Ethics Quamto

University
of Santo Tomas
Faculty of Civil Law

LEGAL AND
JUDICIALETHICS

Questions Asked More Than Once
QuAMTO 2021

QuAMTO is a compilation of past bar questions with answers as suggested by the UPLC and other
distinct luminaries in the academe, and updated by the UST Academics Committee to fit for the
2021 Bar Exams.

Bar questions are arranged per topic in accordance with the bar syllabus released by the Supreme
Court and were selected based on their occurrence on past bar examinations from 1987 to 2019.

ACADEMICS COMMITTEE

MARIA FRANCES FAYE R. GUTIERREZ SECRETARY GENERAL

JOHN EDWARD F. FRONDA
ANGEL ISAH M. ROMERO
KIRBY ANNE C. RENIA EXECUTIVE COMMITTEE
KAREN ABBIE C. ASPIRAS
JOSE CHRISTIAN ANTHONY I. PINZON
NATHAN RAPHAEL D.L. AGUSTIN

MARIA FRANCES FAYE R. GUTIERREZ LAYOUT AND DESIGN

QuAMTO COMMITTEE MEMBERS

HANNAH CAMILLE N. LACAP
HANNAH MAE MEDES
ALEXANDRA NICOLE SUGAY
ANDREA CABATU
DANICE GAN

ATTY. EMMA RUBY J. AGUILAR
ATTY. AL CONRAD B. ESPALDON
ADVISERS

OUR DEEPEST APPRECIATION TO OUR

MENTORS AND INSPIRATION

JUDGE OSCAR B. PIMENTEL ATTY. ISAIAH O. ASUNCION III

JUDGE PHILIP A. AGUINALDO JUDGE PEDRO T. DABU, JR.

JUSTICE AMY L. JAVIER ATTY. FERDINAND JOSEPH
DECHAVEZ
JUSTICE MYRA G. FERNANDEZ
JUDGE EDGARDO BELLOSILLO
ATTY. ELGIN MICHAEL C. PEREZ
JUDGE MADONNA C. ECHIVERRI
ATTY. ARNOLD E. CACHO
DEAN RODEL A. TATON
JUDGE NOLI C. DIAZ
ATTY. JAY-R C. IPAC
JUSTICE GEORGINA D. HIDALGO
ATTY. ARSENIK PAGADUAN
DEAN JOSE I. DELA RAMA, JR.
ATTY. GLEN R. LUANSING
ATTY. EMMA RUBY J. AGUILAR
DEAN GEZZEZ GIEZI G. GRANADO
ATTY. MARIAN JOANNE K. CO-
PUA JUDGE JESUSA LAPUZ-GAUDIANO

JUDGE KATLYN ANNE AGUILAR- JUDGE EMILY CYNTHIA WEE
BILGERA
ATTY. LOURDES ANIFEL CASPE
ATTY. BENIGNO G. PAR, JR.
JUDGE LEILANI MARIE D.
GRIMARES

For being our guideposts in understanding
the intricate sphere of Legal and Judicial Ethics.
-Academics Committee 2021

QuAMTO (1987-2019)
Q: Evelyn, Luisa. Myra, Josefina, Pamela and
LEGAL AND JUDICIAL ETHICS QUAMTO Rose are bona fide members of the Philippine
bar. They agree to form a close corporation to
be named LEGALCARE the principal purpose of
LEGAL ETHICS which is “to provide clients legal services,
research and advice as well as trial advocacy for
Q: What do you understand by Legal Ethics? a fee." The services shall be rendered not only
Discuss its importance and state its sources. by these enterprising pioneers of LEGALCARE
but also by lawyers to be employed by the
A: Legal ethics is that branch of moral science projected corporation on a regular monthly
which treats of the duties that an attorney owes to salary basis.
the court, to his client, to his colleagues, in the
profession, and to society. May LEGALCARE be legally incorporated?
Discuss fully. (1995 BAR)
The sources of legal ethics are the Constitution, the
Rules of Court, some particular provisions of A: A corporation cannot engage in the practice of
statutes, the Code of Professional Responsibility law even by hiring lawyers to perform legal work.
and Judicial decisions. It has been held that only a natural person can
engage in the practice of law. A lawyer is burdened
Legal ethics is important in order to maintain a high with peculiar duties and responsibilities. A
moral standard for the lawyer in performing his corporation cannot take an oath of office, be an
duties as an officer of the court, his duties to his officer of the court or subjected to court discipline:
client, to the members of the legal profession as it cannot engage in law practice directly, it cannot
well as to society. Lawyers wield so much power evade the requirements by employing competent
and influence in society. Unless their acts are lawyers to practice for it (Matter of Cooperative Law
regulated by high norms of ethical conduct, they are Co., N.Y. 579). Hence, LEGALCARE cannot be legally
likely to abuse them. incorporated because the principal purpose
__________________________________________________________ involves the practice of law.

PRACTICE OF LAW (RULE 138) Practice of law is a privilege, not a right
_________________________________________________________
Q: Is the practice of law a right or a privilege?
Definition of the practice of law
Discuss fully. (1995 BAR)

Q: Atty. Yabang was suspended as a member of
A: The practice of law is basically a privilege
the Bar for a period of one (1) year. During the
because it is limited to persons of good moral
period of suspension, he was permitted by his
character with special qualifications duly
law firm to continue working in their office,
ascertained and certified (5 Am. Jur. 270). Thus,
drafting and preparing pleadings and other
only those persons are allowed to practice law, who
legal documents, but was not allowed to come
by reason of attainments previously acquired
into direct contact with the firms’ clients. Atty.
through education and study, have been recognized
Yabang was subsequently sued for illegal
by the courts as possessing profound knowledge of
practice of law. Would the case prosper?
legal science. Attorneys are the court’s
Explain. (2005 BAR)
constituency - to aid it in the administration of

justice. (Dodge v. State, 38 NE 745)
A: The Supreme Court has defined the practice of

law as any activity in or out of court, which requires
Law as a profession, not a business or trade
the application of law, legal principle, practice or

procedure and calls for legal knowledge, training
Q: You are the managing partner of a law firm. A
and experience (Cayetano vs. Monsod, 201 SCRA 210
new foreign airline company, recently granted
[1991]). Based on this definition, the acts of Atty.
rights by the Civil Aeronautics Board at the
Yabang of preparing pleadings and other legal
NAIA, is scouting for a law firm which could
documents would constitute practice of law. More
handle its cases in the Philippines and provide
so, if his activities are for the benefit of his law firm,
legal services to the company and its personnel.
because the employment of a law firm is the
After discussing with you the extent of the legal
employment of all the members thereof. The case
services your law firm is prepared to render,
against him will prosper.
the general manager gives you a letter-proposal

from another law firm in which its time-billing
ALTERNATIVE ANSWER:
rates and professional fees for various legal

services are indicated. You are asked to submit
The traditional concept of practice of law requires
a similar letter-proposal stating your firm's
the existence of a lawyer-client relationship as a
proposed fees.
requisite. Pursuant to this concept, inasmuch as

Atty. Yabang was not allowed by his law firm to
The airline company's general manager also
come into direct contact with the firm’s clients
tells you that, if your proposed fees would at
during the period of his suspension, he cannot be
least be 25 per cent lower than those proposed
considered as having engaged in illegal practice of
by the other firm, you will get the company's
law. The case against him will not prosper.
legal business. How would you react to the

1
U N I V E R S I T Y O F S A N T O T O M A S U S T
2 0 2 1 A C A D E M I C S C O M M I T T E E B A R O P E R A T I O N S

Legal and Judicial Ethics
suggestion? (1997 BAR) advertisement because they are likely to create an
unjustified expectation about the results the lawyer
A: I will emphasize to the General Manager that the can achieve or implies that the lawyer can achieve
practice of law is a profession and not a trade. results by improper means. (ABA Model Rule 7.1.b)
Consequently, I will not propose a lower fee just for
the sake of competing with another firm. Because Q: Cite some of the characteristics of the legal
such practice smacks of commercialism. Moreover, profession which distinguish it from business.
Rule 2. 04 of the Code of Professional Responsibility (2015 BAR)
provides that a lawyer shall not charge rates lower
than those customarily prescribed unless the A: The primary characteristics which distinguish
circumstances so warrant. I will charge fees that the legal profession from a business are:
will be reasonable under the circumstances.
1. a duty of public service of which emolument is
Q: As a new lawyer, Attorney Novato started a by-product and in which one may attain the
with a practice limited to small claims cases, highest eminence without making much
legal counseling, and notarization of money;
documents. He put up a solo practice law office 2. a relation as officer of the court to the
and was assisted by his wife who served as his administration of justice involving thorough
secretary/helper. He used a makeshift hut in a sincerity, integrity and reliability;
vacant lot near the local courts and a local 3. a relation to client in the highest degree
transport regulatory agency. With this strategic fiduciary;
location, he enjoyed heavy patronage assisting 4. A relation to colleagues characterized by
walk-in clients in the preparation and filing of candor, fairness and unwillingness to resort to
pleadings and in the preparation and current business methods of advertising and
notarization of contracts and documents, and encroachment on their, or dealing directly
charges a reasonable fee for the service. He with their clients. (In Re Sycip, 92 SCRA 1)
draws electric power from an extension wire
connected to an adjoining small restaurant. He Qualifications for admission to the Bar
put up a shingle that reads: “Atty. Novato,
Specialist in Small Claims, Fastest in Q: Upon learning from newspaper reports that
Notarization; the Be stand Cheapest in Copier bar candidate Vic Pugote passed the bar
Services.” examinations. Miss Adorable immediately
lodged a complaint with the Supreme Court,
Is Atty. Novato’s manner of carrying out his praying that Vic Pugote be disallowed from
professional practice –i.e., mixing business with taking the oath as a member of the Philippine
the practice of law, announcing his activities via Bar because he was maintaining illicit sexual
a shingle and locating his office as above- relations with several women other than his
described – in keeping with appropriate ethical lawfully wedded spouse. However, from
and professional practice? (2013 BAR) unexplained reasons, he succeeded to take his
oath as a lawyer. Later, when confronted with
A: NO. Atty. Novato’s manner of carrying out his Miss Adorable’s complaint formally, Pugote
professional practice is not in keeping with moved for its dismissal on the ground that it is
appropriate ethical and professional practice. He already moot and academic. Should Miss
has degraded the law profession, which may result Adorable’s complaint be dismissed or not?
to loss of respect to lawyers as a whole. Explain briefly. (2004 BAR)

The use of a makeshift hut standing alone would A: It should not be dismissed. Her charge involves
create the impression that the lawyer does not have a matter of good moral character which is not only
a permanent address which is required to be stated a requisite for admission to the Bar, but also a
in all pleadings he signs as well as required to be continuing condition for remaining a member of
shown in documents he notarizes. the Bar. As such, the admission of Vic Pugote to the
Bar does not render the question moot and
His shingle shows that he has considered the law academic.
profession as a business. He should have a separate
shingle for his copier services business. Q: Miguel Jactar, a fourth-year law student,
drove his vehicle recklessly and hit the rear
When he included in his shingle the phrases bumper of SimplicioMedroso’s vehicle. Instead
“Specialist in Small Claims” and “Fastest in of stopping, Jactar accelerated and sped away.
Notarization,”he has transgressed the rule that a Medroso pursued Jactar and caught up with
lawyer in making known his legal services shall use him at an intersection. In their confrontation,
only dignified information or statement of facts. Jactar dared Medroso to sue, bragged about his
(Code of Professional Responsibility, Canon 3) connections with the courts, and even uttered
veiled threats against Medroso. During the
So also the norm that a lawyer shall not use or police investigation that followed, Medroso
permit the use of any misleading, undignified, self- learned that Jactar was reviewing for the Bar
laudatory or unfair statement or claim regarding examinations.
his qualifications or legal services. (Ibid., Canon 3,
Under these facts, list and justify the potential
Rule 3.01)
objections that can be made against Jactar’s

admission to the practice of law. (2013 BAR)
The use of the phrases “Specialist in Small

Claims”and “Fastest in Notarization”is misleading

2
QuAMTO (1987-2019)
A: The potential objection that can be made against province, and the second was with Corinne in
Jactar’s admission to the practice of law is the Manila, with whom he had six (6) children. Both
absence of good moral character. (Rules of Court, women were unaware of Carlo’s marriage to the
Rule 138, Sec. 2) other.

Jactar’s bragging about his connection with the When Carlos entered law school, he met
courts and uttering veiled threats against Medroso Cristina, a classmate, to whom he confided his
are indications of his lack of good moral character. marital status. Not long after, Carlos and
His acts are contrary to justice, honesty, modesty or Cristina became involved in an extramarital
good morals (In Re Basa, 41 Phil. 276). He has acted affair, as a result of which Carlos left Corinne
in a manner that has violated the private and social and their children. During Carlos and Cristina’s
duties which a man owes to his fellowmen, or to senior year in law school, Consuelo passed
society in general, contrary to the accepted and away. After their admission to the bar, Atty.
customary rule of right and duty between man and Carlos and Atty. Cristina decided to get married
man. (Tak Ng v. Republic, G.R. No. L-13017, 106 Phil. in Hong Kong in a very private ceremony. When
730, December 23, 1959) Corinne learned of Carlos and Cristina’s
wedding in Hong Kong, she filed a disbarment
NOTE: Any answer which explains the nature of case against Atty. Carlos and Atty. Cristina on
absence of good moral character should be given the ground of gross immorality.
full credit.
Atty. Carlos and Atty. Cristina raised the defense
Q: Prior to his admission to the freshman year that the acts complained of took place before
in a reputable law school, bar examinee A was they were admitted to the bar. Rule. (2018 BAR)
charged before the Municipal Trial Court with
damage to property through reckless A: It is not important that the acts complained of
imprudence for accidentally sideswiping a were committed before they were admitted to the
parked jeepney. The case was amicably settled bar. The possession of good moral character is both
with A agreeing to pay the claim of the jeepney a condition precedent for admission to the bar and
owner for P1,000.00. In his application to take a continuing condition to remain a member of the
the 1997 Bar Examinations, A did not disclose legal profession. In the case of Garrido v. Garrido,
the above incident. Is he qualified to take the involving the same facts, the Supreme Court held as
Bar Examinations? (1997, 2005 BAR) follows:

A: Rule 7.01 of the Code of Professional “Admission to the bar does not preclude a
Responsibility provides that “a lawyer shall be subsequent judicial inquiry, upon proper
answerable for knowingly making a false statement complaint, into any question concerning the mental
or suppressing a material fact in connection with or moral fitness of the respondent before he
his application for admission to the bar”. In the case became a lawyer. Admission to the practice only
of In Re: Ramon Galang, 66 SCRA 245, the creates the rebuttable presumption that the
respondent repeatedly omitted to make mention of applicant has all the qualifications to become a
the fact that there was a pending criminal case for lawyer, this may be refuted by clear and convincing
slight physical injuries against him in all four (4) evidence to the contrary even after admission to
applications for admission to take the bar the Bar.” (A.C. No. 6593, February 4, 2010)
examinations. He was found to have fraudulently
concealed and withheld such fact from the Supreme APPEARANCE OF NON-LAWYERS
Court and committed perjury. The Supreme Court
cited the rule that “the concealment of an attorney Law student practice rule (Rule 188-A) and
in his application to take the bar examinations of Revised Law Student Practice Rule (A.M. No. 19-
the fact that he had been charged with, or indicted 03-24-SC)
for, an alleged crime, is a ground for revocation of
his license to practice law.” The Revised Rule is an amendment to the existing
provisions of Rule 138-A of the Rules of Court. A
A’s failure to disclose that he had been charged with salient feature of the Revised Rule is that a law
damage to property through reckless imprudence student must now be certified to be able to engage
in his application for admission to the bar in the limited practice of law.
examinations disqualifies him. It does not matter
that the offense charged does not involve moral NOTE: This rule shall take effect at the start of the
turpitude or has been amicably settled. When the Academic Year 2020-2021 following its publication
applicant concealed a charge of a crime against him in two (2) newspapers of general circulation.
but which crime does not involve moral turpitude,
this concealment nevertheless, will be taken Under Section 3 of the Revised Rule, a law student
against him. It is the fact of concealment and not the shall apply for and secure a Level 1 or 2
commission of the crime itself that makes him Certification, as the case may be, in order to be
morally unfit to become a lawyer. (In Re: Ramon permitted to engage in any of the activities under
Galang, A.C. No. 1163, August 29, 1975) the Clinical Legal Education Program of a law
school. The basic distinction between the two levels
Q: Carlos contracted two marriages: the first involve the minimum academic requirement the
was with Consuelo, whom he left in the law student has successfully completed: for Level 1
3

Certification – first-year law courses, while for Non-lawyers in courts
Level 2 Certification – third-year law courses.
Q: Generally, only those who are members of
Q: Enumerate the instances when a law student the bar can appear in court. Are there
may appear in court as counsel for a litigant. exceptions to this rule? Explain (1996 BAR)
(2006 BAR)
A: A: The exceptions to the rule that only those who
are members of the bar can appear in court are the
a. Under the Student Practice Rule, a law student following:
who has successfully completed his third year
of the regular four-year prescribed law a. In the municipal trial court, a party may
curriculum and is enrolled in a recognized law conduct his litigation in person or with the aid
school’s clinical legal education program of an agent or friend (Sec. 34. Rule 138).
approved by the Supreme court, may appear b. In any other court, a party may conduct his
without compensation in any civil, criminal or litigation personally (Id.)
administrative case before any trial court, c. In criminal proceedings before a municipal
tribunal, board or officer, to represent indigent trial court in a locality where a duly licensed
clients accepted by the legal clinic of the law member of the bar is not available, the court
school, under the direct supervision and may in its discretion admit or assign a person,
control of a member of the Integrated Bar of resident of the province and of good repute
the Philippines if he appears in a Regional Trial for probity and ability, to aid the defendant in
Court, and without such supervision if he his defense, although the person so assigned
appears in an inferior court (Bar Matter 730, is not a duly authorized member of the bar
June 10, 1997); (Sec. 4. Rule 116).
b. When he appears as an agent or friend of a d. Any official or other person appointed or
litigant in an inferior court (Sec. 34, Rule 138, designated in accordance with law to appear
Revised Rules of Court); for the Government of the Philippines shall
c. When he is authorized by law to appear for the have all the rights of a duly authorized
Government of the Philippines (Sec. 33, Rule member of the bar to appear in any case in
138, Revised Rules of Court); which said government has an interest direct
d. In remote municipalities where members of or indirect (Sec. 33. Rule 138).
the bar are not available, the judge of an e. A senior law student who is enrolled in a
inferior court may appoint a non-lawyer who recognized law school’s clinical education
is a resident the province and of good repute program approved by the Supreme Court may
for probity and ability, to aid the defendant in appear before any court without
his defense (Sec. 4, Rule 116, Revised Rules of compensation to represent indigent clients
Court); accepted by the Legal Clinic of the law school
e. A law student may appear before the National (Rule 138-A).
Labor Relations Commission or any Labor f. Non-lawyers may appear before the NLRC or
Arbiter if (a) he represents himself, as a party any Labor Arbiter if they represent
to the case, (b) he represents an organization themselves or their labor organization or
or its members with written authorization members thereof (Art. 222, Labor Code).
from them, or (c) he is a duly-accredited a) Under the Cadastral Act, a non-lawyer can
member of any legal aid office duly recognized rep-resent a claimant before the Cadastral
by the Department of Justice or the Integrated Court (Sec. 9. Act. 2259).
Bar of the Philippines in cases referred to by
the latter (Art. 222, Labor Code; Kanlaon Q: A, a mere high school graduate, with the aid
Construction Enterprises Co., Inc. v. NLRC, 279 of a friend who is a college undergraduate,
SCRA 337 [1997]); and filed a complaint for recovery of a sum of
f. Under the Cadastral Act, a non-lawyer may money in the amount of Four Thousand (P4,
represent a claimant before the Cadastral 000.00) Pesos in the Metropolitan Trial Court
Court (Sec. 8, Act No.2250). of his town. The Clerk of Court told A that his
complaint might be dismissed for insufficiency
Q: What is the student practice rule? (2009 as to form because neither he nor his friend
BAR) who is assisting him is a lawyer. Is the Clerk of
Court, correct? (1999 BAR)
A: The Student Practice Rule (Rule 138-A) is the
Rule authorizing a law student who has A: The Clerk of Court is not correct. In the Justice
successfully completed his 3rd year of the regular of the Peace courts (now known as Municipal Trial
four-year prescribed law curriculum and is Court or Municipal Circuit Trial Courts or
enrolled in a recognized law school’s clinical legal Metropolitan Trial Court), a party may conduct his
education program approved by the Supreme litigation in person, with the aid of an agent or
Court, to appear without compensation in any civil, friend appointed by him for that purpose, or with
criminal or administrative case before any trial the aid of an attorney (Sec. 34, Rule 138, Rules of
court, tribunal or board or officer, to represent Court)
indigent clients accepted by the legal clinic of the
law school, under the direct supervision and Q: A, a law graduate but has not passed the bar
control of a member of the IBP accredited by the examination, filed a Complaint in the Regional
law school. 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

4
QuAMTO (1987-2019)
himself alone and without counsel to prosecute Atty. Fernandez from the practice of law for
his case. The defendant pointed out to the Court gross immorality. He asked the Municipal
that A was not a member of the bar and Circuit Trial Court Judge of his town if he can be
suggested that for his own protection, A should appointed counsel de officio for Tony, a
engage the services of a counsel duly accredited childhood friend who is accused of theft. The
as a member of the Bar. The Judge intimated his Judge refused because Atty. Fernandez’s name
willingness to reset the hearing of the case to appears in the Supreme Court’s List of
another day to enable plaintiff to engage the Suspended Lawyers. Atty. Fernandez then
services of counsel. Plaintiff replied he could inquired if he can appear as a friend for Tony to
manage to prosecute his own case, it being but defend him. If you were the judge, will you
a simple case for collection of sum of money. If authorize him to appear in your court as a
you were the Judge, will you allow A to continue friend for Tony?
prosecuting his case by himself alone? (1999
BAR) B. Supposing Tony is a defendant in a civil case
for collection of sum of money before the same
A: Section 34, Rule 138 of the Rules of Court court, can Atty. Fernandez appear for him to
provides that in a Regional Trial Court, a party may conduct his litigation? (2006 BAR)
conduct his litigation personally or by aid of an
attorney, and his appearance must be either A:
A. I will not authorize him to appear as a friend of
personal or by a duly authorized member of the
Tony. The accused in a criminal case is entitled
bar. Hence, if I were the Judge, I will allow A to
to be represented by legal counsel, and only a
continue prosecuting his case alone, but I will warn
lawyer can be appointed as counsel de officio.
him about the risks involved in his doing so
Although a municipal trial court may appoint a
because of his lack of knowledge of law and legal
person of good refute to aid the accused as
procedure.
counsel de officio in his defense, this is

applicable only where members of the bar are
ALTERNATIVE ANSWERS:
a. If I were the Judge, I will not allow A to not present (Sec. 4, Rule 116, Revised Rules of
prosecute his case. Although he is a law Court). Necessarily, the friend referred to one
who is not a lawyer. Atty. Fernandez is a lawyer
graduate, it does not appear that he is familiar
but under indefinite suspension. He should not
with procedural law, having filed the case with
be allowed to practice law even as a counsel de
the RTC which has no jurisdiction over the case
officio.
in view of the amount involved. The judge is

duty bound to see to it that there is no
B. Even if Tony is a defendant in a civil case, Atty.
miscarriage of justice.
b. No. I shall dismiss the case for lack of Fernandez cannot be allowed to appear for him
jurisdiction because the amount of P50.000.00 to conduct his litigation; otherwise, the judge
is within the jurisdictional ambit of the will be violating Canon 9 of the Code of
Municipal Trial Court. Consequently, A could Professional Responsibility which provides
that "a lawyer shall not, directly or indirectly,
not continue prosecuting the case.
assist in the unauthorized practice of law.

Non-lawyers in administrative tribunals
ALTERNATIVE ANSWERS TO 1 AND 2:
Q: Raul Catapang, a law graduate and vice-
YES, if Atty. Fernandez was appointed by Tony.
president for labor relations of XYZ Labor
Even if Atty. Fernandez was suspended indefinitely,
Union, entered his appearance as
he may appear as an. agent or friend of Tony, the
representative of a member of the union before
the Labor Arbiter in a case for illegal dismissal, party litigant in the Municipal Trial Court, if Tony
unpaid wages and overtime pay. Counsel for the appoints him to conduct his case. (Sec. 34, Rule 138,
Company objected to Raul’s appearance and Revised Rules of Court, Cantimbuhan v. Cruz, Jr., 126
moved for his disqualification on the ground SCRA 190 [1983])

that he is not a lawyer. If you were the Labor
Arbiter, how would you resolve the motion? Q: Atty. E entered his appearance as counsel for
Why? (2002 BAR) defendant F in a case pending before the
Regional Trial Court. F later complained that he
A: I will deny the motion to disqualify Raul. Article did not authorize Atty. E to appear for him. F
222 of the Labor Code authorizes non- lawyers to moved that the court suspend Atty. E from the
appear before the National Labor Relations practice of law. May the judge grant the motion?
Commission or any Labor Arbiter in representation Explain. (2000 BAR)
of their organization or members thereof.
A: The judge may grant the motion. Unauthorized
appearance is a ground for suspension or
SANCTIONS FOR PRACTICE OR disbarment (Sec. 27, Rule 138, Rules of Court)
APPEARANCE WITHOUT AUTHORITY
ALTERNATIVE ANSWER:
Lawyers without authority
It depends. A lawyer’s appearance for a party
Q: without the authority of the latter must be willful,
A. The Supreme Court suspended indefinitely
5

corrupt or contumacious in order that he may be BAR)
held administratively liable therefor. But if he has A: YES, his father-in-law may represent him in
acted in good faith, the complaint for suspension court. Under the Local Government Code (R.A.
will fail. (Garrido v. Qutsumbing, 28 SCRA 614, 1969) 7160), members of the Sanggunian may engage in
the practice of law, except in the following:
PUBLIC OFFICIALS AND
THE PRACTICE OF LAW 1. they shall not appear as counsel before any
court in any civil case wherein a local
Prohibition or disqualification of former government unit or any office, agency or
government attorneys instrumentality of the government is the
adverse party;
Q: Atty. Herminio de Pano is a former 2. they shall not appear as counsel in any criminal
Prosecutor of the City of Manila who case wherein an officer or employee of the
established his own law office after taking national or local government is accused of an
advantage of the Early Retirement Law. He was offense committed in relation to his office;
approached by Estrella Cabigao to act as private 3. they shall not collect any fee for their
prosecutor in an estafa case in which she is the appearance in administrative proceedings
complainant. It appears that said estafa case including the local government unit of which
was investigated by Atty. de Panowhen he was he is an official; and
still a Prosecutor. Should Atty. de Pano accept 4. they shall not use property and personnel of
employment as private prosecutor in said the Government except when the Sanggunian
estafa case? Explain. (1992 BAR) member concerned is defending the interests
of the government. In this case, the town
A: Atty. de Pano should not accept the employment mayor was indicted for homicide through
as private prosecutor as he will be violating Canon reckless imprudence, an offense that is not
6, Rule 6.03 of the Code of Professional related to his office.
Responsibility which provides that a lawyer shall
not, after leaving government service, accept Q: In a civil case before the Regional Trial Court
employment in connection with any matter in between Mercy Sanchez and Cora Delano,
which he had intervened while in said service. Sanchez engaged the services of the Reyes Cruz
& Santos Law Offices. Delano moved for the
Q: Lawyer U, a retired Tanodbayan prosecutor, disqualification of the Reyes Cruz & Santos Law
now in the private practice of law entered his Offices on the ground that Atty. Cruz is an
appearance for and in behalf of an accused in a incumbent senator. Rule on the motion with
case before the Sandiganbayan. The reasons. (1990 BAR)
prosecution moved for his disqualification on
the ground that he had earlier appeared for the A: As a judge, I will require that the name of Atty.
prosecution in the case and is knowledgeable Cruz, an incumbent Senator, be dropped from any
about the prosecution's evidence, both pleading filed in court or from any oral appearance
documentary and testimonial. U contended for the law firm by any other member of the law
that he merely appeared at the arraignment on firm, and should the law firm refuse, I will
behalf of the prosecutor assigned to the case disqualify the law firm. My reasons are as follows:
who was absent at the time. Decide. (1991 BAR)
Article VI, Sec. 14 of the 1987 Constitution provides
A: Lawyer U should be disqualified from entering that “no Senator or Member of the House of
his appearance in this case even only for Representatives may personally appear as counsel
arraignment of the accused. His appearance is before any court of Justice or before the Electoral
deemed to be appearing for conflicting interest. Tribunals, or quasi-judicial and other
administrative bodies." What is prohibited is
ALTERNATIVE ANSWER: personal appearance of the Senator Atty. Cruz, and
for as long as the Senator does not personally
Canon 36 provides that a lawyer, having once held appear in court for Mercy Sanchez, the prohibition
public office or having been in public employ, does not apply. Personal appearance includes not
should not, after his retirement, accept only arguing or attending a hearing of a case in
employment in connection with any matter he has court but also the signing of a pleading and filing it
investigated or passed upon while in such office or in court. Hence, the Senator should not allow his
employ. The contention of U that he merely name to appear in pleadings filed in court by itself
appeared at the arraignment on behalf of the or as part of a law firm name, such as Reyes Cruz
absent prosecutor, is not enough. As a former and Santos Law Offices, under the signature of
Tanod-bayan prosecutor, he certainly had occasion another lawyer in the law firm, nor should he allow
to obtain knowledge about the prosecution’s the firm name with his name therein to appear as
evidence. counsel through another lawyer, without
indirectly violating the constitutional restriction,
Public officials who cannot practice law or can because the signature of an agent amounts to a
practice law with restrictions signing by the Senator through another lawyer is in
effect his appearance, the office of attorney being
Q: A town mayor was indicted for homicide originally one of agency, and because the Senator
through reckless imprudence arising from a cannot do indirectly what the Constitution
vehicular accident. May his father-in-law who is prohibits directly.
a lawyer and a Sangguniang Panlalawigan
member represent him in court? Reason. (2000

6
QuAMTO (1987-2019)
The lawyer actually appearing for Mercy Sanchez role of the State’s lawyer in nullification of marriage
should drop the name of Atty. Cruz from any cases is that of protector of the institution of
pleading or from any oral appearance in court, marriage (Art 48, Family Code). “The task of
otherwise the law firm could be disqualified. protecting marriage as an inviolable social
Moreover, Rule 6.02 of the Code of Professional institution requires vigilant and zealous
Responsibility prohibits a lawyer in government participation and not mere pro forma compliance"
from using his public position to promote or (Malcampo-Sin v. Sin, 355 SCRA 285 [2001]). This
advance his private interests, and the Senator’s role could not be left to the- private counsels who
name appearing in pleadings or in appearances by have been engaged to protect the private interests
other lawyers in the law firm may be misconstrued of the parties.
as indirectly influencing the judge to decide the
case in favor of the law firm’s client, which can only LAWYER’S OATH
be avoided by dropping the name of the Senator
from the firm name whenever it appears in court. Q: The Lawyer’s Oath is a source of obligation
and its violation is a ground for suspension,
ALTERNATIVE ANSWERS: disbarment, or other disciplinary action. State
in substance the Lawyer’s Oath. (2018, 2015,
a. The motion to disqualify the Reyes Cruz and 2009 BAR)
Santos Law Offices may not prosper as Article
VI, Section 14 of the Constitution prohibits a A:
Senator or Member of the House of
Representatives to personally appear as “I,________________________________, having been
counsel in any court of justice. If Attorney Cruz permitted to continue in the practice of law in the
who is a Senator personally appears, he may Philippines, do solemnly swear that I recognize the
be disqualified. supreme authority of the Republic of the
b. I will deny the motion. The Constitution Philippines; I will support its Constitution and obey
prohibits personal appearance by a member the law as well as the legal orders of the duly
of Congress before the Courts but does not constituted authorities therein; I will do no
totally prohibit law practice. As long as the falsehood, nor consent to the doing of any in court;
Senator does not personally or physically I will not wittingly or willingly promote or sue any
appear in court, there is no disqualification. groundless, false or unlawful suit, nor give aid nor
consent to the same; I will delay no man for money
Lawyers who are authorized to represent or malice, and will conduct myself as a lawyer
government according to the best of my knowledge and
discretion with all good fidelity as well to the courts
Q: From the viewpoint of legal ethics, why as to my clients; and I impose upon myself this
should it be mandatory that the public voluntary obligation without any mental
prosecutor be present at the trial of a criminal reservation or purpose of evasion. So, help me
case despite the presence of a private God.”
prosecutor? (2001 BAR)
Q: Section 20, Rule 138 of the Rules of Court
A: The public prosecutor must be present at the enumerates nine (9) duties of attorneys. Give at
trial of the criminal case despite the presence of a least three (3) of them. (2000, 2007 BAR)
private prosecutor in order to see to it that the
interest of the State is well- guarded and protected, A: Under Section 20, Rule 138, it is the duty of an
should the private prosecutor be found lacking in attorney:
competence in prosecuting the case. Moreover, the
primary duty of a public prosecutor is not to convict 1. To maintain allegiance to the Republic of the
but to see to it that justice is done (Rule 6.01, Code Philippines;
of Professional Responsibility). A private prosecutor 2. To maintain the respect due to the courts of
would be naturally interested only in the conviction justice and judicial officers;
of the accused. 3. To counsel or maintain such actions or
proceedings only as appear to him to be just,
Q: Prosecutor Coronel entered his appearance and such defenses only as he believes to be
on behalf of the State before a Family Court in a honestly debatable under the law;
case for declaration of nullity of marriage, but 4. To employ, for the purpose of maintaining the
he failed to appear in all the subsequent causes confided to him such means only as are
proceedings. When required by the Department consistent with truth and honor, and never
of Justice to explain, he argued that the parties seek to mislead the judge or any Judicial
in the case were ably represented by their officer by an artifice or false statement of fact
respective counsels and that his time would be or law;
better employed in more substantial 5. To maintain inviolate the confidence, and at
prosecutorial functions, such as investigations, every peril to himself, to preserve the secret of
inquests and appearances in court hearings. Is his client, and to accept no compensation in
Atty. Coronel’s explanation tenable? (2017, connection with his client’s business except
2006 BAR) from him with his knowledge and approval;
6. To abstain from all offensive personality, and
A: Atty. Coronel’s explanation is not tenable. The to advance no fact prejudicial to the honor or
7

reputation of a party or witness, unless positions. The signatures of Atty. Doblar on the
required by the justice of the cause with which pleadings for Eva and for Marla, constitute a
he is charged; certificate by him that he has read the pleadings;
7. Not to encourage either the commencement or that to the best of his knowledge, information and
the continuance of an action or proceeding or belief there is good ground to support them; and
delay any man’s cause, from any corrupt that the pleadings were not interposed for delay
motive or interest; (Rules of Court, Rule 7, Sec. 3, 2nd par.)
8. Never to reject, for any consideration personal
to himself, the cause of the defenseless or Atty. Doblar could not claim he has complied with
oppressed; and the foregoing requirement because he could not
9. The defense of a person accused of crime, by take a stand for Eva that is contrary to that taken
all fair and honorable means, regardless of his for Marla. His theory for Eva clearly contradicts
personal opinion as to the guilt of the accused, his theory for Marla. He has violated his
to present every defense that the law permits, professional responsibility mandated under the
to the end that no person may be deprived of Rules of Court.
life or liberty, but by due process of law.
He has likewise violated the ethical responsibility
Q: State the duties of a lawyer imposed by the that his appearance in court should be deemed
Lawyer’s oath (2016 BAR) equivalent to an assertion on his honor that in his
opinion his client’s case is one proper for judicial
A: The following are the duties of a lawyer imposed determination (Canons of Professional Ethics,
by the lawyer’s oath: Canon 30, 2nd par., last sentence)

1. To maintain allegiance to the Republic of the In counseling on the contradictory positions, Atty.
Philippines; Doblar has likewise counseled or abetted activities
2. To support its Constitution; aimed at defiance of the law or at lessening
3. To obey the laws as well as the legal orders of confidence in the legal system (Code of Professional
the duly constituted authorities; Responsibility, Canon 1, Rule 1.02) because
4. To do no falsehood nor consent to the doing of conflicting opinions may result arising from an
the same in any court; interpretation of the same law.
5. Not to wittingly or willingly promote or sue
any groundless, false or unlawful suit nor to Atty. Doblar could not seek refuge under the
give nor to consent to the doing of the same; umbrella that what he has done was in protection
6. To delay no man for money or malice; of his clients. This is so because a lawyer’s duty is
7. To conduct himself as a lawyer according to not to his client but to the administration of justice.
the best of his knowledge and discretion, with To that end, his client’s success is wholly
all good fidelity to the courts as to his clients; subordinate. His conduct ought to and must always
and be scrupulously observant of the law and ethics
8. To impose upon himself that voluntary (Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211
obligation without any mental reservation or [1999], citing Maglasang v. People, G.R. No. 90083,
purpose of evasion. October 4, 1990)
_________________________________________________________
Any means, not honorable, fair and honest, which
The Code of Professional Responsibility is resorted to by the lawyer, even in the pursuit of
________________________________________________________ his devotion to his client’s cause, is condemnable
and unethical. (Ibid.)
TO SOCIETY (CANONS 1-6)
Q: Atty. Asilo, a lawyer and a notary public,
Q: Atty. Doblar represents Eva in a contract suit notarized a document already prepared by
against Olga. He is also defending Marla in a spouses Roger and Luisa when they
substantially identical contract suit filed by approached him. It is stated in the document to
Emma. In behalf of Eva, Atty. Doblar claims that Roger and Luisa formally agreed to live
the statute of limitations runs from the time of separately from each other and either one can
the breach of the contract. In the action against have a live-in partner with full consent of the
Marla, Atty. Doblar now argues the reverse other. What is the liability of Atty. Asilo, if any?
position – i.e. that the statute of limitation does (1998 BAR)
not run until one year after discovery of the
breach. A: Atty. Asilo may be held administratively liable
for violating Rule 1.02 of the Code of Professional
Both cases are assigned to Judge Elrey. Responsibility - a lawyer shall not counsel or abet
Although not the sole issue in the two cases, the activities aimed defiance of the law or at lessening
statute of limitations issue is critical in both. confidence in the leg system. An agreement
between two spouses to live separately from each
Is there an ethical/professional responsibility other and either one could have a live-in partner
problem in this situation? If a problem exists, with full consent of the other, is contrary to law and
what are its implications or potential morals. The r atification by a notary public who is
consequences? (2013 BAR) a lawyer of in illegal or immoral contract or
document constitutes malpractice or gross
A: Yes. There is an ethical/professional misconduct in office. He should at least refrain
responsibility problem that results from the from its consummation. (In Re Santiago, 70 Phil.
actuation of Atty. Doblar in arguing the reverse 661 Panganiban v. Borromeo; 58 Phil. 367, In re

8
QuAMTO (1987-2019)
Bucana, 72 SCRA 14) contains the lawyer’s law office and legal specialty,
even if his office is located in his friend’s store.
Q: Atty. XX rented a house of his cousin JJ on a What makes it more objectionable is the statement
month-to-months basis. He left for a 6- month of his supposed legal specialty. It is highly
study in Japan without paying his rentals and unethical for an attorney to advertise his talents or
electric bills while he was away despite JJ’s skill as a merchant.
repeated demands.
Q: A Justice of the Supreme Court, while reading
Upon his return to the Philippines, Atty. XX still a newspaper one weekend, saw the following
failed to settle his rental arrearages and advertisement:
electric bills, drawing JJ to file an
administrative complaint against Atty. XX. ANNULMENT OF
Atty. XX contended that his non-payment MARRIAGE
rentals and bills to his cousin is a personal Competent
matter which has no bearing on his profession Lawyer
as a lawyer and, therefore, he did not violate
Reasonable Fee
the Code of Professional Responsibility. Is Atty.
XX’s contention in order? Explain. (2010 BAR) Call 221-2221
The following session day, the Justice called the
attention of his colleagues and the Bar
A: NO. In a case involving the same facts, the Confidant was directed to verify the
Supreme Court held that having incurred just advertisement. It turned out that the number
debts, a lawyer has a moral duty and legal belongs to Attorney X, who was then directed to
responsibility to settle them when they become explain to the court why he should not be
due. “Verily, lawyers must at all times faithfully disciplinarily dealt with for the improper
perform their duties to society, to the bar, to the advertisement. Attorney X, in his answer,
court and to their clients. As part of their duties, averred that (1) the advertisement was not
they must promptly pay their financial improper because his name was not mentioned
obligations.” (Wilson Cham v. Atty. Eva Pata-Moya, in the ad; and (2) he could not be subjected to
556 SCRA 1, 2008) disciplinary action because there was no
complaint against him. Rule on Attorney X’s
True, honest, fair, dignified and objective contention. (2017, 2003, 1998 BAR)
information on legal services
A: The advertisement is improper because it is a
Q: A lone law practitioner Bartolome D. Carton, solicitation of legal business and is tantamount to
who inherited the law office from his deceased self-praise by claiming to be a “competent lawyer”.
father Antonio C. Carton, carries these The fact that his name is not mentioned does not
names:“Carton& Carton Law Office.” Is that make the advertisement proper. His identity can be
permissible or objectionable? Explain. (2001, easily determined by calling the telephone number
1996, 1994 BAR) stated. In the case of Ulep v. Legal Clinic, Inc., 223
SCRA 378, the Supreme Court found a similar
A: Rule 3.02 of the Code of Professional advertisement to be improper is spite of the fact
Responsibility provides as follows: “In the choice that the name of a lawyer was also not mentioned.
of a firm name, no false, misleading or assumed
name shall be used; the continued use of the name A complaint is not necessary to initiate disciplinary
of deceased partner is permissible provided that action against a lawyer. In Sec. 1, Rule 139-B of the
the firm indicates in all its communications that Rules of Court, disciplinary action against a lawyer
the partner is deceased.” Since Atty. Antonio C. may be initiated by the Supreme Court motu
Carton is a solo practitioner, it is improper for him proprio.
to use the firm name “Carton & Carton Law Office”,
which indicates that he is and/or was in Q: Determine whether the following
partnership with his father. Even if he indicates in advertisements by an attorney are ethical or
all his communication that his father is already unethical. Write “Ethical” or “Unethical”, as the
dead, the use of the firm name is still misleading case may be, opposite each letter and explain.
because his father was never his partner before. A
lawyer is not authorized to use in his practice of a. A calling card, 2x2 in size, bearing his
profession a name other than the one inscribed in name in bold print, office, residence and e-
the Roll of Attorneys. mail address, telephone and
Q: Facing disciplinary charges for advertising facsimile numbers.
as a lawyer, Atty. A argues that although the b. A business card, 3’’x4’’ in size, indicating
calling card of his businessman friend indicates the aforementioned data with his photo,
his law office and his legal specialty, the law 1’’x1’’ in size.
office is located in his friend’s store. Decide. c. A pictorial press release in a broadsheet
(2001 BAR) newspaper made by the attorney showing
him being congratulated by the president
A: This appears to be a circumvention of the of a client corporation for winning a multi-
prohibition on improper advertising. There is no million damage suit against the company
valid reason why the lawyer’s businessman friend in the Supreme Court.
should be handling out calling cards which d. The same press release made in a tabloid
9

by the attorney’s client. factual and true. Canon 27 of the Code of
e. A small announcement that the attorney is Professional Ethics states that “memberships
giving free legal advice on November 30, and offices in bar associations and committees
2017 published in Balita, a tabloid in thereof” may be included in a lawyer’s
Filipino. (2017, 2002 BAR) advertisement. The statement that he gives free
consultation, mediation and court
A: representation services is for the purpose of
promoting the IBP Legal Aid Committee.
a. Ethical – A lawyer, in making known his legal
services shall use only true, honest, fair, b. Suppose the sign reads:
dignified and objective information or
statement of facts (Code of Professional ATTY. REDENTOR A. WALANG-TALO
Responsibility, Canon 3). For solicitation to be Attorney and Counsel-at-Law
proper, it must be compatible with the dignity General Practitioner
of the legal profession. If made in a modest and (Accepts pro bono cases pursuant
decorous manner, it would bring no injury to to the IBP Legal Aid Program)
the lawyer or to the bar (Warvelle, Legal Ethics, Does the posting constitute
p.55). solicitation?
b. Unethical – The size of the card and the
inclusion of the lawyer’s photo in it smacks of (2016 BAR)
commercialism. It is highly unethical for an
attorney to advertise his talents or skill as a A: On the other hand, this advertisement is for the
merchant. benefit of the lawyer alone and constitutes
c. Unethical – A lawyer shall not pay or give solicitation.
anything of value to representatives of the mass
media in anticipation of, or in return for, ALTERNATIVE ANSWER:
publicity to attract legal business (Code of
Professional Responsibility, Rule 3.04). A lawyer This does not constitute solicitation. The lawyer
should not resort to indirect advertisements does not claim to be a specialist, but only a
such as a pictorial press release in a newspaper “general practitioner.” The statement that he
to attract legal business. accepts pro bono cases is not for the purpose of
d. Ethical – A lawyer cannot be held liable for the promoting his “business’’, as” pro bono” means
action of his client, provided he had no “for free.”
knowledge of the client’s act. However, it would
be unethical if the lawyer knew of the client’s TO THE LEGAL PROFESSION
intention to publish but nonetheless failed to GAL PROFESSION
prevent it. INTEGRATED BAR OF THE PHILIPPINES
e. Ethical– The proffer of free legal services to the (RULE 139-A)
indigent, even when broadcast over the radio or
tendered through circulation of printed matter Membership and dues
to the general public, offends no ethical rule.
The rule prescribing advertising or solicitation Q: Not paying the annual IBP dues. (2008 BAR)
of business is aimed at commercialization of the
profession and has to do with the effort to A: It is the duty of every lawyer to support the
obtain remunerative business. It was never activities of the Integrated Bar of the Philippines
aimed at a situation in which a group of lawyers (Canon 7, CPR). Default in payment of IBP dues for
announce that they are willing to devote some six months shall warrant suspension of
of their time and energy to the interests of membership to the Integrated Bar, and default to
indigent citizens (Agpalo, Legal and Judicial make such payment for one year shall be a ground
Ethics, 8th Ed., p. 123). for the removal of the delinquent member from the
Roll of Attorneys. (In Re Atty. Marcial Edillon, 84
Q: A sign was posted at the building where the SCRA 554 [1978])
law office of Atty. Redentor Walang-Talo is
located. The sign reads: Q: In a complaint filed before the Integrated
Bar of the Philippines (IBP) against Atty. Cirilo
ATTY. REDENTOR A. WALANG-TALO Celis, a senior citizen, it was shown that: a) he
Chairman, IBP Legal Aid failed to pay his IBP dues for six (6) years; b) he
Committee Makati City IBP indicated uniformly in his pleadings for three
Chapter (3) consecutive years “IBP Muntinlupa OR No.
Free conciliation, mediation 12345” as proof of payment of his IBP fees; and
and court representation c) he did not indicate any Professional Tax
Suite 210, Galaxy Building, J.P. Receipt number. to prove payment of his
Rizal Street, professional dues.
Makati City
In his defense, Atty. Celis alleged that he is only
a. Does the posting constitute solicitation? engaged in a “limited” law practice, and his
principal occupation, as disclosed in his income
A: There is nothing wrong with the tax return, is that of a farmer of a 30-hectare
advertisement. The statement that he is the orchard and pineapple farm in Camarines Sur.
chairman of the IBP Legal Aid Committee is He also claimed that he believed in good faith

10
QuAMTO (1987-2019)
that, as a senior citizen, he was exempt from Kuripot insisted that he did not violate the Code
payment of taxes, such as income tax, under of Professional Responsibility, since his
Republic Act No. 7432 which grants senior obligation to the bank was personal in nature
citizens “exemption from the payment of and had no relation to his being a lawyer.Is Atty.
individual income taxes provided that their Kuripot correct? Explain your answer. (2017,
annual taxable income does not exceed the 2005 BAR)
poverty level as determined by the NEDA for
that year.” A: NO. Atty. Kuripot is not correct. A lawyer should
act according to the standards of the legal
As a member of the IBP Board of Governors, profession even in his personal acts. A lawyer shall
decide on the following: not engage in conduct that adversely affects his
fitness to practice law, nor shall he, whether in
(a) the validity of his claim that, being engaged public or private life, behave in a scandalous
in a limited practice of law and being a senior manner to the discredit of the legal profession.
citizen who is exempt from the payment of (Code of Professional Responsibility, Rule 7.03)
taxes, he is not required to pay his IBP and
professional dues Q: Sonia, who is engaged in the lending
business, extended to Atty. Roberto a loan of
(b) the obligations, if any, under the Rules of P50, 000.00 with interest of P25, 000.00 to be
Court and the Code of Professional paid not later than May 20, 2016. To secure the
Responsibility that Atty. Celis may have loan, Atty. Roberto signed a promissory note
violated. (2018 BAR) and issued a postdated check. Before the due
date, Atty. Roberto requested Sonia to defer the
A: (a) In accordance with Sections 9 and 10, Rule deposit of the check. When Atty. Roberto still
139-A, Atty. Celis can engage in the practice of law failed to pay, Sonia deposited the check which
only by paying his IBP dues, and it does not matter was dishonored. Atty. Roberto ignored the
that his practice is “limited”. While it is true that notice of dishonor and refused to pay.
R.A. No. 7432, Sec. 4 grants senior citizen
exemption from the payment of individual income a. Did Roberto commit any violation of the
taxes, provided that their annual taxable income CPR? Explain.
does not exceed the poverty level as determined by b. Can he be held civilly liable to Sonia in an
the National Economic and Development Authority administrative case for suspension or
(NEDA) for that year, the exemption does not disbarment? (2016 BAR)
include payment of membership or association
dues, which is not a tax. (Santos, Jr. vs. Llamas, A.C. A:
No. 4749, 322 SCRA 529, January 20, 2000) a. Atty. Roberto committed a violation of Canon 1
Rule 1.01, Canon 7 and Rule 7.03 in issuing a
(b) Canon 7, Code of Professional Responsibility – A bouncing check. He should very well know that
lawyer shall at all times uphold the integrity and the issuance of a bouncing check is an unlawful
dignity of the legal profession and support the act, a crime involving moral turpitude. (Co v.
activities of the integrated Bar. Bernardino, A.C. No. 3919, January 28, 1998)

Sec. 9, Rule 139–A, Rules of Court. “Every member of b. NO. The sole issue in an administrative case is
the Integrated Bar shall pay such annual dues as the the determination of whether or not a lawyer
Board of Governors shall determine with the is still fit to continue being a lawyer. The
approval of the Supreme Court.” Supreme Court will not order the return of
money which is not intimately related to a
Sec. 10, Rule 139-A, Rules of Court – “Subject to the lawyer-client relationship. (Wong v. Moya, A.C.
provision of Section 12 of this Rule, default in the 6972, October 17, 2008; Sps. Concepcion v. Atty.
payment of annual dues for six months shall De La Rosa, A.C. No. 10681, Feb. 3, 2015)
warrant suspension of members in the Integrated
Bar, and default in such payment for one year shall Courtesy, fairness and candor towards
be a ground for removal of the name of the professional colleagues
delinquent member from the Roll of Attorneys.”
Q: After the pre-trial Atty. Hans Hilado, counsel
Upholding the dignity and integrity of the for plaintiff Jennifer Ng, persuaded defendant
profession Doris Dy to enter into a compromise agreement
with the plaintiff without the knowledge and
Q: Atty. Kuripot was one of Town Bank's valued participation of defendant’s counsel, Atty. Jess
clients. In recognition of his loyalty to the bank, de Jose. Doris acceded and executed the
he was issued a gold credit card with a credit agreement. Therein Doris admitted her
limit of P250,000.00. After two months, Atty. obligation in full and bound herself to pay her
Kuripot exceeded his credit limit, and refused obligation to Jennifer at 40% interest per
to pay the monthly charges as they fell due. annum in ten (10) equal monthly installments.
Aside from a collection suit, Town Bank also The compromise agreement was approved by
filed a disbarment case against Atty. Kuripot. the court.

In his comment on the disbarment case, Atty. Realizing that she was prejudiced, Doris Dy
11

filed an administrative complaint against Atty. the Code of Professional Responsibility which
Hilado alleging that the latter prevented her provide as follows:
from consulting her lawyer Atty. de Jose when
she entered into the compromise agreement, “Canon 9. A lawyer shall not directly or indirectly
thereby violating the rules of professional assist in the unauthorized practice of law.”
conduct. Atty. Hilado countered that Doris Dy
freely and voluntarily entered into the “Rule 9.01. A lawyer shall not delegate to any
compromise agreement which in fact was unauthorized person the performance of any task
approved by the court. which by law may only be performed by a member
of the bar in good standing.”

Was it proper for the judge to approve the
compromise agreement since the terms thereof Q: Atty. B is a newly admitted member of the
were just and fair even if counsel for one of the Philippine Bar. As a means to manage his heavy
case load, Atty. B delegated the preparation and
parties was not consulted or did not participate
signing of all motions for extension of time to
therein? Explain. (1995 BAR)
his secretary, Ms. D. On the signature page of
A: It was not proper for the Judge to approve the every motion, the following would appear:
compromise agreement without the participation of
the lawyer of one of the parties, even if the "Ms. D for B Law Office"

agreement was just and fair. Even if a client has
X, one of Atty. B's clients expressed concern
exclusive control of the cause of action and may
over such practice. Atty. B reassured him that
compromise the same, such right is not absolute. He
the same is completely permissible as lawyers
may not, for example, enter into a compromise to
are allowed to devise means to efficiently
defeat the lawyer’s right to a just compensation.
manage their workload. Besides, Ms. D is acting
Such right is entitled to protection from the court.
under his full knowledge and authority.

No assistance in unauthorized practice of law
Does the practice of Atty. B of having his
Q: You had just taken your oath as a lawyer. The motions for extension of time signed by Ms. D
constitute any violation of the Code of
secretary to the president of a big university
Professional Responsibility? Explain. (2019
offered to get you as the official notary public of
BAR)
the school. She explained that a lot of students

lose their Identification Cards and are required
A: YES, Atty. B’s practice of having his secretary
to secure an affidavit of loss before they can be
sign his motions for extensions of time constitutes
issued a new one. She claimed that this would be
very lucrative for you, as more than 30 students a violation of Rule 9.01 of Canon 9 of the Code of
lose their Identification Cards every month. Professional Responsibility. The Supreme Court
However, the secretary wants you to give her held that the preparation and signing of a pleading
one-half of your earnings therefrom.Will you constitute legal work involving the practice of law
and the same is reserved for members of the legal
agree to the arrangement? Explain. (2017, 2005
profession.
BAR)

A: NO, I will not agree. Rule 9.02 of the Code of Atty. B’s authority and duty to sign pleadings are
personal to him and he may not delegate the
Professional Responsibility provides that “a lawyer
signing of a pleading to a non-lawyer. By signing a
shall not divide or stipulate to divide a fee for legal
pleading, a counsel certifies that he has read the
service with persons not licensed to practice law".
same, that there is good ground to support it to the
The secretary, not being a lawyer, is not licensed to
practice law and not entitled to a share of the fees best of his knowledge, information and belief, and
that it is not interposed for delay. Hence, it is the
for legal services rendered, particularly in
counsel alone who can certify these matters and
notarizing affidavits.
give legal effect to the document. (Tapay and Rustia

v. Atty. Bancolo, A.C. No. 9604, March 20, 2013)
Q: Atty. Monica Santos-Cruz registered the firm

name “Santos-Cruz Law Office” with the
Q: Dr. Cielo is a well-known medical doctor
Department of Trade and Industry as a single
proprietorship. In her stationery, she printed specializing in cosmetic surgery. Dr. Cielo,
the names of her husband and a friend who are together with a team of doctors, performed a
both non-lawyers as her senior partners in light surgical buttocks enhancement procedure in
of their investments in the firm. She allowed her clinic on Ms. Cossette Concio (Concio).
her husband to give out calling cards bearing Unfortunately, after a couple of years, the
implant introduced during the enhancement
his name as senior partner of the firm and to
procedure caused infection and Concio became
appear in courts to move for postponements.
seriously ill.
Did Atty. Santos-Cruz violate the Code of

Professional Responsibility? Why? (2010 BAR)
Concio filed a criminal action for medical

A: YES, she did. In the case of Cambaliza v. malpractice against Dr. Cielo which was
eventually dismissed for failure to prove that
Cristobal-Tenorio (434 SCRA 288 [2004]), which
Dr. Cielo was negligent. Concio was represented
involves the same facts, the Supreme Court held
that a lawyer who allows a non-member of the Bar in this action by Atty. Cogie Ciguerra (Ciguerra).
to misrepresent himself as a lawyer and to practice After they lost the medical malpractice case,
law, is guilty of violating Canon 9 and Rule 9.01 of Ciguerra started writing a series of posts on his
Facebook (FB) account containing insulting and

12
QuAMTO (1987-2019)
verbally abusive language against Dr. Cielo. lawyer owes candor, fairness and good faith to the
Among others, Ciguerra called Dr. Cielo a quack court. Rule 10.02 of the Code of Professional
doctor, “reyna ng kaplastikan at kapalpakan”, Conduct expressly provides that a lawyer shall not
and accused her of maintaining a payola or knowingly misquote or misrepresent the contents
extra-legal budget to pay off prosecutors and of a paper, the language or the argument of
judges in order to win her cases. He also called opposing counsel, or the text of a decision or
on patients to boycott the clinic of Dr. Cielo. authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
Dr. Cielo filed a disbarment case against amendment, or assert as a fact that which has not
Ciguerra for posting on his FB account, sexist, has been proved. To cite an argument of one of the
vulgar, and obscene comments, and language parties as a ratio decidendiof a Supreme Court
disrespectful of women in his FB posts. decision shows, at least, lack of diligence on the part
Ciguerra’s defense is that his FB posts were of Atty. A. (Commission on Election v. Noynay, 292
private remarks on his private FB account and SCRA 254)
only meant to be shared among his FB friends,
and Dr. Cielo was not part of them. He also Q: Atty. Billy, a young associate in a medium-
claimed that the disbarment case was filed in sized law firm, was in a rush to meet the
violation of his constitutionally-guaranteed deadline for filing his appellant’s brief. He used
right to privacy. The Court, however, found that the internet for legal research by typing
Ciguerra’s FB account did not have privacy keywords on his favorite search engine, which
settings. led him to many websites containing text of
Philippine jurisprudence. None of these sites
Can Ciguerra be disbarred for the series of posts was owned or maintained by the Supreme
in his FB account against Dr. Cielo? (2018 BAR) Court. He found a case believed to be directly
applicable to his client’s cause, so he copied the
A: YES. The Supreme Court, first of all debunked the text of the decision from the blog of another law
respondent lawyer’s defense of privacy by pointing firm, and pasted the text to the document he
out that he failed to prove that he used the privacy was working on. The formatting of the text he
tools of Facebook to limit his messages to his had copied was lost when he pasted it to the
“friend”. Even if he did so there is no guarantee that document, and he could not distinguish
his friends will not pass on his messages to their anymore, which portions were the actual
friends. findings or rulings of the Supreme Court, and
which were quoted portions from the other
With regard to the defense of freedom of speech, sources that were used in the body of the
the Supreme Court ruled: decision. Since his deadline was fast
approaching, he decided to just make it appear
“Time and again, it has been held that the freedom as if every word he quoted was part of the ruling
of speech and of expression, like all constitutional of the Court, thinking that it would not be
freedoms, is not absolute. While the freedom of discovered.
expression and the right of speech and of the press
are among the most zealously protected rights in Atty. Billy’s opponent, Atty. Ally, a very
the Constitution, every person exercising them, as conscientious former editor of her school’s law
the Civil Code stresses, is obliged to act with justice, journal, noticed many discrepancies in Atty.
give everyone his due, and observe honesty and Billy’s supposed quotations from the Supreme
good faith. As such, the constitutional right of Court decision when she read the text of the
freedom of expression may not be availed of to case from her copy of the Philippine Reports.
broadcast lies, half-truths, insult others, destroy Atty. Billy failed to reproduce the punctuation
their names, reputation of bringing them into marks and font sizes used by the Court. Worse,
disrepute.” (Ma. Victoria G. Belo-Henares v. Atty. he quoted the arguments of one party as
Roberto “Argee” C. Guevarra, A.C. No. 1394, presented in the case, which arguments
December 1, 2016) happened to be favorable to his position, and
not the ruling or reasoning of the Court, but this
TO THE COURTS distinction was not apparent in his brief.
Appalled, she filed a complaint against him.
Candor, fairness and good faith towards the
courts a. Did Atty. Billy fail in his duty as a lawyer?
What rules did he violate, if any?
Q: In a pending labor case, Atty. A filed a b. How should lawyer quote a Supreme Court
Position Paper on behalf of his client, citing a decision? (2015, 1994 BAR)
Supreme Court case and quoting a portion of
the decision therein which he stated reflected A:
the ratio decidendi. However, what he quoted
was not actually the Supreme Court ruling but a. Atty. Billy has violated Canon 10, Rules 10.01
the argument of one of the parties to the case. and 10.02 of the Code of Professional
May Atty. A be faulted administratively? Responsibility (CPR) which provide as follows:
Explain. (2000 BAR)
CANON 10. A LAWYER OWES CANDOR,
A: YES. Hhe may be faulted administratively. A FAIRNESS AND GOOD FAITH TO THE COURT.
13

must conduct themselves with great propriety
Rule 10.01. A lawyer shall not do any falsehood, and their behavior must be beyond reproach
nor consent to the doing of any in court; nor anywhere and at all times, whether they are
shall he mislead or allow the Court to be misled dealing with their clients or the public at large.
by any artifice. Any errant behavior on the part of a lawyer
and/or a judge, whether in their public or
Rule 10.02. A lawyer shall not knowingly private activities, which tends to show said
misquote or misrepresent the contents of a lawyer or judge deficient in moral character,
paper, the language or the argument of the honesty, probity or good demeanor, is sufficient
opposing counsel, or the text of a decision or to warrant suspension or disbarment. (Re:
authority, or knowingly cite a law a provision Republic v. Sereno, A.M. No. 18-06-01-SC, July 17,
already rendered inoperative by repeal or 2018)
amendment, or assert as a fact that which has
not been proved. Q: Atty. Luna Tek maintains an account in the
social media network called Twitter and has
b. They should be verbatim reproductions of the 1,000 followers there, including fellow lawyers
Supreme Court’s decisions, down to the last and some clients. Her Twitter account is public
word and punctuation mark. (Insular Life so even her non-followers could see and read
Assurance Co., Ltd., Employees Association v. her posts, which are called tweets. She
Insular Life Assurance Co., Ltd., G.R. No. L-25291, oftentimes takes to Twitter to vent about her
January 30, 1971, 37 SCRA 244) daily sources of stress like traffic or to comment
about current events.
Respect for the courts and judicial officers
She also tweets her disagreement and disgust
Q: Pending resolution of a high-profile case with the decisions of the Supreme Court by
against him, Justice K uttered, in a public forum insulting and blatantly cursing the individual
hosted by a local Integrated Bar of the Justices and the Court as an institution.
Philippines chapter, his comments on the
perceived bias of the court against him, as well a. Does Atty. Luna Tek act in a manner
as on the issues raised by the complainants, his consistent with the Code of Professional
defenses, and the commentaries published by Responsibility? Explain the reasons for
some local newsmen in relation to the case. your answer.
This is only one instance of his many b. Describe the relationship between a
appearances in different gatherings of such lawyer and the courts. (2015 BAR)
nature in order to defend his public image.
A:
(a) Did Justice K, in his capacity as a lawyer,
commit any violation of the Code of a. Atty. Luna did not act in a manner consistent
Professional Responsibility? If so, what rule did with the Code of Professional Responsibility
Justice K violate? Explain. (CPR). Canon 11 of the Code provides that “a
(b) Arguing that he should be treated as any lawyer shall observe and maintain the
other ordinary litigant in the said case, may respect due to the courts and to judicial
Justice K validly claim that his comments were officers and should insist on similar conduct
made in a purely private capacity and hence, with others.” As an officer of the court, a
not subject to administrative sanction? Explain. lawyer should set the example in
(2019 BAR) maintaining a respectful attitude towards
the court. Moreover, he should abstain from
A: offensive language in criticizing the courts.
Atty. Luna Tek violated this rule in insulting
a. YES. Justice K violated Canon 13, Rule 13.02 and blatantly cursing the individual Justices
and Canon 11 of the Code of Professional and the Supreme Court in her tweets.
Responsibility. His public statements tend to Lawyers are expected to carry their ethical
influence the public and the Members of the responsibilities with them in cyberspace.
Court, and to attack the dignity and authority of (Lorenzana v. Judge Ma. Cecilia L. Austria,
the institution. By raising comments on the A.M. No. RTJ-09-2200, April 2, 2014)
perceived bias of the court against him, his
statements went beyond the supposed b. A lawyer is an officer of the court. As such, he
arguments and contentions contained in his is much a part of the machinery of justice as
and the complainant’s pleadings. His public a judge is. The judge depends on the lawyer
utterances do not only tend to arouse public for the proper performance of his judicial
opinion on the matter but such speeches and duties. Thus, Canon 10 enjoins a lawyer to be
interviews given by Justice K in different candid with the courts; Canon 11 requires
forums indisputably tend to tarnish the Court's him to show respect to judicial officers; and
integrity and unfairly attribute false motives Canon 12 urges him to exert every effort and
against its Members. (Re: Republic v. Sereno, consider it his duty to assist in the speedy
A.M. No. 18-06-01-SC, July 17, 2018) and efficient administration of justice.

b. NO. Justice K may not validly claim that his Q: Cacai, a law student, filed an administrative
comments are not subject to administrative complaint against RTC Judge Casimiro Conde,
sanction because they were made in a purely her professor in law school, based on the
private capacity as a party-litigant. Lawyers following allegations:

14
QuAMTO (1987-2019)
(a) In a school convocation where Judge Conde was brother as a drug addict (in his class discussion).
the guest speaker, Judge Conde openly disagreed While the Code of Judicial Conduct recognizes the
and criticized a recently-decided Supreme Court right of judges to freedom of expression, this
decision and even stressed that the decision of the freedom should be exercised in a manner that
Supreme Court in that case was a serious violation would preserve the dignity, independence and
of the Constitution. respect for himself and judiciary as a whole. A
magistrate should not descend to the level of a
(b) In his class discussions, Judge Conde named sharp-tongued, ill-mannered petty tyrant by
Cacai’s mother, an MTC judge, as one of the judges uttering harsh words, snide remarks and sarcastic
involved in a marriage scam. At that time, the case comments.
against her mother was still pending. Judge Conde
also included in his class discussion Cacai’s Judge Conde can be held administratively liable
brother whom he referred to as a “court-noted even though his improper comments were made in
drug addict.” his class discussions because ethical conduct is
expected of him as a judge not only in the
Cacai asserted that the acts of Judge Conde were performance of his judicial duties, but in his
open displays of insensitivity, impropriety, and professional and private activities as well. A judge,
lack of delicadeza bordering on oppressive and in order to promote public confidence in the
abusive conduct. She also alleged that Judge Conde integrity and impartiality of the judiciary, must
acted with absolute disrespect for the Court and behave with propriety at all times. A judge’s official
violated the “subjudice rule” when he discussed life cannot be detached or separated from his
the marriage scam involving her mother because, personal existence. Judge Conde also violated the
at that time, the case was still pending. subjudice rule which restricts comments and
disclosures pertaining to judicial proceedings in
In his defense, Judge Conde argued that the case he order to avoid obstructing the administration of
discussed in the school convocation was already of justice. At the time Judge Conde discussed the
public knowledge and had been published after it marriage scam, the case was still pending. (Tormis
had become final. He also said it was part of his v Paredes, A.M. No. RTJ-13- 2366, February 4, 2015)
academic freedom to openly discuss and criticize a
decision of the Court since it was already decided Q: Atty. Y, in his Motion for Reconsideration of
with finality, was patently erroneous, and clearly a the Decision rendered by the National Labor
violation of the Constitution. With respect to Relations Commission (NLRC), alleged that
discussions in class about Cacai’s mother, he said there was connivance of the NLRC
that the marriage scam where her mother was Commissioners with Atty. X for monetary
charged scandalized the Judiciary and became considerations in arriving at the questioned
public knowledge when the Office of the Court Decision. He insulted the Commissioners for
Administrator held a press conference on the their ineptness in appreciating the facts as
matter and, that as a citizen, he could comment borne by the evidence presented.
thereon in the exercise of his rights to freedom of
speech and expression. He also asserted that his Atty. X files an administrative complaint
discussions in both fora could not be the subject of against Atty. Y for using abusive language.
an administrative complaint because they were
not done in the performance of his judicial duties. Atty. Y posits that as lawyer for the down-
trodden laborers, he is entitled to express his
Rule on each of the charges raised by Cacai, and the righteous anger against the Commissioners for
corresponding defenses raised by Judge Conde. having cheated them; that his allegations in the
(2018 BAR) Motion for Reconsideration are absolutely
privileged; and that proscription against the
A: use of abusive language does not cover
(a) The New Code of Judicial Conduct provides that pleadings filed with the NLRC, as it is not a
judges, like any other citizens, are entitled to freedom court, nor are any of its Commissioners Justice
of expressions, belief, association and assembly, but in or Judges.
exercising such right, they shall always conduct
themselves in such a manner as to preserve the dignity Is Atty. Y administratively liable under the Code
of the judicial office and the impartiality of the of Professional Responsibility? Explain. (2010
judiciary. Judge Conde, however, should not have BAR)
criticized in public the Supreme Court decision as a
serious violation of the Constitution. He should have A: Atty. Y “has clearly violated Canons 8 and 11 of
avoided any discussion in order to preserve the the Code of Professional Responsibility and is
traditional non-involvement of the judiciary in public administratively liable. A lawyer shall not in his
discussion of controversial issues. (In re: Query of the professional dealings, use language which is
MTC Lawyers of Zamboanga del Norte, A.M. No. 86-11- abusive, offense or otherwise improper” (Rule 8.01,
3690) CPR). A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before
(b) Judge Conde is guilty of conduct unbecoming of the courts (Rule 11.03, CPR).
a judge in using intemperate language and
unnecessary comments tending to project Cacai’s In the case of Johnny Ng v. Atty. Benjamin C. Alar
mother as a corrupt and ignorant judge and her (507 SCRA 465 [2006]), which involves the same
15

facts, the Supreme Court held that the argument litigants and witnesses, but also to the public in
that the NLRC is not a court, is unavailing. The general, which necessarily includes the media, in
lawyers remains a member of the Bar, an “oath- order to avoid prejudging the issue, influencing the
bound servant of the law, whose first duty is not to court, or obstructing the administration of justice.
his client but to the administration of justice and A violation of this rule may render one liable for
whose conduct ought to be and must be indirect contempt under Sec. 3(d), Rule 71 of the
scrupulously observant of the law and ethics.” Rules of Court. The specific rationale for the sub
judice rule is that courts, in the decision of issues of
The Supreme Court also held that the argument fact and law should be immune from every
that labor practitioners are entitled to some extraneous influence; those facts should be decided
latitude of righteous anger is unavailing. It does not upon evidence produced in court; and that the
deter the Court from exercising its supervisory determination of such facts should be uninfluenced
authority over lawyers who misbehave or fail to by bias, prejudice or sympathies. (Marantan v.
live up to that standard expected of them as Diokno, 716 SCRA 164, Feb. 12, 2014) After a case is
members of the bar. decided, however, the decision is open to criticism,
subject only to the condition that all such criticism
Q: Mercado publicly criticized the Supreme shall be bona fide, and shall not spill over the walls
Court for having rendered what he called an of decency and propriety.
unjust judgment, even as he ridiculed the
members of the Court by direct insults and A wide chasm exists between fair criticism, on the
vituperative innuendoes. Asked to explain why one hand, and abuse and slander of courts and the
he should not be punished for his clearly judges thereof, on the other. Intemperate and
contemptuous statements; Atty. Mercado sets unfair criticism is a gross violation of the duty of
up the defense that his statements were uttered respect to courts. It is such a misconduct that
after the litigation had been finally terminated subjects a lawyer to disciplinary action (In Re
and that he is entitled to criticize Judicial Almace, G.R. L-27654, February 18, 1970).
actuations. Is Atty. Mercado's contention
tenable? Explain. (1993 BAR) In this case, the published comment of Atty. Harold
was made after the decision of the Supreme Court
A: Atty. Mercado’s contention is not tenable. While was rendered, but the same was not yet final. The
he is free to criticize the decision itself, he is not at case was still pending. Hence, the publication of
liberty to call said judgment an unjust judgment such comment was inappropriate, and Atty. Harold
and to ridicule the members of the court. It is one may be penalized for indirect contempt of court.
thing to analyze and criticize the decision itself,
which is proper, and it is another thing to ridicule ALTERNATIVE ANSWER:
the members of the court, which is wrong. The right
of a lawyer to comment on or criticize the decision Although the comment of Atty. Harold was made
of a judge or his actuations is not unlimited. It is the while the case was technically pending, it was made
cardinal condition of all such criticism that it shall after a decision was rendered, and the comment
be bona fide, and shall not spill over the walls of made is within the grounds of decency and
decency and propriety. A wide chasm exists propriety. Hence, the lawyer does not deserve
between fair criticism, on the one hand, and abuse punishment for the same.
and slander of courts and judges on the other. A
publication in or outside the court tending to Assistance in the speedy and efficient
impede, obstruct, embarrass or influence the administration of justice
courts in administering Justice in a pending suit, or
to degrade the courts, destroy public confidence in Q: The Supreme Court issued a resolution in a
them or bring them in any way into disrepute, case pending before it, requiring the petitioner
whether or not there is a pending litigation, to file, within ten (10) days from notice, a reply
transcends the limits of fair comment. Such to the respondent's comment. Attorney A,
publication or intemperate and unfair criticism is a representing the petitioner, failed to file the
gross violation of the lawyer’s duty to respect the reply despite the lapse of thirty (30) days from
courts. It is a misconduct that subjects him to receipt of the Court’s resolution. The Supreme
disciplinary action. Court dismissed the petition for non-
compliance with its resolution.
Q: Atty. Harold wrote in the Philippine Star his
view that the decision of the Supreme Court in a Attorney A timely moved for the
big land case is incorrect and should be re- reconsideration of the dismissal of the petition,
examined. The decision is not yet final. Atty. claiming that his secretary, who was quite new
Alfonso, the counsel for the winning party in in the office, failed to remind him of the
that case, filed a complaint for disbarment deadline within which to file a reply. Resolve
against Atty. Harold for violation of sub judice Attorney A's motion. (2003 BAR)
rule and Canon 11 of the CPR that a lawyer shall
observe and maintain respect due to the courts. A: Attorney A’s motion is not meritorious. He has
Explain the sub judice rule and rule on the violated Rule 12.03 of the Code of Professional
disbarment case. (2016 BAR) Responsibility which provides that “a lawyer shall
not, after obtaining extensions of time to file
A: The sub judice rule restricts comments and pleadings, memoranda or briefs, let the period
disclosures pertaining to pending judicial lapse without submitting the same or offering an
proceedings, not only by participants in the explanation for his failure to do so”. His claim that
pending case, members of the bar and bench, it was the fault of his secretary is not sufficient. He

16
QuAMTO (1987-2019)
cannot take refuge behind the inefficiency of his Judge Patron for having allowed himself to be used
secretary because the latter is not a guardian of the as a “bridge” by Atty. Hermano, his fraternity
lawyer’s responsibilities (Nidua v. Lazaro, 174 SCRA “brod”, to meet with Judge Apestado exhibited
581, 1989) judicial misconduct in the following manner:
Judges shall refrain from influencing in any manner
Reliance on merits of his cause and avoidance of the outcome of litigation or dispute pending before
any impropriety which tends to influence or another court (Ibid., Canon 1, Sec. 3). Furthermore,
gives the appearance of influence upon the in allowing Atty. Hermano to take advantage of his
courts fraternity bond, Judge Patron allowed the prestige
of judicial office to advance the private interests of
Q: Atty. Hermano requested his fraternity others, conveyed or permitted hos fraternity “brod”
brother, Judge Patron, to introduce him to Judge to convey the impression that he is in a special
Apestado, before whom he has a case that had position to influence the judge (Ibid., Canon 1, Sec 4,
been pending for some time. 2nd sentence)

Judge Patron, a close friend of Judge Apestado, The specific violations of Judge Apestado were
acceded to the request, telling the latter that committed when he allowed himself to be
Atty. Hermano is his fraternity “brod” and that convinced by Judge Patron to have the dinner
Atty. Hermano simply wanted to ask for advice meeting with Atty. Hermano to discuss how the
on how to expedite the resolution of his case. case may be expedited. In performing judicial
They met, as arranged, in the fine dining duties, judges shall be independent form judicial
restaurant of a five-star hotel. Atty. Hermano colleagues in respect of decisions which the judge
hosted the dinner. is obliged to make independently (Ibid., Canon 1,
Sec. 2). Finally, in having dinner meeting with Atty.
Did Atty. Hermano, Judge Patron and Judge Hermano who has a pending case with his sala,
Apestado commit any ethical/administrative Judge Apestado has exhibited an appearance of
violation for which they can be held liable? impropriety in his activities. (Ibid., Canon 4, Sec 1)
(2013 BAR)
Q: Atty. J requested Judge K to be a principal
A: YES, the three (3) of them committed sponsor at the wedding of his son. Atty. J met
ethical/administrative violations for which they Judge K a month before during the IBP-
can be held liable. For hosting the dinner, Atty. sponsored reception to welcome Judge K into
Hermano acted in contravention of ethical the community, and having learned that Judge K
standards. A lawyer should refrain from any takes his breakfast at a coffee shop near his
impropriety which tends to influence or give the (Judge K's) boarding house, Atty. J made it a
appearance of influencing the court (Code of point to be at the coffee shop at about the time
Professional Responsibility, Canon 13, Rule 13.01). A that Judge K takes his breakfast. Comment on
lawyer shall not extend extraordinary attention or Atty. J's acts. Do they violate the Code of
hospitality to, nor seek opportunity for cultivating Professional Responsibility? (2000 BAR)
familiarity with Judges (Ibid, Canon 13, Rule 13.01).
Marked attention and unusual hospitality on the A: YES, his actions violate the Code of Professional
part of a lawyer to a judge, uncalled for by the Responsibility. Canon 13 of the said Code provides
personal relations on the parties, subject both the that a lawyer shall rely upon the merits of his cause
judge and the lawyer to misconstruction of motive and refrain from any impropriety which tends to
and should be avoided (Canons of Professional influence, or gives the appearance of influencing
Ethics, canon 3, 2nd par., 1st sentence). Even if the the court. Rule 13.01 of the same Code provides
purpose of the meeting was merely to “ask advice that a lawyer shall not extend extraordinary
on how to expedite the resolution of his case,” Atty. attention or hospitality to, nor seek opportunity
Hermano still acted outside of the bounds of ethical for, cultivating familiarity with Judges. Atty. J
conduct. This is so because a lawyer deserves obviously sought opportunity for cultivating
rebuke and denunciation for any device or attempt familiarity with Judge K by being at the coffee shop
to gain from a judge a special personal where the latter takes his breakfast, and is
consideration or favor (Ibid., Canon 3, 2nd par., 2nd extending extraordinary attention to the judge by
sentence). inviting him to be a principal sponsor at the
wedding of his son.
Both judge patron and Judge Apestado may be held
liable for having the dinner meeting with Atty. Q: After a study of the records and deciding that
Hermano. Judges shall ensure that not only is their plaintiff was entitled to a favorable judgment,
conduct above reproach, but that it is perceived to Judge Reyes requested Atty. Sta. Ana, counsel
be so in the view of a reasonable observer (New for the plaintiff, to prepare the draft of the
Code of Conduct for the Philippine Judiciary, Canon 2, decision. Judge Reyes then reviewed the draft
Sec.1) prepared by Atty. Sta. Ana and adopted it as his
decision for plaintiff. Judge Reyes saw nothing
Judges shall avoid impropriety and the appearance unethical in this procedure as he would ask the
of impropriety in all of their activities (Ibid., Canon other party to do the same if it were the
4, Sec. 1). Their having dinner with Atty. Hermano, prevailing party.
a practicing lawyer, could be construed as
appearance of impropriety. Please comment on whether Judge Reyes'
17

approach to decision-writing is ethical and grace the parties of Rico, are they violating
proper. (1994 BAR) the Code of Judicial Conduct? Explain.
(2010 BAR)
A: This procedure of Judge Reyes is unethical
because the judge is duty bound to study the case A:
himself; he must personally and directly prepare
his decisions and not delegate it to another person a. YES. A lawyer shall not extend extraordinary
especially a lawyer in the case (Section 1. Rule 36, attention or hospitality to, nor seek
Rules of Court) opportunity for cultivating familiarity with
judges (Code of Professional Responsibility,
ALTERNATIVE ANSWER: Rule 13.01). Moreover, he should refrain from
any impropriety which gives the appearance of
In the case of Lantoria vs. Bunyi, 209 SCRA 528, a influencing the court (CPR, Canon 13). In
lawyer was suspended for preparing drafts of regularly playing golf with judges, Atty. Rico
decisions for a judge. The Supreme Court held that will certainly raise the suspicion that they
this violated Canon No. 13 and Rule 13.01 of the discuss cases during the game, although they
Code of Professional Responsibility which provide actually do not. However, if Rico is known to be
that: a non-practicing lawyer, there is not much of
an ethical problem.
“CANON 13. – A lawyer shall rely upon the merits b. Members of the bench who grace the parties of
of his case and refrain from any impropriety which Atty. Rico would be guilty of violating Sec. 3,
tends to influence, or gives the appearance of Canon 4 of the New Code of Judicial Conduct for
influencing the court." the Philippine Judiciary which provides that
“Rule 13.01 – A lawyer should not extend “judges shall, in their personal relations with
extraordinary attention or hospitality to nor seek individual members of the legal profession
opportunity for cultivating familiarity with the who practice regularly in their court, avoid
judge." situations which might reasonably give rise to
the suspicion or appearance of favoritism or
Conversely, therefore, a judge should not ask partiality”. It has been held that “if a judge is
lawyers of parties to a case before him to draft his seen eating and drinking in public places with
decisions. “A judge should so behave at all times as a lawyer who has cases pending in his or her
to promote public confidence in the integrity and sala, public suspicion may be aroused, thus
impartiality of the judiciary." (Rule 2.01, Code of tending to erode the trust of litigants in the
Judicial Conduct) impartiality of the judge” (Padilla v. Zantua,
237 SCRA 670). But if Atty. Rico is not a
Q: Atty. A is offered professional engagement to practicing lawyer, such suspicion may not be
appear before Judge B who is A’s relative, aroused.TO THE CLIENTS
compadre and former office colleague. Is A
ethically compelled to refuse the engagement? TO THE CLIENTS
Why? (2001 BAR)
AVAILABILITY OF SERVICE WITHOUT
A: There is no ethical constraint against a lawyer DISCRIMINATION
appearing before a judge who is a relative,
compadre or former office colleague as long as the Services regardless of a person’s status
lawyer avoids giving the impression that he can
influence the judge. On the other hand, the judge is Q: M was criminally charged with violation of a
required by the Code of Judicial Conduct not to take special law. He tried to engage the service of
part in any proceeding where his impartiality may Atty. N. Atty. N believed, however, that M is
be reasonably questioned (Code of Judicial Conduct, guilty on account of which he declined. Would
Rule 3.12). Among the grounds for mandatory it be ethical for Atty. N to decline? Explain.
disqualification of the judge is if any of the lawyers (2000, 1996 BAR)
is a relative by consanguinity or affinity within the
fourth degree. A: It would not be ethical for Atty. N to decline. Rule
14.01 of the Code of Professional Responsibility
Q: Rico, an amiable, sociable lawyer, owns a provides that a lawyer shall not decline to
share in Marina Golf Club, easily one of the represent a person solely on account of the latter’s
more posh golf courses. He relishes hosting race, sex, creed or status of life, or because of his
parties for government officials and members own opinion regarding the guilt of said person. It is
of the bench. for the judge, not the lawyer, to decide the guilt of
the accused, who is presumed to be innocent until
One day, he had a chance meeting with a judge his guilt is proved beyond reasonable doubt by
in the Intramuros golf course. The two readily procedure recognized by law.
got along well and had since been regularly
playing golf together at the Marina Golf Club. Q: Atty. DD’s services were engaged by Mr. BB
as defense counsel in a lawsuit. In the course of
a. If Atty. Rico does not discuss cases with the proceedings, Atty. DD discovered that Mr.
members of the bench during parties and BB was an agnostic and a homosexual. By
golf games, is he violating the Code of reason thereof, Atty. DD filed a motion to
Professional Responsibility? Explain. withdraw as counsel without Mr. BB’s express
b. How about the members of the bench who consent. Is Atty. DD’s motion legally tenable?
Reason briefly. (2004 BAR)

18
QuAMTO (1987-2019)
A: NO. Atty. DD’s motion is not legally tenable. He
has no valid cause to terminate his services. His A: A counsel de oficio is a lawyer appointed by the
client, Mr. BB, being an agnostic and homosexual, court to defend an indigent defendant in a criminal
should not be deprived of his counsel’s case. The lawyer designated as counsel de officio
representation solely for that reason. A lawyer cannot charge the indigent litigant for his
shall not decline to represent a person solely on professional services. In a sense, there is no
account of the latter’s race, sex, creed or status of contract for legal services between him and the
life or because of his own opinion regarding the defendant. In the absence of an express or implied
guilt of said person (Code of Professional contract, there is no obligation to compensate.
Responsibility, Canon 14, Rule 14.01) Suing his client for attorney’s fees might also
involve a violation of the confidential nature of a
Services as counsel de officio lawyer-client relationship.

Q: May a lawyer decline an appointment by the Q: Atty. Vidal, a semi-retired Metro Manila law
court as counsel de oficio for an accused practitioner, has a cattle ranch in the remote
because he believes, and is fully convinced that municipality of Caranglan, Neuva Ecija. He
the accused is guilty of the crime charged? attends to his law office in Manila on Mondays,
(1991 BAR) Tuesdays and Wednesdays, and spends the
rest of the week in his cattle ranch riding
A: A lawyer may not decline an appointment as counsel horses and castrating bulls. In a criminal case
de oficio even if he is convinced that the accused is pending before the Municipal Trial Court of
guilty. It is his obligation to at least protect his rights. Caranglan, the only other licensed member of
He might even have him acquitted or at least reduce his the Bar is representing the private
penalty depending on the evidence presented during complainant. The accused is a detention
the trial. prisoner. The judge wants to expedite
proceedings.
Q: In a homicide case, Atty. M was appointed by the
Court as counsel de oficio for F, the accused. After a. What must the judge do to expedite
trial, F was acquitted. Atty. M sent F a bill for proceedings?
attorney’s fees. b. If Attorney Vidal is appointed to act as
counsel de oficio for the accused, could he
a. Can F be compelled to pay? Explain. refuse by saying that in the province, he
b. Can F employ a counsel de parte to collaborate does not want to do anything except ride
with Atty. M, his counsel de oficio? Explain. horses and castrate bulls? Explain. (1993
(1996 BAR) BAR)

A: A:
a. NO., F may not be compelled to pay attorney’s fees. a. The judge may appoint Atty. Vidal as counsel
A counsel de officio is a lawyer appointed to render de oficio in order to expedite the proceedings.
professional services in favor of an indigent client. This is especially because the accused is a
In the absence of a law allowing compensation, he detention prisoner who is presumed to be
cannot charge the indigent litigant for his indigent and cannot retain a paid counsel.
professional services. One of the obligations which a. Atty. Vidal cannot validly refuse the
the lawyer assumed when he took his oath as a appointment as counsel de oficio. While it is
lawyer is to render free legal services when true that he stays in the province to rest
required by the law to do so. The Rules of Court during the latter part of the week as lawyer he
provides a token compensation for an attorney de must comply with his oath to assist in the
officio to be paid by the state. administration of justice. Precisely one of the
b. He may do so, but if he can afford to employ a objectives of the Integrated Bar is to compel
counsel de parte, then he is no longer indigent and all lawyers in the active practice of law to
will not need a counsel de officio. The latter can comply with their obligation to assist the
withdraw as his counsel if he chooses to. courts in the administration of justice.

Q: Atty. Aguirre, as counsel de oficio for Boy Attorney’s Fees
Batongbakal, was able to win an acquittal for
Boy who was charged with robbery in band. A Q: Carina was dismissed by her employer for
year later, Atty. Aguirre discovered that Boy in breach of trust and confidence, and for willful
violation of company rules and policies. She
fact had a lot of money which he had been
filed an action for illegal dismissal claiming that
bragging was part of the loot in the crime for her termination was without legal basis. The
which he was acquitted. Knowing that Boy Labor Arbiter found that she was illegally
could no longer be prosecuted on the ground of dismissed and awarded her the amount of Php
double jeopardy, Atty. Aguirre sent him a bill 80 million. On appeal to the National Labor
for his services as his counsel de oficio. Relations Commission (NLRC), the award was
reduced to PhP 40 million as separation pay,
Please give your reasoned comments on the ethical plus PhP 5 million for the value of her stock
considerations involved, if any, in the above case. option plans which would have vested if she
(1994 BAR) were not illegally dismissed from her job.
19

Unsatisfied with the NLRC’s decision, she (d) May Carina’s employer, defendant in this
appealed to the Court of Appeals (CA) the case, be held solidarily liable with Carina for the
amount of monetary award granted by the payment of the attorneys’ fees of Carina’s
NLRC. She engaged the services of Casal, Casos lawyers?
and Associates to handle her appeal. Her
retainer agreement with Casal, Casos and (e) May the intervenors collect legal interest in
Associates provided for contingent fees addition to their attorneys’ fees? (2018 BAR)
equivalent to 10% of her claim for separation
pay and 10% of the value of stock options to be A:
awarded to her.
(a) YES. Rule 20.01 (h) of the Code of Professional
The CA decision was not favorable to Carina, so Responsibility provides the contingency or
she appealed the same to the Supreme Court certainty of compensation as one of the factors in
(the Court). While the case was pending appeal determining fair and reasonable fees. A contingent
with the Court, Carina entered into a fee is intended to enable a poor person to avail of
compromise agreement with her employer to the services of a lawyer to protect his rights or
terminate the case upon payment to her of the redress his grievances.
full amount of PhP 40 million, less the PhP 15
million previously paid to her by her employer. (b) YES. A lawyer is as much entitled to the judicial
Before the compromise agreement was protection against injustice, imposition or fraud on
finalized, Carina terminated the services of the part of the client, as the client against abuse on
Casal, Casos and Associates and asked them to the part of his counsel. Rule 16.03 of the Code of
withdraw from the case pending before the Professional Responsibility permits the registration
Court. The parties negotiated the compromise of a lien although the lawyer concerned does not
agreement without the participation of their finish the case successfully in favor of his client,
lawyers since the employer imposed the because “a lawyer who quits or is dismissed before
condition that no lawyers should be involved in the completion of his task is as much entitled to
the compromise negotiation. She, together with protection of the rule.” (Palanca vs. Pecson, G.R. Nos.
her employer, then filed the Compromise L-6334 and L-6346, February 25, 1954) He may
Agreement for approval by the Court, and enforce his right to his fees by a separate action or
sought the termination of the case, with intervention in the same case he handled. The latter
prejudice. recourse is the better practice since the judge is
already conversant with the nature and extent of
Casal, Casos and Associates filed a motion to his services.
intervene in the case pending with the Court,
praying that Carina be ordered to pay them PhP (c) When a client engages a law firm to represent
4 million, representing 10% of the amount him, his contract is with a law firm and not with the
received by Carina from her employer in individual lawyers. The resignation, illness or
settlement of the case, plus 6% legal interest inability of some of their lawyers will not affect the
from the date of filing of the motion for ability of the law firm to continue its services.
intervention, until fully paid. The intervenors Certainly, it cannot be used to evade payment of
claimed that they were dismissed without attorneys’ fees due to the law firm.
justifiable cause prior to the signing of the
compromise agreement for the reason that (d) If the evidence shows that the employer of
Carina, their client, wanted to evade payment of Carina imposed the “no lawyers in the negotiation
their legal fees. Carina claimed they were of the compromise agreement rule’ because of
dismissed because Attys. Casal and Casos, who connivance in evading payment of Carina’s lawyers,
personally handled her case, had resigned from then the defendant employer should be held
the law firm to join the government, and solidarily liable in the payment of attorneys’ fees to
because of the negligence and failure of her Carina’s lawyers. When the other party to the case
lawyers to attend to her case. is also guilty of fraud in the payment of legal fees,
he becomes a joint tortfeasor and should be held
In reply, the intervenors said that the solidarily liable with Carina. By participating in the
engagement was with the law firm and not with fraud, Carina’s employer also becomes liable even
individual lawyers. The law firm also presented if Casals, Casos and Associates was hired only to
letters signed by their client commending them represent Carina. (Malvar v. Kraft Foods, G.R. No.
for work done well in the case. 183952, September 8, 2013)

(a) May lawyers legally charge their clients (e) Legal interest cannot be imposed on attorney’s
based on contingent fees? fees. This is because even if parties are free to
stipulate the amount of attorney’s fees, the
(b) Should Casal, Casos and Associates be payment of attorneys’ fees is different from
allowed to intervene in the case pending before ordinary obligations and contracts. The Civil Code
the Court in order to collect their fees from provisions on payment of legal rate of interest in
Carina? the event of default apply only to ordinary
obligations and contracts. (Bach v. Ongkiko Kalaw
(c) Can Carina refuse to pay attorneys’ fees on Manhit and Acorda Law Office, G.R. No. 160334,
the ground that the lawyers who personally September 11, 2006)
handled her case had already resigned from the
law firm with which she had contracted? Valid grounds for refusal to serve

20
QuAMTO (1987-2019)
Q: When may refusal of a counsel to act as Q: A, who is charged in Court with estafa for
counsel de oficio be justified on grounds aside misappropriating funds entrusted to him by B,
from reasons of health, extensive travel abroad, consulted Atty. C about the case with the
or similar reasons of urgency? Support your intention of engaging his services as defense
answer. (2001 BAR) counsel. Because A could not afford to pay the
fee that Atty. C was charging him, A engaged the
A: Other justified grounds for refusal to act as services of another counsel, Atty. D. At the trial
counsel de oficio are: of the case for the estafa against A, the
prosecutor announced in open court that his
a. Too many de oficio cases assigned to the next witness was Atty. C, whom he was calling
lawyer (People v. Daeng, 49 SCRA 222); to the witness stand. Counsel for A, Atty. D,
b. Conflict of interest (Rule 14.03, CPR); vigorously opposed the prosecutor’s move on
c. Lawyer is not in a position to carry out the the ground Atty. C may not be called as witness
work effectively or competently (supra); for the prosecution as he might disclose a
d. Lawyer is prohibited from practicing law by would- be client’s confidence and secret. Asked
reason of his public office which prohibits by the presiding Judge what would be the
appearances in court; and nature of Atty. C’s testimony, the prosecutor
e. Lawyer is preoccupied with too many cases said it has something to do with how A obtained
which will spell prejudice to the new clients. from B the funds that the latter received from
the former but failed to account for.
Q: A is accused of robbery in a complaint filed Thereupon, Atty. A vigorously opposed the
by B. A sought free legal assistance from the prosecutor’s motion. If you were the Judge, how
Public Attorney’s Office (PAO) and Atty. C was would you rule on the matter? (1999 BAR)
assigned to handle his case. After reviewing the
facts as stated in the complaint and as narrated A: If I were the judge, I will not allow Atty. C to take
by A, Atty. C is convinced that A is guilty. the witness stand. When A consulted Atty. C about
his case, a lawyer-client relationship was
a. May Atty. C refuse to handle the defense of established between them. It does not matter that
A and ask to be relieved? Explain fully. A did not eventually engage his services because of
b. In problem (a), if the lawyer is counsel de his fees; such relationship has already been created
parte for the accused and he learns later (Hilado v. David,84 Phil 569). A lawyer shall be
after accepting the case and while trial is bound by the rule on privileged communication in
ongoing that his client was indeed the respect to matters disclosed to him by a
perpetrator of the crime, may the lawyer prospective client (Code of Professional
withdraw his appearance from the case? Responsibility, Rule 15.02). The rule on privileged
Why or why not? (2014 BAR) communication provides that an attorney cannot,
without the consent of his client, be examined as to
A: any communication made by the client to him
(Rules of Court, Rule 130, Sec. 21 [b]). The
a. Rule 14.04 of the Code of Professional prosecutor has announced that Atty. C will be
Responsibility provides that a lawyer shall not asked about how A obtained from B the funds that
decline to represent a person solely on account he failed to account for. Atty. C’s knowledge of such
of his own opinion regarding the guilt of the matter could have come only from A.
said person. It is not the duty of a lawyer to
determine whether the accused is guilty or not, Q: In the course of a drinking spree with Atty.
but the judge’s. Besides, in a criminal case, the Holgado who has always been his counsel in
accused is presumed innocent, and he is business deals, Simon bragged about his recent
entitled to an acquittal unless his guilt is sexual adventures with socialites known for
proven beyond reasonable doubt. The role of their expensive tastes. When Atty. Holgado
the lawyer is to see to it that his constitutional asked Simon how he manages to finance his
right to due process is observed. escapades, the latter answered that he has been
b. He may withdraw his appearance but in using the bank deposits of rich clients of Banco
accordance with procedure in Sec. 26, Rule 138 Filipino where he works as manager. Is Simon’s
of the Rules of Court. Moreover, Rule 19.02 of revelation to Atty. Holgado covered by the
the Code of Professional Responsibility provides Attorney-client privilege? (2006 BAR)
that “a lawyer who has received information
that his client has, in the course of the A: Simon’s revelation to Atty. Holgado is not
representation, perpetuated a fraud upon a covered by the lawyer-client privilege. In the first
person or tribunal, shall promptly call upon the place, it was not made on account of a lawyer-client
client to rectify the same, and failing which, he relationship, that is, it was not made for the
shall terminate the relationship with such purpose of seeking legal advice. In the second
client in accordance with the Rules of Court.” place, it was not made in confidence (Mercado v.
Vitriolo, 459 SCRA 1). In the third place, the
CANDOR, FAIRNESS AND attorney-client privilege does not cover
LOYALTY TO CLIENTS information concerning a crime or a fraud being
committed or proposed to be committed.
Privileged communications
Q: Maria and Atty. Evangeline met each other
21

and became good friends at zumba class. One to him by a prospective client.
day, Maria approached Atty. Evangeline for
legal advice. It turned out that Maria, a nurse, Q: Mr. L sought legal advice from his lawyer,
previously worked in the Middle East. So she Atty. M, regarding the possibility of annulling
could more easily leave for work abroad, she his marriage. In the course of their
declared in all her documents that she was still conversation, Mr. L mentioned that he would be
single. However, Maria was already married able to immediately pay Atty. M's legal fees
with two children. Maria again had plans to because he received a huge kickback from a
apply for work abroad but this time, wished to favored supplier in relation to his work as a
have all her papers in order. Atty. Evangeline, member of his Municipality's Bids and Awards
claiming that she was already overloaded with Committee.
other cases, referred Maria’s case to another
lawyer. Maria found it appalling that after Atty. (a) Is the communication made by Mr. L to Atty.
Evangeline had learned of her secrets, the latter M regarding the kickback he received
refused to handle her case. presumed to be confidential? Explain.

Maria’s friendship with Atty. Evangeline (b) What is the duty of a lawyer when, in the
permanently turned sour after Maria filed an course of his representation, he discovers that
administrative case against the latter for failing his client committed fraud upon a person or a
to return borrowed jewelry. tribunal? (2019 BAR)

Atty. Evangeline, on the other hand, threatened A:
to charge Maria with a criminal case for (a) NO the communication made by Mr. L to Atty. M
falsification of public documents, based on the regarding the kickback he received is not presumed
disclosures Maria had earlier made to Atty. to be confidential. Indeed, the relationship between
Evangeline. attorney and client is strictly personal and highly
confidential and fiduciary. However, matters
Was the consultation of Maria with Atty. disclosed by a prospective client to a lawyer are
Evangeline considered privilege? (2015 BAR) only presumed to be confidential when: 1) There is
a prospective attorney-client relationship and it is
A: The consultation of Maria with Atty. Evangeline by reason of this relationship that the client made
is considered privileged. The moment the the communication; 2) The client made the
complainant approached the then receptive communication in confidence; and 3) The legal
respondent to seek legal advice, a veritable lawyer- advice must be sought from the attorney in his
client relationship evolved between the two. Such professional capacity. The third requirement
relationship imposes upon the lawyer certain means that the communication is not intended for
restrictions circumscribed by the ethics of the mere information, but for the purpose of seeking
profession. Among the burdens of the relationship legal advice from his attorney as to his rights or
is that which enjoins the lawyer to keep inviolate obligations. (Jimenez v. Atty. Francisco, A.C. No.
confidential information acquired or revealed 10548, December 10, 2014; Mercado v. Vitriolo, A.C.
during legal consultations. The fact that one is, at No. 5108, May 26, 2005)
the end of the day not inclined to handle the client’s
case is hardly of consequence. Of little moment too, In the instant case, the communication regarding
is the fact that no formal professional engagement the kickback was merely mentioned by Mr. L for the
follows consultation. Nor will it make any purpose of informing Atty. M that he would be able
difference, that no contract whatsoever was to immediately pay the latter's legal fees, and not
executed by the parties to memorialize the for the purpose of obtaining his legal advice
relationship. (Hadjula v. Madianda, A.C. No. 6711, regarding the annulment case he was planning to
July 3, 2007) file.

Q: Assuming that the meeting between Pedro Thus, although there is a prospective attorney-
Tigas and Atty. Chloe in Jollibee Restaurant client relationship between them and the
occurred after the killing of Pepeng Taga, and in communication was made in confidence, the
that meeting Pedro Tigas expressly admitted to information was not given for the purpose of
Atty. Chloe, in strict confidence as his lawyer, seeking legal advice and therefore not covered by
that he had shot Pepeng Taga. Is Atty. Chloe the rule on privileged communication.
ethically bound to reveal the admission of
Pedro Tigas to the police investigator what (b) Under Rule 19.02 of the CPR, the lawyer has the
Pedro Tigas had stated to her at the Jollibee duty to order his client to rectify such fraud. If the
Restaurant? Explain your answer. (2017 BAR) client refuses to do so, the lawyer shall terminate
A: NO. Atty. Chloe is not ethically bound to reveal his relationship with said client in accordance with
the admission of Pedro Tigas to the police the Rules of Court.
investigator. The lawyer-client privilege extends to
revelations of crimes already committed. The law Conflict of Interest
in fact encourages a client to make a full disclosure
of the circumstances relating to the crime for which Q: St. Ivan’s Hospital, Inc. (St. Ivan’s) and allied
he is or may be charged. Rule 15.02 of the Code of Construction Co. (Allied) separately retained
Professional Responsibility provides that a lawyer the legal services of Tomas and Benedicto Law
shall be bound by the rule on privilege Offices. St. Ivan’s engaged the service of Allied
communication in respect of all matters disclosed for the construction of a new building but failed
to pay the contract price after the completion of

22
QuAMTO (1987-2019)
the works. A complaint for sum of money was 84 Phil. 571)
filed by Atty. Budoy, a former associate of
Tomas and Benedicto Law Offices, on behalf of Q: Explain your understanding of “Conflict of
Allied against St. Ivan’s. St. Ivans, lost the case Interests” under the Code of professional
and was held liable to Allied. Responsibility. (2009, 1997, 1993 BAR)

Thereafter, St. Ivan’s filed a disbarment A: A lawyer is prohibited from representing
complaint against Atty. Budoy. It claimed that conflicting interests. There is conflict of interests
while Atty. Budo has established his own law within the context of the rule when, on behalf of
office, an arrangement was made whereby client, it is the lawyer’s duty to contend for that
Tomas and Benedicto Law Offices assign cases which his duty to another client requires him to
for him to handle, and that it can be assumed oppose. Another test is whether the acceptance of a
that Tomas and Benedicto Law Offices new lawyer-client relation will prevent a lawyer
collaborate with Atty. Budo in the cases from discharging fully his duty of undivided fidelity
referred to him, creating a conflict of interest. and loyalty to another client or invite suspicion of
Rule on the complaint with reasons. (2016 BAR) unfaithfulness or double-dealing in the
performance thereof.
A: I will rule in favor of St. Ivan’s and against Atty.
Budoy. St. Ivan’s was a client of Tomas and It is improper for a lawyer to appear as counsel for
Benedicto Law Offices, of which Atty. Budoy was an
one party against his present client even in a totally
associate attorney. As such, St. Ivan’s was also his
unrelated case. With regard to former client, the
client, because of the p rinciple that when a party
traditional rule is to distinguish between related
hires a law firm, he hires all the lawyers therein.
and unrelated cases. A lawyer may not represent a
Moreover, Atty. Budoy was in a position to know
subsequent client against former client in a
the information transmitted by St. Ivan’s to the
controversy that is related, directly or indirectly, to
firm. “There is conflict of interest if the acceptance
the subject matter of the previous litigation in
of a new retainer will require the lawyer to perform which he appeared for the former client, otherwise,
a act which will injuriously affect his new client in he may. However, in the case of Rosacia vs. Atty.B.
any matter in which he represents him, and also Bulalacao, 248 SCRA 665, the Supreme Court ruled
whether he will be called upon in his new relation
that a lawyer may not accept a case against a former
to use against his first client any knowledge
client, even on an unrelated matter.
acquired during their relation” (Hornilla v. Salunat,

453 Phil. 108, July 01, 2003).
The Court reiterates that an attorney owes loyalty

to his client not in the case in which he has
“As such, a lawyer is prohibited from representing
represented him but also after the relation of
new clients whose interests oppose those of a attorney and client has terminated as it is not good
former client in any manner, whether or not they practice to permit afterwards to defend in another
are parties in the same action or on totally case other person against his former client under
unrelated cases. The prohibition is founded on the the pretext that the other case. It behooves
principles of public policy and good taste” (Anglo v. respondent not only to keep inviolate the client’s
Atty. Valencia, A.C. No. 10567, Feb. 25, 2015). confidence but also to avoid the appearance of
treachery and double- dealing for only then can
Q: Mrs. F, a young matron, was referred to you litigants be encouraged to entrust their secrets to
for legal advice by your good friend in
their attorneys which is of paramount importance
connection with the matron’s jewelry business.
in the administration of justice.
She related to you the facts regarding a sale on

consignment of pieces of jewelry to someone Q: Atty. Belle Montes is a former partner in the
she did not name or identify. Since she was Rosales Law Office which is representing
referred to you by a close friend, you did not bill
Corporation X before the Securities and
her for the consultation. Neither did she offer to
Exchange Commission. Atty. Montes who is now
compensate you. Six months later, Mrs. G, the
practicing on his own, entered her appearance
wife of the general manager of a client company
as counsel for Corporation Y in a suit between
of your law firm, asked you to defend her in a said corporation and Corporation X. Atty.
criminal case for estafa filed by Mrs. F. Would Montes claims that since she did not personally
you agree to handle her case? (1997 BAR) handle the case of Corporation X when she was
still with the Rosales Law Office, she will not be
A: First, I will inquire if the case for estafa filed by representing conflicting interests. Is such
Mrs. F against the wife of the general manager is argument valid? Explain. (1992 BAR)
the same matter concerning which Mrs. F consulted
me six months before. If it is a same matter, I will
A: Atty. Belle Montes will be deemed to be appearing
not be able to handle the case for the general
for conflicting interests if she appears for
manager’s wife, because of a conflict of interests.
Corporation Y against Corporation X.
When Mrs. F consulted me and I give her

professional advice, a lawyer- client relationship
This question is similar to the case of Philippine
was created between us, regardless of the fact that Blooming Mills vs. Court of Appeals. In said case, the
I was not compensated for it. It would involve a
Philippine Blooming Mills was the retainer of the
conflict of interests if I will handle the case for the
ACCRA Law Office. Three lawyers of the ACCRA Law
opposite party on the same matter. (Hilado v. David, Office separated from said law firm and established
23

their own law office. The three lawyers were been scheduled. Would you accept the offer?
disqualified from appearing for a corporation (1997 BAR)
against the Philippine Blooming Mills.
A: It depends. If the criminal case for homicide
The rule which prohibits appearing for conflicting through reckless imprudence is against Mr. “H”, I
interests applies to law firms. The employment of cannot accept the same for that will involve a conflict
one member of a law firm is considered as an of interest, although it is an unrelated case.
employment of the law firm and that the
employment of a law firm is equivalent to a retainer But if it will not involve Mr. “H”, I can accept the
of the members thereof. same. However, to avoid suspicion and
misunderstanding, it would be better if I inform Mr.
Q: R is a retained counsel of ABC Bank- Ermita “H” about the offer and secure his conformity to my
Branch. One day, his balik bayan compadre, B, handling the same. t is unprofessional for a lawyer to
consulted him about his unclaimed deposits represent conflicting interests, except by express
with the said branch of ABC Bank, which the consent of all concerned given after full disclosure of
bank had refused to give to him claiming that the the fact (Canons of Professional Ethics, Canon 6). A
account had become dormant. R agreed to file a lawyer cannot accept a case against a present client
case against the bank with the Regional Trial either in the same case or in a totally unrelated case.
Court (RTC) of Manila. B lost the case, but upon
the advice of R, he no longer appealed the Q: Atty. Juan Cruz, a practicing lawyer, was
decision. B later discovered that R was the employed by Pilipinas Bank as its bank attorney
retained counsel of ABC Bank-Ermita Branch. and notary public in three of its branches in
Does B have any remedy? Discuss the legal and Manila. While thus employed, Maria del Rio, who
ethical implications of the problem. (2014 BAR) was unaware of Atty. Cruz’s employment in the
bank, engaged Atty. Cruz’s services as a lawyer in
A: Atty. R clearly violated the rule against a case that was filed by Pilipinas Bank for
representing conflicting interests (Rule 15.03, Code collection of sums of money involving one of its
of Professional Responsibility). B may file an action to branches in Quezon City which Atty. Cruz
set aside the judgment on the theory that if a lawyer accepted. The Quezon City Regional Trial Court,
is disqualified from appearing as counsel for a party after due proceeding and hearing, rendered
on account of conflict of interests, he is presumed to judgment in favor of Pilipinas Bank and against
have impropriety and prejudicially advised and Maria del Rio who wanted to appeal the adverse
represented the party in the conduct of the litigation judgment. But upon advice of Atty. Cruz, the
from beginning to end. He may also file an action for adverse judgment was not appealed. Thereafter,
damages against Atty. R, aside from an Maria del Rio learned Atty. Cruz was employed
administrative complaint due to his misconduct. He by Pilipinas Bank as one of its attorneys. She now
was prejudiced by the adverse decision against him, consults with you and asks you to take legal steps
which he no longer appealed upon the advice of Atty. against Atty. Cruz for his apparent misconduct.
R. What do you think of what Atty. Cruz did? Is there
a valid an legal basis to discipline him? (2006,
Q: You are the counsel for the estate of a 1999 BAR)
deceased person. Your wife is a practicing
Certified Public Accountant. She was asked by A: In agreeing to represent Maria del Rio in a case
her client to prepare and submit an itemized which Pilipinas Bank filed against her, Atty. Cruz
claim against the estate you are representing. violated the rule against representing conflicting
She asks for your advice on the legal propriety of interests. Rule 15.03 of the Code of Professional
her client’s claim. What advice would you give Responsibility provides that a lawyer shall not
her? Explain. (2003 BAR) represent conflicting interests except by written
consent of all concerned after a full disclosure of
A: I would advise her that it will be improper for her the facts.
to handle her client’s claim against the estate. As a
counsel for the estate, it is my duty to preserve the It is improper for a lawyer to appear as counsel for
estate. Her client’s claim seeks to reduce the said a person whose interest conflicts with that of his
estate. If she will handle such claim, I can be present or former client, even in an unrelated case
suspected of representing conflicting interests. The (Philippine National Bank v. Cedo, 243 SCRA 1). It
interests of the estate and of its creditors are adverse does not matter that the Pilipinas Bank branch in
to each other (Nakpil v. Valdez, 288 SCRA 75). Even if Quezon City is not one of the branches he services
she is a different person, the fact that she is my wife in Manila. The bank itself is his client. This
will still give rise to the impression that we are acting constitutes malpractice for which Atty. Cruz can be
as one. disciplined.

Q: You are the lawyer of Mr.”H”, the plaintiff, in a Q: Huey Company and Dewey Corporation are
civil case for rescission of contract. The both retainer clients of Atty. Anama. He is the
prospects for an amicable settlement look Corporate Secretary of Huey Company. He
bright. Impressed by your ability, Mr. “I”, the represents Dewey Corporation in three
defendant, would like very much to retain you as pending litigation cases. Dewey Corporation
his defense counsel in a criminal case for wants to file a civil case against Huey Company
homicide through reckless imprudence. and has requested Atty. Anama to handle the
case. What are the options available to Atty.
Mr. “I” wants you to forthwith enter your Anama? Explain your answer. (1993 BAR)
appearance, the arraignment already having

24
QuAMTO (1987-2019)
A: The options available to Atty. Anama are: consequence, Atty. Derecho terminated their
relationship and withdrew from the case. Was
1. To decline to accept the case because to do so Atty. Derecho right in terminating their
will constitute representing conflicting relationship and withdrawing from the case?
interests. It is unethical for a lawyer to How about the fact that he had already accepted
represent a client in a case against another a sizeable retainer’s fee from his client? Discuss
client in the said case. fully. (1995 BAR)

2. To accept to file the case against Huey Company, A: Atty. Derecho was right in terminating the
after full disclosure to both retained clients and lawyer-client relationship and withdrawing from
upon their express and written consent. The the case. Rule 22.01 of the Code of Professional
written consent may free him from the charge of Responsibility provides that a lawyer may withdraw
representing conflicting interests, because his services when the client pursues an illegal or
written consent amounts to a release by the immoral course of conduct in connection with the
clients of the lawyer’s obligation not to matter he is handling, or when the client insists that
represent conflicting interests. the lawyer pursue conduct violative of the canons
and rules. Rule 15.07 provides that a lawyer shall
Q: Atty. Japzon, a former partner of XXX law impress upon his client compliance with the laws
firm, is representing Kapuso Corporation in a and the principles of fairness. While he owes his
civil case against Kapamilya Corporation whose client warm zeal, it should always be within the
legal counsel is XXX law firm. Atty. Japzon bounds of the law (Code of Professional
claims that she never handled the case of Responsibility, Canon 19). The fact that Atty.
Kapamilya Corporation when she was still with Derecho had already accepted a sizeable retainer’s
XXX law firm. Is there a conflict of interests? fee should make no difference on his decision to
Explain. (2005 BAR) withdraw. Moreover, he may retain the fees he has
already received, his withdrawal being justified
A: There is a conflict of interests when a lawyer (Pineda, Legal & Judicial Ethics, 1994 edition, p. 223),
represents inconsistent interests. This rule covers unless the same is unconscionable.
not only cases in which confidential
communications have been confided, but also those Q: What are the three (3) tests to determine
in which no confidence has been bestowed or will conflict of interest for practicing lawyers?
be used. Explain each briefly. (2009 BAR)

Also, there is conflict of interests if the new retainer A:
will require the attorney to perform an act which
will injuriously affect his first client in any matter 1. When in representation of one client, a lawyer
in which he represents him and also whether he is required to fight for an issue or claim, but is
will be called upon in his new relation to use against also duty bound to oppose it for another client;
his first client any knowledge acquired through 2. When the acceptance of the new retainer will
their connection (Santos vs. Beltran, 418 SCRA 17). require an attorney to perform an act that may
Since Atty. Japzon was a partner of the XXX law firm injuriously affect the first client or when called
which has Kapamilya Corporation as its client, she upon in a new relation to use against the first
cannot handle a case against it as such will involve client any knowledge acquired through their
conflict of interests. professional connection; and
3. When the acceptance of a new relation would
The employment of a law firm is equivalent to the prevent the full discharge of an attorney’s duty
retainer of the members thereof. It does not matter to give undivided fidelity and loyalty to the
if Atty. Japzon never handled a case of the client or would invite suspicion of
Kapamilya Corporation when she was still with the unfaithfulness or double-dealing in the
XXX law firm. performance of that duty. (Northwestern
University v. Arquillo, 415 SCRA 513, 2005)
Representation with zeal within legal bounds
CLIENT’S MONEYS AND PROPERTIES
Q: Winnie retained the services of Atty. Derecho
to file a collection case against Carmen. Winnie Fiduciary relationship
paid Atty. Derecho a sizeable retainer’s fee
which the latter accepted. Later, in the process Q: A lawyer charged his client P10, 000.00 for
of determining the amount of debt to be filing fees pertaining to the complaint he filed
collected from Carmen, Atty. Derecho noticed in court. He actually spent only P1, 001.01. He
that of the total claim of 8.5 million, certain did not account the balance. May his client
invoices covering 3.5 million appeared to be charge him for misconduct as a member of the
irregular. Winnie while admitting the Philippine bar? Explain your answer. (1990
irregularity assures her lawyer that there BAR)
would be no problem as Carmen was by nature
negligent in keeping her records and would not A: The client may charge his lawyer with
notice the mistakes anyway. Atty. Derecho tried misconduct for not accounting for the balance on
to convince Winnie to exclude the amount of P9, 000.00. It is well-settled that where the client
3.5 million but Winnie refused. As a gives his lawyer money for a specific purpose, such
25

as to pay the docket fees for the filing of an action to give the money to her (C). C thus filed a case
in court, so much of the money not used for the against the barangay captain who at once
purpose belongs to the client and the lawyer holds remitted the amount of P2,000.00 to C. May the
in it trust for him. And it is the lawyer’s duty to barangay captain be faulted administratively?
promptly account for all money received from his Explain. (2000 BAR)
client. For this reason, the lawyer’s failure to
account for the balance of the money not spent for A: YES. The Code of Professional Responsibility
filing fees will render him liable for applies to lawyers who are in the government
misappropriation, which is a ground for service. As a general rule, a lawyer who holds a
disbarment. government office may not be disciplined as a
member of the bar for misconduct in the discharge
Client’s moneys and properties; Fidelity to of his office as a government official. However, if
client’s cause that misconduct as a government official is of such
character as to affect his qualification as a lawyer
Q: C engaged the services of attorney D or to show moral delinquency, then he may be
concerning various mortgage contracts entered disciplined as a member of the bar on such ground
into by her husband from whom she is (Dinsay v. Ctoco, 264 SCRA 703 [1996]). In the case
separated fearful that her real estate of Penticostes v. Ibanez, 304 SCRA 281 [1999], a
properties will be foreclosed and of impending barangay captain who failed to remit for several
suits for sums of money against her. Attorney D months the amount given to him for payment of an
advised C to give him her land titles covering obligation, was found to have violated the Code of
her lots so he could sell them to enable her to Professional Conduct.
pay her creditors. He then persuaded her to
execute deeds of sale in his favor without any Q: Marlyn, a widow engaged the services of Atty.
monetary or valuable consideration, to which C Romanito in order to avert the foreclosure of
agreed on condition that he would sell the lots several parcels of land mortgaged by her late
and from the proceeds pay her creditors. Later husband to several creditors. Atty. Romanito
on, C came to know that attorney D did not sell advised the widow to execute in his favor deeds
her lots but instead paid her creditors with his of sale over the properties, so that he could sell
own funds and had her land titles registered in them and generate funds to pay her creditors.
his name. Did attorney D violate the Code of The widow agreed. Atty. Romanito did not sell
Professional Responsibility? Explain. (2009, the properties, but paid the mortgage creditors
2007 BAR) with his own funds, and had the land titles
registered in his name. Atty. Romanito
A: The decision of the Supreme Court in the succeeds in averting the foreclosure. Is he
case of Hernandez v. Go (450 SCRA 1) is squarely administratively liable? Reasons. (2009 BAR)
applicable to this problem. Under the same set
of facts, the Supreme Court held the lawyer to A: YES, Atty. Romanito is administratively liable.
have violated Canons 16 and 17 of the Code of The basic facts in this case are the same as the facts
Professional Responsibility, which provide as in Hernandez v. Go (450 SCRA 1 [2005]), where the
follows: Supreme Court found the lawyer to have violated
Canons 16 and 17 of the Code of Professional
Canon 16. A lawyer shall hold in trust all moneys Responsibility, and disbarred him. The Supreme
and properties of his client hat may come into his Court held that a lawyer’s acts of acquiring for
possession. himself the lots entrusted to him by his client are,
by any standard, acts constituting gross
Canon 17. A lawyer owes fidelity to the cause of his misconduct. The lawyer in that case was disbarred.
client and he shall be mindful of the trust and
confidence reposed in him. FIDELITY TO CLIENT’S CAUSE

The Supreme Court further held that the lawyer Competence and diligence
concerned has engaged in deceitful, dishonest,
unlawful and grossly immoral acts, which might a. Adequate protection
lessen the trust and confidence reposed by the
public in the fidelity, honesty, and integrity of the Q: X was indicted for murder. As he had no
legal profession, consequently, the Court disbarred counsel on arraignment, the trial court
him. appointed Atty. A as his counsel de oficio. When
Atty. A asked X what was his stand, X said he was
Delivery of Funds guilty. X thereupon pleaded guilty. Trial was
thereafter conducted. When the turn of the
Q: D was charged with estafa by C before the defense to present evidence came, Atty. A
barangay for misappropriating the proceeds of manifested that he was not presenting any and
sale of jewelry on commission. In settlement of that he was submitting the case for decision,
the case, D turned over to the barangay captain, praying that X’s plea be considered mitigating.
a lawyer, the amount of P2,000.00 with the Did Atty. A’s assistance or conduct approximate
request that the barangay captain turn over the the competence and diligence which the Code of
money to C. Several months passed without C Professional Responsibility expected of him?
being advised of the status of her complaint. C Explain. (2000 BAR)
contacted D who informed her that she (D) had
long before turned over the amount of P2, A: NO. It is the duty of defense counsel when his
000.00 to the barangay captain who undertook

26
QuAMTO (1987-2019)
client desires to enter a plea of guilty to fully by the mistake of his counsel.
acquaint himself with the facts and surrounding b. On account of his mistake, is counsel liable
circumstances of the case, advise his client of his to his client for damages? Explain. (2002
constitutional rights and the full import of a plea of BAR)
guilty, see to it that the prescribed procedure is
observed, present evidence, including possible A:
mitigating circumstances, so that the precise a. A client is bound by the mistakes of his lawyer
degree of his client's culpability is established and [Cabales v. fiery, 94 SCRA 374 (1979); Valerio v.
the appropriate penalty is imposed, and thus leave Secretary of Agriculture, 7 SCRA 719(1963)].
no room for doubt that there was a mistake or However, when the lawyer has practically sold
misunderstanding as to the nature of the charges to his client down the river or when the
which his client has pleaded guilty. Atty. A has negligence is so gross that the client was
fallen short of this required conduct. deprived of due process, the client is not
bound by the negligence of the lawyer [PHHC
b. Negligence v. Tiongco, 12 SCRA 471(1964); San Miguel
Corp. v. Laguesma, 236 SCRA 595(1994)]
Q: Nene approached Atty. Nilo and asked him if b. A lawyer shall not neglect a legal matter
it was alright to buy a piece of land which entrusted to him and his negligence in
Maneng was selling. What was shown by connection therewith shall make him liable
Maneng to Nene was an Original Certificate of (Rule 18.03, Code of Professional
Title with many annotations and old patches, to Responsibility). A client who suffers prejudice
which Nene expressed suspicion. However, by reason of his counsel’s inexcusable
Atty. Nilo, desirous of pushing through with the negligence in the discharge of his duty may file
transaction because of the high notarial fee an action for damages against him. However,
promised to him, told Nene that the title was there must be a showing that had the lawyer
alright and that she should not worry since he is exercised due diligence, the client under the
an attorney and that he knew Maneng well. He facts and the law would have succeeded in
notarized the Deed of Sale and Nene paid recovering from the adverse party or in
Maneng P 108,000.00. It turned out that resisting the claim of the latter.
Maneng had previously sold the same property
to another person. For the injustice done to c. Collaborating counsel
Nene, may Atty. Nilo be disciplined? (1998 BAR)
Q: May a client hire additional counsel as
A: YES. Atty. Nilo is guilty of gross neglince in collaborating counsel over and above the
protecting the interest of his client. A lawyer shall objection of the original counsel? (2014, 1989
not neglect a legal matter entrusted to him and his BAR)
negligence in connection therewith shall render
him liable (Rule 18.03, Code of Professional A: YES, the client is entitled to have as many
Responsibility). Worse, he was negligent because he lawyers as he can afford. Professional courtesy,
placed his own interest in receiving a high notarial however, demands that a lawyer retained as a
fee over and above the interest of his client. In the collaborating counsel should at least communicate
case of Nadayag v. Grageda, 237 SCRA 202, which with the original counsel and should at least
involves similar facts, the Supreme Court held that communicate with the original counsel before
the lawyer "should have been conscientious in entering his appearance. On the part of the original
seeing to it that justice permeated every aspect of a counsel, he should not look at the employment of a
transaction for which his services had been collaborating counsel as a loss of confidence in
engaged, in conformity with the avowed duties of a him.
worthy member of the Bar."
Q: Atty. A objects to the collaboration of Atty. B
Q: May a lawyer be held liable for damages by as proposed by Client C in a pending case. How
his client for the lawyer’s failure to file the would A, B and C handle the situation? (2001
necessary pleadings to prosecute the client’s BAR)
case and as a result of which the client suffered
damages? (2014 BAR) A: A, B, and C may handle the situation in the
following manner:
A: YES, he may be held liable. Rule 18.03 of the Code a. "A" can offer to withdraw his services. Rule
of Professional Responsibility provides that “a 22.01(c) of the Code of Professional
lawyer shall not neglect a legal matter entrusted to Responsibility allows a lawyer to withdraw his
him, and his negligence in connection therewith services if his inability to work with co-counsel
shall render him liable.” But attorney-client will not promote the best interest of his client.
relationship, want of reasonable care and diligence, Here, by objecting to the collaboration of Atty.
and injury sustained by the client as the proximate B, Atty. A foresees his inability to work with the
result thereof, are the prerequisites to the former. “A” may with withdraw to give his client
maintenance of an action for damages against a a free hand in protecting his interest.
lawyer. b. "B" should refuse to accept the case, otherwise,
he may be encroaching on the professional
Q: employment of another lawyer. A lawyer
a. State the rule on whether a client is bound should decline association as colleague if it is
27

objectionable to the original counsel, but if the learned during the professional engagement is
lawyer first retained is relieved, another may when such confidential information is used to
come into the case (Canon 7, Canons of defend the lawyer. (Rule 21.01, Canon 21, Code of
Professional Ethics). Professional Responsibility) The disclosures made
c. "C" the client must choose only one of the by Atty. Miriam does fall within the aforesaid
lawyers. If he wants Atty. B as his lawyer, he exceptions because the statements made in the
should formally terminate the services of "A" so counter-affidavit are irrelevant to her defense in
"B" can formally enter his appearance in the the criminal case filed against her for violation of
case. the Bouncing Checks Law.

Q: Atty. Miriam rents her office space in a REPRESENTATION WITH ZEAL
building owned by Winston. Eventually, Atty. WITHIN LEGAL BOUNDS
Miriam became Winston's regular legal
counsel. Because of their good relationship, Use of fair and honest means
Atty. Miriam did not hesitate to borrow money
from Winston. Atty. Miriam issued postdated Q: Under Canon 19 of the Code of Professional
checks covering the interest of her loans. Responsibility, "a lawyer shall represent his
Unfortunately, Atty. Miriam failed to pay her client with zeal within the bounds of the law."
obligations to Winston. Her postdated checks How far, in general terms, may a lawyer go in
with Winston also bounced. Hence, he filed a advocating, supporting and defending the
criminal case for violation of the Bouncing cause of his client in a criminal case filed
Checks Law against her. against the latter? (2003, 1997 BAR)

In her counter-affidavit, Atty. Miriam averred A: The right to counsel must be more than just the
that Winston was "a businessman who is presence of a lawyer in the courtroom or the mere
engaged in the real estate business, trading and propounding of standard questions and objections.
buy and sell of deficiency taxed imported cars, The right to counsel means that the accused is
shark loans and other shady deals and has simply accorded legal assistance extended by a
many cases pending in court." counsel who commits himself to the cause of the
defense and acts accordingly. The right assumes an
Hurt by the allegations, Winston filed a active involvement by the lawyer in the
disbarment complaint against Atty. Miriam proceedings, particularly at the trial of the case, his
arguing that her allegations in the counter- bearing constantly in mind the basic rights of the
affidavit constituted a breach of their accused, his being well-versed on the case, and his
confidential lawyer-client relationship. knowing the fundamental procedure, essential
laws and existing jurisprudence. The right of an
Discuss whether or not the disclosures in Atty. accused to counsel finds substance in the
Miriam's counter-affidavit constitute a breach performance by the lawyer of his sworn duty of
of fidelity towards her client. (2017 BAR) fidelity to his client. Tersely put, it means an
efficient and truly decisive legal assistance and not
A: The disclosures in Atty. Miriam’s affidavit does a simple perfunctory representation. (People v.
not constitute a breach of fidelity towards her Bemas, 306 SCRA 293 [1999], cited in People v. Sta.
client Winston. Canon 21, Rule 21.01 of the Code of Teresa, 354 SCRA 697 [2001]). However, a lawyer
Professional Responsibility provides that a lawyer shall employ only honorable and honest means in
shall not reveal the confidences or secrets of his the maintenance of his client’s cause. (Section 20,
clients except when “necessary to defend himself, Rule 128)
his employee or associates or by judicial action.” By
filing a complaint against his attorney, a client Client’s fraud
waives the attorney-client privilege in favor of his
lawyer who may disclose or use so much of his Q: Atty. A discovered his client's fraud against
client’s confidences as may be necessary to protect the adverse party. What steps should he take so
himself. In Genato v. Silapan, the Court held that the that his client will secure only that which is
privilege against disclosure of confidential legally and justly due him? (2001 BAR)
communications or information is limited only to
communications which are legitimately and A: A lawyer who has received information that his
properly within the scope of a lawful employment client has, in the course of the representation,
of a lawyer; it does not extend to those made in perpetrated a fraud upon a person or tribunal, shall
contemplation of a crime or perpetuation of a promptly call upon the client to rectify the same,
fraud. However, the disclosures in Atty. Miriam’s and failing which he shall terminate the
counter-affidavit do not seem to be necessary to relationship with such client in accordance with
protect herself in the criminal case filed against the Rules of Court (Rule 19.02, Code of Professional
her. (Genato vs. Atty. Silapan, A.C. No. 4078, July 14, Conduct).
2003)
Attorney’s Fees
Alternative Answer:
a. Contingency fee arrangements
A: The disclosures made by Atty. Miriam
constitutes a breach of fidelity towards her client, Q: For services to be rendered by Atty. Hamilton
Winston. While it is true that an exception to the as counsel for Gener in a civil case involving the
confidentiality rule, or an instance where the recovery of the ownership and possession of a
lawyer could divulge the secrets of his client

28
QuAMTO (1987-2019)
parcel of land with an area of 5,000 square Meanwhile, the spouses Rivera filed on
meters, the two of them agreed on a success fee November 10, 2014 before the RTC a case for
for Atty. Hamilton of P50,000.00 plus 500 quieting of title against the spouses Manuel,
square meters of the land. The trial court docketed as Civil Case No. 2222. The spouses
ultimately rendered judgment in favor of Manuel, again through Atty. Enriquez, filed a
Gener, and the judgment became final and motion to dismiss Civil Case No. 2222 on the
executory. After receiving P50,000.00, Atty. ground of res judicata given the final judgment
Hamilton demanded the transfer to him of the in Civil Case No. 1111.
promised 500 square meters of the land.
Pending the resolution of the motion to dismiss
Instead of complying, Gener brought an in Civil Case No. 2222, the RTC granted on
administrative complaint charging Atty. February 9, 2015 the motion for issuance of a
Hamilton with violation of the Code of writ of execution in Civil Case No. 1111 and
Professional Responsibility and Art. 1491(5) of placed the spouses Manuel in possession of the
the Civil Code for demanding the delivery of a land. Atty. Enriquez, based on a purported oral
portion of the land subject of the litigation. agreement with the spouses Manuel, laid claim
to ½ of the land, measuring 100,000.00 square
Is Atty. Hamilton liable under the Code of meters with market value of P1,750,000.00, as
Professional Responsibility and the Civil Code? his attorney’s fees.

Explain your answer. (2017, 2010 BAR)
Atty. Enriquez caused the subdivision of the

land in two equal portions and entered into the
A: NO. Atty. Hamilton is not liable for violation of
half he appropriated for himself. Based on the
the Code of Professional Responsibility and the
professional and ethical standards for lawyers,
Civil Code. The agreement on a success fee of
may Atty. Enriquez claim ½ of the land as his
P50,000.00 and 500 sq. m. of the land involved in
contingency fee? Why? (2015 BAR)
the case is valid. The parties entered into a

contingent fee contract that is allowed under Canon
A: Atty. Enriquez may not claim ½ of the land as
20, Rules 20.01 of the Code of Professional
his contingency fee. In the first place, a lawyer
Responsibility and Canon 13 of the Code of
cannot charge his client a contingent fee or a
Professional Ethics.
percentage of the amount recovered as his fees in

the absence of an express contract to that effect
A contract for a contingent fee is not covered by
(Corpus v. Court of Appeals, G.R. No. L-40424, June
Article 1491 because the transfer or assignment of
30, 1980, 98 SCRA 424). There is no such contract
the property in litigation takes effect only after the
in this case. As a matter of fact, the claim of a
finality of a favorable judgment. (Director of Lands
v. Ababa, G.R. No. L-26096 February 27, 1979) purported oral agreement for a contingency fee of
½ of the land is contradicted by the allegation in
Q: The spouses Manuel were the registered the Complaint in Civil Case No. 1111 for a
owners of a parcel of land measuring about contingency fee of P200,000.00 only.

200,000 square meters. On May 4, 2008, the
Moreover, the amount claimed as contingent fee
spouses Manuel sold the land for P3,500,000.00
appears to be excessive and unreasonable. The
to the spouses Rivera who were issued a
certificate of title for said land in their names. issue involved in the case was simple and did not
require extensive skill, effort and research on the
Because the spouses Rivera failed to pay the
part of Atty. Enriquez.
balance of the purchase price for the land, the

spouses Manuel, through Atty. Enriquez,
Furthermore, Atty. Enriquez caused the division of
instituted an action on March 18, 2010 before
the land and appropriate one half thereof, pending
the Regional Trial Court (RTC) for sum of money
resolution of the motion to dismiss in Civil Case No.
and/or annulment of sale, docketed as Civil
2222. This constitutes a violation of Article 1491 of
Case No. 1111. The complaint in Civil Case No.
the New Civil Code, because the case in which the
1111 specifically alleged that Atty. Enriquez
property is involved has not yet been terminated.
would be paid P200,000.00 as attorney’s fees on
(The Conjugal Partnership of the Spouse Cadavedo
contingent basis. The RTC subsequently
v. Victorino T. Lacaya, G.R. No. 173188, January 15,
promulgated its decision upholding the sale of
2014)
the land to the spouses Rivera. Atty. Enriquez
timely filed an appeal on behalf of the spouses
Manuel before the Court of Appeals. The Q: Atty. CJ handled the case for plaintiff GE
appellate court found for the spouses Manuel, against defendant XY in an action for damages.
declared the sale of the land to the spouses Judgment was rendered for plaintiff GE. When
a writ of execution was issued, the sheriff
Rivera null and void, and ordered the
levied on a 400 square meter lot of defendant
cancellation of the spouses Rivera’s certificate
XY. Pursuant to their contingent fee contract,
of title for the land. The Supreme Court
plaintiff GE executed a deed of assignment in
dismissed the spouses Rivera’s appeal for lack
favor of Atty. CJ of one-half of the lot. Atty. CJ
of merit. With the finality of judgment in Civil
Case No. 1111 on October 20, 2014, Atty. accepted the assignment.

Enriquez filed a motion for the issuance of a
Is the contract for contingent fee valid?
writ of execution.
Explain. (2002 BAR)

29

20.01 (f) of the CPR. A much higher compensation is
A: Contract for contingent fee is a contract wherein allowed as contingent fees in consideration of the
the attorney’s fee, usually a percentage of what risk that the lawyer will get nothing if the suit fails.
may be recovered in the action, is made to depend In several cases, the Supreme Court has indicated
upon the success of the lawyer in enforcing or that a contingent fee of 30% of the money or
defending his client’s right. It is a valid contract, property that may be recovered is reasonable.
unlike a champertous contract which is invalid Moreover, although the developer settled the case,
because the lawyer undertakes to shoulder the it was after the case was decided by the Regional
expenses of the litigation. However, the amount of Trial Court in favor of Chester, which shows that
the fee agreed upon may be reduced by the courts Atty. Laarni has already rendered service to the
if it should be unconscionable. Fifty percent (50%) client.
of what the client might recover may or may not be
unconscionable depending on the factors to be ALTERNATIVE ANSWER:
considered in determining the reasonableness of
an attorney's fee. Chester’s refusal to pay Atty. Laarni P150 million as
attorney’s fees on the ground that it is excessive, is
Q: Atty. A’s services as a lawyer were engaged justified. In the case of Sesbreno v. Court of Appeals
by B to recover from C certain construction (245 SCRA 30 [1995]), the Supreme Court held that
materials and equipment. Because B did not “contingent fee contracts are under the supervision
have the means of defray the expenses of and close scrutiny of the court in order that clients
litigation, he proposed to Atty. A that he (A) may be protected from unjust charges” and that “its
shoulders all expenses of the litigation and he validity depends on a large measure on the
(B) would pay him (A) a portion of the reasonableness of the stipulated fees under the
construction materials and equipment to be circumstances of each case.” Also, “stipulated
recovered as compensation for his attorney’s fees are unconscionable whenever the
professional services. May Atty. A correctly amount is by far so disproportionate compared to
agree to such arrangement? (1999 BAR) the value of the services rendered as to amount to
fraud perpetuated against the client.” Considering
A: NO. Atty. A may not correctly agree to such an the circumstances that the case was decided by
agreement. settlement of the property developer, the
attorney’s fee of P150 Million would be
Such an arrangement would constitute a unconscionable.
champertous contract which is considered void
due to public policy, because it would make him b. Attorney’s Liens
acquire a stake in the outcome of the litigation
which might lead him to place his own interest Q: M engaged the services of Atty. D to
above that of the client (Bautista v. Gonzales, 182 prosecute his annulment of marriage case in
SCRA 151). A champertous contract is one in which the Regional Trial Court (RTC). After a long-
a lawyer undertakes to prosecute a case, and bear drawn trial, Atty. D was able to secure a
all the expenses in connection therewith without favourable judgment from the court.
right of reimbursement, and will be paid his fees by Unfortunately, M failed to pay in full the
way of a portion of the property or amount that stipulated attorney’s fees of Atty. D. How can
may be recovered, contingent on the success of his Atty. D collect his fees from M? Discuss fully.
efforts. It is different from a contingent fee (2014 BAR)
contract, which is valid, in which the lawyer will
also be paid depending on the success of his efforts, A: He can allot his fees either by filing a motion in
but he does not undertake to shoulder all the the annulment of marriage case that he handled,
expenses in the case. He may advance such and to order M to pay the same, or he can file a
expenses but always subject to reimbursement by separate action for the recovery of his attorney’s
his client. fees. Of the two, the first is preferable because the
judge in the annulment case will be in a better
Q: Chester asked Laarni to handle his claim to a position to evaluate the amount and value of his
sizeable parcel of land in Quezon City against a services. In the meantime, he may avail of the
well-known property developer on a retaining lien, which is to retain the moneys and
contingent fee basis. Laarni asked for 15% of properties of M in his possession until he is paid for
the land that may be recovered or 15% of his services, or a charging lien, which is to charge
whatever monetary settlement that may be the money judgment in the case for the payment of
received from the property developer as her his fees.
only fee contingent upon securing a favorable
final judgment or compromise settlement.
Q: Define an attorney's retaining lien. (2000,
Chester signed the contingent fee agreement.
1998 BAR)
Assume the property developer settled the case
after the case was decided by the Regional Trial A: A retaining lien is the right of an attorney to
Court in favor of Chester for P1 Billion. Chester retain the funds, documents, and papers of his
refused to pay Laarni PI50 Million on the client which have lawfully come into his possession
ground that it is excessive. Is the refusal until his lawful fees and disbursements have been
justified? Explain. (2008 BAR) paid, and to apply such funds to the satisfaction
thereof. (Sec. 37, Rule 138, Rules of Court)
A: The refusal of Chester to pay is unjustified. A
contingent fee is impliedly sanctioned by Rule Q: Upon being replaced by Justice C, Atty. B, the

30
QuAMTO (1987-2019)
former counsel of the parents of the victims of the annulment of the sale of a piece of land.
the OZONE Disco tragedy, was directed to Assume the vendee obtained a summary
forward all the documents in his possession to judgment against the vendor. Would the
Justice C. Atty. B refused, demanding full counsel for the defendant vendee be entitled to
compensation pursuant to their written enforce a charging lien? Explain. (2008 BAR)
contract. Sensing that a favorable Judgment was
forthcoming, Atty. B filed a motion in court A: A charging lien, to be enforceable as security for
relative to his attorney’s fees, furnishing his payment of attorney’s fees, requires as a condition
former clients with copies thereof. sine qua nona judgment for money and execution
in pursuance of such judgment secured in the main
Is Atty. B legally and ethically correct in action by the attorney in favor of his client
refusing to turn over the documents and in (Metropolitan Bankv. Court of Appeals,181 SCRA 367
filing the motion? Explain. (1998 BAR) [1990]). A summary judgment against the vendor in
this case only means that his complaint was
A: Atty. B is legally and ethically correct in refusing dismissed. This is not a judgment for payment of
to turn over the documents. He is entitled to a money; hence, a charging lien cannot attach.
retaining lien which gives him the right to retain the However, if the judgment should include a money
funds, documents and papers of his client which judgment in favor of the vendee on his
have lawfully come to his possession until his counterclaim, a charging lien can properly be
lawful fees and disbursement have been paid (Sec. enforced.
37, Rule 138. Rules of Court. Rule 16.03, Code of
Professional Responsibility). Likewise, he is legally Q: Differentiate “retaining lien” from “charging
and ethically correct in filing a motion in court lien” (2016 BAR)
relative to his fees. He is entitled to a charging lien
upon all judgments for the payment of money, and A: A retaining lien gives the lawyer the right to
executions issued in pursuance of such judgments, retain the funds, documents and papers of the
which he has secured in a litigation of his client, client which have lawfully come into his
from and after the time when the records of the possession, until his lawful fees and disbursements
court rendering such judgment or issuing such have been paid. A charging lien is a lien upon all
execution (Ibid.) judgments for payment of sum of money and
executions thereof, to ensure payment of his fees
Q: Harold secured the services of Atty. Jarencio and disbursements in the said case.
to collect from various debtors. Accordingly.
Atty. Jarencio filed collection cases against the A retaining lien is a passive lien; the lawyer is not
debtors of Harold and in fact obtained favorable required to perform any act except to hold on to the
Judgments in some. Atty. Jarencio demanded client’s funds, documents and papers, until his fees
from Harold his attorney’s fees pursuant to and disbursements are paid. A charging lien is an
their agreement but Harold refused. When one active lien; the lawyer is required to file a motion in
of the defendants paid his indebtedness of court, with copy served on the adverse party, to
20,000.00 through Atty. Jarencio, the latter have a statement of his claim to such fees and
refused to turn over the money to Harold; disbursements charged or attached to the decision
instead, Atty. Jarencio applied the amount to his in such case and executions thereof.
attorney’s fees having in mind the provisions of
the Civil Code on legal compensation or set-off A retaining lien is general lien; it may be
to justify his act. resorted to in order to secure payment of the
lawyer’s fees in all the cases he has handled and
Was Atty. Jarencio correct in refusing to turn services he has rendered to the client. A
over to his client the amount he collected? charging lien is a special lien; it can be utilized
Discuss fully. (1995 BAR) for the purpose of collecting only the unpaid
fees and disbursements of the lawyer in the
A: A lawyer has a retaining lien which entitled him case where the judgment for a sum of money
to retain possession of a client’s document, m oney may be secured.
or other property which come into the hands of the
attorney professionally, until the general balance c. Fees and controversies with clients
due him for professional services is paid. Under (Quantum Meruit)
Rule 138, Section 37 of the Rules of Court, the
attorney cannot be compelled to surrender the Q:
documents in his possession without prior proof a. Explain the doctrine of quantum meruit
that his fees have been duly satisfied. in determining the amount of attorney’s
fees.
However, Atty. Jarencio here cannot appropriate b. Identify the factors to be considered in
the sum of 20,000.00. If there is a dispute between determining attorney’s fees on a
him and Harold as to the amount of the fees that he quantum meruit basis. (2018, 2015,
can collect, he must file an action for the recovery 2014, 2007, 1998 BAR)
of his fee or record a charging lien so that the court
can fix the amount to which he is entitled. A:

Q: The vendor filed a case against the vendee for a. Quantum meruit means as much as the
31

services of a lawyer are worth. Recovery of A: This is a champertous fee agreement because
attorney’s fees on the basis of quantum Atty. B agreed to defray all the expenses of the
meruit is authorized when: action and will be paid only if he is successful in
recovering A’s property. Atty. B cannot enforce it
1. There is no express contract for the because it is contrary to public policy and the ethics
payment of attorney’s fees; of the legal profession. The remedy of A is to file an
2. Although there is a contract, the fees action to have the agreement declared null and
stipulated are found unconscionable void, or simply to refuse to pay attorney’s fees to
by the court; Atty. B on the basis of the said agreement. On the
3. The contract is void due to formal other hand, Atty. B will still be entitled to collect
defects of execution; attorney’s fees on a quantum meruit basis. He may
4. The lawyer was not able to finish the bring an action to collect such fees.
case for justifiable cause;
5. The lawyer and the client disregard the Q: Discuss the propriety of a lawyer filing a suit
contract for attorney’s fees; and against his client concerning his fees. (1998
6. The client dismissed his counsel or the BAR)
latter withdrew, for valid reasons.
A: Rule 20.04 of the Code of Professional
b. The factors are those set in Rule 20.01 of the Responsibility provides that “a lawyer shall avoid
Code of Professional Responsibility (CPR), controversies with his clients concerning his
as follows: compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.” The
1. the time spent and the extent of the legal profession is not a money- making trade but a
services rendered or required; form of public service. Lawyers should avoid giving
2. the novelty and difficulty of the the impression that they are mercenary (Perez v.
questions involved; Scottish Union and National Insurance Co., 76 Phil.
3. the importance of the subject matter; 325). It might even turn out to be unproductive for
4. the skill demanded; him for potential clients are likely to avoid a lawyer
5. the probability of losing other with a reputation of suing his clients.
employment as a result of acceptance of
the proffered case; d. Concepts of Attorney’s fees
6. the customary charges for similar
services and the schedule of fees of the
Extraordinary concept
IBP chapter to which he belongs;

7. the amount involved in the controversy
Q: A real estate company, elated over the
and the benefits resulting to the client
decision in a case regarding a dispute over a
from the service;
personal matter between its top sales
8. the contingency or certainty of
representative and his neighbor, gifted Atty. O,
compensation;
who represented its sales representative in the
9. the character of the employment, litigation, with a 240- square-meter lot in its
whether occasional or established; and newly developed subdivision. The case handled
10. the professional standing of the lawyer. by Atty. O had nothing to do with the sales
representative in the litigation, with a 240
Q: Define champerty. (2017, 2000 BAR) square-meter lot in its newly developed
subdivision. The case handled by Atty. O had
A: Champerty is any agreement by a lawyer to nothing to do with the sales representative's
conduct the litigation in his own account, to pay the work for the real estate company. The latter's
expenses thereof or to save his client therefrom offer of the lot, which Atty. O accepted, was in
and to receive as his fee a portion of the proceeds consideration of its sales representative’s
of the judgment. It is contrary to public policy as it being the firm's Number One salesman. Was
violates the fiduciary relationship between the there a breach of the Code of Professional
lawyer and his client. (Spouses Cadavedo v. Lacaya, Responsibility by Atty. O when he accepts the
G.R. No. 173188, January 15, 2014) 240 square- meter lot? (1997 BAR)

Q: A inherited a parcel of land situated in A: Rule 20.03 of the Code of Professional
Batasan Hills which is occupied by informal Responsibility provides that a lawyer shall not,
settlers. He wants to eject the occupants, but he without the full knowledge and consent of the
has no financial means to pursue the ejectment client, accept any fee, reward, costs, commission,
case. He contracted the services of Atty. B, who interests, rebate of forwarding allowance or other
agreed to defray all the expenses of the suit on compensation whatsoever related to his
the condition that he will be paid one-half (1/2) professional employment from anyone other than
of the property to be recovered as his the client.
compensation.
There should be no room for suspicion on the part
What is the kind of attorney’s fees? Can Atty. B of the client that his lawyer is receiving
enforce this contract against A? What are the compensation in connection with the case from
respective remedies relative to the collection of third persons with hostile interests (Report of IBP
attorney’s fees, if any, of A and Atty. B against Committee, p. 112). Even if the secret compensation
each other? (2014, 2010, 1988 BAR) comes from a friendly person, if the act is
discovered, it is bound to create dissension in the

32
QuAMTO (1987-2019)
client-lawyer relationship. Worse, the lawyer will Prohibited disclosures and use
be able to enrich himself by receiving more than
what is due him as attorney’s fees. (Pineda. Legal & Q:
Judicial Ethics, 1995 ed. p. 243) A. Brando & Luzon Law Office had a retainer
agreement with Gregory, a businessman
ALTERNATIVE ANSWER: with shady connections. Gregory was
recently charged in the RTC in Manila with
The gift of the real estate company does not come money laundering in relation to an illegal
from the adverse party, hence, there is no violation drugs syndicate using Cable Co., his holding
of the lawyer is duty of loyalty to his clients. The company, as its money-laundering conduit.
property given was not his client's property The members of the Brando & Luzon Law
involved in the litigation. Hence, it does not violate Office assigned to handle Gregory's account,
Article 1491 of the Civil Code. The lawyer's including yourself, were implicated in the
acceptance of the gift is proper. However, it would money laundering case for their role in the
be better if he informs his client. incorporation of Cable Co. and in the active
management of its business affairs. In a bid
Q: Deciding a case for malicious prosecution, to fortify the case against Gregory and the
Judge Sales awarded attorney's fees and others, the public prosecutor approaches
expenses of litigation, in addition to exemplary you (as the least guilty person who will
damages, to the plaintiff. qualify for a discharge as a state witness)
and offers to make you a state witness.
a. Did the judge act within his discretion in Should you accept the offer? Explain your
awarding attorney's fees answer.
B. Under the facts of the preceding question,
b. As counsel for the plaintiff, are you entitled
assume that you had resigned from the
to receive the attorney's fees thus awarded
Brando & Luzon Law Office prior to the filing
in addition to your stipulated legal fees?
of the money laundering case against
(1994 BAR)
Gregory and the others, and that you were

not implicated in the case. However, you had
A:
assisted in handling the Cobra Co. account

during your time with the law firm. Cobra Co.
a. A party may recover attorney's fees in cases of
was largely owned by Cable Co.
malicious prosecution against him in an action

for damages against the party responsible
The public prosecutor handling the case
therefore (Art. 2208 (3), Civil Code). But he must
against Gregory and the others asks you, as a
prove not only that he was acquitted in the
former member of the Brando & Luzon Law
criminal action, but that the person who
Office, to help strengthen the case for the
charged him knowingly made a false statement
Government, and hints that you may be
of facts to induce the prosecutor to prosecute or
that the institution of the criminal action was implicated in the case if you do not
cooperate. What is your legal and ethical
prompted by a sinister design to vex or
course of action? Explain your answer.
humiliate him and to cast upon him dishonor
(2017, 2013 BAR)
and disgrace.

b. NO. Attorney’s fees in the concept or as an item
A:
of damages is an indemnity for damages

sustained by the client, and belongs to him.
A. NO. The information acquired involving the

criminal case against Gregory is covered by the
Q: A, after taking his oath as a lawyer in 1985,
privileged communications rule. Rule 15.02 of
was maliciously charged with the crime of
the Code of Professional Responsibility
seduction by Amor, his former girlfriend. Her
provides that “A lawyer shall be bound by the
parents instigated the filing of the case. A
rule on privilege communication in respect of
appeared for and defended himself. In the
matters disclosed to him by a prospective
decision acquitting him, the court explicitly
client.” There being a lawyer-client relationship
stated that he was a victim of malicious
between the parties, the lawyer cannot serve as
prosecution. A then filed a complaint for
a state witness and disclose the information
damages and attorneys against Amor and her
obtained from his client.
parents. A likewise appeared for himself in

the case. Can her recover attorney’s fees?
B. Decline to testify against the defendants and to
(1991 BAR)
provide evidence in the case as the attorney-
client privilege lasts even beyond the
A: NO. Attorney A is not entitled to attorney's fees.
termination of the relationship.
He may, however, be entitled to attorney’s fees in

the form of damages upon proof of bad faith of the
The duty of a lawyer to preserve his client’s
defendant and a definite ruling be made by the
secrets and confidence outlasts the termination
court on the claim.
of the attorney-client relationship, and

continues even after the client’s death.
PRESERVATION OF
(Mercado v. Vitriolo, A.C. No. 5108, May 26, 2005)
CLIENT’S CONFIDENCES

33

Q: A, who is charged in Court with estafa for confessed that he killed the victim in cold
misappropriating funds entrusted to him by B, blood. Vicente also said that when he takes the
consulted Atty. C about the case with the witness stand, he will deny having done so. Is
intention of engaging his services as defense Atty. Romualdo obliged, under his oath as
counsel. Because A could not afford to pay the lawyer, to inform the judge (a) that his client is
fee that Atty. C was charging him, A engaged the guilty? (2009 BAR)
services of another counsel, Atty. D. At the trial
of the case for estafa against A the prosecutor A: Atty. Romualdo cannot reveal to the judge that
announced in open court that his next witness Vicente is guilty. He is bound to keep what Vicente
was Atty. C. whom he was calling to the witness told him in confidence, because that is an
stand. admission of a crime already committed.

Counsel for A. Atty. D, vigorously opposed the Disclosure, when allowed
prosecutor's move on the ground that Atty. C
may not be called as a witness for the Q: When Atty. Romualdo interviewed his client,
prosecution as he might disclose a would-be Vicente, who is accused of murder, the latter
client's confidence and secret. Asked by the confessed that he killed the victim in cold
presiding Judge what would be the nature of blood. Vicente also said that when he takes the
Atty. C's testimony, the prosecutor answered it witness stand, he will deny having done so. Is
has something to do with how A obtained from Atty. Romualdo obliged, under his oath as
B the funds that the latter received from the lawyer, to inform the judge that (b) his client
former but failed to account for. Thereupon, will commit perjury on the witness stand?
Atty. A vigorously opposed the prosecutor's Explain. (2009 BAR)
motion. If you were the Judge, how would you
rule on the matter? (1999 BAR) A: Atty. Romualdo can reveal to the judge that
Vicente will commit perjury on the witness stand.
A: If I were the judge, I will not allow Atty. C to take This is already a revelation of a crime still to be
the witness stand. When A consulted Atty. C about committed, and that lies outside the mantle of
his case, a lawyer-client relationship was privileged communication.
established between them. It does not matter that
A did not eventually engage his services because of Q: Atty. Serafin Roto is the Corporate Secretary
his fees; such relationship has already been created of a construction corporation that has secured
(Hilado v. David, 84 Phil 569). A lawyer shall be a multi-million infrastructure project from the
bound by the rule on privileged communication in government. In the course of his duties as
respect to matters disclosed to him by a corporate secretary, he learned from the
prospective client (Rule 15.02 Code of Professional company president that the corporation had
Responsibility). The rule on privileged resorted to bribery to secure the project and
communication provides that an attorney cannot, had falsified records to cut implementing costs
without the consent of his client, be examined as to after the award of the project.
any communication made by the client to him (Sec.
21 [b], Rule 130, Rules of Court). The prosecutor has The government filed a civil action to annul the
announced that Atty. C will be asked about how A infrastructure contract and has subpoenaed
obtained from B the funds that he failed to account Atty. Roto to testify against the company
for. Atty. C's knowledge of such matter could have president and the corporation regarding the
come only from A. bribery. Atty. Roto moved to quash the
subpoena, asserting that lawyer- client
COMMENT: There seems to be a typographical privilege prevents him from testifying against
error in the last sentence which refers to Atty. A. the president and the corporation.
Perhaps, the examiner intended to refer to simply
A or to his counsel Atty.D. It is recommended that Resolve the motion to quash. (2013 BAR)
the use by the candidate of Atty. A should not
detract from the appreciation of his answer. A: Motion denied. The motion should be denied
because Atty. Roto did not learn of the bribery and
Q: Christine was appointed counsel de oficio for falsification in connection with a lawyer- client
Zuma, who was accused of raping his own relation. Being a corporate secretary does not
daughter. Zuma pleaded not guilty but create a lawyer-client relation because
thereafter privately admitted to Christine that membership to the Bar is not a requirement to
he did commit the crime charged. Can Christine perform the functions of a corporate secretary.
disclose the admission of Zuma to the court? Consequently, Atty. Roto does not owe any
Why or why not? (2008 BAR) obligation of confidentiality to the corporation.

A: Christine cannot disclose the admission of Zuma Atty. Roto may be compelled to testify. As an officer
to the Court. If she does so, she will violate her of the court, a “lawyer shall exert every effort and
obligation to preserve confidences or secrets of her consider it his duty to assist in the speedy and
client (Canon 21, Rule 21.02, CPR). The privileged efficient administration of justice” (Code of
communication between lawyer and client may be Professional Responsibility, Canon 12).
used as a shield to defend crimes already Furthermore, “a lawyer owes candor, fairness and
committed. good faith to the court.” (Ibid., Canon 10)

Q: When Atty. Romualdo interviewed his client, ALTERNATIVE ANSWER:
Vicente, who is accused of murder, the latter

34
QuAMTO (1987-2019)
Motion Granted. It is true that being a corporate a. What are the legal and moral obligations of
secretary does not necessarily constitute a lawyer- Atty. Carlos Malillin to his client and to the
client relationship. However, Atty. Roto may be authorities, under the given circumstances?
considered in the practice of law if part of his duties b. Should the planned “accident” take place and
as a corporate secretary is to give legal advice to or the only witness for the prosecution be killed
prepares legal documents for the corporation. as a result, is Atty. Carlos Malillin under any
Thus, a lawyer-client relationship may have been obligation to disclose to the authorities the
constituted between Atty. Roto and the plan that his client had mentioned to him as
corporation. Consequently, it is his duty as an above mentioned? Reasons. (1988, 1987
attorney “to maintain inviolate the confidence, and BAR)
at every peril to himself, to preserve the secrets of
his client.” (Rules of Court, Rule 138, Sec. 20, par. E, A:
paraphrasing and arrangement supplied)
a. Attorney Malillin has the moral and legal
Atty. Roto learned from the company president of obligation to advise the army officer not to
the bribery and falsification, while Atty. Roto was in execute his plan. If the accused army officer does
the course of his performance of his duties as not abide by his advise, Atty. Malillin should
corporate secretary. Thus, he could not be withdraw from the case.
examined on that matter without the consent of his b. Atty. Malillin has the obligation to testify in said
client. [Ibid., Rule 130, Sec. 24(b)] case if he is called upon by the Court to do so.
The obligation of the lawyer to keep the secrets
Q: A mayor charged with Homicide engaged of his client obtained in the course of his
your services as his lawyer. Since there is only employment covers only lawful purposes.
one witness to the incident, the mayor disclosed
to you his plan to kill the lone witness through Withdrawal of services
a contrived vehicular accident.
Q: Give three instances when a lawyer is
a. What are the moral and legal obligations of allowed to withdraw his/her services. (2015,
an attorney to the mayor and to the 1997, 1988 BAR)
authorities?
b. Should the killing push through and are you A: (Any three of the following:)
certain that the mayor is the one
responsible, are you under obligation to 1. When the client pursues an illegal or immoral
disclose to the authorities what was course of conduct in connection with the
confided to you? Is this not a privileged matter he is handling;
communication between client and 2. When the client insists that the lawyer
attorney? (1998 BAR) pursue conduct violative of these canons and
rules;
A: 3. When his inability to work with co-counsel
will not promote the best interest of the
a. It is the duty of an attorney to divulge the client;
communication of his client as to his announced 4. When the mental or physical condition of the
intention to commit a crime to the proper lawyer renders it difficult for him to carry out
authorities to prevent the act or to protect the the employment effectively;
person against whom it is threatened. 5. When the client deliberately fails to pay the
b. Public policy and the lawyer's duty to counsel fees for the services or fails to comply with
obedience to the law forbid that an attorney the retainer agreement;
should assist in the commission of a crime or 6. When the lawyer is elected or appointed to a
permit the relation of attorney and client to public office;
conceal a wrongdoing. He owes it to himself and 7. Other similar cases.
to the public to use his best efforts to restrain
his client from doing any unlawful act and if, Q: B hired Atty. Z to file a replevin case against
notwithstanding his advise, his client proceeds C for an agreed acceptance fee of P30,000.00
to execute the illegal deed, he may disclose it or which was evidenced by a written contract.
be examined as to any communication relating After the complaint was filed by Atty. Z, B
thereto. There is privileged communication terminated his services and hired a new lawyer
only as to crimes already committed before its for the same amount of attorney’s fees. How
communication to the lawyer. much attorney’s fees is Atty. Z entitled? (2014
BAR)
Q: In a prosecution for murder against a ranking
army officer, the latter engaged the services of A: Atty. Z is entitled to the entire amount of the
Atty. Carlos Malilin, a well- known trial lawyer, attorney’s fees agreed upon because his services
to whom the officer in one of their conferences were terminated by the client without just cause.
disclosed a plan to “eliminate” or “salvage”— (Sec. 26, Rule 138, Rules of Court)
i.e., kill or otherwise cause to disappear— the
only witness, a fellow military officer, through a Q: Atty. Bravo represents Carlos Negar (an
contrived traffic or highway accident. insurance agent for Dormir Insurance Co.) in a
suit filed by insurance claimant Andy Limot
35

who also sued Dormir Insurance. The insurance Under the given facts, is the defense lawyer
policy requires the insured/claimant to give a legally justified in seeking withdrawal from the
written notice to the insurance company or its case? Why or why not? Reason briefly. (2004
agent within 60 days from the occurrence of the BAR)
loss.
A: YES, he is justified. Under Rule 22.01 of the Code
Limot testified during the trial that he had of Professional Responsibility, a lawyer may
mailed the notice of the loss to the insurance withdraw his services "if the client insists that the
agent, but admitted that he lost the registry lawyer pursue conduct violative of these canons
receipt so that he did not have any and rules". The insistence of the client that the
documentary evidence of the fact of mailing lawyer present witnesses whom he personally
and of the timeliness of the mailed notice. knows to have been perjured, will expose him to
Dormir Insurance denied liability, contending criminal and civil liability and violate his duty of
that the timely notice had not been given either candor, fairness and good faith to the court.
to the company or its agent. Atty. Bravo’s client,
agent Negar, testified and confirmed that he Q: Atty. Jessa was the counsel for Mr. Nolan, a
never received any notice. cantankerous millionaire, in the latter's
personal case. Soon after the case was
A few days after Negar testified, he admitted to submitted for decision, Mr. Nolan withdrew the
Atty, Bravo that he had lied when he denied files from Atty. Jessa and informed her that he
receipt of Limot’s notice, he did receive the was engaging another lawyer. On that same
notice by mail but immediately shredded it to day, a copy of the decision in the case was
defeat Limot’s claim. received by Atty. Jessa but she did not do
anything anymore with the decision. She did
If you were Atty. Bravo, what would you do in not also file a withdrawal of her appearance.
light of your client’s disclosure that he perjured Mr. Nolan's new counsel did not file any notice
himself when he testified? (2013 BAR) of his appearance. By the time Mr. Nolan found
out about the adverse decision, his period to
A: If I were Atty. Bravo I shall promptly call upon appeal had lapsed. Was the service of the
Carlo Negar, my client, to rectify his perjured decision on Atty. Jessa still effective? Explain
testimony by recanting the same before the court. your answer. (2017, 2012 BAR)

Should he refuse or fail to do so I shall then A: YES. The service of decision to Atty. Jessa is still
terminate my relationship with him (Code of effective. Atty. Jessa is still considered the counsel
Professional Responsibility, Canon 19, Rule 19.02) of record until his withdrawal of appearance has
stating that with his having committed perjury he been actually filed and granted.
pursued an illegal conduct in connection with the
case (Ibid., Canon 22, Rule 22.01). Since my client Q: State the rule on (a) the right of the client to
Limot refuses to forego the advantage thus unjustly dismiss his lawyer and (b) the prerogative of a
gained as a result of his perjury, I should promptly lawyer to withdraw as counsel. (2018,
inform the injured person or his counsel, so that 1998,1994, 1989 BAR)
they may take the appropriate steps. (Canons of
Professional Ethics, Canon 41) A:
a. A client has the right to dismiss his lawyer at any
Finally, as part of my duty to do no falsehood, nor time, with or without just cause. The existence
consent to the doing of any in court (Code of or non-existence of just cause is material only
Professional Responsibility, Canon 10, Rule 10.01, for determining the right of the lawyer to
and the Attorney’s oath). I shall file a manifestation compensation for services rendered. The
with the court attaching thereto the notice of client's right to terminate the lawyer's services
termination as Limot’s counsel. springs from the strictly personal and highly
confidential nature of the relationship between
Q: On the eve of the initial hearing for the the lawyer and the client. Once the client loses
reception of evidence for the defense, the confidence in his lawyer, he has the right to
defendant and his counsel had a conference dismiss him.
where the client directed the lawyer to present b. On the other hand, the lawyer does not have an
as principal defense witnesses two persons unqualified right to withdraw as counsel. As an
whose testimonies were personally known to officer of the court, he may not withdraw or be
the lawyer to have been perjured. The lawyer permitted to withdraw as counsel if such
informed his client that he refused to go along withdrawal will work injustice to a client or
with the unwarranted course of action frustrate the ends of justice. A lawyer may
proposed by the defendant. But the client withdraw at any time with his client's written
insisted on his directive, or else he would not consent. Without such consent, he may
pay the agreed attorney’s fees. withdraw his services only for good cause and
upon notice appropriate in the circumstances
When the case was called for hearing the next (Canon 22, Code of Professional Responsibility).
morning, the lawyer forthwith moved in open
court that he be relieved as counsel for the Duties of lawyers in case of death of parties
defendant. Both the defendant and the represented
plaintiff’s counsel objected to the motion.
Q: The plaintiff died during the pendency of the
case in the RTC. If you were the counsel of the

36
QuAMTO (1987-2019)
plaintiff, what is the last duty you need to Q: A proceeding for disbarment is considered
discharge on behalf of the late client before sui generis, explain briefly, giving at least five
your professional engagement for the case may (5) reasons in support of your answer. (2002
be deemed terminated? Explain briefly your BAR)
answer. (2017 BAR)
A:
A: Where the claim is not extinguished due to the A disbarment proceeding is sui generis or a class by
death of my client, my last duty to him shall be to itself, because of the following reasons:
inform the court in which his case is pending,
within thirty (30) days after such death, and to give a. It is neither a civil nor a criminal
the name and address of his legal representative or proceeding;
representatives. (1st par., Sec. 16, Rule 3, Rules of b. Double jeopardy cannot be availed of as a
Court) defense;
_________________________________________________________ c. can be initiated motu proprio by the
Supreme Court or by the IBP;
SUSPENSION, DISBARMENT AND DISCIPLINE d. It can proceed regardless of interest or
OF LAWYERS (RULE 139-B, RULES OF COURT) lack of interest of the complainant;
__________________________________________________________ e. It is imprescriptible;
f. It is confidential;
NATURE AND CHARACTERISTICS OF g. It is in itself due process.
DISCIPLINARY ACTIONS AGAINST LAWYERS
Q: Alleging that Atty. Malibu seduced her when
Sui generis she was only sixteen (16) years old, which
resulted in her pregnancy and the birth of a
Q: Is the defense of Atty. R in a disbarment baby girl, Miss Magayon filed a complaint for his
complaint for immorality filed by his paramour disbarment seven years after the alleged
P that P is in pari delicto material or a ground seduction was committed.
for exoneration? Explain. (2010 BAR)
Atty. Malibu contended that, considering the
period of delay, the complaint filed against
A: The defense of in pari delicto is immaterial in an him can no longer be entertained much less
administrative case which is sui generis. The prosecuted because the alleged offense has
administrative case is about the lawyer’s conduct, already prescribed.
not the woman’s (Mortel v. Aspiras, 100 Phil. 586
[1956]; Po Cham v. Pizarro, 467 SCRA 1 [2005]; Is Atty. Malibu’s contention tenable or not?
Marjorie F. Samaniego v. Atty. Andrew V. Ferrer, 555 Reason briefly. (2018, 2017, 2004 BAR)
SCRA 1 [2008])
A: NO. Atty. Malibu’s contention is not tenable.
Q: Arabella filed a complaint for disbarment The ordinary statute of limitations has no
against her estranged husband Atty. P on the application to disbarment proceedings. (Calo v.
ground of immorality and use of illegal drugs. Degamo, A.C. No. 516, June 27, 1967)

After Arabella presented evidence and rested Disciplinary proceedings against lawyers are sui
her case before the Investigating Commissioner generis. They are neither civil nor criminal
of the IBP Committee on Bar Discipline, she filed proceedings. Its purpose is not to punish the
an Affidavit of Desistance and motion to dismiss individual lawyer but to safeguard the
the complaint, she and her husband having administration of justice by protecting the court
reconciled for the sake of their children. and the public from the misconduct of lawyers
and to remove from the profession of law persons
You are the Investigating Commissioner of the whose disregard of their oath of office proves
IBP. Bearing in mind that the family is a social them unfit to continue discharging the trust
institution which the State is duty- bound to reposed in them as members of the bar. Unlike
preserve, what will be your action on Arabella’s ordinary proceedings, it is not subject to the
motion to dismiss the complaint? (2010 BAR) defense of prescription.

A: I would still deny the motion to dismiss. The Q: Alleging that Atty. Frank had seduced her
general rule is that “no investigation shall be when she was only 16 years old, and that she
interrupted or terminated by reason of the had given birth to a baby girl as a result,
desistance, settlement, compromise, restitution, Malen filed a complaint for his disbarment
withdrawal of the charges or failure of the seven years after the birth of the child
complainant to prosecute the same unless the charging that he was a grossly immoral
Supreme Court motu proprio or upon person unworthy and unfit to continue in the
recommendation of the IBP Board of Governors Legal Profession. In his comment, Atty. Frank
determines that there is no compelling reason to argued that the complaint for disbarment
continue with the proceedings. An administrative should be dismissed because of prescription.
investigation of a lawyer is sui generis, neither a
civil nor criminal proceeding. An affidavit of Explain whether or not Atty. Frank's
desistance has no place in it. argument is justified. (2017 BAR)
37

A: Atty. Frank’s defense of prescription is not proceedings here in the Philippines? (2018,
justified. Disbarment is imprescriptible. In 2014, 2006, 2002 BAR)
addition, administrative proceedings against a
lawyer are sui generis, being neither civil nor A: Atty. Forma may be disbarred in the Philippines
criminal action. The ordinary statutes of if the ground for his disbarment in New York is also
limitation have no application to disbarment a ground for disbarment in this country. But he is
proceedings. (Calo Jr. v. Degamo, A.C. No. 516, still entitled to due process of law, and the foreign
1967) The purpose of such proceedings is not to court’s judgment against him only constitutes
punish the individual lawyer but to safeguard the prima facie evidence of unethical conduct as a
administration of justice by protecting the court lawyer. He is entitled to be given an opportunity to
and the public from the misconduct of lawyers defend himself in an investigation to be conducted
and to remove from the profession of law persons in accordance with Rule 139 of the Revised Rules
whose disregard of their oath of office proves of Court (In Re: Suspension from the Practice of Law
them unfit to continue charging the trust reposed in the Territory of Guam of Atty. Leon Maquera, B.M.
in them as members of the bar. 793, July 30, 2004; Velez v. De Vera, A.C. No. 6697,
July 25, 2006)
Q: C filed a verified administrative complaint
against Atty. D. In the course of the Q: Cliff and Greta were law school sweethearts.
investigation, C presented an affidavit of Cliff became a lawyer, but Greta dropped out.
desistance which she identified on the One day, Cliff asked Greta to sign a marriage
witness stand. What course of action should contract. The following day, Cliff showed Greta
the investigator take? Explain. (2000 BAR) the document already signed by an alleged
solemnizing officer and two witnesses. Cliff
A: The investigator should continue with the then told Greta that they were already married
investigation. A disbarment proceeding is sui and Greta consented to go on a honeymoon.
generis, neither a civil nor criminal action. As such, Thereafter, the couple cohabited and begot a
a desistance by the complainant is unimportant. child. Two years later, Cliff left Greta and
The case may proceed regardless of interest or lack married a Venezuelan beauty. Incensed, Greta
of interest of the complainant (Rayos-Ombac v. filed a disbarment complaint against Cliff. Will
Rayos, 285 SCRA 93 [1998]). If the evidence on the case prosper? Explain. (2009 BAR)
record warrants, the respondent may be
suspended or disbarred regardless of the A: The disbarment case will prosper. In the case of
desistance of the complainant. Of course, if the Cabrera v. Agustin (106 Phil. 256 [1959]), a lawyer
complainant refuses to testify and the charges who deceived a woman to believe that they were
cannot then be substantiated, the court will have already married after they had signed an
no alternative but to dismiss the case. application for a marriage license, and afterwards
took advantage of her belief to satisfy his lust, until
Grounds she bore him a child, was considered by the
Supreme Court to be lacking in integrity and good
Q: What are the grounds for disbarment or moral character to remain a member of the bar.
suspension from office of an attorney? (2015
BAR) Q: Atty. Walasunto has been a member of the
Philippine Bar for twenty (20) years but has
A: Under Sec. 27, Rule 138, the grounds for never plied his profession as a lawyer. His sole
suspension or disbarment of a lawyer are “any means of livelihood is selling and buying real
deceit, malpractice, or other gross misconduct in estate. In one of his transactions as a real estate
such office, grossly immoral conduct, or by reason broker, he issued a bouncing check. He was
of conviction of a crime involving moral turpitude, criminally prosecuted and subsequently
or for any violation of the oath which he is required convicted for violating B.P. Big. 22. In the
to take before admission to practice, or for a willful disbarment proceedings filed against him, Atty.
disobedience appearing as an attorney for a party Walasunto contended that his conviction for
or to a cause without authority to do so.” The violation of B.P. Big. 22 was not a valid ground
practice of soliciting cases for the purposes of gain, for disciplinary action against a member of the
either personally or through paid agents or bar. He further argued that his act in issuing the
brokers constitutes malpractice. check was done in relation to his calling as a
real estate broker and not in relation to the
Q: Atty. Forma is a member of the Philippine exercise of the profession of a lawyer.
Bar. He went to New York City, took the New
York State Bar, and passed the same. He then Are the contentions of Atty. Walasunto
practiced in New York City. One of his American meritorious or not? Reason. (2004, 1992 BAR)
clients filed a case for disbarment against him
for pocketing the money which was entrusted A: NO. His contentions are not meritorious. In the
to him as payment for the filing fee and other first place, a ground for disbarment is conviction of
incidental expenses of his damage suit. Atty. a crime involving moral turpitude (Sec. 27, Rule 138,
Forma was later disbarred for dishonesty. Rules of Court), and the violation of B.P. 22 is
Disheartened, Atty. Forma came back to the considered to be a crime involving moral turpitude
Philippines and practiced as a lawyer. (People v. Tuanda, 181 SCRA 692 [1990]). In the
second place, Rule 7.03 of the Code of Professional
Will his disbarment in New York be used Responsibility provides that “a lawyer shall not
against him for purposes of disbarment engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in

38
QuAMTO (1987-2019)
public or private life, behave in a scandalous a Regional Trial Court may suspend a lawyer from
manner to the discredit of the legal profession.” the practice of law for any of the causes provided in
Additionally, Rule 1.01 of the same Code provides Section 27, until further action of the Supreme
that “a lawyer shall not engage in unlawful, Court. But it may not disbar him, for only the
dishonest, immoral or deceitful conduct." Supreme Court can disbar a lawyer pursuant to its
constitutional power to admit persons to the
Q: The agreement between the estranged practice of law.
husband and wife provided for, among others,
the liquidation of the conjugal partnership of Q: Atty. Hyde, a bachelor, practices law in the
gains, custody of the children, and support for Philippines. On long weekend, he dates
the children. In the same agreement, the couple beautiful actresses in Hong Kong. Kristine, a
waived the right to prosecute each other for neighbor in the Philippines, filed with the
bigamy, adultery, concubinage and whatever Supreme Court an administrative complaint
acts of infidelity. There was also a condonation against the lawyer because of sex videos
provision. The agreement was prepared and uploaded through the internet showing Atty.
notarized by a lawyer who was the best man at Hyde’s sordid dalliance with the actresses in
the wedding. What are the liabilities, if any, of Hong Kong.
this lawyer? Explain your answer. (1989 BAR)
In his answer, Atty. Hyde (1) questions the legal
A: The document executed by the spouses is personality and interest of Kristine to institute
immoral and contrary to law. The lawyer who the complaint and (2) insists that he is a
drafted and notarized all said documents bachelor and the sex videos relate to his private
committed malpractice and can be disbarred or life which is outside public scrutiny and have
suspended. Although the principal duty of the nothing to do with his law practice.
notary public is to ascertain the identity of the
parties and the voluntariness of the declaration, it Rule on the validity of Atty. Hyde’s defenses.
is nevertheless incumbent upon him to guard (2009 BAR)
against any illegal or immoral agreement.
A:
Proceedings
a. The legal personality and interest of Kristine
Q: A disbarment complaint against a lawyer was to initiate the complaint for disbarment is
referred by the Supreme Court to a Judge of the immaterial. A disbarment proceeding is sui
Regional Trial Court for investigation, report generis, neither a civil nor a criminal
and recommendation. On the date set for the proceeding. Its sole purpose is to determine
hearing of the complaint, the Judge had the case whether or not a lawyer is still deserving to be
called for trial in open court and proceeded to a member of the bar. In a real sense, Kristine
receive evidence for the complainant. What is not a plaintiff; hence, interest on her part is
would you have done if you were the counsel for not required.
the respondent-lawyer? Why? Reason briefly.
(2004 BAR) b. Atty. Hyde’s second defense is untenable. His
duty not to engage in unlawful, dishonest,
A: I would object to the holding of a trial in public. immoral and deceitful conduct under Rule
Disciplinary proceedings against an attorney are 1.01 of the CPR, as well as his duty not to
confidential in nature until its termination. The engage in scandalous conduct to the discredit
professional success of a lawyer depends almost of the legal profession under Rule 7.03, is
entirely on his good reputation. If that is tarnished, applicable to his private as well as to his
it is difficult to restore the same (Ibanez v. Vina, 107 professional life.
SCRA 607 [1981]). To avoid the unnecessary ruin of
a lawyer’s name, disbarment proceedings are Q: Y hired Attorney X to represent him in a
directed to be confidential until their final collection case he filed against Z. The parties
determination. (Sec. 18, Rule 139-B, Rules of Court) later on agreed to settle the case and Z turned
over to Attorney X the amount of P25,000.00
Q: Atty. D was required by Judge H of the as partial settlement of his obligation.
Regional Trial Court (RTC) of Manila to show Attorney X kept the money. Y, upon learning
cause why he should not be punished for of Attorney X’s action, filed a disbarment case
contempt of court for shouting invectives at the against the latter before the Supreme Court,
opposing counsel and harassing his witness. which in turn, referred the case to the
Integrated Bar of the Philippines for
Assuming that there was sufficient cause or investigation, report and recommendation.
ground, may Judge H suspend Atty. D from the
practice of law? If Judge H finds that the The IBP Commissioner tasked to investigate
actuations of Atty. D are grossly unethical and the case reviewed all the pleadings submitted
unbecoming of a member of the bar, may Judge by Y and Attorney X and their respective
H disbar Atty. D instead? witnesses, and promptly made a report
recommending that Attorney X be suspended
Explain your answer. (2014 BAR) for six months. The IBP Board of Governors
A: Under Section 28, Rule 138 of the Rules of Court, adopted the recommendation of the
39

Investigating Commissioner. Attorney X against his lawyer, Atty. Co, following the
assailed his suspension on the ground of an latter’s conviction for estafa for
impingement on his right to due process. Is misappropriating funds belonging to his client
Attorney X's contention sustainable? Explain. (Ben). While the proceedings for disbarment
(2003 BAR) was pending, the President granted absolute
pardon in favor of Atty. Co. Atty. Co. then,
A: There is no impingement on Attorney X’s right moved for the dismissal of the disbarment case.
to due process. The IBP Commissioner tasked to Should the motion be granted? (1998 BAR)
investigate the case reviewed all the pleadings of
the parties and their respective witnesses. This A: An absolute pardon by the President is one that
implies that Atty. A was given an opportunity to operates to wipe out the conviction as well as the
present his side. Due process has been satisfied. offense itself. The grant thereof to a lawyer is a bar
This is especially true if the principle of res ipsa to a proceeding for disbarment against him, if such
loquitur is applicable. (However, it may be noted proceeding is based solely on the fact of such
that the IBP Board of Governors is not authorized conviction (In Re: Parcasion, 69 SCRA 336). But
to impose the penalty of suspension). where the proceeding to disbar is founded on the
professional misconduct involved in the
Q: A engaged the services of Atty. B to defend transaction which culminated in his conviction, the
him in a case for collection of sum of money effect of the pardon is only to relieve him of the
that was brought against him in the Municipal penal consequences of his act and does not operate
Trial Court by D. Despite notice of the as a bar to the disbarment proceeding, inasmuch
scheduled dates of hearing, Atty. B failed to as the criminal acts may nevertheless constitute
appear much less to inform A about it. The proof that the attorney does not possess good
case was decided against A. It was only when moral character. (In Re: Lontoc, 43 Phil. 293)
the adverse judgment was being executed
against him that A learned he had lost the Q: A verified complaint for disbarment was
case. When he went to see counsel, Atty. B put filed against Atty. Cruz who was accused of
up the excuse that he was busy attending to misappropriating funds belonging to the
his cases which were more important than complaint. The matter was referred to the IBP
A's. Before whom can A seek redress against which forthwith conducted an investigation
Atty. B who apparently was negligent in through its local chapter. During the pendency
attending his case? (1999 BAR) of the investigation, the complainant filed an
Affidavit of Desistance claiming that Atty. Cruz
A: He may file a verified complaint against Atty. B, had already reimbursed him for the funds
asking that he be administratively disciplined, with which he had accused him of unlawfully
either the Supreme Court, the Board of Governors spending for his own use. Atty. Cruz moved for
of the Integrated Bar of the Philippines (IBP), or the the dismissal of the complaint.
EBP Chapter to which Atty. B belongs. (Sec. 1, Rule
139-B) As the hearing officer, how will you act on the
motion of Atty. Cruz? (1994 BAR)
ADDITIONAL ANSWER:
A: The desistance of a complaint in a disbarment
He may also file a complaint against Atty. B before proceeding or his withdrawal of the charges against
a Regional Trial Court or Municipal Trial Court, a lawyer does not deprive the court of the authority
depending on the amount involved, for damages he to proceed to determine the matter. Nor does it
may have sustained due to the latter's negligence. necessary result in the dismissal of the complaint,
except when, as a consequence of withdrawal or
Q: When Atty. Aldrin received copy of the desistance, no evidence is adduced to prove the
decision of the Court of Appeals, he filed a charges. Since a disbarment proceeding is neither a
motion for reconsideration using intemperate civil nor a criminal action but one presented solely
and disrespectful language with a subtle threat for public interest, the fact that the complainant
that “knowingly rendering an unjust judgment and the respondent have considered the case
is punishable under the Revised Penal Code." closed, is unimportant.

The Court of Appeals ordered him to explain As hearing officer, I will deny the motion of Atty.
why he should not be cited in contempt of court. Cruz and continue the hearings.
Instead of complying, he submitted to the Court
of Appeals his Petition to Retire from the Q: A lawyer charged his client P 10,000.00 for
practice of law which he immediately filed with filing fees pertaining to the complaint he filed in
the Supreme Court after receiving the citation court. He actually spent only P1,000,00. He did
for contempt. May he be allowed to retire from not account for the balance.
the practice of law? (1998 BAR)
Suppose that the lawyer should be charged, how
A: NO. A practicing lawyer and officer of the court and where should the complaint be filed?
facing contempt proceedings cannot just be Explain your answer. (1990 BAR)
allowed to voluntarily retire from the practice of
law which would negate the inherent power of the A: The client may file a verified complaint for
court to punish him for contempt (Montecillo v. disbarment against his lawyer. His verified
Gica, 60 SCRA 234) complaint shall state clearly and concisely the facts
complained of and shall be supported by affidavits
Q: Ben filed proceedings for disbarment of person or persons having personal knowledge of

40
QuAMTO (1987-2019)
the facts therein alleged and/or by such documents Q: Atty. Perez was admitted as a member of the
as may substantiate said facts. The client may file New York Bar. While in Manhattan, he was
the complaint directly with the Supreme Court, in convicted of estafa and was disbarred.
which case at least 18 copies thereof shall be filed,
and the Supreme Court may refer the complaint to Does his disbarment in New York a ground for
the IBP Board of Governors for appropriate action, his automatic disbarment in the Philippines?
such as assigning the complaint to an investigator, (2006 BAR)
or to the Solicitor General or court officer or judge
for investigation when the interest of justice A: The disbarment or suspension of a member of
requires. The client may, however, file his the Philippine Bar by a competent court or other
complaint, in six copies, with the IBP Board of disciplinary agency in a foreign jurisdiction where
Governors, which will then assign the case to an he has also been admitted as an attorney is a
investigator for investigation, or with the Secretary ground for his disbarment or suspension if the
of a local chapter of the IBP, which will in turn basis of such action includes any of the acts
transmit the same to the IBP Board of Governors for hereinabove enumerated.
assignment to an investigator. (Rule 139-B of the
Rules of Court) The judgment, resolution or order of the foreign
court or disciplinary agency shall be primafacie
Q: Atty. Celso Casis’ relationship with Miss Cory evidence of the ground for disbarment or
Cerrada began when he represented her in suspension. (pars. 2 & 3, Section 27, Rule 138, as
several criminal cases for estafa and violation amended by Supreme Court Resolution, dated
of B.P. 22. His expertise and diligence in February 13,1992)
personally assisting and facilitating her release
on bail and other legal actions saved her from Thus, the disbarment of Atty. Perez in New York for
many legal predicaments. Despite her initial estafa is a ground for his disbarment in the
resistance, Miss Cerrada, convinced by Atty. Philippines. However, such disbarment in the
Casis’ sincerity and representation that he was Philippines is not automatic. Atty. Perez is still
separated from his wife and was taking entitled to due notice and hearing. (In Re
necessary steps for the annulment of his Suspension from the Practice of Law in the Territory
marriage, began to live with him openly as of Guam of Atty. Leon G. Maquera, 435 SCRA 417
husband and wife. One day, Atty. Casis’ wife (2004])
suddenly entered Miss Cerrada’s home and
assaulted her, inflicting injuries. Miss Cerrada Q: Atty. LA is a member of the Philippine Bar
then filed a complaint with the IBP charging and the California Bar in the United States. For
Atty. Casis with gross immorality and gross willful disobedience of a lawful order of a
misconduct. However, shortly afterwards, upon Superior Court in Los Angeles, Atty. LA was
Atty. Casis’ pleas, Miss Cerrada filed a motion to suspended from the practice of law in
withdraw the complaint. The IBP had required California for one (1) year. May his suspension
Atty. Casis to file an answer but he did not do so, abroad be considered a ground for disciplinary
relying on Miss Cerrada’s withdrawal of the action against Atty. LA in the Philippines? Why?
complaint against him. Can the IBP continue to (2002 BAR)
investigate Atty. Casis and recommend the
imposition of sanctions against him, and for the A: The suspension of Atty. LA from the practice of
Court to impose sanctions, if warranted, law abroad may be considered as a ground for
notwithstanding Miss Cerrada’s filing of the disciplinary action here if such suspension was
motion to withdraw the complaint against him? based on one of the grounds for disbarment in the
(2018 BAR) Philippines or shows a loss of his good moral
character, a qualification he has to maintain in
A: YES. The IBP can continue to investigate Atty. order to remain a member of the Philippine Bar.
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 READMISSION TO THE BAR
respondent a defendant. It involves no private
interest and affords no redress for private
grievances. A disciplinary action is in reality an LAWYERS WHO HAVE BEEN DISBARRED
investigation by the court into the misconduct of its
officer or an examination into his character. Q: Atty. Queliza was convicted of qualified
Desistance or withdrawal of the disbarment case seduction. He was subsequently disbarred at
does not exonerate the respondent. If the evidence the initiative of the IBP. Before he could
on record warrants, the respondent may be complete the service of his sentence, he was
suspended or disbarred despite the desistance of given an absolute pardon by the President. He
the complainant or his withdrawal of the charges thereupon petitioned the Supreme Court for
(Rayos-Ombac v. Rayos, A.C. No. 2884, 285 SCRA 93, reinstatement to the practice oflaw as a legal
January 28, 1988) and logical consequence of the absolute
pardon. Is he entitled to reinstatement? (1994
DISCIPLINE OF FILIPINO LAWYERS BAR)
PRACTICING ABROAD
A: An absolute pardon granted to a lawyer who has
41

been previously disbarred for conviction of a crime administrative and other relevant skills), as
involving moral turpitude does not automatically well as potential for public service.
entitle him to reinstatement. The matter of his 5. There must be other relevant factors and
reinstatement is still subject to the discretion of the circumstances that may justify clemency.
Supreme Court. He should still show by evidence (Macarrubo v. Macarrubo, Adm. Case No. 6148,
aside from the absolute pardon that he is now a January 22, 2013)
person of good moral character, a fit and proper
person to practice law. (In Re Rovero, 101 SCRA LAWYERS WHO HAVE BEEN REPATRIATED
797)
Q: Atty. Repatriar, a law school classmate,
Q: The Faculty of the College of Law of the approached you on your 25th Class Reunion,
University of the Philippines pleaded for with questions on how he can resume the
compassion on behalf of Atty. Juan Santos. The practice of law in the Philippines. He left the
Supreme Court had earlier found Atty. Santos country in 1977 after two (2) years of initial
guilty of grave professional misconduct and law practice, and migrated to the United States
imposed upon him “an indefinite suspension, where he was admitted to the practice of law in
leaving it to him to prove at some future and the State of New York. He asks that you give him
opportune time that he shall have once again a formal legal opinion on his query.
regained the fitness to be allowed to resume the
practice of law as an officer of the court." Is the Outline briefly the steps and the supporting
plea of the Faculty for Atty. Juan Santos well legal reasons you would state in your legal
taken? Explain. (1993 BAR) opinion on what Atty. Repatriar should do to
resume his Philippine practice. (2013 BAR)
A: The plea of the Faculty of Law of the University
of the Philippines asking compassion on behalf of A: Atty. Repatriar must prepare a sworn petition to
Atty. Juan Santos is not well taken. In order that a reacquire the privilege to practice law in the
lawyer who was disbarred can be reinstated, he Philippines. He should manifest in his petition his
must show with convincing proof that he has good desire to resume his law practice in the Philippines,
moral character acquired through positive efforts, and he is not disqualified to practice law. The “right
honorable dealings and moral reformation as to be to resume the practice of law” is not automatic.
fit to practice law again. Mere allegation of R.A. No. 9225 provides that a person who intends
compassion for a lawyer is not sufficient. In one to practice his profession in the Philippines must
decision of the Supreme Court, in order that a apply with the proper authority for a license or
disbarred lawyer can be reinstated, he must prove permit to engage in such practice. It cannot be
his good moral character as if he is applying for overstressed that the practice of law is a privilege
admission to the bar. burdened with conditions. It is so delicately
affected with public interest that it is both the
Q: Mr. O was disbarred from the practice of law power and duty of the State (through this Court) to
in 2009 for gross immorality. Ten (10) years control and regulate it in order to protect and
later, at age 58, he asked for judicial clemency promote the public welfare.
and filed a petition for his reinstatement in the
Roll of Attorneys. Mr. O had asked forgiveness Adherence to rigid standards of mental fitness,
from his children and maintained a cordial maintenance of the highest degree of morality,
relationship with his complainant wife. He also faithful observance of the legal profession,
submitted a certification from the parish priest compliance with the mandatory continuing legal
and members of the Integrated Bar of the education requirement and payment of
Philippines chapter to which he belongs of his membership fees to the Integrated Bar of the
civic mindedness and good moral character. Philippines (IBP) are the conditions required for
membership in good standing in the bar and for
Based on the guidelines for the reinstatement enjoying the privilege to practice of law. Any
of a disbarred lawyer, may Mr. O be reinstated breach by a lawyer of any of these conditions
as a member of the Bar? Explain. (2019 BAR) makes him unworthy of the trust and confidence
which the courts and client’s repose in him for the
A: YES. O may be reinstated in the Roll of continued exercise of his professional privilege”
Attorneys. The Court laid down the following (In Re: Petition to reacquire the privilege to
guidelines in resolving requests for judicial practice law in the Philippines, Epifanio B. Muneses,
clemency, to wit: B.M. No. 2112, July 24, 2012)

1. There must be proof of remorse and He should file the petition with the Supreme Court,
reformation. through the Bar Confidant accompanied by the
2. Sufficient time must have lapsed from the original or certified copies of the following
imposition of the penalty to ensure a period documents:
of reform.
3. The age of the person asking for clemency 1. Showing that he is still a Filipino citizen. ”The
must show that he still has productive years Court reiterates that Filipino citizenship is a
ahead of him that can be put to good use by requirement for admission to the bar and is, in
giving him a chance to redeem himself. fact, a continuing requirement for the practice
4. There must be a showing of promise (such as of law” (In Re: Petition to Re-acquire the
intellectual aptitude, learning or legal acumen Privilege to Practice Law in the Philippines, B.M.
or contribution to legal scholarship and the No. 2112, supra). Having retained Philippine
development of the legal system or citizenship could be evidenced by the

42
QuAMTO (1987-2019)
Philippine passport, the U.S. Green card Is respondent entitled to resume the practice of
showing Philippine citizenship and U.S. Law? Explain. (2010 BAR)
residency or other authentic documents which
the Supreme Court may require. A: YES, as long as he observes the procedure laid
down in Petition for Leave to Resume Practice of
On the other hand, if Atty. Repatriar has lost his Law of Benjamin M. Dacanay (B.M. No. 1678,
Philippine citizenship, he must submit the December 17, 2007, 540 SCRA 424), to wit:
following:
a. Updating and payment in full of the annual
a. Petition for Re-Acquisition of Philippine membership dues in the IBP;
Citizenship; b. Payment of the professional tax;
b. Order (for Re-Acquisition of Philippine c. Completion of at least 36 credit hours of
citizenship); mandatory continuing legal education; and,
c. Oath of Allegiance to the Republic of the d. Pre-taking of the lawyer’s oath.
Philippines; __________________________________________________________
d. Identification Certificate (IC) issued by the
Bureau of Immigration. NOTARIAL PRACTICE
(A.M. NO. 02-8-13-SC, AS AMENDED)
The loss of Filipino citizenship means termination __________________________________________________________
of Atty. Repatriar’s membership in the bar; ipso
jure the privilege to engage in the practice of law. POWERS AND LIMITATIONS
Under R.A. No. 9225, natural- born citizens who
Q: Enumerate the instances when a Notary
have lost their Philippine citizenship by reason of
Public may authenticate documents without
their naturalization as citizens of a foreign country
requiring the physical presence of the
are deemed to have re-acquired their Philippine
signatories. (2010 BAR)
citizenship upon taking the oath of allegiance to

the Republic. Thus, a Filipino lawyer who becomes
A:
a citizen of another country and later re- acquires
1. If the signatory is old or sick or otherwise
his Philippine citizenship under R.A. No. 9225,
unable to appear, his presence may be
remains to be a member of the Philippine Bar (B.M.
dispensed with if one credible witness not
No. 2112, In re: Petition to re-acquire the privilege
privy to the instrument and who is known
to practice law in the Philippines, supra)
to the notary public, certifies under oath or

affirmation the identity of the signatory.
2. Certification from the IBP indicating updated 2. If two credible witnesses neither of whom is
payments of annual membership dues; privy to the instrument, not known to the
3. Proof of payment of professional tax; and notary public but can present their own
4. Certificate of compliance issued by the MCLE competent evidence of identity, certify
Office. (Ibid.) under oath or affirmation to the identity of
5. A certificate of good moral character the signatory.
attested to by at least three (3) members of 3. In case of copy certification and issuance of
the bar; and certified true copies.
6. A certification from the State Bar of New
York that Atty. Repatriar does not have any
Q: Comment on the propriety of the acts of
previous or pending disciplinary action filed
the municipal judge who prepared and
against him before that body.
notarized the following documents:

Q: After passing the Philippine Bar in 1986,
a. a deed of absolute sale executed by two of
Richards practiced law until 1996 when he
his friends;
migrated to Australia where he subsequently
b. an extrajudicial settlement of estate of his
became an Australian citizen in 2000. As he
cousins;
kept abreast of legal developments, petitioner
c. a memorandum of agreement between a
learned about the Citizenship Retention and
building contractor and a neighboring
Re-Acquisition Act of 2003 (Republic Act No.
municipality;
9225), pursuant to which he reacquired his
d. a memorandum of agreement between
Philippine citizenship in 2006. He took his oath
another private contractor and the
of allegiance as a Filipino citizen at the
municipality where he sits as judge. (1995
Philippine Embassy in Canberra, Australia.
BAR)
Jaded by the laid-back life in the outback, he

returned to the Philippines in December 2008.
A: Municipal Judges may not engage in notarial
After the holidays, he established his own law
work except as notaries public ex-officio. As
office and resumed his practice of law.
notaries public ex-officio, they may engage only in

notarization of documents connected with the
Months later, a concerned woman who had
exercise of their judicial functions. They may not as
secured copies of Atty. Richards’ naturalization
such notaries public ex-officio, undertake the
papers with consular authentication, filed with
preparation and acknowledgment of private
the Supreme Court an anonymous complaint
documents, contracts and other acts of conveyance,
against him for illegal practice of law.
which bear no relation to the performance of their

43

functions as judges. BAR)

However, taking judicial notice of the fact that A: Atty. Z may be held criminally liable for violating
there are still municipalities which have neither Article 171 (Falsification by Public Officer) of the
lawyers nor notaries public, the Supreme Court Revised Penal Code, by making it appear that X and
ruled that MTC and MCTC Judges assigned to Y appeared and acknowledged having executed
municipalities or circuits with no lawyers or the deed of sale before him, when in fact they did
notaries public may, in their capacity as notaries not so appear or acknowledged. He may also be
public ex-officio, perform any act within the administratively liable for not obeying the laws of
competency of a regular notary public, provided the land (Canon 1, Code of Professional
that: (1) all notarial fees charged be for the account Responsibility). Moreover, his jurisdiction as
of the Government and turned to the municipal notary is only in Quezon City.
treasurer and (2) certification be made in the
notarized documents attesting to the lack of any Q: Jojo, a resident of Cavite, agreed to purchase
lawyer or notary public of such municipality or the lot owned by Tristan, a resident of Bulacan.
circuit (Balayon, Jr. vs. Ocampo, 218 SCRA 13) Atty. Agaton, Jojo’s lawyer who is also a notary
public, prepared the Deed of Sale and Jojo
On the basis of the foregoing, I would say that the signed the document in Cavite. Atty. Agaton
propriety of the actuations of the municipal judge then went to Bulacan to get the signature of
in this problem depends on whether or not there Tristan. Thereafter, Atty. Agaton went back to
are notaries public available in his community. If his office in Cavite where he notarized the Deed
there are notaries available, his acts are improper. of Sale. Is the notarization legal and valid?
Otherwise, they are proper, provided that the two Explain. (2016 BAR)
conditions mentioned above are complied with.
A: The Notarization is not legal and valid. Rule IV,
JURISDICTION OF NOTARY PUBLIC AND PLACE Section 2(b) of the 2004 Rules on Notarial Practice
OF NOTARIZAZTION provides that a person shall not perform a notarial
act if the person involved as signatory to the
Q: Atty. Sabungero obtained a notarial instrument or document is not personally in the
commission. One Sunday, while he was at the notary’s presence at the time of notarization.
cockpit, a person approached him with an Tristan was not in Atty. Agaton’s presence when
affidavit that needed to be notarized. Atty. the latter notarized the deed of sale in his office in
Sabungero immediately pulled out from his Cavite; moreover, Tristan signed in Bulacan which
pocket his small notarial seal, and notarized is outside the Atty. Agaton’s territorial jurisdiction.
the document. Was the affidavit validly _________________________________________________________
notarized? Explain. (2009 BAR)
CANONS OF PROFESSIONAL ETHICS
A: Section 2, Rule IV of the 2004 Rules on Notarial __________________________________________________________
Practice provides that a Notary Public shall not
Q: Under the Code of Professional
perform a notarial act outside his regular place of
Responsibility, what is the principal obligation
work, except in few exceptional occasions or
of a lawyer towards:
situations, at the request of the parties. Notarizing
in a cockpit is not one of such exceptions. The
a. The legal professional and the
prohibition is aimed to eliminate the practice of
Integrated Bar?
ambulatory notarization. However, assuming that
b. His professional colleagues?
the cockpit is within his notarial jurisdiction, the
c. The development of the legal system?
notarization may be valid but the notary public
d. The administration of justice?
should be disciplined.
e. His client? (2004 BAR)

Q: What is the extent of the jurisdiction of a
A:
notary public? (1995 BAR)
a. A lawyer shall at all times uphold the integrity

and dignity of the legal profession, and support
A: The Jurisdiction of a notary public in a province
the activities of the integrated bar (Canon 7,
shall be co-extensive with the province. The
Code of Professional Responsibility).
jurisdiction of a notary public in the City of Manila
b. A lawyer shall conduct himself with courtesy,
shall be co-extensive with said city. No notary shall
fairness and candor towards his professional
possess authority to do any notarial act beyond the
colleagues, and shall avoid harassing tactics
limits of his jurisdiction (Sec. 240, Rev. Adm. Code).
against opposing counsel (Canon 8, Code of

Professional Responsibility).
Q: Atty. Z, a notary public commissioned in
c. A lawyer shall participate in the improvement of
Quezon City, attended a wedding at Makati. B
the legal system by initiating or supporting
requested Z to notarize a deed of sale executed
efforts in law reform and in the administration
between X and Y who were both in Baguio City.
of justice (Canon 4, Code of Professional
Atty. Z who has a portable notarial seal,
Responsibility).
notarized the document. Subsequently, X

assailed the document alleging that his
ALTERNATIVE ANSWER:
signature thereon was falsified. X filed a case

for disbarment against Atty. Z.
a. A lawyer shall keep abreast of legal

developments, participate in continuing legal
Will the complaint prosper? Explain. (1996
education programs, support efforts to achieve

44
QuAMTO (1987-2019)
high standards in law schools as well as in the Disqualification of Justices and Judges (Rule
practical training of law students and assist in 137)
disseminating information regarding the law
and jurisprudence (Canon 5, Code of Professional Q: In a land registration case before Judge
Responsibility). Lucio, the petitioner is represented by the
b. A lawyer shall exert every effort and consider second cousin of Judge Lucio’s wife.
his duty to assist in the speedy and efficient
administration of justice (Canon 12, Code of a. Differentiate between compulsory and
Professional Responsibility) voluntary disqualification and
determine if Judge Lucio should
ALTERNATIVE ANSWER: disqualify himself under either
circumstance.
a. A lawyer shall participate in the improvement b. If none of the parties move for his
of the legal system by initiating or supporting disqualification, may Judge Lucio
efforts in law reform and in the administration proceed with the case? (2015 BAR)
of justice. (Canon 4, Code of Professional
Responsibility) A:
b. lawyer shall observe candor, fairness and a. In compulsory disqualification, the judge is
loyalty in all his dealings and transactions with compelled to inhibit himself from presiding
his client. (Canon 15, Code of Professional over a case when any of the ground
Responsibility) provided by the law or the rules exist. Under
Section 1, Rule 137 of the Revised Rules of
Q: In a complaint for disbarment, Connie Court, no judge or judicial officer shall sit in
alleged that she engaged the services of Atty. any case (1) in which he, or his wife or child,
Cesar Corpuz in the preparation and execution is pecuniarily interested as heir, legatee,
in her favor of a Deed of Sale over a parcel of creditor or otherwise, or (2) in which he is
land from her common-law husband. related to either party within the sixth
degree of consanguinity or affinity or to
Subsequently, Atty. Corpuz filed a civil case on counsel within the fourth degree computed
behalf of Constancia, the legal wife of Connie’s according to the rules of the civil law, or in
common-law husband, for the annulment of the which he has been executor, administrator,
Deed of Sale, impleading Connie as defendant. trustee or counsel, or (4) in which he has
presided in any inferior court when his
In his defense, Atty. Corpuz asserted that, with ruling or decision is the subject of review,
the permission of Constancia, he wrote a letter without consent of all parties in interest and
to Connie informing the latter of Constancia’s entered upon the record.
adverse claim and urging her to settle the same,
but Connie ignored his letter. Section 5, Canon 3 of the New Code of
Judicial Conduct for the Philippine Judiciary
He also said that Connie did not object to his adds the following grounds:
handling of the case on behalf of Constancia;
and therefore, he felt free to file the complaint a. The judge has actual bias or prejudice
against her. Is Atty. Corpuz guilty of misconduct concerning a party or personal knowledge of
for representing conflicting interests? (2018 disputed evidentiary facts concerning the
BAR) proceedings;
b. The judge has previously served as a lawyer
A: Canon 15, Rule 15.03, of the Code of Professional or was a material witness in the matter
Responsibility provides that a lawyer shall not under controversy.
represent conflicting interests except by written
consent of all concerned given after a full In voluntary disqualification, a judge may inhibit
disclosure of the facts. Atty. Corpuz was clearly himself in the exercise of his discretion. Paragraph
guilty of misconduct for representing conflicting 2, Rule 137 of the Revised Rules of Court provides
interests. Not only did Atty. Corpuz agreed to that “a judge may, in the exercise of his sound
represent one client against another client in the discretion, disqualify himself from sitting in a case,
same action; he also accepted a new engagement for just and valid reasons other than those
that required him to oppose the interest of his mentioned above”. The New Code of Professional
other client in a property in which his legal service Conduct for the Philippine Judiciary adds that
had been previously retained. Atty. Corpuz did not “judges shall disqualify themselves from
qualify for the exception under Canon 15. He did participating in any proceedings in which they are
not make a full disclosure of facts to Connie and unable to decide the matter impartially or in which
Constancia before he accepted the new it may appear to a reasonable observer that they
engagement from Constancia. He failed to obtain are unable to decide the matter impartially.”
the written consent of his two clients as required
under Canon 15. (Josefina M. Aniñon v. Atty. There is no mandatory ground for Judge Lucio to
Clemencio Sabitsana, Jr., A.C. No. 5098, April 11, disqualify himself. The second cousin of his wife, a
2012) sixth degree relative, is appearing not as a party but
as counsel.
JUDICIAL ETHICS
45

b. If none of the parties moves for his Court held that the fact that one of the counsels in
disqualification, Judge Lucio may proceed a case was a classmate of the trial judge is not a
with the case. All the more so if, without the legal ground for the disqualification of the judge.
participation of the Judge, the parties and
their lawyers execute a written agreement Q: In a case pending before the Sandiganbayan,
that Judge Lucio may proceed with the same, the Sandiganbayan justices themselves actually
and such agreement Is signed by them and took part in the questioning of a defense
made a part of the records of the case. witness and the accused. The records show
that, while a witness was asked 16 questions on
Q: Rebecca’s complaint was raffled to the sala of direct examination by the defense counsel and
Judge A. Rebecca is a daughter of Judge A’s wife six (6) questions by the prosecutor on cross-
by a previous marriage. This is known to the examination, one justice interjected a total of
defendant who does not, however, file a motion 27 questions. After the defense opted not to
to inhibit the Judge. Is the Judge justified in not conduct any re-direct examination, another
inhibiting himself from the case? (2010 BAR) justice asked 10 more questions. With respect
to one of the accused, both justices asked a total
A: The judge is not justified in not inhibiting of 67 questions after cross-examination, and
himself. It is mandatory for him to inhibit if he is with respect to the other accused, a total of 41
related to any of the parties by consanguinity or questions after cross-examination. More
affiant within the sixth civil degree (Sec. 3 [f] Canon importantly, the questions of the justices were
3, New Code of Judicial Conduct for the Philippine in the nature of cross-examinations
Judiciary). Judge A, being the stepfather of Rebecca, characteristic of confrontation, probing, and
is related to her by affinity by just one degree. insinuation.
“Judges shall disqualify themselves from
participating in any proceeding in which they are Is this manner of questioning proper? (2018
unable to decide the matter impartially or in which BAR)
it may appear to a reasonable observer that they
are unable to decide the matter impartially” (Id., A: This Court has acknowledged the right of a trial
Sec. 5, Canon 3). The fact that Rebecca is a daughter judge to question witnesses with a view to
of Judge A’s wife is liable to make a reasonable satisfying his mind upon any material point which
observer doubt his impartially. presents itself during the trial of a case over which
he presides. But not only should his examination be
Q: RTC Judge Q is a deacon in the Iglesia ni limited to asking “clarificatory” questions, the right
Kristo church in San Francisco del Monte, should be sparingly and judiciously used, for the
Quezon City. R, a member of the same religious rule is that the court should stay out of it as much
sect belonging to the same INK community in as possible, neither interfering nor intervening in
San Francisco del Monte, filed a case against S the conduct of the trial. Here, these limitations
who belongs to the El Shaddai charismatic were not observed. Hardly in fact can one avoid the
group. The case was raffled to Judge Q's sala. impression that the Sandiganbayan had allied itself
The lawyer of S filed a motion to disqualify with, or to be more precise, had taken the cudgels
Judge Q on the ground that since he and the for the prosecution in proving the case against
plaintiff belonged to the same religious sect Tabuena and Peralta when the Justices cross-
and community in San Francisco del Monte, examined the witnesses, their cross-examination
Judge Q would not possess the cold neutrality supplementing those made by Prosecutor Viernes
of an impartial judge. Judge Q denied the and far exceeding the latter’s questions in length.
motion on the ground that the, reason invoked The “cold neutrality of an impartial judge”
for his disqualification was not among the requirement of due process was certainly denied
grounds for disqualification under the Rules of against Tabuena and Peralta when the court, with
Court and the Code of Judicial Conduct. Was its overzealousness, assumed the dual rule of
Judge Q’s denial of the motion for inhibition magistrate and advocate. (Tabuena v.
well founded? (1997 BAR) Sandiganbayan, G.R. No. 103501-03, 268 SCRA 332,
February 17, 1997
A: The fact that Judge Q and Litigant R both belong
to the Iglesia Ni Kristo while Litigant S belongs to Q: (a) Distinguish compulsory from voluntary
the El Shaddai group, is not a mandatory ground inhibition of judges.
for disqualifying Judge Q from presiding over the
case. The motion for his inhibition is addressed to (b) State at least two (2) instances when a judge
his sound discretion and he should exercise the must compulsorily inhibit from a case.
same in a way the people's faith in the courts of
justice is not impaired. He should reflect on the A:
probability that a losing party might nurture at the (a) In compulsory/mandatory inhibition, judges
back of his mind the thought that the Judge had are duty-bound to inhibit themselves in instances
unmeritoriously tilted the scales of Justice against listed under Rule 137 of the Rules of Court and
him (Dimacuha vs. Concepcion. 117 SCRA630). Canon 3, Section 5 of the New Code of Judicial
Under the circumstances of this case, where the Conduct (NCJC), unless they are waived in writing
only ground given for his disqualification is that he by the parties and lawyers to the case. In voluntary
and one of the litigants are members of the same inhibition, on the other hand, judges may, in their
religious community, I believe that his denial of the sound discretion, choose to disqualify themselves
motion for his disqualification is proper. In Vda. de for other valid causes not listed in Rule 137 or
Ignacio v. BLTBus Co., 34 SCRA 618, the Supreme Canon 3, Section 5 of the NCJC.

46
QuAMTO (1987-2019)
(b) Section 1 par. 1 of Rule 137 of the Rules of Court in which he has presided in any inferior court
enumerated the compulsory grounds for inhibition when his ruling or decision is the subject of
of judges, to wit: review, without the written consent of all
parties in interest, signed by them and entered
Section 1. Disqualification of judges. No judge or upon the record. This rule enumerates the
judicial officer shall sit in any case in which he, or grounds under which a judge is legally
his wife or child, is pecuniarily interested as heir, disqualified from sitting in a case, and excludes
legatee, creditor or otherwise, or in which he is all other grounds not specified therein. The
related to either party within the sixth degree of judge may, however, in the exercise of his
consanguinity or affinity, or to counsel within the sound discretion, disqualify himself from
fourth degree, computed according to the rules of sitting in a case, for just or valid reasons other
the civil law, or in which he has been executor, than those mentioned above.
administrator, guardian, trustee or counsel, or in
which he has presided in any inferior court when Under said rule, the judge may voluntarily
his ruling or decision is the subject of review, inhibit himself from sitting in a case, for just
without the written consent of all parties in and valid reasons other than those mentioned
interest, signed by them and entered upon the in the rule.
record.
2. The judge may not voluntarily inhibit himself
Q: Lawyer W lost his ejectment case in the by the mere fact that a lawyer recommended
Municipal Trial Court. He appealed the decision him to the Bench. In fact, the appearance of
to the RTC which V, the judge thereof, affirmed said lawyer is attest as to whether the judge
through a memorandum decision. He filed a can act independently and courageously in
motion for reconsideration praying that RTC deciding the case according to his conscience.
should state facts and law on which its decision Inhibition is not allowed at every instance that
is based. Judge V denied his motion. Instead of a friend, classmate, associate or patron of a
filing a Petition for Review, lawyer W filed an presiding judge appears before him as counsel
administrative complaint against Judge V for for one of the parties to a case. “Utang na loob”,
breach of the Code of Judicial Conduct. What is per se, should not be a hindrance to the
the liability of Judge V, if any? (1991 BAR) administration of justice. Nor should
recognition of such value in Philippine society
A: There is no breach of the Code of Judicial prevent the performance of one’s duties as
Conduct committed by the RTC Judge. The judge, xxx (Masadao and Elizaga Re: Criminal
memorandum decision rendered in an appeal from Case No. 4954-M; 155 SCRA 78- 79). However,
the Municipal Court in its original jurisdiction in order to avoid any suspicion of partiality, it
carries with it the statement of facts found by the is better to the judge to voluntarily inhibit
Municipal Court which are deemed affirmed by the himself.
RTC judge. Memorandum decisions are allowed on
appeal. Q: Judge L is assigned in Turtle Province.
His brother ran for Governor in Rabbit
Q: Province. During the election period this
1. Discuss briefly grounds for disqualification year, Judge L took a leave of absence to help
or inhibition of judges to try a case. his brother conceptualize the campaign
2. A judge rendered a decision in a criminal
case finding the accused guilty of estafa.
strategy. He even contributed a modest
Counsel for the accused filed a motion for amount to the campaign kitty and hosted
reconsideration which was submitted lunches and dinners. Did Judge L incur
without arguments. Later, another lawyer administrative and/or criminal liability?
entered his appearance for the accused. The Explain. (2010 BAR)
judge issued an order inhibiting himself
from further sitting in the case because the A: Judge L incurred administrative liability. Rule
latter lawyer had been among those who 5.18 of the Code of Judicial Conduct (which is
recommended him to the Bench. Can the applicable in a suppletory character to the New
judge's voluntary inhibition be sustained? Code of Conduct for the Philippine Judiciary)
(1989, 1988 BAR) provides that “[A] Judge is entitled to entertain
personal views on political questions, but to avoid
A: suspicion of political partisanship, a judge shall not
make political speeches, contribute to party funds,
1. Under Rule 137 Section 1 of the Rules of Court, publicly endorse candidates for political office or
a judge is disqualified to sit in every case in participate in other partisan political activities.”
which he, or his wife or child, is pecuniarily
interested as heirs; legatee, creditor, or He may also be held criminally liable for violation
otherwise, or in which he is related to either of Section 26 (I) of the Omnibus Election Code, which
party within the sixth degree of consanguinity penalizes any officer or employee in the civil
or affinity, or to counsel within the fourth service who, directly or indirectly, intervenes, in
degree computed according to the rules of civil any election campaign or engages in any partisan
law or in which he has been executor, political activity, except to vote or to preserve
administrator, guardian, trustee or counsel, or public order.

47

Q: Judge C was appointed MTC Judge in 1993. Q: In a case for homicide filed before the
Subsequently, the Judicial and Bar Council Regional Trial Court (RTC), Presiding Judge
received information that previously he had Quintero issued an order for the arrest of the
been dismissed as Assistant City Prosecutor of accused, granted a motion for the reduction of
Manila. It appeared that when he applied for bail, and set the date for the arraignment of the
appointment to the Judiciary, his answer to the accused. Subsequently, Judge Quintero
question in the personal Data Sheet - “Have you inhibited himself from the case, alleging that
ever been retired, dismissed or forced to resign even before the case was raffled to his court, he
from any employment?" was - “Optional under already had personal knowledge of the
Republic Act No. 1145.” The truth is, he was circumstances surrounding the case. Is Judge
dismissed for gross misconduct as Assistant Quintero’s inhibition justified? Explain. (2009,
City prosecutor. May he be dismissed as Judge? 2004 BAR)
(1998 BAR)
A: Judge Quintero’s inhibition is justified. One of the
A: YES. By his concealment of his previous grounds for inhibition under Section 5, Canon 3 of
dismissal from the public service, which the the New Code of Judicial Conduct for the Philippine
Judicial and Bar Council would have taken into Judiciary is “where the judge has actual bias or
consideration in acting on his application for prejudice concerning a party or personal
appointment as a judge, he (the judge) committed knowledge of disputed evidentiary facts
an act of dishonesty that rendered him unfit to be concerning the proceedings.”
appointed, and to remain, in the Judiciary he has
tarnished with his falsehood. (Re: Inquiry on the Q: In a case before him, it was the son of
Appointment of Judge Enrique A. Cube, 227 SCRA Municipal Trial Court Judge X who appeared as
193; Jose Estacion, 181 SCRA 33, EstanislaoBelan, counsel for the plaintiff. After the proceeding,
August 6, 1998) judgment was rendered in favor of the plaintiff
and against the defendant, B. the defendant in
Compulsory the case, complained against Judge X for not
disqualifying himself in hearing and deciding
Q: State at least five (5) instances where judges the case. In his defense, Judge X alleged that he
should disqualify themselves from did not disqualify himself in the case because
participating in any proceedings where their the defendant never sought his disqualification.
impartiality might reasonably be questioned Is Judge X liable for misconduct in office? (1999
(2016 BAR) BAR)

A: Any five (5) of the following instances provided A: Judge X is liable for misconduct in office. Rule
in Sec. 5, Canon 3 of the New Code of Conduct for 3.12 of the Code of Judicial Conduct provides that a
the Philippine Judiciary: judge should take no part in a proceeding where his
impartiality might reasonably be questioned. In
a. The judge has actual bias or prejudice fact, it is mandatory for him to inhibit or disqualify
concerning a party or personal knowledge of himself if he is related by consanguinity or affinity
disputed evidentiary facts concerning the to a party litigant within the sixth degree or to
proceedings; counsel within the fourth degree (Hurtado v.
b. The judge previously served as a lawyer or was Jurdalena, 84 SCRA 41). He need not wait for a
a material witness in the matter in motion of the parties in order to disqualify himself.
controversy;
c. The judge or a member of his or her family has Voluntary
an economic interest in the outcome of the
matter in controversy; Q: Judge Clint Braso is hearing a case between
d. The judge served as executor, administrator, Mr. Timothy and Khristopher Company, a
guardian, trustee or lawyer in the case or company where his wife used to work as one of
matter in controversy, or a former associate of its Junior Executives for several years.
the judge served as counsel during their Doubting the impartiality of the Judge, Mr.
association, or the judge or lawyer was a Timothy filed a motion to inhibit Judge Clint
material witness therein; Braso refused on the ground that his wife has
e. The judge’s ruling in a lower court is the long resigned from the company. Decide. (2014
subject of review; BAR)
f. The judge is related by consanguinity or
affinity to a party litigant within the sixth civil A: The fact that Judge Braso’s wife used to work for
degree or to counsel within the fourth civil Khristopher Company is not a mandatory ground
degree; or for his inhibition. However, Section 2, Canon 3 of
g. The judge knows that his or her spouse or child the New Code of Judicial Conduct for the Philippine
has a financial interest, as heir, legatee, Judiciary provides that judges should disqualify
creditor, fiduciary, or otherwise, in the subject themselves from participating in any proceeding
matter in controversy or in a party to the in which “it may appear to a reasonable observer
proceeding, or any other interest that could be that they are unable to decide the matter in
substantially affected by the outcome of the partially.” The Supreme Court has advised that a
proceedings. judge “should exercise his decision in a way that
the people’s faith in the courts of justice is not
NOTE: Section 1, Rue 137 of the Revised Rules of impaired” (Pimentel v. Salanga, G.R. No. L- 27934,
Court, provides for similar grounds. September 18, 1967). While it may not be

48
QuAMTO (1987-2019)
reasonable to believe that Judge Braso cannot be regarding his intention to ask the permission of
impartial because his wife used to work as a Junior the Supreme Court to act as counsel for and thus
Executive for Khristopher Company, the better represent his wife in the trial of a civil case for
part of prudence would dictate that he inhibits damages pending before the Regional Trial
himself from the case involving the said company. Court of Aparri, Cagayan. What would be your
advice to him? Discuss briefly. (2004 BAR)
Q: Justice B of the Court of Appeals (CA) was a
former Regional Trial Court (RTC) Judge. A A: I would advise him against it. Rule 5.07 of the
case which he heard as a trial judge was raffled Code of Judicial Conduct expressly and absolutely
off to him. The appellant sought his prohibits judges from engaging in the private
disqualification from the case but he refused practice of law, because of the incompatible nature
on the ground that he was not the judge who between the duties of a judge and a lawyer.
decided the case as he was already promoted to Moreover, as a Judge he can influence to a certain
the appellate court before he could decide the extent the outcome of the case even if it is with
case. Was the refusal of Justice B to recuse from another court. A Judge shall refrain from
the case proper? Explain your answer. (2014 influencing in any manner the outcome of litigation
BAR) or dispute pending before another court or
administrative agency (Rule 2.04, Code of Judicial
A: The refusal of Justice B to recuse from the case is Conduct)
improper. In the case of Sandoval v. CA (G.R. No.
106657, August 1, 1996, 260 SCRA 283), involving INITIATION OF COMPLAINT AGAINST
the same facts, the Supreme Court held that the JUDGES AND JUSTICES
Court of Appeals Justice concerned was not legally
bound to inhibit himself from the case. However, he Q: An anonymous letter addressed to the
“should have been more prudent and circumspect Supreme Court was sent by one Malcolm X, a
and declined to take on the case, owing to his concerned citizen, complaining against Judge
earlier involvement in the case,” because “a judge Hambog, Presiding Judge of the RTC of
should not handle a case in which he might be Mahangin City, Branch 7. Malcolm X reported
perceived, rightly or wrongly, to be susceptible to that Judge Hambog is acting arrogantly in court;
bias and partiality.” This axiom is “intended to using abusive and inappropriate language; and
preserve and promote public confidence in the embarrassing and insulting parties, witnesses,
integrity and respect for the judiciary.” and even lawyers appearing before him.
Attached to the letter were pages from
Q: The criminal case arising from the P10 transcripts of records in several cases heard
Billion Peso pork barrel scandal was raffled to before Judge Hambog, with Judge Hambog’s
Sandiganbayan Justice Marciano Cobarde. arrogant, abusive, inappropriate, embarrassing
Afraid that he would antagonize the parties, his and/or insulting remarks or comments
political patrons and ultimately, his judicial highlighted. Describe briefly the procedure
career, he decided to inhibit from participating followed when giving due course to a complaint
in the case, giving “personal reasons” as his against an RTC judge. (2015 BAR)
justification.
A: If the complaint is sufficient in form and
If you were to question the inhibition of SB substance, a copy thereof shall be sent to the
Justice Cobarde, on what legal basis, and where respondent, and he shall be required to comment
and how will you do this? (2013 BAR) within 10 days from date of service. Upon the filing
of the respondent’s comment, the Supreme Court
A: The grounds relied upon by Justice Cobarde for shall refer the matter to the Office of the Court
his inhibition conveys the impression that “the Administrator for evaluation, report and
parties” and “his political patrons” are in a special recommendation, or assign the case to a Justice of
position improperly to influence him in the the Court of Appeals, for investigation, report and
performance of judicial duties (New Code of recommendation. The investigating Justice shall set
Conduct for the Philippine Judiciary, Canon 4, Sec. 8). a date for the hearing and notify the parties thereof,
Furthermore, the Sandiganbayan sits in Divisions, and they may present evidence, oral or
so the fears of Justice Cobarde are unfounded. documentary, at such hearing. The investigating
Justice Cobarde should not shirk from the Justice shall terminate the investigation within 90
performance of his judicial duties. days from its commencement, and submit his
report and recommendation to the Supreme Court
I would file a motion with the Division of the within 30 days from the termination of the
Sandiganbayan in which Justice Cobarde is sitting investigation. The Supreme Court shall take action
for the remittal of his voluntary inhibition. I would on the report as the facts and the law may warrant
advance in motion the reasons why the “personal (Rule 140).
reasons” set forth by the Justice are insubstantial
and does not merit his inhibition. I would likewise Q: Judge A has an illicit relationship with B, his
set the motion for hearing as appropriate. Branch Clerk of Court. C, the wife of Judge A,
discovered the illicit affair and consulted a
Q: Assume that your friend and colleague, Judge lawyer to vindicate her violated marital rights.
Peter X. Mahinay, a Regional Trial Court judge If you were that lawyer, what would you advice
stationed at KL City, would seek your advice C, and if she agrees and asks you to proceed to
49

take action, what is the legal procedure that others to convey the impression that anyone is in
you should follow? Discuss fully. (2014 BAR) special position to influence them in the
performance of their judicial duties.
A: I will advise her to file an administrative case
against Judge A with the Supreme Court. I can tell DISCIPLINE OF MEMBERS OF THE JUDICIARY
her that she can also file civil or criminal actions
against him. But an administrative case is Lower court judges and justices of the Court of
confidential in nature and will not unnecessarily Appeals, Sandiganbayan and Court of Tax
drag the name and reputation of the court into the Appeals (Rule 140)
picture.
Q: A complaint for rape against ZZ was filed by
Q: Judge Celso Camarin posted in the bulletin the father of Dulce, an 11-year-old girl, with the
board of his sala for two weeks, an Municipal Trial Court of Bantayan, Cebu. After
advertisement which says: “Wanted attractive preliminary examination of the offended party
waitresses, personable waiters and cooks who and the witnesses, Judge YY of said court issued
may be interested in applying for employment an order finding probable cause and ordering
in my family’s restaurant business. Interested the arrest of ZZ without bail. ZZ was arrested
applicants may submit applications to Branch and de tained. He filed: (1) a Waiver of
XXX, RTC of Camarines Sur.” The screening of Preliminary Investigation, and (2) an Ex- Parte
some applicants was also conducted in the Motion to Fix Bail Bond. Judge YY granted the
Judge’s office. What provisions, if any, of the waiver and forthwith elevated the records of
Code of Judicial Conduct did Judge Camarin the case to the RTC, which forwarded the same
violate? (2018 BAR) to the Office of the Provincial Prosecutor.
A: In the case of Dionisio vs. Escano, involving the
same facts, the Supreme Court found the erring Ten (10) days after the elevation of the records.
judge to have violated the following rules of the YY, acting on the Motion to Fix Bail, issued an
Code of Judicial Ethics. (302 SCRA 411, February 1, order fixing the bail bond at P20, 000.00. The
1999) father of Dulce filed against YY an
administrative complaint for ignorance of law,
Canon 2 - A Judge should avoid impropriety and oppression, grave abuse of discretion and
the appearance of impropriety in all activities. partiality. If you were the executive judge of the
RTC designated to investigate the case and to
Canon 5, Rule 5.02 – A judge refrain from financial make a report and recommendation thereon,
and business dealings that tend to reflect adversely what would be your recommendation? (1991
on the court’s impartiality, interfere with the BAR)
proper performance of judicial activities, or
increase involvement with lawyers or persons A: The facts narrated in this case is similar to the
likely to come before the court. A Judge should so decision of the Supreme Court in 1989. The judge
manage investments and other financial interest to was found guilty of ignorance of the law for
minimize the number of case giving grounds for granting bail despite the fact that he had already
disqualification, and if necessary divest such lost jurisdiction after elevating the records of the
investment and interests. Divestment shall be case to the Regional Trial Court.
made within one year from the effectivity of this
Code or from appointment, as the case may be. If I am the RTC Judge assigned to investigate the
case I would recommend the dismissal of the Judge
Rule 5.03 – Subject to the provisions of the for gross ignorance of the law.
preceding rule, a judge may hold and manage
investment but should not serve as an office, Q: Under the grievance procedures in Rule 139-
director, advisor, or employee of any business B of the Rules of Court, may judges be
except as director, or non-legal consultant of a investigated by the Integrated Bar of the
family business. Philippines? Explain. (1989 BAR)

The corresponding provisions of the New Code of A: Judges may not be investigated under the
Judicial Conduct for the Philippine Judiciary would grievance procedure in Rule 139-B of the Rules of
be: Court. Complaints against judges are filed with the
Supreme Court which has administrative
Canon 4, Section 1 – Judges shall avoid supervision over all courts. This was the ruling of
impropriety and the appearance of impropriety in the Supreme Court in a minute resolution in reply
all their activities. to the letter of acting Presiding Justice of the Court
of Appeals Rodolfo Nocon 03 January 1989.
Section 7 – Judges shall inform themselves about
their personal fiduciary financial interests and Q: In Administrative Circular No. 1 addressed
shall make reasonable efforts to be informed about to all lower courts dated January 28, 1988, the
the financial interest of the members of their Supreme Court stressed:
family.
All judges are reminded that the Supreme
Section 8 – Judges shall not use or lend the prestige Court has applied the “Res Ipsa Loquitur” rule
of the judicial office to advance their private in the removal of judges even without any
interest, or of those of any member of their family formal investigation whenever a decision, on
or of anyone else, no shall they convey or permit its face, indicates gross incompetence or gross

50
QuAMTO (1987-2019)
ignorance of the law or gross misconduct (See: Judge Contaminada, and state where and how
People vs. Valenzuela, 135 SCRA 712; Cathay you would exercise these options. (2013 BAR)
Pacific Airways vs. Romillo, Jr., 142 SCRA 262).
A: As a counsel for Andy Malasuerte, I have the
option of participating in the administrative
The application of the “res ipsa loquitur” rule in
proceedings by filing a verified complaint in writing
the removal of judges is assailed in various
against Judge Contaminado, with the Office of the
quarters as inconsistent with due process and
Court Administrator, supported by affidavits of
fair play. Is there basis for such a reaction?
persons who have personal knowledge of the facts
Explain. (1988 BAR)
alleged therein or by documents which may

substantiate said allegations. The complaint shall
A: In one view, there is a basis for the reaction
state clearly and concisely the acts and omissions
against the res ipsa loquitur rule on removing
constituting violations of standards of conduct
judges. According to the position taken by the
prescribed for judges by law, the Rules of Court, the
Philippine Bar Association. The res ipsa loquitur
Code of Judicial Conduct (Rules of Court, Rule 140,
rule might violate the principle of due process, that
Sec. 1) and the new Code of Conduct for the
is the right to be heard before one is condemned.
Philippine Judiciary.

Moreover, Rule 140 of the Rules of Court provides
Q: Judge Horacio would usually go to the
for the procedure for the removal of judges. Upon
cockpits on Saturdays for relaxation, as the
service of the complaint against him, he is entitled
owner of the cockpit is a friend of his. He also
to file his answer. If the answer merits a hearing, it
goes to the casino once a week to accompany his
is referred to a justice of the Court of Appeals for
wife who loves to play the slot machines.
investigation, the report of the investigation is
Because of this, Judge Horacio was
submitted to the Supreme Court for proper
administratively charged. When asked to
disposition.
explain, he said that although he goes to these

places, he only watches and does not place any
The danger in applying the res ipsa loquitur rule is
bets. Is his explanation tenable? Explain. (2005
that the judge may have committed only an error of
BAR)
judgment. His outright dismissal does violence to

the jurisprudence set In Re Horilleno, 43 Phil. 212.
A: The explanation of Judge Horacio is not

tenable. In the case of City of Tagbilaran vs.
The other view taken by the Supreme Court is that
Hontanosas, Jr., 375 SCRA 1 [2002], the Supreme
the lawyer or a judge can be suspended or
Court penalized a city court judge for going to
dismissed based in his activities or decision, as long
gambling casinos and cockpits on weekends.
as he has been given an opportunity to explain his
According to the Court, going to a casino
side. No investigation is necessary.
violates Circular No. 4, dated August 27, 1980,

which enjoins judges of inferior courts from
Grounds
playing or being present in gambling casinos.

Q: An Audit team from the Office of the Court
The prohibition refers to both actual gambling
Administrator found that Judge Contaminada
and mere presence in gambling casinos. A
committed serious infractions through the
judge’s personal behavior, not only in the
indiscriminate grant of petitions for annulment
performance of judicial duties, but also in his
of marriage and legal separation. In one year,
everyday life, should be beyond reproach.
the judge granted 300 of such petitions when

the average number of petitions of similar
With regard to going to cockpits, the Supreme
nature granted by an individual judge in his
Court held that “verily, it is plainly despicable to
region was only 24 petitions per annum.
see a judge inside a cockpit and more so, to see

him bet therein. Mixing with the crowd of
The audit revealed many different defects in the
cockfighting enthusiasts and bettors is
granted petitions; many petitions had not been
unbecoming a judge and undoubtedly impairs
verified; the required copies of some petitions
the respect due him. Ultimately, the Judiciary
were not furnished to the Office of the Solicitor
suffers therefrom because a judge is a visible
General and the Office of the Provincial
representation of the Judiciary" (City of
Prosecutor; docket fees had not been fully paid;
Tagbilaran v. Hontanosas, Jr., ibid at p. 8)
the parties were not actual residents within the

territorial jurisdiction of the court; and, in some
cases, there was no record of the cross- Q: Before he joined the bench, Judge J was a
examinations conducted by the public vice-mayor. Judge J resumed writing a weekly
prosecutor or any documentary evidence column in a local newspaper. In his column,
marked and formally offered. All these, viewed Judge J wrote:
in their totality, supported the improvident and
indiscriminate grant that the OCA found. “It was wondering if the present vice-mayor
can shed off his crocodile hide so that he can
If you were the counsel for Andy Malasuerte and feel the clamor of the public for the resignation
other litigants whose marriages had been of hoodlum public officers of which he is one".
improperly and finally annulled, discuss your
options in administratively proceeding against When charged administratively, Judge J
51

invoked freedom of expression. Is his defense basis of his record, eligibility for the position he
tenable? Explain. (2011 BAR) was seeking. He did not discharge that duty. His
record did not contain the important information
A: The Judge’s reliance on freedom of expression is in question because he deliberately withheld and
untenable. The judge's vicious writings thus effectively hid it. His lack of candor is as
compromise his duties as judge in the impartial obvious as his reason for suppression of such vital
administration ofjustice. His writings lack judicial fact, which he knew would have been taken into
decorum which requires the use of temperate account against him if it had been disclosed.
language at all times. The judge should not
instigate litigation (Galang v. Santos, 307 SCRA 583 As stressed in the report, it behooves every
[1999], Royeca v. Animas. 71 SCRA 1 [1976]) prospective appointee to the judiciary to apprise
the appointing authority of every matter bearing
Q: A judge, in order to ease his clogged docket, on his fitness for judicial office, including such
would exert efforts to compel the accused in circumstances as may reflect on his integrity and
criminal cases to plead guilty to a lesser offense probity. These are qualifications specifically
and advise party litigants in civil cases, whose required of appointees to the judiciary under
positions appear weak, to accept the Article VIII, Sec. 7 (3) of the Constitution. The fact
compromise offered by the opposing party. Is alone of his concealment of the two criminal cases
the practice legally acceptable? (1998 BAR) against him is clear proof of his lack of the said
qualifications and renders him unworthy to sit as
A: The practice is legally acceptable as long as the a Judge."
judge does not exert pressure on the parties and
takes care that he does not appear to have The respondent Judge was accordingly removed
prejudged the case. Where a judge has told a party from office.
that his case is weak before the latter was fully ________________________________________________________
heard, such was considered as a ground for his
disqualification (Castillo v. Juan, 62 SCRA 124) PRACTICAL EXERCISES
_________________________________________________________
Q: A Judge of the Regional Trial Court,
notwithstanding the fact that he was facing SIMPLE CONTRACTS –
criminal charges at the time he obtained his LEASE, SALE OF REALTY
appointment, did not disclose the pendency of
the cases either to the President or to the Q: Prepare a Contract of Lease of an
Supreme Court. He claims that: (a) he enjoys apartment unit, (1998, 1996, 1988, 1987
presumption of innocence in the pending BAR)
criminal cases; (b) that the said cases even if
sustained after trial do not involve moral A:
turpitude; and (3) before an administrative
complaint based on a criminal prosecution can CONTRACT OF LEASE
be given due course there must be a conviction
by final Judgment. KNOW ALL MEN BY THESE PRESENTS:

May the Judge be considered as an undeserving
appointee and therefore be removed from his This contract of lease, entered into by and
office? (1996 BAR) between A.B., Filipino, of legal age, single, with
residence at and hereafter called the LESSOR
A: He may be considered as undeserving and
removed from office. This problem falls squarely - and -
under the decision of the Supreme Court in the case
of Court Administrator v. Estacion, 181 SCRA 33, B.D., Filipino, of legal age, single, with residence
wherein a complaint was filed concerning the at __________________________, and hereafter called
appointment of a Regional Trial Court judge the LESSEE.
notwithstanding the fact that he was then facing
criminal charges for homicide and attempted
homicide. The Judge also claimed that (a) he enjoys WITNESSETH:
the presumption of innocence, (b) the said cases,
even if sustained, do not involved moral turpitude, THAT, for and in consideration of the rentals
and (c) before an administrative complaint based to be paid, the LESSOR has hereby leased to the
on a criminal prosecution is given due course, there LESSEE, and the LESSEE hereby accepts the same
must be a conviction by final judgment. The in lease, the following described property:
Supreme Court held:
(Description of apartment)
“The argument that he had not yet been convicted
and should be presumed innocent is beside the subject to the following terms and conditions:
point, and so is the contention that the crimes of

homicide and attempted homicide do not involve
1. Period of the Lease-
moral turpitude. The important consideration is
that he had a duty to inform appointing authority 2. Rentals to be Paid –
and this Court of the pending criminal charges
against him to enable them to determine on the 3. (Other terms and conditions)

52
QuAMTO (1987-2019)
GERRY CRUZ ANGELO SANTOS
Vendor Vendee
IN WITNESS WHEREOF, the parties hereto have T.I.N. ________ T.I.N. ________
signed these presents, at ________________, this
day of , 1998. By:

A.B. C.D. JON CRUZ
Lessor Lessee Attorney-in-Fact

WITNESSES: WITNESSES

(acknowledgment) ___________________ __________________________

ACKNOWLEDGMENT
Q: Gerry Cruz is the owner of a 1,000- square
meter lot covered by Transfer Certificate of REPUBLIC OF THE PHILIPPINES )
Title No. 12345 located in Sampaloc. Metro CITY OF MANILA ) S.S.
Manila. Gerry decided to sell the property but
did not have the time to look for a buyer. He IN THE CITY OF MANILA, Philippines,
then designated his brother, Jon, to look for a personally appeared before me, Mr. JON CRUZ, with
buyer and negotiate the sale. Jon met Angelo Community Tax Certificate No. _______ issued at
Santos who expressed his interest to buy the lot. _______ on ______, 2005, in his capacity as Attorney-
Angelo agreed to pay PI Million for the property in-Fact of Mr. GERRY CRUZ, with Community Tax
on September 26. 2005. Draft the Deed of Sale Certificate No. ______ issued at _____ on _______, 2005,
of Real Property. (2005, 1991, 1989 BAR) both of whom are personally known to be the same
persons who executed the foregoing instrument,
A: and they acknowledged to me that the same is their
free and voluntary act and deed, and the free and
DEED OF ABSOLUTE SALE voluntary act and deed of the principal whom Mr.
JON CRUZ represents.
KNOW ALL MEN BY THESE PRESENTS:
I further certify that the foregoing
This instrument executed by and between: instrument is a deed of sale of a parcel of land
located in Sampaloc, Manila, and consists of
GERRY CRUZ, of legal age, single, and a resident of _________ pages, including this page, and is signed on
_______________, herein represented by his Attorney- each and every page by the said parties and their
in-Fact, JON CRUZ, of legal age and a resident of instrumental witnesses.
_______________ and ______________ hereafter referred
to as the VENDOR WITNESS MY HAND AND SEAL.

- and -
ANGELO SANTOS, Filipino, of legal age, single, a NOTARY PUBLIC
resident of and hereafter
referred to as the VENDEE, My Commission expires on December 31, 2005
(Address)
Commission No. , Manila
WITNESSETH: Attorney’s Roll No.
IBP Membership No.
THAT, for and in consideration of the PTR O.R. No. , Manila, 2005
sum of One Million Pesos (P1,000,000.00), in
hand paid by the VENDEE to the VENDOR and Doc. No.
receipt of which is herein acknowledged by the Page No.
latter, the VENDOR has sold, transferred and Book No.
conveyed, and by these presents does hereby Series of 2005.
sell, transfer and convey, unto the VENDEE, that
certain parcel of land with an area of 1,000 NOTE: See Section 12 – Competent Evidence of
square meters, more or less, located in Identity of the 2004 Rules on Notarial Practice.
Sampaloc, Manila, covered by Transfer
Certificate of Title No. 12345 of the Register of Q: Herbert Madasalin, a 25-year old Bar
Deeds of Manila, and which is more particularly candidate, surrendered his driver's license to
described as follows: the security guard at the Arlegui Gate when he
entered the Malacanang compound to pray at
(Technical description) the National Shrine of St. Jude Thaddeus. After
praying the novena to St. Jude, Herbert went to
IN WITNESS WHEREOF, the parties the Arlegui Gate to retrieve his driver's license.
hereto have signed these presents at Manila, However, he was not able to get the license
this 26th day of September, 2005. because the security guard was then elsewhere.
He returned the next day only to be told that the
53

security guard had misplaced the license. The MCLE Compliance until _______
security guard concerned could not anymore
remember where he had placed the license. Doc. No. ___
Page No. ___
Herbert immediately requests your assistance Book No. ___
in the preparation of an affidavit of loss. His Series of 2017.
address is at 143 Zuzuaregui Street, Don
Antonio Heights, Quezon City. As his friend, VERIFICATION AND CERTIFICATE
prepare Herbert's affidavit of loss. (2017 BAR) OF NON-FORUM SHOPPING

A: Q: Prepare a Verification and Certification
against Forum Shopping. (2010, 2003 BAR)
REPUBLIC OF THE PHILIPPINES)
CITY OF QUEZON ) S.S. A:

AFFIDAVIT OF LOSS VERIFICATION AND CERTIFICATION AGAINST
FORUM SHOPPING
I, Herbert Madasalin, of legal age, single, with
residence at 143 Zuzuaregui Street, Don Antonio X, after being duly sworn, hereby deposes and
Heights, Quezon City after having been duly sworn states:
deposes and says that:
That he is the plaintiff in the above-titled case; that
1. That I am the holder of a Non-Professional he has caused the foregoing Complaint to be
Driver’s License No. - ___________ issued by the prepare; that he has read the same and that the
La Loma, Quezon City LTO Branch with allegations of fact therein contained are true to his
expiration at ______; personal knowledge or based on authentic
2. That sometimes in (state date) when I entered documents;
the Malacañang Compound to pray at the
National Shrine of St. Jude Thaddeaus, I That (a) he has not heretofore commenced any
surrendered my driver’s license to the action of filed any claim involving the same issued
security guard at the Arlegui Gate. That after in any court, tribunal or quasi-judicial agency, and
praying the novena, I went to the Arlegui Gate to the best of his knowledge, no such other action
to retrieve my driver’s license, but I was not or claim is pending therein; and (b) if he should
able to get my license because the security thereafter learn that the same has been filed or is
guard was then elsewhere; pending, he shall report that fact within five (5)
3. That when I returned the next day, I was told days therefrom to this Honorable Court.
that the security guard had misplaced my
license, and could not anymore remember
where he had placed my license;
4. That despite earnest efforts to locate said
driver’s license proved futile;
5. That I am executing this affidavit to support
my application for the issuance of a
replacement driver’s license.

FURTHER AFFIANT SAYETH NAUGHT

HERBERT MADASALIN

WITNESSES:

_________________________ _________________________

SUBSCRIBED AND SWORN TO before me
this ____ day of November 2017 in the City of
Quezon, affiant exhibiting before me his competent
evidence of identity which is a Postal I.D. no. _______
issued at __________ on ____________ expiring on
__________.

NOTARY PUBLIC
Office address
Commission No.
Until December ________
For the City of ________
Roll No. ________
IBP OR No. date, and place of
Issuance
PTR OR No. date, and place of
Issuance

54

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