FINAL EXAM

University of Caloocan
College of Law
Legal Ethics

Atty. Stanley B. Fabito

June 23, 2022
6-8 pm

I. True or False (2 points each). You may give a short explanation for your
answer.

1. The withdrawal by the complainant of the administrative complaint will automatically

exculpate the lawyer.
2. A written contract must be signed before an attorney-client relationship arises.
3. Absent a written contract, a lawyer cannot claim legal fees.
4. The acts of a lawyer done outside of the legal profession may be used as a basis for
an administrative complaint against him.
5. Charging excessive legal fees is a violation of the Code of Professional
Responsibility.
6. Lawyers of the same firm may always discuss their clients’ cases with each other.
7. A lawyer has not practiced law unless he has appeared before trial courts.
8. Lawyers may borrow money from their client.
9. Lawyers may receive money from people other than their client.
10. A contingent fee is not allowed in this jurisdiction.

II. Essay (20 points each)

A. Mr. Joey Cruz filed an ejectment case against Ms. Jenny Reyes over a 86 sqm
condominium unit in Makati City. The Metropolitan Trial Court rendered
judgment against Ms. Reyes and ordered her to vacate the condominium unit.
Ms. Reyes failed to appeal the judgment within the period allowed and thus it
became final and executory. In the meantime, Ms. Reyes’ new counsel, Atty.
Jun Long, filed a petition for relief from judgment before the Regional Trial Court
questioning the decision of the MTC. When the RTC denied the petition because
the judgment is already final and executory, Atty. Lagman elevated the RTC
decision to the Court of Appeals through a petition for certiorari under Rule 65.

B. Thereafter, Mr. Joey Cruz’ counsel, Atty. Lex Lagman, filed a motion for issuance
of writ of execution. However, Atty. Lagman opposes the motion on the ground
that he has a pending petition for certiorari under Rule 65. When the MTC
issued an order granting the motion for issuance of writ of execution, Atty.
Lagman filed a petition for certiorari to the RTC questioning the order. Atty.
 Lagman now threatens the sheriff not to implement the writ of execution as he
still has cases pending assailing the RTC Decision and the MTC Order. Mr. Joey
Cruz now asks his counsel to file an administrative complaint against Atty.
Lagman. Is there a basis for the administrative complaint against Atty. Lagman?
What provisions of the CPR did he violate? Please explain your answer
extensively and cite your legal basis.

C. Mr. Jay Kapunan is accused of and being tried with importation of illegal drugs.
He owns several tracts of land in Batangas. His defense lawyer, Atty. Opp
Portunista, sensing Mr. Kapunan’s desperate need to liquidate his assets, offers
to buy the parcels of land at a price lower than fair market value. Mr. Kapunan
accepts the offer of Atty. Portunista and sells his land to the latter. Did Atty.
Portunista violate the CPR? Please explain your answer extensively and cite
your legal basis.

D. Mr.Joseph Cophal is a businessman engaged in the sale of antiques and

memorabilia. He engaged the services of Atty. Cynthia Khol for the review of the
contract of lease over a 300 square meter display store located in a building in
Makati, named ABC Building. Mr. Alex B. Cruz, the owner of ABC building,
approached Atty. Khol and engaged the services of the latter as his lawyer in an
ejectment case against another tenant in the building. Will Atty. Khol violate the
CPR if she takes the case? Please explain your answer extensively and cite your
legal basis.

D. Mr. Jonjon Bignay is running for Mayor in Quezon City. He tells his lawyer, Atty.
Bob Casino that he will be sending someone to assassinate the other candidate,
Mr. Boy Kuhol, a few days before the election. Atty. Casino goes to the police to
report Mr. Bignay’s plan. Using the information given by Atty. Casino, the police
caught the assassin in the act of putting a bomb below the stage during a
campaign sortie of Mr. Kuhol and thereafter arrested Mr. Bignay. Mr. Bignay now
claims that Atty. Casino violated the CPR and that the said lawyer cannot testify
against him.
Is Mr. Bignay correct and will his administratively complaint against Atty. Casino
prosper? Please explain your answer extensively and cite your legal basis.

Bonus. Discuss the instances the lawyer-client relationship is terminated? (10 pts.)