LEGAL ETHICS BAR QUESTIONS

1. Judge Ana P. Sevillano had an issue with the billings for the post-paid
cellular phone services of her 16-year-old daughter for the last three
consecutive months. Although Judge Sevillano had been repeatedly calling
the Customer Service Hotline of Universal Telecoms, the billings issue was
never fully settled to Judge Sevillano's satisfaction. Finally, Judge Sevillano
wrote the National Telecommunications Commission a letter of complaint
against Universal Telecoms, using her official court stationery and signing
the letter as "Judge Ana P. Sevillano." Did Judge Sevillano violate any
professional or ethical standard for judges? Justify your answer. (3%)
(2015)

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2. Atty. Belinda appeared as counsel for accused Popoy in a case being heard
before Judge Tadhana. After Popoy was arraigned, Atty. Belinda moved for
a resetting of the pre-trial conference. This visibly irked Judge Tadhana and
so before Atty. Belinda could finish her statement, Judge Tadhana cut her
off by saying that if she was not prepared to handle the case, then he could
easily assign a counsel de oficio for Popoy. Judge Tadhana also uttered that
Atty. Belinda was wasting the precious time of the court. Atty. Belinda tried
to explain that she was capable of handling the case but before she could
finish her explanation, Judge Tadhana again cut her off and accused her of
always making excuses for her incompetence. Judge Tadhana even declared
that he did not care if Atty. Belinda filed a thousand administrative cases
against him.

According to Atty. Belinda, Judge Tadhana had also humiliated her like that
in the past for the flimsiest of reasons. Even Atty. Belinda's clients were not
spared from Judge Tadhana's wrath as he often scolded witnesses who
failed to respond immediately to questions asked of them on the witness
stand.

Atty. Belinda filed an administrative case against Judge Tadhana. Do the

acts of Judge Tadhana as described above constitute a violation of the Code
of Judicial Conduct? Explain. (3%) (2015)

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3. Judge Junior attended the 50th birthday party of his fraternity brother,
Atty. Vera. Also present at the party was Atty. Rico who was Atty. Vera's
 classmate way back in high school and who was handling Civil Case No.
5555 currently pending before Judge Junior's court. Well-aware that Atty.
Rico had a case before his sala, Judge Junior still sat next to Atty. Rico at a
table, and the two conversed with each other, and ate and drank together
throughout the night. Since Atty. Vera was a well-known personality, his
birthday party was featured in a magazine. The opposing party to Atty.
Rico's client in Civil Case No. 5555, while flipping through the pages of the
magazine, came upon the pictures of Judge Junior and Atty. Rico together
at the party and used said pictures as bases for instituting an administrative
case against Judge Junior. Judge Junior, in his answer, reasoned that he
attended Atty. Vera's party in his private capacity, that he had no control
over who Atty. Vera invited to the party, and that he and Atty. Rico never
discussed Civil Case No. 5555 during the party. Did Judge Junior commit an
administrative infraction? Explain. (3%) (2015)

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4. An anonymous letter addressed to the Supreme Court was sent by

one Malcolm X, a concerned citizen, complaining against Judge Hambog,
Presiding Judge of the RTC of Mahangin City, Branch 7. Malcolm X reported
that Judge Hambog is acting arrogantly in court; using abusive and
inappropriate language; and embarrassing and insulting parties, witnesses,
and even lawyers appearing before him. Attached to the letter were pages
from transcripts of records in several cases heard before Judge Hambog,
with Judge Hambog's arrogant, abusive, inappropriate, embarrassing
and/or insulting remarks or comments highlighted.

a. Will the Court take cognizance of the letter-complaint even coming from
an anonymous source? Explain. (2%)

b. Describe briefly the procedure followed when giving due course to a

complaint against an RTC judge. (3%) (2015)

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5. State at least five (5) instances where judges should disqualify themselves
from participating in any proceedings where their impartiality might
reasonably be questioned. (5%) (2016)

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6. Constantino was accused of estafa by Hazel, the wife of Judge Andres, for
misappropriating the ring she entrusted to him. Since Judge Andres was
present when Hazel handed the ring to Constantino, he was compelled by
his wife to testify as a witness for the prosecution in the criminal case. Did
the judge commit any violation of the New Code of Judicial Conduct for the
Philippine Judiciary? Explain. (5%) (2016)

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7. Atty. Tristan filed a motion to disqualify Judge Robert from hearing a civil
case on the ground that the latter was the classmate and fraternity brother
of Atty. Mark, Atty. Tristan's opposing counsel. Judge Robert denied the
motion on the ground that under Rule 3.12 of the Code of Judicial Conduct,
he is not required to inhibit in all cases where his classmates and fraternity
brothers are participating lawyers in cases before him. Is Judge Robert
correct in denying the motion? (5%) (2016)

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8. Atty. Cornelio Carbon, 36 years of age, had always dreamed of becoming a

judge, and eventually, a justice, but his legal career took a different turn.
Upon graduation, he joined a government-owned financial institution
where he worked in the Loans and Claims Division. He also taught
Negotiable Instruments Law in a nearby law school at night. He has been
active in his IBP Chapter and other law organizations. However, in his 12
years of practice, he has never done trial or litigation work.

(a) ...xxx...

(b) Is Atty. Carbon qualified to become a Regional Trial Court Judge? (2.5%)
(2018)

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9. Judge Celso Camarin posted in the bulletin board of his sala for two weeks,
an advertisement which says: "Wanted attractive waitresses, personable
waiters and cooks who may be interested in applying for employment in my
family's restaurant business. Interested applicants may submit applications
 to Branch XXX, RTC of Camarines Sur." The screening of some applicants
was also conducted in the Judge's office.

What provisions, if any, of the Code of Judicial Conduct did Judge Camarin
violate? (2.5%) (2018)

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10.In a case pending before the Sandiganbayan, the Sandiganbayan justices

themselves actually took part in the questioning of a defense witness and
the accused. The records show that, while a witness was asked 16
questions on direct examination by the defense counsel and six (6)
questions by the prosecutor on cross-examination, one justice interjected a
total of 27 questions. After the defense opted not to conduct any re-direct
examination, another justice asked 10 more questions. With respect to one
of the accused, both justices asked a total of 67 questions after cross-
examination, and with respect to the other accused, a total of 41 questions
after cross-examination. More importantly, the questions of the justices
were in the nature of cross-examinations characteristic of confrontation,
probing, and insinuation.

Is this manner of questioning proper? (5%) (2018)

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11.Cacai asserted that the acts of Judge Conde were open displays of
insensitivity, impropriety, and lack of delicadeza bordering on oppressive
and abusive conduct. She also alleged that Judge Conde acted with
absolute disrespect for the Court and violated the "sub judice rule" when
he discussed the marriage scam involving her mother because, at that time,
the case was still pending.

In his defense, Judge Conde argued that the case he discussed in the school
convocation was already of public knowledge and had been published after
it had become final. He also said it was part of his academic freedom to
openly discuss and criticize a decision of the Court since it was already
decided with finality, was patently erroneous, and clearly a violation of the
Constitution. With respect to discussions in class about Cacai's mother, he
said that the marriage scam where her mother was charged scandalized the
Judiciary and became public knowledge when the Office of the Court
Administrator held a press conference on the matter and, that as a citizen,
he could comment thereon in the exercise of his rights to freedom of
 speech and expression. He also asserted that his discussions in both fora
could not be the subject of an administrative complaint because they were
not done in the performance of his judicial duties.

Rule on each of the charges raised by Cacai, and the corresponding

defenses raised by Judge Conde. (2.5% each) (2018)

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12.Pending resolution of a high-profile case against him, Justice K uttered, in a

public forum hosted by a local Integrated Bar of the Philippines chapter, his
comments on the perceived bias of the court against him, as well as on the
issues raised by the complainants, his defenses, and the commentaries
published by some local newsmen in relation to the case. This is only one
instance of his many appearances in different gatherings of such nature in
order to defend his public image.

(a) Did Justice K, in his capacity as a lawyer, commit any violation of the
Code of Professional Responsibility? If so, what rule did Justice K violate?
Explain. (3%)

(b) Arguing that he should be treated as any other ordinary litigant in the
said case, may Justice K validly claim that his comments were made in a
purely private capacity and hence, not subject to administrative sanction?
Explain. (3%) (2019)

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13.The Cultural Heritage Association of Manila filed an injunction case to stop

the construction of a 40-storey condominium building owned by XYZ Corp.,
a well-known real estate developer. Eventually, the injunction case was
dismissed with finality by Judge T, and an entry of judgment was issued.
Two (2) years later, Judge T bought condominium units in the same 40-
storey building owned by XYZ Corp.

Did Judge T commit an act of impropriety? Explain. (3%) (2019)

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14.Judge B and his family went on vacation in an island resort in Coron,
Palawan. One night, he was photographed by a local boatman who
witnessed him appearing very drunk and in the act of dancing naked by the
seashore. The photos were uploaded to a social media site and became
viral.

May Judge B be subjected to any disciplinary sanctions? Explain. (3%)

(2019)

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15.(a) Distinguish compulsory from voluntary inhibition of judges. (3%)

(b) State at least two (2) instances when a judge must compulsorily inhibit
from a case. (3%) (2019)

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16.While driving on his way to court, Judge D personally witnessed a vehicular

accident between a motorcycle and a car. Subsequently, a criminal case
arising from said accident was raffled to his court.

Should Judge D inhibit from this case? Explain. (3%) (2019)

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(Nothing follows)