DR. V.

ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,

INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

BASIC LEGAL ETHICS

MIDTERM EXAMINATIONS
A.Y 2020-2021
2nd Semester

INSTRUCTIONS

1. This Questionnaire contains THIRTEEN (13) PAGES including this

page. Check the number of pages and their proper sequencing. You may
write notes on this Questionnaire.
2. Your answers should demonstrate your ability to analyze the facts,
apply the pertinent laws and jurisprudence, and arrive at sound and
logical conclusions.
3. Marking of your answer sheets or booklets with your name or other
identifying signs or symbols extraneous to the subject matter of the
questions may be considered as cheating and may disqualify you for the
whole examination.
4. You have two (2) hours to answer the exam.

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

I.
i. The Lawyer's Oath is a source of any lawyer's obligations and its
violation is a ground for the lawyer's suspension, disbarment, or
other disciplinary action.

Without stating your name and other circumstances that will

identify you, substantially write down the Lawyer's Oath that a
person who has passed the bar examinations is required to take and
subscribe to before the Supreme Court. (5%)

ii. What are the requirements for admission to the Bar under Rule
138 of the Rules of Court? (5%)

II.
Jan A. Go, a sophomore medical student at North East West University
was enjoying her chocolate drink outside the anatomy lab when the
Chairman of the College of Medicine, Atty. Roj G. Fernandez passed by
and saw her. When their eyes met, Atty. Roj’s heart pounded so fast he
thought he was going to have a heart attack. At that moment, he knew
that he was smitten. Soon thereafter, he made advances on Jan but the
campus golden girl turned him down.
Frustrated that he could not have her, he threatened her that she would
fail her Pathology class if she refused to date him in secret and submit to
his lustful desires. Fearing that she would lose her scholarship if she
failed a subject, she allowed Atty. Roj to have carnal knowledge of her on
several occasions until she got pregnant.

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

When she told the Chairman about her pregnancy, the latter forced her
to have an abortion because he is a married man with seven kids.
Consequently, Jan’s physical and mental health deteriorated until she
was compelled to drop out of school.
One day, she woke up with the resolve to file a disbarment case against
Atty. Roj who subsequently alleged that he does not have knowledge of
the allegations against him. He further claimed that what happened
between them is consensual and that Jan was aware that he is a married
man. He further contended that falling in love with a young woman and
getting her pregnant has nothing to do with his profession and as such,
he cannot be penalized for acts done by him in his private capacity and
not as a lawyer.
Atty. Roj G. Fernandez was subsequently disbarred, and his name was
stricken from the Roll of Attorneys.

i. What is a grossly immoral conduct? (2.5%)

ii. Cite the canon(s) / rule (s) of the Code of Professional
Responsibility violated by Atty. Roj, if any. Explain each. (5%)

III.
After five months of review in Manila, Fil P. Maco passed the bar exams
on May 03, 1985. Elated by the good news, he quickly phoned his
girlfriend, Atty. Juliet who was practicing in Tacloban City. Fil asked
Juliet if she could come to his oathtaking taking ceremony and the
signing of the Roll of Attorneys, but because of the latter’s very busy work
schedule as a private practitioner, she told Fil that she could not come.

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

Despite Juliet’s absence, Fil took the Attorney’s Oath at PICC. There, a
classmate from the province told him that because Juliet could no longer
bear the distance between her and Fil, she started seeing someone else
and was about to get married in five days. Upon hearing this, Fil took the
first flight back to Tacloban to win back the love of his life. His effort bore
fruit and instead of marrying her fiancé, Juliet married Fil instead.
Twelve kids and three grand-children later or in 2018, Fil saw from his
files a Notice to Sign the Roll of Attorneys given by the Office of the Bar
Confidant. It had been untouched since the year he passed the Bar exam.
He contemplated for a few minutes and realized that what he signed at
the PICC was merely an attendance record. Despite this, he continued to
render legal services to his clients. Haunted by the nagging feeling that
he should do something about what he discovered in 2018, he decided to
file a Petition with the Supreme Court praying that he be allowed to sign
the Roll of Attorneys in 2021.

i. Should his petition be allowed? (5%)

ii. Did he engage in unauthorized practice of law? (3%)

IV.
A.
Atty. Alvie 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,
Kristoff and Sybil, a friend who are both non-lawyers as her senior
partners in light of their investments in the firm. She allowed her

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

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. Alvie violate the Code of Professional Responsibility? Explain.
(2.5%)

B.
An administrative complaint for disbarment was filed against Atty. Anna
for allegedly carrying an immoral relationship with Alfred, husband of
complainant Cristine. Atty. Anna contended that her relationship with
Alfred was licit because they were married. When she discovered Alfred’s
true civil status, she cut all of her ties with him. Is Atty. Anna guilty of
committing gross immoral conduct warranting her disbarment? (2.5%)

C.
During a mock trial for Practice Court, Atty. Charmaine D. Castillo,
decided to go to the adjunct room where the handling faculty observes the
whole class. When she was about to open the door to the room, she saw
Atty. Markrey Es stabbing the head security of the campus, named Big
Boy Dennis. In an unexpected turn of events and despite Atty.
Charmaine’s statement of what she saw, it was Atty. Christian Bautista,
her best friend who got indicted for the murder of Big Boy Dennis. All
pieces of evidence recovered in the crime scene pointed to him as well.
Because of the great bond between the two, Atty. Charmaine decided to
handle Atty. Christian’s case. During trial, Atty. Charmaine was about
to testify for the defense as the only eyewitness. The prosecutor
immediately objected and invoked the CPR saying that a lawyer should
avoid testifying on behalf of his client. Should the judge sustain the
objection? (2.5%)

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

V.
A.
Atty. Jovany D. Mayo is a member of the Philippine Bar, having passed
the 2000 Bar Exams with a grade of 88.8%. He took his oath on July 23,
2000 and signed the roll of attorneys on July 25, 2000. He has been
paying his IBP dues and his professional license fees as a lawyer since
his admission to the legal profession.
After graduating from DVOREF College of Law, and having hurdled the
bar, Atty. Mayo worked in the law office of his father for two years and
thereafter, joined the World Bank Group in South Korea and Japan as
an operations officer which involved getting acquainted with laws of
member countries, negotiating loans and coordinating legal, economic,
and project work of the Bank. In 2005, he returned to the Philippines and
served as Chief Executive Officer of a business. In subsequent years, he
rendered services to various companies as a legal and economic
consultant or Chief Executive Officer.
In 2021, Atty. Mayo’s former classmate in the College of Law and now
President of the Philippines, Dennis Tabril, nominated him to the
position of Chairman of the COMELEC. One Atty. Vivori Jose who turns
out to be Atty. Mayo’s bitter ex-girlfriend, vehemently opposed the
nomination based on the allegation that he does not possess the required
qualification of having been engaged in the practice of law for at least ten
(10) years. She further claimed that Atty. Mayo engaged in litigation
work for only two years. Thus, he fell short of the ten (10) years of law
practice required by the Constitution. This notwithstanding, the
Commission on Appointments confirmed the nomination.
Aggrieved, Atty. Vivori Jose filed a petition for Certiorari and Prohibition
before the Supreme Court, praying that the confirmation and
appointment be declared null and void. In his Comment, Atty. Mayo
insisted that he possesses the qualifications for Chairman of the
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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

COMELEC and that it is a settled rule in Legal Ethics that the practice
of law is not limited to litigation work only. Is the contention of Atty.
Vivori Jose correct? (5%)

B.
After passing the Philippine Bar in 1986, Atty. Ray Mund 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,
he 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. Ray
Mund’s naturalization papers with consular authentication, filed with
the Supreme Court an anonymous complaint against him for illegal
practice of law.
Is Atty. Ray Mund entitled to resume the practice of law? Explain. (3%)

VI.
Voltaire, a paralegal in a law firm, had a long-time crush on Grace Anne,
his classmate way back in College. One day, when the two accidentally
met at Bo’s Coffee, Grace Anne confided that she is involved in a property
dispute. Impelled by the urge to impress his crush, Voltaire volunteered
to help her out, representing that he is the best paralegal in the best law
firm in the city. Days later, the two met again to discuss the case.

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

Voltaire gave legal advice and prepared a complaint for Forcible Entry
which Grace Anne immediately filed under her signature with the MTCC
of Tacloban.
When Paul, Voltaire’s archnemesis and counsel for the defendant,
learned of it, he told him to desist from practicing law. But Voltaire
disputed this, claiming that he had not practiced law since he did not
receive any monetary compensation from Grace Anne for his help. He
further claimed that he did not represent himself to be in active practice
and in fact, told Grace Anne over and over again that he is still a
paralegal.
i. Is Voltaire correct? (5%)
ii. What are the criteria in determining whether a person is engaged
in the practice of law? (5%)

VII.
Paul V. Llena disclosed in his petition to take the 2013 Bar examinations
that there were two civil cases pending against him for nullification of
contract and damages. He was conditionally allowed to take the bar, and
subsequently placed second in the said exams. In 2015, after the two civil
cases had been resolved, Paul V. Llena 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 Paul V. Llena 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 B.P. 22; the other letter alleged that
Paul V. Llena as Sangguniang Kabataan Chairperson, had been signing
the attendance sheets of SK meetings as “Atty. Paul V. Llena.”

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

i. Having passed the Bar, can he already use the appellation

“attorney”? Explain your answer. (5%)
ii. Assuming that Paul V. Llena is authorized to practice law and
was subsequently elected as a member of the Sangguniang
Lungsod of Tacloban, can he represent an employee of the city
government charged for the murder of his officemate? (3%)
iii. Suppose Paul V. Llena was elected as Senator of the
Philippines. May he sign pleadings for the clients of the law
firm in which he is a partner? (2%)

VIII.

When COVID-19 struck the country, Atty. Nicolas T. Urlao’s decided to

roam around the city as he didn’t have much work to do in his law office
due to the lockdowns imposed all over the region. When he was passing
by Maharlika Highway near the Bypass road, he witnessed a black
Toyota Fortuner collide with a white Montero Sport. He decided to
immediately call TACRU so that the passengers of the vehicle may
immediately be brought to the nearest hospital.

Atty. Nicolas followed the ambulance to EVRMC where the victims were
taken. When he went inside the emergency room, he saw the mother of
one of the victims crying in the corner. He approached the poor woman
and told her that she should immediately file a case against the negligent
driver of the black car and that he can file the appropriate case before the
day ends.

i. Is the act of Atty. Nicholas, ethical? Cite pertinent canons/rules

of the CPR. (5%)

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DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

ii. The victim’s mother intimidated to Atty. Nicolas that she does
not want to press charges against the driver of the black car who
happens to be her best friend. She said that nobody wanted
what happened and it was all just an accident. What is
important is that her daughter is in a stable condition.

Atty. Nicolas insisted that she files a case against the driver.
He told the woman that he witnessed the accident and that the
driver actually attempted to flee but was stopped by the people
who were in the area. The mother became furious and asked
Atty. Nicolas to make sure that the driver will rot in prison.
Did Atty. Nicholas violate the Code of Professional
Responsibility? (5%)

iii. If the victim was the girlfriend of Atty. Nicholas, will your
answer be the same? (5%)

iv. What is ambulance chasing? (2%)

v. What is barratry? (2%)

vi. On his way out of the hospital, Atty. Nicholas bumped into a
well-known media man named Raffeh Tulpo. He told him that
he witnessed an accident near the Bypass road and that he was
there to help the victims press charges against the negligent
driver. Sensing that Tulpo has been in the hospital for quite
some time, he gave him P1,000.00 for a meal and asked him to
recommend him to people in need of legal services. Is the act of
Atty. Nicholas ethical? (5%)

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

IX.

A.

Doña Norvelyna, a renowned contractor came to your office and asked for
advice regarding a criminal case filed against her. After a perusal of the
records of the criminal case, you found out that Atty. Raymundito,
counsel for Doña Norvelyna, had been negligent in defending the accused.
He failed to show up during the scheduled hearings; filed pleadings that
are haphazardly done and lacks legal support; and lost the original copy
of an important piece of evidence which, if presented, would most likely
clear the name of Doña Norvelyna.

On the next setting of the case, you entered your appearance for the
accused despite the presence of Atty. Raymundito, who was surprised to
see you there. He manifested in court that as far as he knows, he is still
the counsel of record and Doña Norvelyna never informed him that she
is engaging the services of another lawyer. Are you liable for any violation
of the Code of Professional Responsibility? (5%)

B.

You are representing Doña Norvelyna in a civil case she instituted

against a lawyer named Matthew Enzo. When the case was called next,
Atty. Matthew Enzo, the defendant came in the courtroom with his
lawyer, Atty. Rod A. Baigar. Before you could enter your appearance for
the plaintiff, Atty. Rod entered his appearance and Atty. Matthew
immediately told the court that the suit against him damaged his means
of livelihood and is a form of harassment. When you tried to butt in, Atty.
Matthew immediately cut you off. The defendant kept talking for about
three minutes and subsequently, Atty. Rod told the court that they are

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

not ready for Pre-Trial which is the supposed setting for that particular
case. They claimed that neither of them was able to prepare the
defendant’s Pre-Trial brief since both of them just got out of quarantine
a day before. You objected and told the court that the Pre-Trial has been
deferred a couple of times already and it was always because of the
defendants. Atty. Matthew kept pacing back and forth and requested for
the stenographic notes for a possible disbarment case. The pre-trial was
deferred to a later date and on his way out of the courtroom, he
approached you and Doña Norvelyna, saying, “Mga putangina ninyo.
May araw din kayo sa akin.”

Is Atty. Matthew liable for any violation of the Code of Professional

Responsibility? (5%)

X.
A.
Atty. Mariella represented Matty in a collection suit against the
Philippine Charity Sweepstakes Office (PCSO). After her election as
Sangguniang Bayan member, the court rendered a decision in PCSO’s
favor. Still, Atty. Mariella appeared for Matty in the latter’s appeal,
prompting the PCSO to question her right to do so. In response, Atty.
Mariella claimed that the local government code authorizes her to
practice law as long it does not conflict with her duties. Is Atty. Mariella,
correct? Explain. (2.5%)

B.
Atty. Dulce writes a regular column in a newspaper of general circulation
and articles on unforgettable legal stories in a leading magazine. Her by-

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 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

line always includes the name of her firm where she is named a partner.
Would you consider this improper advertising? Explain. (2.5%)

***NOTHING FOLLOWS***

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