LEGAL ETHICS MOCK BAR 2021

NALAW

1. In a complaint filed before the Integrated Bar of the Philippines (IBP)

against Atty. Cirilo Celis, a senior citizen, it was shown that: a) he failed
to pay  his IBP dues for six (6) years; b) he indicated uniformly in his
pleadings for three

 consecutive years “IBP Muntinlupa OR No. 12345” as proof of

payment of  his IBP fees; and c) he did not indicate any
Professional Tax Receipt number. to prove payment of his
professional dues.

In his defense, Atty. Celis alleged that he is only engaged in a “limited”

law practice, and his principal occupation, as disclosed in his income tax
return, is that of a farmer of a 30-hectare orchard and pineapple farm in
Camarines Sur. He also claimed that he believed in good faith that, as a
senior citizen, he was exempt from payment of taxes, such as income
tax, under Republic Act No.  7432 which grants senior citizens
“exemption from the payment of individual income taxes provided that
their annual taxable income does not exceed the poverty level as
determined by the NEDA for that year.”

As a member of the IBP Board of Governors, decide on the following:

 the validity of his claim that, being engaged in a limited

practice of law and being a senior citizen who is exempt from
the payment of taxes, he is not required to pay his IBP and
professional dues.

SUGGESTED ANSWER:

 In accordance with Sections 9 and 10, Rule 139-A, Atty.  Celis can
engage in the practice of law only by paying his IBP dues, and it
does not matter that his practice is “limited”. While it is true that
R.A. No. 7432, Sec. 4, grants senior citizen exemption from the
payment of individual income taxes provide that their annual
taxable income does not exceed the poverty level as determined by
the National Economic and Development Authority (NEDA) for that
year, the exemption does not include payment of membership or
association dues, which is not a tax (Santos, Jr. vs. Llamas, 322
SCRA 529 [2000]).
  the obligations, if any, under the Rules of Court and the Code of
Professional Responsibility that Atty. Celis may have violated.
(2.5%)

SUGGESTED ANSWER:

(b)  Canon 7, Code of Professional Responsibility – A lawyer shall at  all

times uphold the integrity and dignity of the legal profession and support
the activities of the integrated Bar.
Sec. 9, Rule 139 – A, Rules of Court.  “Every member of the Integrated
Bar shall pay such annual dues as the Board of Governors shall
determine with the approval of the Supreme Court.”
Sec. 10, Rule 139-A, Rules of Court – “Subject to the provision of Section
12 of this Rule, default in the payment of annual dues for six months
shall warrant suspension of members in the Integrated Bar, and default
in such payment for one year shall be a ground for removal of the name
of the delinquent member from the Roll of Attorneys.”

2. 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) Is Atty. Carbon engaged in the “practice of law”?

SUGGESTED ANSWER:

 Yes, he is engaged in the practice of law, which has been defined

as “any activity in or out of court which requires the application of
law, legal procedure, knowledge, training and experience”
(Cayetano v. Monsod, 201 SCRA 210 [1991]). Work in the
government that requires the use of legal knowledge is considered
practice of law (Lingan v. Calubaquib, 727 SCRA 355 [2014],
Fajardo v. Alvarez, A.C. No. 9018, April 20, 2016).  Lawyers who
teach law are considered engaged  in  the practice of law (Re: Letter
of the UP Law Faculty, A.M. No. 10-10-4-SC, March 8, 2011).

 Is Atty. Carbon qualified to become a Regional Trial Court Judge?

(2.5%)

SUGGESTED ANSWER:
 (b)      Yes, as long as he is a natural-born citizen of the Philippines, at
least 35 years of age, and has practiced law or held public office
requiring practice of law for at least 10 years. There is no requirement
that he should have done actual trial or litigation work.

3. Atty. Celso Casis’ relationship with Miss Cory Cerrada began when he
represented her in several criminal cases for estafa and violation of B.P.
22. His expertise and diligence in personally assisting and facilitating her
release on bail and other legal actions saved her from many legal
predicaments. Despite her  initial resistance, Miss Cerrada, convinced by
Atty. Casis’ sincerity and representation that he was separated from his
wife  and was taking necessary  steps for the annulment of his marriage,
began to live with him openly  as  husband and wife. One day, Atty.
Casis’ wife suddenly entered Miss Cerrada’s home and assaulted her,
inflicting injuries. Miss Cerrada then filed a complaint with the IBP
charging Atty. Casis with gross immorality and gross misconduct.
However, shortly afterwards, upon Atty. Casis’ pleas, Miss Cerrada filed
a  motion to withdraw the complaint. The IBP had required Atty. Casis to
file an answer but he did not do so, relying on Miss Cerrada’s withdrawal
of the complaint against him.

Can the IBP continue to investigate Atty. Casis and recommend the
imposition of sanctions against him, and for the Court to impose
sanctions, if warranted, notwithstanding Miss Cerrada’s filing of the
motion to withdraw the complaint against him?

SUGGESTED ANSWER:

Yes. The IBP can continue to investigate Atty. Casis. A disbarment

proceeding is sui generis, neither a civil or a criminal action. Not being 
a  civil action, the complainant is not a plaintiff nor the respondent  a 
defendant. It involves no private interest and affords no redress for
private grievances. A disciplinary action is in reality an investigation by
the court into the misconduct of its officer or an examination into his
character. Desistance or withdrawal of the disbarment case does not
exonerate the respondent. If the evidence on record warrants, the
respondent may be suspended or disbarred despite the deistance of the
complainant or his withdrawal of the charges (Rayos-Ombac v. Rayos,
285 SCRA 93[1998]).

4. From February to November 2004, Atty. Calumpang, in fraudulent

connivance with brokers, convinced Corinna to deliver to him advance
money   for the titling of a beachfront property in Caramoan. Six months
had elapsed and
 Atty. Calumpang had made absolutely no progress in the titling of the
land. He also could not return the advance money paid by Corinna
because he had converted the money to his personal use. After almost a
decade, and the property could still not be titled in Corinna’s name, she
filed an action with theCommission on Bar Discipline (CBD) in 2014 for
deceit, malpractice, and conduct unbecoming of a member of the Bar. In
his defense, Atty. Calumpang asserted that, since the acts complained of
took place more than 10 years ago, the case had already prescribed.

Rule on the defense of Atty. Calumpang. (5%)

SUGGESTED ANSWER:
A disbarment proceeding is imprescriptible. Unlike other proceedings, it is not
subject to the defense of prescription. The ordinary statutes of limitations have
no application to disbarment proceedings (Calo v. Degamo, 20 SCRA 1162
[1967], Frias v. Bautista-Lozada, 489 SCRA 349 [2006], Heck v.  Santos,  423
SCRA 329 [2004]).  However, an unexplained long delay in   the filing of an
administrative case creates suspicion on the motives of the complainant
(Salamanca v. Bautista, 8 SCRA 459 [1963], Valdez v. Valera, 81 SCRA 246
[2015]).

5. May a party appear as his own counsel in a criminal or in a civil case?

Explain.

6. What is the student practice rule?

7. State the duties of a lawyer imposed by the Lawyer's Oath.

8. Differentiate "retaining lien" from "charging lien."

9. Every new lawyer must be acquainted with the consequences of

noncompliance with the essential obligations attendant to the legal
profession. Among these obligations are compliance with the
requirements on Mandatory Continuing Legal Education (MCLE), and
payment of Integrated Bar of the Philippines (IBP) dues.

(a) What are the consequences of non-compliance with the

requirements on MCLE? (2.5%)
(b) What are the consequences of non-payment of IBP dues? 

10. A lawyer advertised in the newspaper the following:

"Expert in annulment of marriage. Fast and sure. Consult anytime."

Is the advertisement proper? Explain.