionally, Rule 1.01 of the same Code provides that “a lawyer shall not engage
in unlawful, dishonest, immoral or deceitful conduct."
VI. 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%) (2002
Bar Question)
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)].
VII. 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%) (2001 Bar Question)
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 not a proper forum for the collection of debts.
c) Courtesy, fairness and candor towards professional colleagues

I. 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%) (2010
Bar Question)
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.
II. 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% (2006 Bar Question)
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% (2006 Bar Question)
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).
III. 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%) (2005 Bar Question)
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.
IV. May a lawyer give proper advice and assistance to a client of another lawyer? Support your answer.
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."
V. 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? (1997 Bar Question)
SUGGESTED 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.
VI. 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
defendant’s 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. (1995 Bar
Question)
SUGGESTED ANSWER:
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).
VII. Gretel’s residence in Makati village was foreclosed by Joli Bank. Armed with a writ of possession issued
by the lower court, the sheriff and Joli Bank’s 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 Gretel’s counsel of record was out of town. The discussion on the restraining
order was conducted on the sidewalk along Gretel’s 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 Bank’s lawyers before the Makati Fiscal’s office.
Discuss the propriety of the act of Joli Bank’s 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. (1989 Bar Question)
SUGGESTED 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 Bank’s 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.
d) No assistance in unauthorized practice of law
I. 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%) (2010 Bar
Question)
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.”
II. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct
stated below.
x x x
[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%) (2008 Bar Question)
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)
III. 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%) (2005 Bar Question)
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.
IV. 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. (1988 Bar Question)
SUGGESTED ANSWER:
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.
3. To the courts
a) Candor, fairness and good faith towards the courts
I. 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%) (2000 Bar Question)
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).
II. 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. (1996 Bar Question)
SUGGESTED ANSWER:
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 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).
III. 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 client’s case. Under the Code of Professional Responsibility, what is your
obligation to:
a) the court; (1994 Bar Question)
SUGGESTED ANSWER:
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) Respect for courts and judicial officers
I. 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%) (2010
Bar Question)
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.
II. 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% (2006 Bar Question)
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]).
III. When is public comment and criticism of a court decision permissible and when would it be improper?
(1997 Bar Question)
SUGGESTED 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).
IV. 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. (1996 Bar
Question)
SUGGESTED ANSWER:
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.
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.
V. 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 Judge’s presence as to interfere in the
proceedings before the Court.
What can you say about the lawyer's arguments? Explain. (1993 Bar Question)
SUGGESTED 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.
VI. 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. (1993 Bar Question)

SUGGESTED ANSWER:
Atty. Mercado’s 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 lawyer’s duty to respect
the courts. It is a misconduct that subjects him to disciplinary action.
VII. A known grafter in the government approaches you for the purpose of organizing a corporation to
engage in the general construction business—principally 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.
x x x
b) May a lawyer criticize a decision of the court? Explain. (1988 Bar Question)
SUGGESTED ANSWER:
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.
c) Assistance in the speedy and efficient administration of justice
I. TRUE OR FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your
[a] The duty of a lawyer to his client is more paramount than his duty to the court.
SUGGESTED ANSWER:
FALSE. A lawyer’s paramount duty is to the court. This is because he is an officer of the court.
II. 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 plaintiff’s 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 M’s 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 client’s trust and confidence and violated
his oath of office in failing to defend his client’s 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 N’s 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. (2007 Bar Question)
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 N’s 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. M’s 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]).
III. Why is an attorney considered an officer of the court? 2.5% (2006 Bar Question)
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).
IV. Multiple choice. Choose the correct answer. Write the letter corresponding to your answer.
x x x
(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%)
(2005 Bar Question)
SUGGESTED ANSWER:
The lawyer is proscribed from testifying on the following as a witness in a case he is handling for a client:
c).
V. 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 appellant’s 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%) (2005 Bar Question)
SUGGESTED ANSWER:
The motion will not prosper. It is the lawyer’s 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]).
VI. 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 Court’s
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. (2003 Bar Question)
SUGGESTED ANSWER:
Attorney A’s 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 lawyer’s responsibilities (Nidua v. Lazaro, 174 SCRA 581
[1989]).
VII. 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 RJ’s appointment. Shortly thereafter,
PT was appointed to the position in question.
On July 3, 2001, RJ filed a motion to withdraw his petition. On the same day, without waiting for the
resolution of his motion, he filed another petition with the Regional Trial Court seeking to prevent his
removal as chairman and general manager of the government agency. On July 8, 2001, his motion to
withdraw the first petition was granted by the Supreme Court without prejudice to his liability, if any,
for contempt for engaging in forum-shopping.
A. Is he guilty of forum-shopping? Explain. (2% )

B. Give three (3) instances of forum-shopping. (3%) (2002 Bar Question)
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 RJ’s 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)].
VIII. As a rule, why should an attorney not testily as a witness for his client? (5%) (2001 Bar Question)
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)
IX. What is your understanding of forum-shopping? What are the possible consequences? [5%] (1998 Bar
Question)
SUGGESTED 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)
X. 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 Prosecutor’s 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 operator’s franchise. Would you say that
she and her lawyer were guilty of forum-shopping? (1997 Bar Question)
SUGGESTED 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.
XI. Why is a lawyer also an “officer of the court"? Explain. (1996 Bar Question)
SUGGESTED ANSWER:
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.
XII. During the course of his cross-examination, your client had testified to events and circumstances which
obligation to:
a) the court; (1994 Bar Question)
SUGGESTED ANSWER:
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);
XIII. 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 Biñan, 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 Biñan, 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 Biñan, Laguna.
(A) Are Atty. V’s actions proper? (1991 Bar Question)
SUGGESTED ANSWER:
Attorney V’s 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? (1991 Bar Question)
SUGGESTED 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.
XIV. What is the first and most important duty of an attorney? Why? (1988 Bar Question)
SUGGESTED ANSWER:
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.
d) Reliance on merits of his cause and avoidance of any impropriety which tends to influence or gives the
appearance of influence upon the courts
I. Rico, an amiable, sociable lawyer, owns a share in Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for government officials and members of the bench.
One day, he had a chance meeting with a judge in the Intramuros golf course. The two readily got
along well and had since been regularly playing golf together at the Marina Golf Club.
A. If Atty. Rico does not discuss cases with members of the bench during parties and gold gamers, is
he violating the Code of Professional Responsibility? Explain. (3%) (2010 Bar Question)
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%) (2010 Bar Question)
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 his 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.
II. On a Saturday, Atty. Paterno 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. Paterno 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%) (2009 Bar Question)
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.”
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%) (2008 Bar Question)
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%) (2008 Bar Question)
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. Attorney M accepted a civil case for the recovery of title and possession of land in behalf of N.
SUGGESTED ANSWER:
court.”
V. 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. (2003 Bar Question)
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.
VI. 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 judge’s conduct. How should you react on the
matter? (2003 Bar Question)
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.”
VII. 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%) (2001 Bar
Question)
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.
VIII. 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%) (2000 Bar Question)
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.
IX. Atty. B, C, and D recently inaugurated their law partnership. Among the invited guests were clients,
Bar Question)
SUGGESTED ANSWER:
4. To the clients
I.
(1) Discuss briefly your understanding of the relationship between an attorney and his client.
(2) How is such a relationship created? Explain your answer. (1989 Bar Question)
SUGGESTED 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.
a) Availability of service without discrimination
I. How should a lawyer view representation of the poor, the marginalized, and the oppressed before our
courts of justice? Explain. (1988 Bar Question)
SUGGESTED ANSWER:
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.
(i) Services regardless of a person’s status
I. Darius is charged with the crime of murder. He sought Atty. Francia’s 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%) (2005 Bar Question)
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]).
II. Atty. DD’s 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. BB’s express consent.
Is Atty. DD’s motion legally tenable? Reason briefly. (5%) (2004 Bar Question)
SUGGESTED ANSWER:
No. Atty. DD’s 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 counsel’s representation solely for that
reason.
A lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed or status of
life or because of his own opinion regarding the guilt of said person (Canon 14, Rule 14.01, Code of Professional
Responsibility).
III. 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%) (2002 Bar Question)
SUGGESTED ANSWER:
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 attorney’s 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 attorney’s duty to counsel or maintain such actions or proceedings only as appear to him to be just
and such defenses only as he believes to be honestly debatable under the law.
IV. 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%) (2000 Bar Question)
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 latter’s race, sex, creed or status of
life, or because of his own opinion regarding the guilt of said person. It is for the judge, not the lawyer, to decide the
guilt of the accused, who is presumed to be innocent until his guilt is proved beyond reasonable doubt by
procedure recognized by law.
V. Should a lawyer accept a losing case: (a) in a criminal case; (b) in a civil case. Explain. (1996 Bar
Question)
SUGGESTED ANSWER:
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 latter’s 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 lawyer’s duty to counsel or maintain such actions or proceedings only as appear to him to
be Just and such defenses only as he believes to be honestly debatable under the law (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 man’s cause for any corrupt motive or interest (Sec. 20 [g]. 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 (Canon 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.
VI. 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. (1996 Bar Question)
SUGGESTED ANSWER:
I would still accept the case. It is not for me 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.
VII. 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. (1993 Bar Question)
SUGGESTED 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.
VIII. 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. (1990 Bar Question)
SUGGESTED 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
client’s 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.
IX. 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. (1989 Bar Question)
SUGGESTED 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.
(ii) Services as counsel de officio
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 Zuma’s admission, what should Christine do? Explain. (3%) (2008 Bar Question)
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.
x x x
[c] Can Christine withdraw as counsel of Zuma should he insist in going to trial? Explain. (3%) (2008
Bar Question)
SUGGESTED ANSWER:
No. Christine cannot withdraw as counsel of Zuma should he insist in going to trial. It is Christine’s duty and
moral obligation when she accepted the assignment as Zuma’s 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. 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 prosecution’s 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 counsel’s 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%)
(2004 Bar Question)
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%)
(2004 Bar Question)
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).
III.
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%) (2002 Bar Question)
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.
IV. 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%) (2001 Bar
Question)
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.
V. 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%] (1998 Bar Question)
SUGGESTED 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).
VI. 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 attorney’s 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. (1996
Bar Question)
SUGGESTED ANSWER:
a) No, F may not be compelled to pay attorney’s 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.
VII. 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. (1994 Bar Question)
SUGGESTED 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 attorney’s fees might also involve a
violation of the confidential nature of a lawyer-client relationship.
VIII. 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 in spite of his
request to the court that he preferred Atty. Concepcion whom he knew to be an excellent criminal
lawyer.
Is JG correct? (1994 Bar Question)
SUGGESTED 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 accused’s

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. Besides, if Atty.
Concepcion was really the counsel of his choice, he should have retained him as counsel de parte.
IX. 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? (1993 Bar Question)
SUGGESTED 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 appellant’s brief and the right
thereto is established by affidavit of poverty (Rule 122, Sec. 13. Rules of Court)
X. 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.
(1993 Bar Question)
SUGGESTED 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.
XI.
(A)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? (1991 Bar Question)
SUGGESTED 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. (1991 Bar Question)
SUGGESTED ANSWER:
If the defense in the civil case is based on falsified documents the lawyer should decline.
That is in compliance with the lawyer’s 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 man’s cause for
money or malice.
XII. 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.
(1988 Bar Question)
SUGGESTED 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 lawyer. 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.
(iii) Valid grounds for refusal
I. 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
Company’s 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?
(1994 Bar Question)
SUGGESTED 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.
b) Candor, fairness and loyalty to clients
(i) Confidentiality rule
x x x
[d] A lawyer cannot refuse to divulge the name or identity of his client.
SUGGESTED ANSWER:
FALSE. As a general rule, a client’s 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 client’s name would implicate that client in the very
activity for which he sought the lawyer’s advice, (b) where disclosure would open the client to civil liability, and
(c) where the government’s lawyers have no case against an attorney’s client unless by revealing the client’s name,
the said name would furnish the only link that would form the chain of testimony necessary to convict an
individual of a crime.
(ii) Privileged communications
I. 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%) (2009 Bar
Question)
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.
II. Christine was appointed counsel de oficio for Zuma, who was accused of raping his own daughter. Zuma
x x x
[b] Can Christine disclose the admission of Zuma to the court? Why or why not? (2%) (2008 Bar
Question)
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.
III. 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 Simon’s revelation to Atty. Holgado covered by the attorney-client privilege? 5% (2006 Bar
Question)
SUGGESTED ANSWER:
Simon’s 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.
IV. 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%) (1999 Bar Question)
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.
(iii) Conflict of interest
I. What are the three (3) tests to determine conflict of interest for practicing lawyers? Explain each
briefly. (3%) (2009 Bar Question)
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 attorney’s 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]).
II. In 1998, Acaramba, a telecommunications company, signed a retainer agreement with Bianca &
Sophia Law Office (B & S) for the latter’s 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.
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 lawyer’s 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. 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. Hernandez’s acquiescence to be Noel’s counsel ethical? 3% (2006 Bar Question)
SUGGESTED ANSWER:
No, Atty. Hernandez’s acquiescence to be Noel’s 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]).
IV. 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%) (2005 Bar Question)
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.
V. 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 client’s claim. What advice
would you give her? Explain. (2003 Bar Question)
SUGGESTED ANSWER:
I would advise her that it will be improper for her to handle her client’s claim against the estate. As a
counsel for the estate, it is my duty to preserve the estate. Her client’s 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.
VI. 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%) (2002 Bar Question)
SUGGESTED ANSWER:
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.
VII. 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%)
(2000 Bar Question)
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
lawyer’s conduct constituted a practice severely to be condemned.
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. Cruz’s 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%)
(1999 Bar Question)
SUGGESTED ANSWER:
In agreeing to represent Maria del Rio in a case which Pilipinas Bank filed against her, Atty. Cruz violated
the rule against representing conflicting interests. Rule 15.03 of the Code of Professional Responsibility provides
that a lawyer shall not represent conflicting interests except by written consent of all concerned after a full
disclosure of the facts. It is improper for a lawyer to appear as counsel for a person whose interest conflicts with
that of his present or former client, even in an unrelated case (Philippine National Bank v. Cedo, 243 SCRA 1). It
does not matter that the Pilipinas Bank branch in Quezon City is not one of the branches he services in Manila. The
bank itself is his client. This constitutes malpractice for which Atty. Cruz can be disciplined.
IX. Explain your understanding of "Conflict of Interest" under the Code of Professional Responsibility.
(1997 Bar Question)
SUGGESTED 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."
X. 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? (1997 Bar Question)
SUGGESTED 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 (Hilado 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.
XI. 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? (1997 Bar Question)
SUGGESTED 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.
XII. 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. (1993 Bar Question)
SUGGESTED 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 lawyer’s
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.
XIII. 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. (1992 Bar Question)
SUGGESTED ANSWER:
The motion for the disqualification of Atty. Suarez should be granted.
Atty. Suarez violated Canon 15, Rule 15.03, 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.
V. 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. (1992 Bar Question)
SUGGESTED 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.
VI. 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. (1991 Bar Question)
SUGGESTED 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.
VII. 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. (1991 Bar Question)
SUGGESTED 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 6.03 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 prosecution’s evidence.
VIII. 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. (1989 Bar Question)
SUGGESTED 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.
IX. 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 bank’s 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 Bank’s 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 FG’s actuations constituted malpractice.
May the petition to discipline Atty. FG prosper?
SUGGESTED 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.
(iv) Candid and honest advice to clients
x x x
[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.
(v) Compliance with laws
(vi) Concurrent practice of another profession
x x x
[c] There is no presumption of innocence or improbably of wrongdoing in an attorney’s 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]).
c) Client’s moneys and properties
(i) Fiduciary relationship
I. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct
stated below.
x x x
[d] Keeping money he collected as rental from his client’s tenant and remitting it to the client when
asked to do so. (3%) (2008 Bar Question)
SUGGESTED ANSWER:
The lawyer may be sanctioned for not delivering the rentals that he collected from the client’s 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 client’s 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 client’s funds in trust and accounts for them
and delivers them upon demand (Canon 16, Rules 16.01, 16.03, CPR).
II. A lawyer charged his client P10,000.00 for filing fees pertaining to the complaint he filed in court. He
actually spent only P1,000,00. 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.
(1990 Bar Question)
SUGGESTED ANSWER:
The client may charge 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 lawyer’s 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.
(ii) Commingling of funds
(iii) Delivery of funds
stated below.
x x x
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
(iv) Borrowing or lending
d) Fidelity to client’s cause
I. 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%) (2009 Bar Question)
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 lawyer’s 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.
II. 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. (2007 Bar Question)
SUGGESTED ANSWER:
The decision of the Supreme Court in the case of Hernandez v. Go, (450 SCRA 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 as 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.
e) Competence and diligence
I. When is professional incompetence a ground for disbarment under the Rules of Court? (3%) (2010 Bar
Question)
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.
(i) Adequate preparation
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%) (2008 Bar Question)
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.
II. Attorney M accepted a civil case for the recovery of title and possession of land in behalf of N.
SUGGESTED ANSWER:
court.”
(ii) Negligence
I. Attorney M accepted a civil case for the recovery of title and possession of land in behalf of N.
SUGGESTED ANSWER:
court.”
II.
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%) (2002 Bar
Question)
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
counsel’s Inexcusable negligence in the discharge of his duty may file an action for damages against him. However,
there must be a showing that had the lawyer exercised due diligence, the client under the facts and the law would
have succeeded in recovering from the adverse party or in resisting the claim of the latter.
III. 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%) (1998 Bar Question)
SUGGESTED 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 Nadayag 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."
(iii) Collaborating counsel
I. 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%) (2001 Bar Question)
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 18.01, Code of Professional Conduct)
II. 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. (1990 Bar Question)
SUGGESTED ANSWER:
There is no impropriety in the sharing of attorney’s 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 Attorney’s 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. Sobretodo’s 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 client’s secrets, privileged communications or
affairs to a lawyer with whom he has no attorney-client relationship. To do so without the client’s 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 Collado’s 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.
(iv) Duty to apprise client
I. 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%) (2002 Bar Question)
SUGGESTED ANSWER:
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 all, 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
client’s decision whether or not to appeal.
f) Representation with zeal within legal bounds
I. 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? (2003 Bar Question)
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 client’s cause. (Section 20, Rule 128).
II. Winnie retained the services of Atty. Derecho to file a collection case against Carmen. Winnie paid Atty.
Derecho a sizeable retainer's fee which the latter accepted. Later, in the process of determining the
amount of debt to be collected from Carmen, Atty. Derecho noticed that of the total claim of 8.5 Million,
certain invoices covering 3.5 Million appeared to be Irregular. Winnie while admitting the irregularity
assures her lawyer that there would be no problem as Carmen was by nature negligent in keeping her
records and would not notice the mistake anyway. Atty. Derecho tried to convince Winnie to exclude
the amount of 3.5 Million but Winnie refused. As a consequence Atty. Derecho terminated their
relationship and withdrew from the case.
Was Atty. Derecho right in terminating their relationship and withdrawing from the case? How
about the fact that he had already accepted a sizeable retainer’s fee from his client? Discuss fully. (1995
Bar Question)
SUGGESTED 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 retainer’s 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.
(i) Use of fair and honest means
I. 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 client’s rights and interests? (1997 Bar
Question)
SUGGESTED 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.
(ii) Client’s fraud

I. Christine was appointed counsel de oficio for Zuma, who was accused of raping his own daughter. Zuma
[a] In light of Zuma’s admission, what should Christine do? Explain. (3%) (2008 Bar Question)
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.
II. 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%) (2001 Bar Question)
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)
III. During the course of his cross-examination, your client had testified to events and circumstances which
obligation to:
x x x
b) your client; (1994 Bar Question)
SUGGESTED ANSWER:
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).
IV. 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. (1993 Bar Question)
SUGGESTED 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 attorney’s duty to keep Inviolate the client's confidence demands that he refrain from revealing
the client’s 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”.
(iii) Procedure in handling the case
g) Attorney’s fees
I. 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%)
(2010 Bar Question)
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.
II. When is recovery of attorney’s fees based on quantum meruit allowed? (2007 Bar Question)
SUGGESTED ANSWER:
Recovery of attorney’s fees on the basis of quantum meruit is authorized when (1) there is no express
contract for payment of attorney’s fees agreed upon between the lawyer and the client; (2) when although there is
a formal contract for attorney’s fees, the fees stipulated are found unconscionable or unreasonable by the court;
and (3) when the contract for attorney’s 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 attorney’s fees (Rilloraza vs. Eastern Telecommunications Phils., 308 SCRA 566 [1999]).
III. The contract of attorney’s 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% (2006 Bar Question)
SUGGESTED ANSWER:
The agreement that the lawyer will assume payment of all the expenses of litigation makes it a
champertous contract, which is invalid.
IV.
1. What is “Assumpsit” and when is it proper? 2% (2006 Bar Question)
SUGGESTED ANSWER:
Assumpsit is an action in common law for the recovery of damages for the non-performance of a parol or
simple contract (Bouvier’s Law Dictionary, Vol. 1, pp. 269-270). The term has been used in relation to the collection
of attorney’s 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 attorney’s fees
stipulated in their written contract. 4% (2006 Bar Question)
SUGGESTED ANSWER:
Any four of the following instances constitute valid grounds for client to refuse to pay the full amount of the
attorney’s 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 client’s 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.
V. 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. (2003 Bar Question)
SUGGESTED ANSWER:
The acceptance of P10,000.00 from the insurance company is improper. Rule 20.03 of the Code of
Professional Responsibility provides that “a lawyer shall not, without the full knowledge and consent of the client,
accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone other than the client.”
VI.
(a) What is a champertous contract? Is it valid? (2%)
(b) Distinguish between a champertous contract and a contingent fee contract. (3%) (2000 Bar
Question)
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 lawyer’s fee, usually a fixed percentage of what may
be recovered in the action, is made to depend upon the success in the effort to enforce or defend the client’s right.
It is a valid agreement. It is different from a champertous contract in that the lawyer does not undertake to
shoulder the expenses of the litigation.
VII. Atty. A’s 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%) (1999 Bar Question)
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.
VIII. What is your understanding of quantum meruit as attorney's fees? [5%] (1998 Bar Question)
SUGGESTED 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.
IX. 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 representative’s 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? (1997 Bar Question)
SUGGESTED ANSWER:
Rule 20.03 of the Code of Professional Responsibility provides that a lawyer shall not, without the full
knowledge and consent of the client, accept any fee, reward, costs, commission, 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 attorney’s 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.
X. 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? (1994 Bar Question)
SUGGESTED 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 vex or humiliate him and to cast upon him dishonor and disgrace.
2) No. Attorney’s fees in the concept or as an item of damages is an indemnity for damages sustained by the
client, and belongs to him.
XI. 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? (1994 Bar Question)
SUGGESTED 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)
XII. Atty. Nicasio handled a case for Lydia Domondon wherein Judgment was rendered in the latter’s favor
in the amount of P 10,000.00. Upon finality of the judgment, the judgment debtor paid the full amount
of PI 10,000.00 to Atty. Nicasio. However, Atty. Nicasio turned over only P80.000.00 to Lydia
Domondon, explaining that he had already deducted the amount of P20,000.00 for his professional
services in accordance with their written agreement, and the amount of P 10,000.00 awarded by the
court by way of attorney’s 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. (1992 Bar Question)
SUGGESTED ANSWER:
The action of Atty. Nicasio in retaining the amount of P 10,000.00 as attorney’s 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.
XIII. 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 lawyer’s 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. Rito’s fees on the ground that there was no written contract of their
professional relationship.
(A) Can Amparo justify her action? (1991 Bar Question)
SUGGESTED ANSWER:
Amparo may not justify her refusal to compensate Atty. Rito for his legal service. An attorney is entitled to
attorney’s 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? (1991 Bar Question)
SUGGESTED ANSWER:
Atty. Rito has the right to demand attorney’s fees based on an implied contract and for services rendered.
The determination of the amount of attorney’s 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 employment; customary changes, amount involved; contingency or certainty of compensation; professional
standing and capacity of the client to pay.
XIV.
(A) XYZ Corporation, represented by Atty. W. won in a civil case against ABC Co. and was awarded
attorney’s 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 attorney’s fees, which it paid when it rested its
case. ABC Co. failed to pay the adjudged attorney’s fees even after the decision had become final.
Atty. W filed a motion for execution of Judgment on the attorney’s fees, claiming to be his. XYZ Corp.
also had a similar motion claiming that the adjudged attorney’s fees belong to it. Which motion will
you grant? (1991 Bar Question)
SUGGESTED ANSWER:
The attorney’s 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 attorney’s against Amor and her
parents. A likewise appeared for himself in the case. Can her recover attorney’s fees? (1991 Bar
Question)
SUGGESTED ANSWER:
No. Attorney A is not entitled to attorney's fees. He may, however, be entitled to attorney’s 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.
XV. 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. (1990 Bar Question)
SUGGESTED ANSWER:
There is no impropriety in the sharing of attorney’s 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 Attorney’s 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. Sobretodo’s 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 client’s secrets, privileged communications or
affairs to a lawyer with whom he has no attorney-client relationship. To do so without the client’s 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 Collado’s 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.
XVI. 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, how would the services of an attorney be compensated?
Explain.
c) What is a champertous contract? What is its effect in this jurisdiction? Why? (1988 Bar Question)
SUGGESTED ANSWER:
a) The following are the types of fee arrangements:
1. Retainer’s 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 lawyer’s fee is taken from the award granted by the
court.
4. Attorney de Oficio. 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.
XVII. Hessy Prado is a successful law practitioner in Metro Manila with clients all over the country. He has
a cousin who practices law in Davao where he (Atty. Prado), likewise, has some clients. Meeting each
other in a national convention of lawyers, Atty. Prado proposed to his cousin referrals of cases from
time to time in exchange for a certain percentage of the fees.
1. Is the proposal proper? Explain.

2. If your answer is in the negative, under what type of arrangement can the proposal be considered
proper? Explain. (1988 Bar Question)
SUGGESTED ANSWER:
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 attorney’s fees without division of work.
XVIII. 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?
SUGGESTED 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 lawyer’s 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.
(b) Since the client dismissed the attorney for a valid reason, Attorney BB has no more right on his attorney’s
fees.
(i) Acceptance fees
(ii) Contingency fee arrangements
I. 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.
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]).
II. Chester asked Laarni 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 Laarni PI50 Million on the ground
that it is excessive. Is the refusal justified? Explain. (4%) (2008 Bar Question)
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:
Chester’s refusal to pay Atty. Laarni P150 million as attorney’s 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 attorney’s 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 attorney’s 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%) (2008 Bar Question)
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]).
III. The contract of attorney’s 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.
x x x
2. May Atty. Quintos and Susan increase the amount of the contingent fee to 80%? 2.5% (2006 Bar
Question)
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 attorney’s fees are always subject to control by the courts.
IV. Atty. CJ handled the case for plaintiff GE against defendant XY in an action for damages. Judgment was
rendered for plaintiff GE. When a writ of execution was issued, the sheriff levied on a 400- square meter
lot of defendant XY. Pursuant to their contingent fee contract, plaintiff GE executed a deed of
assignment in favor of Atty. CJ of one-half of the lot. Atty. CJ accepted the assignment.
A. Is the contract for contingent fee valid? Explain. (3%)

B. Did Atty. CJ commit any violation of the Code of Professional Responsibility? Explain. (2%) (2002
Bar Question)
SUGGESTED ANSWER:
A. Contract for contingent fee is a contract wherein the attorney’s fee, usually a percentage of what may be
recovered in the action, is made to depend upon the success of the lawyer in enforcing or defending his client’s
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.
V. Mrs. Amy Dizon’s 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 retainer’s 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. (1990 Bar Question)
SUGGESTED 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 client’s 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 retainer’s 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 meruit basis.
(iii) Attorney’s liens
x x x
[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.
II. TRUE OR FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your
x x x
[d] The satisfaction of a judgment debt does not, by itself, bar or extinguish the attorney’s 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 lawyer’s
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.
III. 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%) (2008 Bar Question)
SUGGESTED ANSWER:
A charging lien, to be enforceable as security for payment of attorney’s 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 vendee’s 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%) (2008 Bar Question)
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.
IV. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct
stated below.
x x x
[e] Refusing to return certain documents to the client pending payment of his attorney’s fees. (3%)
(2008 Bar Question)
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).
V.
(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. H’s retention of the documents justified?
Explain. (3%) (2000 Bar Question)
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.
VI. Explain the meaning of - (1) Counsel de oficio; (2) Amicus curiae; and (3) Attorney's lien. [5%] (1998
Bar Question)
SUGGESTED ANSWER:
x x x
(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.
VII. 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 attorney’s 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. (1996 Bar Question)
SUGGESTED ANSWER:
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.)
VIII. 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 attorney’s 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
attorney’s 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. (1995 Bar Question)
SUGGESTED ANSWER:
A lawyer has a retaining lien which entitled him to retain possession of a client’s 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.
IX. 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? (1994 Bar
Question)
SUGGESTED 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.
(iv) Fees and controversies with clients
I. Atty. Wilmar represented Beatriz in a partition case among heirs, and won. When Wilmar demanded
payment of attorney’s fees, Beatriz refused to pay. Wilmar sued Beatriz for the unpaid attorney’s 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 attorney’s 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 attorney’s fees and (2) Beatriz engaged in forum-shopping. Are the
defense of Atty. Wilmar tenable? Explain. (4%) (2009 Bar Question)
SUGGESTED ANSWER:
The defenses of Atty. Wilmar are tenable.
(1) The claim of Beatriz that he lied when he stated in his claim for attorney’s 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.
II. Discuss the propriety of a lawyer filing a suit against his client concerning his fees. (5%) (1998 Bar
Question)
SUGGESTED ANSWER:
Rule 20.04 of the Code of Professional Responsibility provides that “a lawyer shall avoid controversies with
his clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or
fraud.” The legal profession is not a 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.
(v) Concepts of attorney’s fees
(a) Ordinary concept
(b) Extraordinary concept
h) Preservation of client’s confidences
(i) Prohibited disclosures and use
I. 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%) (2009 Bar
Question)
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.
II. Christine was appointed counsel de oficio for Zuma, who was accused of raping his own daughter. Zuma
x x x
[b] Can Christine disclose the admission of Zuma to the court? Why or why not? (2%) (2008 Bar
Question)
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.
III. 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.
x x x
B. Should Atty. Z tell B that A consulted him earlier about the same case? Why? (3%) (2002 Bar
Question)
SUGGESTED ANSWER:
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.
IV. 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%) (2001 Bar Question)
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.
V. 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? (1997 Bar Question)
SUGGESTED 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)
(ii) Disclosure, when allowed
I. 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 Niko’s problem. Did Atty. Henry violate any rule of
ethics? Explain fully. (7%) (2008 Bar Question)
SUGGESTED ANSWER:
Atty. Henry violated Canon No. 21 of the CPR by sharing information obtained from his client Niko with
Atty. Canonigo. Canon No. 21 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 Niko’s 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]).
II. 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? (2%) (1998 Bar Question)
SUGGESTED 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 advice, 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.
III. 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 to 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. (1988 Bar Question)
SUGGESTED 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 advice, 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.
IV. 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?

SUGGESTED 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.
i) Withdrawal of services
I. 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 attorney’s 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 plaintiff’s 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%) (2004 Bar Question)
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 lawyer’s withdrawal from a court case? Explain briefly. (5%) (2004
Bar Question)
SUGGESTED ANSWER:
No, his actuation is not in accord with the procedural requirements for the lawyer’s 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.
II. 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%) (2001 Bar Question)
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)
III. 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 attorney’s fees. Is the ground for withdrawal
justified? Explain. (5%) (2000 Bar Question)
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 lawyer’s fees or to
comply with the retainer agreement. He has only refused to agree with the lawyer’s demand for an increase in his
IV. 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%] (1998 Bar Question)
SUGGESTED 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
(Canon 22, Code of Professional Responsibility).
V. 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 wants you to promptly take over the case. You agree to
handle the case. What steps must you take to formalize the engagement? (1997 Bar Question)
SUGGESTED ANSWER:
I will ask M to first terminate or secure the withdrawal of N as his counsel. If N’s 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.
VI. 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. (1997 Bar Question)
SUGGESTED 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).
VII. Winnie retained the services of Atty. Derecho to file a collection case against Carmen. Winnie paid Atty.
Derecho a sizeable retainer's fee which the latter accepted. Later, in the process of determining the
amount of debt to be collected from Carmen, Atty. Derecho noticed that of the total claim of 8.5 Million,
certain invoices covering 3.5 Million appeared to be Irregular. Winnie while admitting the irregularity
assures her lawyer that there would be no problem as Carmen was by nature negligent in keeping her
records and would not notice the mistake anyway. Atty. Derecho tried to convince Winnie to exclude
the amount of 3.5 Million but Winnie refused. As a consequence Atty. Derecho terminated their
relationship and withdrew from the case.
Was Atty. Derecho right in terminating their relationship and withdrawing from the case? How
about the fact that he had already accepted a sizeable retainer’s fee from his client? Discuss fully. (1995
Bar Question)
SUGGESTED 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 retainer’s 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.
VIII.
1) May a client dismiss his lawyer at any time?
2) May a lawyer withdraw as counsel at any time? (1994 Bar Question)
SUGGESTED 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.
IX.
(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. (1989 Bar Question)
SUGGESTED ANSWER:
(1) Yes, the client has the right to dismiss his lawyer anytime with or without cause. The reason is that a
lawyer’s employment is strictly personal and highly confidential in nature. The client’s 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.
X.
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. (1988 Bar
Question)
SUGGESTED 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 attorney’s fees for sendees rendered. In the case in question, Don Juan Roxas has all the
financial means to pay the attorney’s fees agreed upon. It is certainly degrading on the lawyer to practically beg for
the payment of attorney’s fees for services rendered.
C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)
I.
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. Fernandez’s name appears in the Supreme Court’s 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%
(2006 Bar Question)
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% (2006 Bar Question)
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]).
II. 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%) (2000 Bar Question)
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.
III. 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 dates 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?
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.
IV. 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%) (1999 Bar Question)
SUGGESTED ANSWER:
X’s 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).
V. When Atty. Aldrin received copy of the decision of the Court of Appeals, he filed a motion for
reconsideration using intemperate and disrespectful language with a subtle threat that “knowingly
rendering an unjust judgment is punishable under the Revised Penal Code."
The Court of Appeals ordered him to explain why he should not be cited in contempt of court.
Instead of complying, he submitted to the Court of Appeals his Petition to Retire from the practice of
law which he immediately filed with the Supreme Court after receiving the citation for contempt. May
he be allowed to retire from the practice of law? [5%] (1998 Bar Question)
SUGGESTED 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. 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%) (1998 Bar Question)
SUGGESTED 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).
VII. Ben filed proceedings for disbarment against his lawyer, Atty. Co, following the latter’s 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%) (1998 Bar Question)
SUGGESTED 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).
VIII. 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 of law as a
legal and logical consequence of the absolute pardon.
Is he entitled to reinstatement? (1994 Bar Question)
SUGGESTED 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).
IX. What is moral turpitude? Mention some crimes which involve moral turpitude. (1993 Bar Question)
SUGGESTED 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.
X. 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. (1993 Bar Question)
SUGGESTED 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.
XI. What is the purpose of disbarment as a means of disciplining erring lawyers? (1991 Bar Question)
SUGGESTED 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.
XII. 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? (1991 Bar Question)
SUGGESTED 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.
1. Nature and characteristics of disciplinary actions against lawyers
a) Sui generis
I. 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%) (2010 Bar Question)
SUGGESTED ANSWER:
The defense of in pari delicto is immaterial in an administrative case which is sui generis. The
administrative case is about the lawyer’s conduct, not the woman’s (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]).
II. 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 Arabella’s motion to
dismiss the complaint? (3%) (2010 Bar Question)
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.
III. Atty. Hyde, a bachelor, practices law in the Philippines. On long weekend, he dates beautiful actresses
SUGGESTED ANSWER:
IV. 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.
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. Malibu’s contention tenable or not? Reason briefly. (5%) (2004 Bar Question)
SUGGESTED ANSWER:
Atty. Malibu’s 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]).
V. A proceeding for disbarment is considered sui generis. Explain briefly, giving at least five (5) reasons in
support of your answer. (5%) (2002 Bar Question)
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.
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%) (2000 Bar Question)
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. 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? (1994 Bar Question)
SUGGESTED ANSWER:
The desistance of a complaint in a disbarment proceedings 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, I will deny the motion of Atty. Cruz and continue the hearings.
b) Prescription
I. 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
Adorable’s complaint formally, Pugote moved for its dismissal on the ground that it is already moot and
academic.
Should Miss Adorable’s complaint be dismissed or not? Explain briefly. (5%) (2004 Bar Question)
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.
II. 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.
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. Malibu’s contention tenable or not? Reason briefly. (5%) (2004 Bar Question)
SUGGESTED ANSWER:
Atty. Malibu’s 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]).
2. Grounds
I. 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%) (2010 Bar Question)
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.
II. 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%) (2009 Bar Question)
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.
III. 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%) (2009 Bar Question)
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.
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.
IV. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct
stated below.
x x x
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
x x x
[f] An unwed female lawyer carrying on a clandestine affair with her unwed male hairdresser. (3%)
(2008 Bar Question)
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.”
V. Which of the following acts does not constitute a ground, for disbarment? Explain. 2.5% (2006 Bar
Question)
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.
VI. 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. Blg. 22. In the disbarment proceedings filed against him, Atty.
Walasunto contended that his conviction for violation of B.P. Blg. 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%) (2004 Bar Question)
SUGGESTED ANSWER:
No. His contentions are not meritorious. In the first place, a ground for disbarment is conviction of a crime
involving moral turpitude (Sec. 27, Rule 138, Rules of Court), and the violation of B.P. 22 is considered to be a crime
involving moral turpitude (People v. Tuanda, 181 SCRA 692 [1990]). In the second place, Rule 7.03 of the Code of
Professional Responsibility provides that “a lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.” Additionally, Rule 1.01 of the same Code provides that “a lawyer shall not engage
in unlawful, dishonest, immoral or deceitful conduct."
VII. 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%) (2002 Bar Question)
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.”
VIII. 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%) (2002 Bar Question)
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.
IX. 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%) (2000 Bar
Question)
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 lawyer’s 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 v. Qutsumbing, 28 SCRA 614 [1969]).
X. 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.
(1993 Bar Question)
SUGGESTED 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.
XI. 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. (1992 Bar Question)
SUGGESTED ANSWER:
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.
XII. The Court of Appeals affirmed the judgment of conviction of Atty. Gancho for violation of B.P Blg. 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. (1992 Bar Question)
SUGGESTED ANSWER:
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.
XIII. 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. (1989 Bar Question)
SUGGESTED 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.
3. Proceedings
I. 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?
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 motu proprio.
B. Is respondent entitled to resume the practice of Law? Explain. (5%) (2010 Bar Question)
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 lawyer’s oath.
II. 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%) (2004 Bar Question)
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 lawyer’s name, disbarment proceedings are directed to be confidential until their
final determination (Sec. 18, Rule 139-B, Rules of Court).
III. 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 X’s contention. (2003 Bar Question)
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.
IV. 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 X’s 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. (2003 Bar Question)
SUGGESTED ANSWER:
There is no impingement on Attorney X’s 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. 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.
x x x
b) Where should the complaint for disbarment be filed? (1996 Bar Question)
SUGGESTED ANSWER:
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).
VI. A lawyer charged his client P10,000.00 for filing fees pertaining to the complaint he filed in court. He
actually spent only P1,000,00. He did not account for the balance.
x x x
2) Suppose that the lawyer should be charged, how and where should the complaint be filed? Explain
your answer. (1990 Bar Question)
SUGGESTED ANSWER:
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).
VII. How may a proceeding for disbarment, suspension or discipline of attorneys be instituted? (1989 Bar
Question)
SUGGESTED ANSWER:
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.
4. Discipline of Filipino lawyers practicing abroad
I. 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%
(2006 Bar Question)
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 prima facie 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]).
II. 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%) (2002 Bar Question)
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.
D. Readmission to the Bar

1. Lawyers who have been suspended
2. Lawyers who have been disbarred
I. 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. (1993 Bar Question)
SUGGESTED 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.
3. Lawyers who have been repatriated
E. Mandatory Continuing Legal Education
1. Purpose
I. State the aims and objectives sought to be accomplished by the Mandatory Continuing Legal Education
(MCLE)? (2003 Bar Question)
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."
2. Requirements
3. Compliance
4. Exemptions
I. 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% (2006 Bar Question)
SUGGESTED ANSWER:
Atty. Oldie is not correct. The Senior Citizen’s 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 Mandatory Continuing
Legal Education (MCLE) requirements.
2. Should he be exempt? 3% (2006 Bar Question)
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.
5. Sanctions
6. Bar Matter 2012, Rule on Mandatory Legal Aid Service
F. Notarial Practice (A. M. No. 02-8-13-SC, as amended)
I. Distinguish between: a Jurat and Acknowledgment. Give an example of each. (1996 Bar Question)
SUGGESTED ANSWER:
Jurat is the form prescribed for 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.
1. Qualifications of notary public
I. Is a lawyer (a) always a notary public: or (b) is a notary public always a lawyer? Explain. (1996 Bar
Question)
SUGGESTED ANSWER:
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.
2. Term of office of notary public
3. Powers and limitations
I. Enumerate the instances when a Notary Public may authenticate documents without requiring the
physical presence of the signatories. (2%) (2010 Bar Question)
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.
II. TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your
x x x
[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.
III. 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%) (2009 Bar Question)
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.
IV. 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%) (2007 Bar Question)
SUGGESTED ANSWER:
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).
V. 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? (1996 Bar Question)
SUGGESTED ANSWER:
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.
VI. What are the powers and duties of a notary public? (1995 Bar Question)
SUGGESTED ANSWER:
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 his 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;
8. To make the proper notation regarding residence certificates. (Sec. 247, Rev. Adm. Code)
VII. 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 building contractor and a neighboring municipality;
(d) a memorandum of agreement between another private contractor and the municipality where he
sits as judge. (1995 Bar Question)
SUGGESTED 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.
4. Notarial register
5. Jurisdiction of notary public and place of notarization
I. What is the extent of the jurisdiction of a notary public? (1995 Bar Question)
SUGGESTED ANSWER:
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)
6. Revocation of commission
I. Who can revoke his notarial commission? (1995 Bar Question)
SUGGESTED ANSWER:
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.
7. Competent evidence of identity
I. 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%) (2007 Bar Question)
SUGGESTED ANSWER:
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.”
8. Sanctions
G. Canons of Professional Ethics
I. 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.
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]).
II. 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 plaintiff’s counsel.
[a] Did Atty. Manuel violate any ethical standard for lawyers? Explain. (3%) (2009 Bar Question)
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 plaintiff’s counsel? Explain. (2%) (2009 Bar Question)
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 party’s
lawyer.
III. 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% (2004 Bar
Question)
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).
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 prosecution’s 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 counsel’s 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%)
(2004 Bar Question)
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%)
(2004 Bar Question)
SUGGESTED ANSWER:
Atty. Tres may legally refuse his designation as counsel de oficio for accused Primo. Since the defense of his
client Tercero is that Primo and Segundo actually perpetrated the commission of the offense for which they are all
charged, there is a conflict of interest between Tercero and Primo. There is conflicting interest if there is
inconsistency in the interests of two or more opposing parties. The test is whether or not in behalf of one client, it
is the lawyer's duty to fight for an issue or claim but it is his duty to oppose it for the other client (Canon 6, Canons
of Professional Ethics).
V. 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%) (2001 Bar Question)
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)
VI. Atty. A's client filed a case against Atty. B’s 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 A’s client to settle the case. Decide. (5%)
(2001 Bar Question)
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)
VII. 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
1. Did Atty. Hans Hilado commit malpractice and grave misconduct as a lawyer? Explain. (1995 Bar
Question)
SUGGESTED ANSWER:
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).
VIII. 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? (1993 Bar Question)
SUGGESTED 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 client’s 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.
II. JUDICIAL ETHICS
x x x
[e] A companion or employee of the judge who lives in the judge’s household is included in the
definition of the “judge’s family.”
SUGGESTED ANSWER:
TRUE. A judge’s family as defined in the New Code of Judicial Conduct for the Philippine Judiciary “includes
a judge’s 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 judge’s
household.”
II. 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? (1997 Bar Question)
SUGGESTED 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.
III. 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? (1992 Bar Question)
SUGGESTED 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)
IV. Explain the meaning and ramifications of this statement: “The judge is an arbiter of law and a minister
of justice." (1991 Bar Question)
SUGGESTED 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.
A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
[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.
2. Code of Judicial Conduct

I. 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? (1991 Bar Question)
SUGGESTED 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.
II. 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? (1991 Bar Question)
SUGGESTED 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. Qualities
I. What qualities should an ideal judge possess under the New Code of Judicial Conduct for the Philippine
Judiciary? (5%) (2007 Bar Question)
SUGGESTED ANSWER:
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).
1. Independence
I. 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.
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 judge’s ability to rule
independently in cases involving the said unit.
II. 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%) (2007 Bar Question)
SUGGESTED ANSWER:
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
improperly to influence them in the performance of judicial will convey the impression that he is trying to
influence the presiding judge.
III. 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%) (2005 Bar Question)
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.
IV. 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%) (2004 Bar Question)
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).
V. 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. (2003 Bar Question)
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.
VI. 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%) (2002 Bar Question)
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.
VII. 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. (1992 Bar Question)
SUGGESTED 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."
2. Integrity
I. 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. (1994
Bar Question)
SUGGESTED 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)
3. Impartiality
I. Rebecca’s complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge A’s wife by a
previous marriage. This is known to the defendant who does not, however, file a motion to inhibit the
Judge.
Is the Judge justified in not inhibiting himself from the case? (3%) (2010 Bar Question)
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. 5[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 A’s wife is liable to make a
reasonable observer doubt his impartially.
II. 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 Quintero’s inhibition justified? Explain. (3%) (2009 Bar Question)
SUGGESTED ANSWER:
Judge Quintero’s 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.”
III. 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%) (2008 Bar
Question)
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]).
IV. 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%) (2008
Bar Question)
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.
x x x
[c] Dictating his decision in open court immediately after trial. (3%) (2008 Bar Question)
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.
V.
(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%) (2005 Bar Question)
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 former’s 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%) (2005 Bar Question)
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.
VI. 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%) (2004 Bar Question)
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.
VII. 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? (2003 Bar Question)
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 judge’s 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.”
VIII. 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
plaintiff’s 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%) (2002 Bar Question)
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.
IX. 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%) (2001 Bar
Question)
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.
X. 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%) (2000 Bar Question)
SUGGESTED ANSWER:
The Judge’s reliance on freedom of expression is untenable. The judge's vicious writings compromise his
duties as judge in the impartial administration of justice. His writings lack judicial decorum which requires the use
of temperate language at all times. The judge should not instigate litigation (Galang v. Santos, 307 SCRA 583
[19991, Royeca v. Animas. 71 SCRA 1 [19761).
XI. 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%) (2000
Bar Question)
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.
XII. 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%) (1999 Bar Question)

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.
XIII. 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%) (1999 Bar Question)
SUGGESTED ANSWER:
No, he may not. Rule 5.06 of the Code of Judicial Conduct provides that a judge shall not serve as the
executor, administrator, trustee, guardian, or other fiduciary except for the estate, trust, or person of a member of
the immediate family, and then only if such service will not interfere with the proper performance of judicial
duties. Member of immediate family shall be limited to the spouse and relatives within the second degree of
consanguinity.
XIV. 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. (1996 Bar Question)
SUGGESTED ANSWER:
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.
XV. 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? (1996
Bar Question)
SUGGESTED ANSWER:
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.
XVI. 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. (1995 Bar Question)
SUGGESTED ANSWER:
Rule 5.06 of the Code of Judicial Conduct provides f that “A Judge should not serve as the executor,
administrator, trustee, guardian, or other fiduciary, except for the estate, trust or person of a member of the
immediate family, and then only if such service will not interfere with the proper performance of Judicial duties.
Members of immediate family’ shall be limited to the spouse and relatives within the second degree of
consanguinity". Under the foregoing rule, the petition should be denied. The Judge should not be appointed
administrator of the estate of his first cousin, who is not a relative within the second degree of consanguinity.
XVII. 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. (1992 Bar Question)
SUGGESTED 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."
XVIII. How shall a judge conduct court proceedings? May he participate intensively in the examination of
the witnesses? Explain. (1988 Bar Question)
SUGGESTED ANSWER:
A judge should not participate intensively in the examination of witnesses. He may ask questions only to
clarify some points but not to the extent of taking the place of a counsel, otherwise he may be accused of partiality.
In other words he should assume the posture of “cold neutrality” of a judge.
4. Propriety
I. 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%) (2010 Bar Question)
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%) (2010 Bar Question)
SUGGESTED ANSWER:
He could raise the defense of hearsay evidence, lack of substantive evidence, and denial of due process.
II. Rico, an amiable, sociable lawyer, owns a share in Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for government officials and members of the bench.
One day, he had a chance meeting with a judge in the Intramuros golf course. The two readily got
along well and had since been regularly playing golf together at the Marina Golf Club.
A. If Atty. Rico does not discuss cases with members of the bench during parties and gold gamers, is
he violating the Code of Professional Responsibility? Explain. (3%) (2010 Bar Question)
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%) (2010 Bar Question)
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.
III. 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%) (2010 Bar Question)
SUGGESTED ANSWER:
Judge L incurred administrative liability. Rule 5.10 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.
IV. 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.
A. Did Judge X incur any administrative liability? Explain. (3%) (2010 Bar Question)
SUGGESTED ANSWER:
He did not incur administrative liability. Sec. 6, 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.”
B. 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%)
(2010 Bar Question)
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.
V. 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%) (2010 Bar Question)
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”.
VI. 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%) (2009 Bar Question)
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.”
VII. State, with a brief explanation, whether the judge concerned may be sanctioned for the conduct
stated below.
x x x
[b] Deciding a case in accordance with a Supreme Court ruling but adding that he does not agree with
the ruling. (3%) (2008 Bar Question)
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.
VIII. During the hearing of an election protest filed by his brother, Judge E sat in the area reserved for
the public, no beside his brother’s lawyer. Judge E’s 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. (2007 Bar Question)
SUGGESTED ANSWER:
Judge E committed an act of impropriety in appearing in another court at the hearing of his brother’s
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 brother’s 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 brother’s election protest, it cannot be denied that his presence in the courtroom
during the hearing of his brother’s 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.”
IX. 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%) (2007 Bar Question)
SUGGESTED ANSWER:
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
improperly to influence them in the performance of judicial will convey the impression that he is trying to
influence the presiding judge.
X. 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%) (2005 Bar Question)
SUGGESTED ANSWER:
The explanation of Judge Horacio is not tenable. In the case of City of Tagbilaran 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 judge’s 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).
XI. 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%) (2005 Bar Question)
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.
XII. 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%) (2004 Bar Question)
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).
XIII. 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. (2003 Bar Question)
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.
XIV. 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? (2003 Bar Question)
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 judge’s 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.”
XV. 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%) (2002 Bar Question)
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 of law as a member of the bar or giving professional advice to clients. 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.
XVI. 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%) (1999 Bar Question)
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.
XVII. X, a Municipal Trial Court Judge, received the amount of One Thousand (P1,000.00) 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%) (1999 Bar Question)
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)
XVIII. 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%)
(1999 Bar Question)
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).
XIX. 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%] (1998 Bar Question)
SUGGESTED 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 respondent
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.
XX. 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? (1997 Bar Question)
SUGGESTED 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.
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.
XXI. 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? (1996 Bar Question)
SUGGESTED ANSWER:
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.
XXII. 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. (1995 Bar Question)
SUGGESTED 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 24, 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.
XXIII. 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. (1995 Bar Question)
SUGGESTED ANSWER:
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.
XXIV. 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
x x x
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. (1995 Bar Question)
SUGGESTED ANSWER:
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 lawyer’s right to a just compensation. Such right is entitled to protection from the court.
XXV.
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? (1990 Bar Question)
SUGGESTED ANSWER:
1) The judge’s 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 judge’s 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.
XXVI.
1) Would it be proper for the judge to accept a donation of a lawyer’s 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. (1990 Bar Question)
SUGGESTED ANSWER:
1) It would be proper for a Judge to accept the donation of a lawyer’s 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 judge’s 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.
XXVII.
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. (1990 Bar Question)
SUGGESTED 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.
XXVIII. 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? (1989 Bar Question)
SUGGESTED 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.
XXIX. 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. (1987 Bar Question)
SUGGESTED ANSWER:
There are no legal or ethical implications on the business enterprises of the regional trial court judge on (a)
owning a bookstore, (b) owning a chain of restaurants as along as said enterprise do not conflict with his judicial
duties or takes undue advantage thereof because of his position (Macariola vs. Asuncion).
It is unethical and improper, however, for the judge to be engaged in (c) a surety company posting bonds in
court cases. The said business certainly is in conflict with his judicial duties. The judge should not enter into such
private business or pursue such a course of conduct as would justify such suspicion, nor use the power of his office
or the influence of his name to promote the business interests of others; he should not solicit for charities, nor
should he enter into any business relation which, in the normal course of events reasonably to be expected, might
bring his personal interest into conflict with the impartial performance of his official duties. (Borre vs. Maya, G.R.
Adm. Matter No. 5 176-CFI Oct. 17, 1980, 100 SCRA 314).
XXX. 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. (1987 Bar Question)
SUGGESTED 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)
XXXI. 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?
SUGGESTED 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 Macariola 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.
XXXII. 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 prosecution’s arguments, and ordering the defendant’s 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. (1987 Bar Question)
SUGGESTED 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).
5. Equality
6. Competence and diligence
I. 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%) (2009 Bar Question)
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 Court’s permission for such
exemption. He cannot simply excuse himself, like respondent judge, from complying with the requirement.
II. 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. (1996 Bar
Question)
SUGGESTED ANSWER:
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.
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.
III. 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. (1987 Bar Question)

SUGGESTED 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).
C. Discipline of members of the Judiciary
I. May a judge be held liable on the basis of res ipsa loquitur? Explain. (2003 Bar Question)
SUGGESTED ANSWER:
“There is no question that the principle of res ipsa loquitur had been applied to judges. Under this 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).
II.
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? (1996 Bar Question)
SUGGESTED 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.
III. 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. (1988 Bar Question)

SUGGESTED ANSWER:
In on view, there is a basis for the reaction against the res ipsa loquitur rule on removing judges. According
to the position taken by the Philippine Bar Association. The res ipsa loquitur rule might violate the principle of due
process, that is, the right to be heard before one is condemned
Moreover, Rule 140 of the Rules of Court provides for the procedure for the removal of judges. Upon
service of the complaint against him, he is entitled to file his answer. If the answer merits a hearing, it is referred to
a justice of the Court of Appeals for investigation, the report of the investigation is submitted to the Supreme Court
for proper disposition.
The danger in applying the res ipsa loquitur rule is that the judge may have committed only an error of
judgment. His outright dismissal does violence to the jurisprudence set In Re Horilleno, 43 Phil. 212.
The other view taken by the Supreme Court is that the lawyer or a judge can be suspended or dismissed
based in his activities or decision, as long as he has been given an opportunity to explain his side. No investigation
is necessary.
IV. 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?
What are these acts of malfeasance or misfeasance in office? State the nature of the judge’s liability.
(1988 Bar Question)
SUGGESTED ANSWER:
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.
1. Members of the Supreme Court
a) Impeachment
b) Ethical Lessons from Former Chief Justice Corona’s Impeachment
2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule 140)
I. 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%) (2009 Bar Question)
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.
II. Multiple choice. Choose the correct answer. Write the letter corresponding to your answer.
x x x
(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%) (2005 Bar Question)
SUGGESTED ANSWER:
The following statement is false: (b).
III. 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%) (2004 Bar Question)
SUGGESTED ANSWER:
Atty. Jarazo’s 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.
IV. Judge C was appointed MTC Judge in 1993. Subsequently, 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%] (1998 Bar Question)
SUGGESTED 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).
V. 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.
x x x
(B) Is he liable for disciplinary action? For what? (1991 Bar Question)
SUGGESTED ANSWER:
The Judge can be liable for disciplinary action for violations of the Code of Judicial Ethics.
VI. 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? (1991 Bar Question)
SUGGESTED 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.
VII. 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. (1991 Bar Question)
SUGGESTED 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).
VIII. 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. (1989 Bar Question)
SUGGESTED ANSWER:
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.
3. Grounds
I. Judge C was appointed MTC Judge in 1993. Subsequently, 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%] (1998 Bar Question)
SUGGESTED 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).
4. Impeachment (ethical aspects)
5. Sanctions imposed by the Supreme Court on erring members of the Judiciary

D. Disqualification of Justices and Judges (Rule 137)
I. 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%) (2008
Bar Question)
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.
II. 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%) (1999 Bar Question)
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.
III. 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%) (1998 Bar Question)
SUGGESTED 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).
IV. 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 Q’s denial of the motion for inhibition well
founded? (1997 Bar Question)
SUGGESTED 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 SCRA 630). 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. BLT Bus 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.
V. 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. (1996 Bar Question)
SUGGESTED ANSWER:
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.
VI. 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 plaintiff’s counsel.
If you were the judge, how would you rule on the Motion? (1994 Bar Question)
SUGGESTED 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 people’s 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.
VII. What rule should guide a Judge in determining whether he should not voluntarily inhibit himself in a
case pending before him? (1991 Bar Question)
SUGGESTED 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, he 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."
VIII.
(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? (1989 Bar Question)
SUGGESTED 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 one’s 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.
IX. 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.
(1989 Bar Question)
SUGGESTED 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 people’s faith in the courts of justice is not impaired.
X.
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. (1988 Bar Question)
SUGGESTED 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 people’s 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.
1. Compulsory
2. Voluntary
E. Powers and Duties of Courts and Judicial Officers (Rule 135)
I. 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 court’s order, claiming that it
was violative of their client’s 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%) (2004 Bar Question)
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%) (2004 Bar
Question)
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. Aquino’s Libel Case", the Supreme Court ruled
that: -
“Considering the prejudice it poses to the defendant’s 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.”
F. Court Records and General Duties of Clerks and Stenographer (Rule 136)
G. Legal Fees (Rule 141)
1. Manner of payment
2. Fees in lien
3. Persons authorized to collect legal fees
H. Costs
1. Recovery of costs (Rule 142)
a) Prevailing party
b) Dismissed appeal or action
c) Frivolous appeal
d) False allegations
e) Non-appearance of witness
LEGAL FORMS
I. Prepare the following:
A. Verification and Certification against Forum Shopping. (5%) (2010 Bar Question)
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 or filed a 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%) (2010 Bar Question)
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 doctor’s 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. 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%) (2010 Bar Question)
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)
III.
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%) (2010 Bar Question)
SUGGESTED ANSWER:
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’ clock 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%) (2010 Bar Question)
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%) (2010 Bar Question)
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 court’s 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)
IV. 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 attorney’s fees in the amount of P75,000.00 and a fee of P3,000.00
for every appearance in court.
As Sison’s lawyer, prepare the complaint that you will file in court against Juan Jamiro. (10%) (2009
Bar Question)
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 defendant’s failure to pay plaintiff’s 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 attorney’s 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 attorney’s fees.
Plaintiff prays for such other and further relief as may be just or equitable under the premises.
ATTY. _________________
Counsel for the Plaintiff
(address)
Attorney’s 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
V. Given the same facts in No. IX above, assume that summons had been served on Jamero, but no
responsive pleading was filed within the reglementary period.
Prepare a motion to declare Jamero in default. (4%) (2009 Bar Question)
SUGGESTED ANSWER:

MANILA
ALEXANDER SISON
Plaintiff,
- Versus - CIVIL CASE NO.
____________________
JUAN JAMIRO,
Defendant.
x------------------------------x
MOTION TO DECALRE IN DEFAULT
PLAINTIFF, through undersigned counsel, through this Honorable Court respectfully alleges:
1. That on September _____, 2009, defendant was served with summons and a copy of the Complaint;
2. That the reglementary 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)
Attorney’s 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. ___________________
VI. 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%) (2009 Bar Question)
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 Driver’s 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
(Attorney’s Roll No.)
(Commission No.)
(IBP Membership No.)
(PTRO.R. No.)
(Email Address)
Doc. No. _______

Page No. ______
Book No. ______
Series of 2009.
VII. From the affidavits and the death certificate submitted during the preliminary investigation, the
following facts are established: At 6:00 o’clock in the evening of September 13, 2009, at the comer of
Dapitan and Dos Castillas Sts., Sampaloc, Manila, Edgar Bastonero, alias Bugoy, and Carlos Tirador,
alias Pogi, accosted Johnny Escolar, a student, and demanded the latter’s 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%) (2009 Bar Question)
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.
Assistant City Prosecutor
Witnesses:
Names Addresses
William Tan
Henry Uy
Dr. Jose Cabra
Bail Recommended: P100,000.00 for each accused.

VIII. 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%) (2008 Bar Question)
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%) (2008 Bar Question)
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 attorney’s 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)
IX. Draft a complete deed of donation of a piece of land in accordance with the form prescribed by the Civil
Code. (8%) (2008 Bar Question)
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 25 th
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 Driver’s 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.
X. 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. (2007 Bar Question)
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.
XI. Prepare an affidavit of merits to be attached to a Petition for Relief. (2007 Bar Question)
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)
Attorney’s Roll No. _____________
IBP Membership No. ___________
PTR O.R. No. ________, Manila,
Doc No. _______;

Page No. ______;
Book No. ______;
Series of 2007.
XII. Prepare an arbitration clause to be included in a contract. (2007 Bar Question)
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.
XIII. Draft an Affidavit of Desistance in a criminal case for acts of lasciviousness. (Exclude the jurat) 5%
(2006 Bar Question)
SUGGESTED ANSWER:

AFFIDAVIT OF DESISTANCE
I, __________________, of legal age, single and a resident of ___________ afterhaving 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)
XIV. Draft an Affidavit of Self-Adjudication of the estate of a deceased person. (Exclude the jurat) 5%
(2006 Bar Question)
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)
XV. Draft an Information charging Obet Buena with arson filed with the Regional Trial Court. Branch 10,
Manila. 10% (2006 Bar Question)
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
XVI. 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. Gerry 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%)
(2005 Bar Question)
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 (P1,000,000.00), my parcel of land with an area of
one thousand (1,000) square meters, located in Sampaloc, Manila, covered by Transfer Certificate of Title No.
12345 of the Register of Deeds of Manila, and which is more particularly described as follows:
and to execute and sign the corresponding deed of sale.

HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power and authority whatsoever
necessary, proper and convenient as fully to all intents and purposes as I might or could do if personally present,
and hereby confirming and ratifying all that my said 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
Attorney’s 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%) (2005 Bar Question)
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 described
as follows:
IN WITNESS WHEREOF, the parties hereto have signed these presents at Manila, this 26th day of
September, 2005.
GERRY CRUZ ANGELO SANTOS

Vendor 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
Attorney’s Roll No.
IBP Membership No.
PTR O.R. No. ________, Manila, 2005
Doc. No.
Page No.
Book No.
Series of 2005.
XVII. Draft a withdrawal of counsel without conformity of client. (6%) (2005 Bar Question)
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)
(Attorney’s 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)
XVIII. Draft a Notice of Appeal. (6%) (2005 Bar Question)
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, Attorney’s Roll no., top Membership no., PTR O.R. No.)
Copy Furnished:
Atty. Y
Address)
XIX. Draft a Certification of Non-Forum Shopping. (6%) (2005 Bar Question)
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)
XX.
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%) (2004 Bar Question)
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%) (2004 Bar
Question)
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
XXI.
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%) (2004 Bar Question)
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%) (2004 Bar Question)
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 ____________________
XXII.
(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 father 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. (2003 Bar
Question)
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 defendant’s unjustified failure to comply with plaintiff’s 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 attorney’s 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 attorney’s 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
Attorney’s 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 Secretary’s 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.
Makati City, September 28, 2003.
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
XXIII. 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%) (2002 Bar Question)
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 respectfully alleges:
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.)
XXIV. 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%) (2002 Bar Question)
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)
XXV. 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%)
(2002 Bar Question)
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.
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
XXVI. Draft a motion to disqualify the Judge from hearing your client's case (5%) (Do NOT use or sign your
real name.) (2001 Bar Question)
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 & 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
XXVII. 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). (2001 Bar Question)
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
XXVIII. 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). (2001 Bar Question)
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)
XXIX. 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). (2001 Bar Question)
SUGGESTED ANSWER:
National Capital Judicial Region
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)
XXX. 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 which 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%) (2000 Bar Question)
SUGGESTED ANSWER:

METROPOLITAN TRIAL COURT
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 attorney’s 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
REPUBLIC OF THE PHILIPPINES )

________________________________ )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.
XXXI. 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%) (2000 Bar Question)
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
of Y, 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.

Legal Ethics

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Legal Ethics

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LEGAL AND JUDICIAL ETHICS

2015 BAR EXAMINATIONS

II. JUDICIAL ETHICS

A. Practice of law (Rule 138)

The following need not be verified: (b), (d)

Would the case prosper? Explain. (5%) (2005 Bar Question)

ALTERNATIVE SUGGESTED ANSWER:

VII. Define legal ethics (1996 Bar Question)

IX. Define “Amicus Curiae.” (1993 Bar Question)

X. What do you understand by “practice of law"? (1993 Bar Question)

b) Profession, not business

1. The applicant must be a citizen of the Philippines.

Is the SEC correct? Discuss briefly. (1996 Bar Question)

May LEGALCARE be legally incorporated? Discuss fully. (1995 Bar Question)

a) Law student practice (Rule 138-A)

I. What is the student practice rule? (2%) (2009 Bar Question)

Is the Clerk of Court correct? (5%) (1999 Bar Question)

Are there exceptions to this rule? Explain. (1996 Bar Question)

c) Non-lawyers in administrative tribunals

d) Proceedings where lawyers are prohibited from appearing

The arguments of Atty. Hilado are not valid.

Section 90 (b) (2) of the Local Government Code provides:

Sec. 90. Practice of profession. - x x x

Rule on the motion with reasons. (1990 Bar Question)

4. Sanctions for practice or appearance without authority

a) Lawyers without authority

b) Persons not lawyers

5. Public officials and practice of law

a) Prohibition or disqualification of former government attorneys

b) Public officials who cannot practice law or with restrictions

Will the complaint prosper? Explain. (1996 Bar Question)

II. What are the duties of an attorney? (2007 Bar Question)

1. To maintain allegiance to the Republic of the Philippines;

In Section 20, Rule 138 of the Rules of Courts:

1. To maintain the allegiance to the Republic of the Philippines;

VII. What is the significance of lawyer's oath? (1996 Bar Question)

B. Duties and responsibilities of a lawyer

A. Is Atty. XX’s contention in order? Explain. (3%) (2010 Bar Question)

II. What are the duties of an attorney? (2007 Bar Question)

1. To maintain allegiance to the Republic of the Philippines;

In Section 20, Rule 138 of the Rules of Courts:

1. To maintain the allegiance to the Republic of the Philippines;

(1) The legal professional and the Integrated Bar?

(b) Under Section 20, Rule 138. it is the duty of an attorney:

1. To maintain allegiance to the Republic of the Philippines;

Is Atty. X’s contention tenable? (5%) (1999 Bar Question)

1) How would you advise your client to plead?

Can Prosecutor Bonifacio be sanctioned administratively? 5% (2006 Bar Question)

ANOTHER SUGGESTED ANSWER:

Is Atty. Coronel’s explanation tenable? 5% (2006 Bar Question)

a) Respect for law and legal processes

Atty. A cannot be disciplined for non-payment of debt.

a) What is the liability of Atty. Z. if any? Explain. (1996 Bar Question)

IX. Distinguish “Ambulance Chasing" from “Barratry." (1993 Bar Question)

Atty. EF is guilty of unprofessional conduct on two counts.

b) Efficient and convenient legal services

SUCH DIVORCE CASES, OBTAINABLE IN TWO WEEKS AND VALID WORLDWIDE,

Answer with reasons. (1987 Bar Question)

Rule on Attorney X’s contention. (2003 Bar Question)

Rule 3.02 of the Code of Professional Responsibility provides as follows:

V. A lawyer advertised in the newspaper the following:

Is the advertisement proper? (5%) (1998 Bar Question)