University of Santo Tomas

FACULTY OF CIVIL LAW (1734)

LEGAL AND JUDICIAL

ETHICS WITH
PRACTICAL EXERCISES

Questions Asked More Than Once

QuAMTO 2023
 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 2023 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 2022.

Address: Academics Committee

UST Bar Operations
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008

Tel. No: (02) 8731-4027

(02) 8406-1611 loc. 8578

Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008

All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal
University of Santo Tomas, the Catholic University of the Philippines.

2023 Edition.

No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes,
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Released in the Philippines, 2023.

 Faculty of Civil Law (1734)

ACADEMICS COMMITTEE 2023

ANGELA BEATRICE S. PEÑA KATHERINE S. POLICARPIO

SECRETARIES-GENERAL

RON-SOPHIA NICOLE C. ANTONIO CRIMINAL LAW

HERLENE MAE D. CALILUNG LABOR LAW AND SOCIAL LEGISLATION

POLITICAL LAW AND

PATRISHA LOUISE E. DUMANIL
PUBLIC INTERNATIONAL LAW

LEGAL AND JUDICIAL ETHICS WITH

ALEXANDRA MAUREEN B. GARCIA
PRACTICAL EXERCISES

HANNAH JOY C. IBARRA COMMERCIAL LAW

JEDIDIAH R. PADUA CIVIL LAW

PAULINNE STEPHANY G. SANTIAGO TAXATION LAW

DIANNE MICAH ANGELA D. YUMANG REMEDIAL LAW

EXECUTIVE COMMITTEE

PAULA ANDREA F. PEÑAFLOR COVER DESIGN ARTIST

 Faculty of Civil Law (1734)

LEGAL ETHICS COMMITTEE 2023

ASTRID A. SOLIS
LEGAL AND JUDICIAL ETHICS
SUBJECT HEAD

MEMBERS
DIN EVE JAMES F. AMANTE KEANO LEWIS E. SANTOS
AXELE E. BAYOMBONG MARY JOY M. SANTOS
RAIAH CASSANDRA O. GUITAN RHOWIELYN FAYE A. SANTOS
DIANNE TRICIA M. INIEGO ANGELO T. SOLANO
ANGELIKA B. PUZON JOHN ANNDREW S. TENECIO
JHADE C. QUIAMCO MAYNARD DRURY A. TOLENTINO
DANIELLE NICOLE D. ROSARIO

ADVISER
ATTY. ABRAHAM D. GENUINO, II
 Faculty of Civil Law (1734)

FACULTY OF CIVIL LAW

UNIVERSITY OF SANTO TOMAS

ACADEMIC OFFICIALS
ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABAÑO, O.P.
DEAN REGENT

ATTY. ARTHUR B. CAPILI

FACULTY SECRETARY

ATTY. ELGIN MICHAEL C. PEREZ

LEGAL COUNSEL
UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC

JUDGE PHILIP A. AGUINALDO

SWDB COORDINATOR

LENY G. GADIANA, R.G.C.

GUIDANCE COUNSELOR
 Faculty of Civil Law (1734)

OUR DEEPEST APPRECIATION TO OUR

MENTORS AND INSPIRATION

Justice Amy C. Lazaro-Javier

Justice Myra G. Fernandez
Justice Georgina D. Hidalgo
Judge Philip A. Aguinaldo
Judge Eduardo B. Bellosillo
Judge Noli C. Diaz
Judge Oscar B. Pimentel
Dean Jose I. Dela Rama, Jr.
Atty. Arnold E. Cacho
Atty. Joseph Ferdinand M. Dechavez
Atty. Elgin Michael C. Perez
Atty. Abraham D. Genuino, II
Atty. Benigno G. Par, Jr.

For being our guideposts in understanding the intricate sphere of Legal Ethics.
– Academics Committee 2023
 DISCLAIMER

THE RISK OF USE OF THIS BAR

REVIEW MATERIAL SHALL BE
BORNE BY THE USER
 QuAMTO (1987-2022)
benefit of his law firm, because the employment of a law
PART TWO: LEGAL AND JUDICIAL ETHICS WITH firm is the employment of all the members thereof. The case
PRACTICAL EXERCISES against him will prosper.

Q: Evelyn, Luisa. Myra, Josefina, Pamela and Rose are

bona fide members of the Philippine Bar. They agree to
I. LEGAL ETHICS form a close corporation to be named LEGALCARE the
principal purpose of which is “to provide clients legal
services, research, and advice as well as trial advocacy
for a fee.” The services shall be rendered not only by
Q: What do you understand by Legal Ethics? Discuss its
these enterprising pioneers of LEGALCARE but also by
importance and state its sources.
lawyers to be employed by the projected corporation
on a regular monthly salary basis. May LEGALCARE be
A: Legal ethics is that branch of moral science which treats
legally incorporated? Discuss fully. (1995 BAR)
of the duties that an attorney owes to the court, to their
client, to their colleagues in the profession, and to society.
A: NO, LEGALCARE may not be legally incorporated. A
corporation cannot engage in the practice of law even by
The sources of legal ethics are the Constitution, the Rules of
hiring lawyers to perform legal work. It has been held that
Court (ROC), some particular provisions of statutes, the
only a natural person can engage in the practice of law. A
Code of Professional Responsibility (CPR), and judicial
lawyer is burdened with peculiar duties and
decisions of the Supreme Court.
responsibilities. A corporation cannot take an oath of office,
be an officer of the court or subjected to court discipline: it
Legal ethics is important to maintain a high moral standard
cannot engage in law practice directly, it cannot evade the
for the lawyer in performing their duties as an officer of the
requirements by employing competent lawyers to practice
court, their duties to their client, to the members of the legal
for it (Matter of Cooperative Law Co., N.Y. 579). Hence,
profession as well as to society. Lawyers wield so much
LEGALCARE cannot be legally incorporated because the
power and influence in society. Unless their acts are
principal purpose involves the practice of law.
regulated by high norms of ethical conduct, they are likely
to abuse them.
b) PRACTICE OF LAW AS A PRIVILEGE, NOT A RIGHT
(1995 BAR)

A. PRACTICE OF LAW Q: Is the practice of law a right or a privilege? Discuss

(2015, 2013, 2012, 2011, 2010, 2009, 2007, 2005, fully. (1995 BAR)
1997, 1995 BAR)
A: The practice of law is basically a privilege because it is
limited to persons of good moral character with special
1. BASIC CONCEPTS qualifications duly ascertained and certified (5 Am. Jur. 270).
(2020-21, 2018, 2015, 2014, 2013, 2007, 2005, 2004, Thus, only those persons are allowed to practice law, who
1997, 1995 BAR) by reason of attainments previously acquired through
education and study, have been recognized by the courts as
possessing profound knowledge of legal science. Attorneys
a) DEFINITION OF THE PRACTICE OF LAW
are the court’s constituency - to aid it in the administration
(2015, 2007, 2005, 1995 BAR)
of justice. (Dodge v. State, 38 NE 745)
Q: Atty. Yabang was suspended as a member of the Bar
c) LAW AS A PROFESSION, NOT A BUSINESS OR TRADE
for a period of 1 year. During the period of suspension,
(2015, 2013, 1997 BAR)
he was permitted by his law firm to continue working in
their office, drafting and preparing pleadings and other
Q: Cite some of the characteristics of the legal
legal documents, but was not allowed to come into
profession which distinguish it from business. (2015
direct contact with the firms’ clients. Atty. Yabang was
BAR)
subsequently sued for illegal practice of law. Would the
case prosper? Explain. (2005 BAR)
A: The primary characteristics which distinguish the legal
profession from a business are:
A: YES, the case would prosper. The Supreme Court has
defined the practice of law as any activity in or out of court,
1. A duty of public service of which emolument is a
which requires the application of law, legal principle,
by-product and in which one may attain the highest
practice or procedure and calls for legal knowledge, training
eminence without making much money;
and experience. (Cayetano v. Monsod, G.R. No. 100113, 03
Sept. 1991) Based on this definition, the acts of Atty. Yabang
of preparing pleadings and other legal documents would
constitute practice of law. More so, if his activities are for the

1 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
2. A relation as officer of the court to the
administration of justice involving thorough
sincerity, integrity, and reliability; and
3. A relation to client in the highest degree fiduciary.
A relation to colleagues at the bar characterized by candor,
fairness, and unwillingness to resort to current business
methods of advertising and encroachment on their practice
or dealing directly with their clients. (Petition for Authority
to Continue Use of the Firm Name “Sycip,” G.R. No. X92-1, 30
July 1979)
Q: As a new lawyer, Attorney Novato started with a
practice limited to small claims cases, legal counseling,
and notarization of documents. He put up a solo
practice law office and was assisted by his wife who
served as his secretary/helper. He used a makeshift hut
in a vacant lot near the local courts and a local transport
regulatory agency. With this strategic location, he
enjoyed heavy patronage assisting walk-in clients in
the preparation and filing of pleadings and in the
preparation and notarization of contracts and
documents and charges a reasonable fee for the service.
He draws electric power from an extension wire
connected to an adjoining small restaurant. He put up a
shingle that reads: “Atty. Novato, Specialist in Small
Claims, Fastest in Notarization; the Best and Cheapest
in Copier Services.” Is Atty. Novato’s manner of carrying
out his professional practice (i.e., mixing business with
the practice of law, announcing his activities via a
shingle and locating his office as above-described) in
keeping with appropriate ethical and professional
practice? (2013 BAR)
A: NO. Atty. Novato’s manner of carrying out his
professional practice is not in keeping with appropriate
ethical and professional practice. He has degraded the law
profession, which may result to loss of respect to lawyers as
a whole.
The use of a makeshift hut standing alone would create the
impression that the lawyer does not have a permanent
address which is required to be stated in all pleadings he
signs as well as required to be shown in documents he
notarizes.
His shingle shows that he has considered the law profession
as a business. He should have a separate shingle for his
copier services business.
When he included in his shingle the phrases “Specialist in
Small Claims” and “Fastest in Notarization,” he has
transgressed the rule that a lawyer in making known their
legal services shall use only dignified information or
statement of facts. (Canon 3, CPR) The norm that a lawyer
shall not use or permit the use of any misleading,
undignified, self-laudatory, or unfair statement or claim
regarding his qualifications or legal services. (Rule, 3.01,
Canon 3)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
The use of the phrases “Specialist in Small Claims” and
“Fastest in Notarization” is misleading advertisement
because they are likely to create an unjustified expectation
about the results the lawyer can achieve or implies that the
lawyer can achieve results by improper means. (ABA Model
Rule 7.1.b)
Q: You are the managing partner of a law firm. A new
foreign airline company, recently granted rights by the
Civil Aeronautics Board at the NAIA, is scouting for a law
firm which could handle its cases in the Philippines and
provide legal services to the company and its
personnel. After discussing with you the extent of the
legal services your law firm is prepared to render, the
general manager gives you a letter-proposal from
another law firm in which its time-billing rates and
professional fees for various legal services are
indicated. You are asked to submit a similar letter-
proposal stating your firm's proposed fees.
The airline company's general manager also tells you
that, if your proposed fees would at least be 25 per cent
lower than those proposed by the other firm, you will
get the company's legal business. How would you react
to the suggestion? (1997 BAR)
A: I will emphasize to the General Manager that the practice
of law is a profession and not a trade. Consequently, I will
not propose a lower fee just for the sake of competing with
another firm. Because such practice smacks of
commercialism. Moreover, Rule 2.04 of the CPR provides
that a lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so
warrant. I will charge fees that will be reasonable under the
circumstances.
2. QUALIFICATIONS FOR ADMISSION TO THE BAR
BAR MATTER NO. 1153
(2013, 2012, 2011, 2010, 2009 BAR)
Q: Miguel Jactar, a 4th year law student, drove his
vehicle recklessly and hit the rear bumper of Simplicio
Medroso’s vehicle. Instead of stopping, Jactar
accelerated and sped away. Medroso pursued Jactar
and caught up with him at an intersection. In their
confrontation, Jactar dared Medroso to sue, bragged
about his connections with the courts, and even uttered
veiled threats against Medroso. During the police
investigation that followed, Medroso learned that
Jactar was reviewing for the Bar examinations. Under
these facts, list and justify the potential objections that
can be made against Jactar’s admission to the practice
of law. (2013 BAR)
A: The potential objection that can be made against Jactar’s
admission to the practice of law is the absence of good
moral character (Sec. 2, Rule 138, ROC). Jactar’s bragging
about his connection with the courts and uttering veiled
threats against Medroso are indications of his lack of good
2
 QuAMTO (1987-2022)
moral character. His acts are contrary to justice, honesty,
modesty or good morals (In re Basa, 41 Phil. 276). He has
acted in a manner that has violated the private and social
duties which a man owes to his fellowmen, or to society in
general, contrary to the accepted and customary rule of
right and duty between man and man (Tak Ng v. Republic,
G.R. No. L-13017, 23 Dec. 1959) (UPLC Suggested Answers)
3. CONTINUING REQUIREMENTS FOR MEMBERSHIP
IN THE BAR
(2020-21, 2018, 2015, 2014, 2013, 2012, 2010, 2004
BAR)
Q: A known tax lawyer in Iloilo became a member of the
Integrated Bar of the Philippines in 1974. This lawyer
later migrated to the United States and became an
American citizen in 1989. In 2006, the lawyer
reacquired their Philippine citizenship by taking the
oath of allegiance as a Filipino citizen before the
Philippine consulate in Washington, D.C., in the United
States. The lawyer now intends to return to Iloilo and
resume legal practice.
a disbarment case against Atty. Carlos and Atty. Cristina
on the ground of gross immorality.
Atty. Carlos and Atty. Cristina raised the defense that
the acts complained of took place before they were
admitted to the bar. Rule. (2018 BAR)
A: It is not important that the acts complained of were
committed before they were admitted to the bar. The
possession of good moral character is both a condition
precedent for admission to the bar and a continuing
condition to remain a member of the legal profession. In the
case of Garrido v. Garrido (A.C. No. 6593, 04 Feb. 2010),
involving the same facts, the Supreme Court held as follows:
“Admission to the bar does not preclude a subsequent
judicial inquiry, upon proper complaint, into any question
concerning the mental or moral fitness of the respondent
before he became a lawyer. Admission to the practice only
creates the rebuttable presumption that the applicant has
all the qualifications to become a lawyer, this may be refuted
by clear and convincing evidence to the contrary even after
admission to the Bar.” (UPLC Suggested Answers)

Q: Miguel Jactar, a fourth-year law student, drove his

Can this lawyer continue to practice law in the
vehicle recklessly and hit the rear bumper of Simplicio
Philippines? Explain briefly. (2020-21 BAR)
Medroso’s vehicle. Instead of stopping, Jactar
accelerated and sped away. Medroso pursued Jactar
A: YES. The lawyer may continue to practice law in the
and caught up with him at an intersection. In their
Philippines, provided he complies with the requirements of
confrontation, Jactar dared Medroso to sue, bragged
R.A. No. 9225. A Filipino lawyer who becomes a citizen of
about his connections with the courts, and even uttered
another country and later re-acquires his Philippine
veiled threats against Medroso. During the police
citizenship under R.A. No. 9225, remains to be a member of
investigation that followed, Medroso learned that
the Philippine Bar. However, the right to resume the
Jactar was reviewing for the Bar examinations. Under
practice of law is not automatic. R.A. No. 9225 provides that
these facts, list and justify the potential objections that
a person who intends to practice his profession in the
can be made against Jactar’s admission to the practice
Philippines must apply with the proper authority for a
of law. (2013 BAR)
license or permit to engage in such practice. Adherence to
rigid standards of mental fitness, maintenance of the
A: The potential objection that can be made against Jactar’s
highest degree of morality, faithful observance of the legal
admission to the practice of law is the absence of good
profession, compliance with the mandatory continuing
moral character. (Sec. 2, Rule 38, ROC)
legal education requirement and payment of membership
fees to the IBP are the conditions required for membership
Jactar’s bragging about his connection with the courts and
in good standing in the bar and for enjoying the privilege to
uttering veiled threats against Medroso are indications of
practice law. (In Re: Petition to Reacquire the Privilege to
his lack of good moral character. His acts are contrary to
Practice law in the Philippines, Epifanio B. Muneses, B.M. No.
justice, honesty, modesty, or good morals. (In Re Basa, 41
2112, 24 July 2012) (UPLC Suggested Answers)
Phil. 276) He has acted in a manner that has violated the
private and social duties which a person owes to their
Q: Carlos contracted two marriages. The first was with
fellowmen, or to society in general, contrary to the accepted
Consuelo, whom he left in the province, and the second
and customary rule of right and duty between persons. (Tak
was with Corinne in Manila, with whom he had six (6)
Ng v. Republic, G.R. No. L-13017, 23 Dec. 1959)
children. Both women were unaware of Carlo’s
marriage to the other. When Carlos entered law school,
NOTE: Any answer which explains the nature of absence of
he met Cristina, a classmate, to whom he confided his
good moral character should be given full credit.
marital status. Not long after, Carlos and Cristina
became involved in an extramarital affair, as a result of
Q: Prior to his admission to the freshman year in a
which, Carlos left Corinne and their children. During
reputable law school, bar examinee A was charged
Carlos and Cristina’s senior year in law school, Consuelo
before the Municipal Trial Court with damage to
passed away. After their admission to the bar, Atty.
property through reckless imprudence for accidentally
Carlos and Atty. Cristina decided to get married in Hong
sideswiping a parked jeepney. The case was amicably
Kong in a very private ceremony. When Corinne learned
settled with A agreeing to pay the claim of the jeepney
of Carlos and Cristina’s wedding in Hong Kong, she filed

3 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
owner for P1,000.00. In his application to take the 1997
Bar Examinations, A did not disclose the above incident.
Is he qualified to take the Bar Examinations? (2005,
1997 BAR)
A: Rule 7.01 of the CPR provides that “a lawyer shall be
answerable for knowingly making a false statement or
suppressing a material fact in connection with their
application for admission to the bar.”
In the case of In Re: Ramon Galang (A.M. No. 1162, 29 Aug.
1975), the respondent repeatedly omitted to make mention
of the fact that there was a pending criminal case for slight
physical injuries against him in all four (4) applications for
admission to take the bar examinations. He was found to
have fraudulently concealed and withheld such fact from the
Supreme Court and committed perjury. The Supreme Court
cited the rule that “the concealment of an attorney in their
application to take the bar examinations of the fact that they
had been charged with, or indicted for, an alleged crime, is a
ground for revocation of their license to practice law.”
A’s failure to disclose that he had been charged with damage
to property through reckless imprudence in his application
for admission to the bar examinations disqualifies him. It
does not matter that the offense charged does not involve
moral turpitude or has been amicably settled. When the
applicant concealed a charge of a crime against him, but
which crime does not involve moral turpitude, this
concealment nevertheless, will be taken against him. It is the
fact of concealment and not the commission of the crime
itself that makes him morally unfit to become a lawyer. (In
Re: Ramon Galang, A.C. No. 1163, 29 Aug. 1975)
Q: Upon learning from newspaper reports that bar
candidate Vic Pugote passed the bar examinations. Miss
Adorable immediately lodged a complaint with the
Supreme Court, praying that Vic Pugote be disallowed
from taking the oath as a member of the Philippine Bar
because he was maintaining illicit sexual relations with
several women other than his lawfully wedded spouse.
However, for unexplained reasons, he succeeded to
take his oath as a lawyer. Later, when confronted with
Miss Adorable’s complaint formally, Pugote moved for
its dismissal on the ground that it is already moot and
academic. Should Miss Adorable’s complaint be
dismissed or not? Explain briefly. (2004 BAR)
A: It should not be dismissed. Her charge involves a matter
of good moral character which is not only a requisite for
admission to the Bar, but also a continuing condition for
remaining a member of the Bar. As such, the admission of
Vic Pugote to the Bar does not render the question moot and
academic.
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
LAWYERS WHO HAVE BEEN REPATRIATED
(2020-21, 2013, 2010 BAR)
Q: Atty. Repatriar, a law school classmate, approached
you on your 25th Class Reunion, with questions on how
he can resume the practice of law in the Philippines. He
left the country in 1977 after two (2) years of initial law
practice and migrated to the United States where he
was admitted to the practice of law in the State of New
York. He asks that you give him a formal legal opinion
on his query. Outline briefly the steps and the
supporting legal reasons you would state in your legal
opinion on what Atty. Repatriar should do to resume
his Philippine practice. (2013 BAR)
A: Atty. Repatriar must prepare a sworn petition to
reacquire the privilege to practice law in the Philippines. He
should manifest in his petition his desire to resume his law
practice in the Philippines, and he is not disqualified to
practice law. The “right to resume the practice of law” is not
automatic.
R.A. No. 9225 provides that a person who intends to practice
his profession in the Philippines must apply with the proper
authority for a license or permit to engage in such practice.
It cannot be overstressed that the practice of law is a
privilege burdened with conditions. It is so delicately
affected with public interest that it is both the power and
duty of the State (through this Court) to control and regulate
it in order to protect and promote the public welfare.
Adherence to rigid standards of mental fitness,
maintenance of the highest degree of morality, faithful
observance of the legal profession, compliance with the
mandatory continuing legal education requirement and
payment of membership fees to the Integrated Bar of the
Philippines (IBP) are the conditions required for
membership in good standing in the bar and for enjoying
the privilege to practice of law. Any breach by a lawyer of
any of these conditions makes him unworthy of the trust
and confidence which the courts and client’s repose in him
for the continued exercise of his professional privilege” (In
Re: Petition to re- acquire the privilege to practice law in the
Philippines, Epifanio B. Muneses, B.M. No. 2112, 24 July 2012)
He should file the petition with the Supreme Court, through
the Bar Confidant accompanied by the original or certified
copies of the following documents:
1. Showing that he is still a Filipino citizen, the Court
reiterates that Filipino citizenship is a requirement
for admission to the bar and is, in fact, a continuing
requirement for the practice of law” (In Re: Petition
to Re-acquire the Privilege to Practice Law in the
Philippines, B.M. No. 2112, supra). Having retained
Philippine citizenship could be evidenced by the
Philippine passport, the U.S. Green card showing
Philippine citizenship and U.S. residency or other
authentic documents which the Supreme Court
may require.
4
 QuAMTO (1987-2022)
On the other hand, if Atty. Repatriar has lost his
Philippine citizenship, he must submit the
following:
a. Petition for Re-Acquisition of Philippine
Citizenship
b. Order (for Re-Acquisition of Philippine
citizenship)
Order (for Re-Acquisition of Philippine
citizenship)
c. Oath of Allegiance to the Republic of the
Philippines
d. Identification Certificate (IC) issued by the
Bureau of Immigration.
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.
Under R.A. No. 9225, natural- born citizens who
have lost their Philippine citizenship by reason of
their naturalization as citizens of a foreign country
are deemed to have re-acquired their Philippine
citizenship upon taking the oath of allegiance to
the Republic. Thus, a Filipino lawyer who becomes
a citizen of another country and later re- acquires
his Philippine citizenship under R.A. No. 9225,
remains to be a member of the Philippine Bar (B.M.
No. 2112, In re: Petition to re-acquire the privilege
to practice law in the Philippines, supra)
Months later, a concerned woman who had secured
copies of Atty. Richards’ naturalization papers with
consular authentication, filed with the Supreme Court
an anonymous complaint against him for illegal
practice of law. Is respondent entitled to resume the
practice of Law? Explain. (2010 BAR)
A: YES, as long as he observes the procedure laid down in
Petition for Leave to Resume Practice of Law of Benjamin
M. Dacanay (B.M. No. 1678, 17 Dec. 2007), to wit:
a. Updating and payment in full of the annual
membership dues in the IBP;
b. Payment of the professional tax;
c. Completion of at least 36 credit hours of mandatory
continuing legal education; and,
d. Pre-taking of the lawyer’s oath. (UPLC Suggested
Answers)
4. APPEARANCE OF NON-LAWYER
(2012, 2011, 2009, 2002, 1999, 1996 BAR)
a) LAW STUDENT PRACTICE RULE
Rule 138-A, as amended by A.M No. 19-03-24-SC
(2012, 2009, 2006 BAR)
Q: What is the student practice rule? (2009 BAR)

A: The Student Practice Rule shall cover the limited practice

2. Certification from the IBP indicating updated
of law by students certified herein. The limited practice of
payments of annual membership dues;
law covers appearances, drafting and submission of
3. Proof of payment of professional tax; and
pleadings and documents before trial and appellate courts
4. Certificate of compliance issued by the MCLE
and quasi-judicial and administrative bodies, assistance in
Office. (Ibid.)
mediation and other alternative modes of dispute
5. A certificate of good moral character attested to by
resolution, legal counselling and advice, and such other
at least three (3) members of the bar; and
activities that may be covered by the Clinical Legal
6. A certification from the State Bar of New York that
Education Program of the law school as herein provided.
Atty. Repatriar does not have any previous or
(Sec 1, A.M. No. 19-03-24-SC amended Rule 138-A)
pending disciplinary action filed against him
before that body.
Q: Enumerate the instances when a law student may
appear in court as counsel for a litigant. (2006 BAR)
Q: After passing the Philippine Bar in 1986, Richards
practiced law until 1996 when he migrated to Australia
A: Section 4. Practice Areas of Law Student Practitioners. -
where he subsequently became an Australian citizen in
Subject to the supervision and approval of a supervising
2000. As he kept abreast of legal developments,
lawyer, a certified law student practitioner may:
petitioner learned about the Citizenship Retention and
Re-Acquisition Act of 2003 (R.A. No. 9225), pursuant to
For Level 1 Certification
which he reacquired his Philippine citizenship in 2006.
He took his oath of allegiance as a Filipino citizen at the
1) Interview prospective clients;
Philippine Embassy in Canberra, Australia. Jaded by the
2) Give legal advice to the client;
laid-back life in the outback, he returned to the
3) Negotiate for and on behalf of the client;
Philippines in December 2008. After the holidays, he
4) Draft legal documents such as affidavits,
established his own law office and resumed his practice
compromise agreements, contracts, demand letter,
of law.
position papers, and the like;
5) Represent eligible parties before quasi-judicial or
administrative bodies;
6) Provide public legal orientation; and
7) Assist in public interest advocacies for policy
formulation and implementation.

5 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
For Level 2 Certification
1) Perform all activities under Level 1 Certification;
2) Assist in the taking of depositions and/or
preparing judicial affidavits of witnesses;
3) Appear on behalf of the client at any stage of the
proceedings or trial, before any court, quasi-
judicial or administrative body;
4) In criminal cases, subject to the provisions of
Section 5, Rule 110 of the Rules of Court, to appear
on behalf of a government agency in the
prosecution of criminal actions; and
5) In appealed cases, to prepare the pleadings
required in the case.
b) NON-LAWYERS IN COURTS AND/OR
ADMINISTRATIVE TRIBUNALS
(2012, 2009, 2002 BAR)
Q: Raul Catapang, a law graduate and vice-president for
labor relations of XYZ Labor Union, entered his
appearance as representative of a member of the union
before the Labor Arbiter in a case for illegal dismissal,
unpaid wages and overtime pay. Counsel for the
Company objected to Raul’s appearance and moved for
his disqualification on the ground that he is not a
lawyer. If you were the Labor Arbiter, how would you
resolve the motion? Why? (2002 BAR)
A: If I were the Labor Arbiter, I will deny the motion to
disqualify Raul. Art. 222 of the LC authorizes non-lawyers to
appear before the NLRC or any Labor Arbiter in
representation of their organization or members thereof.
c) PROCEEDINGS WHERE LAWYERS ARE PROHIBITED
TO APPEAR AS COUNSELS
(2011, 1999, 1996 BAR)
Q: Generally, only those who are members of the bar
can appear in court. Are there exceptions to this rule?
Explain (1996 BAR)
A: YES, there are exceptions. The exceptions to the rule that
only those who are members of the bar can appear in court
are the following:
a. In the MTC, a party may conduct their litigation in
person or with the aid of an agent or friend. (Sec. 34,
Rule 138)
b. In any other court, a party may conduct their litigation
personally. (Ibid.)
c. In criminal proceedings before a MTC in a locality
where a duly licensed member of the bar is not
available, the court may in its discretion admit or
assign a person, resident of the province and of good
repute for probity and ability, to aid the defendant in
their defense, although the person so assigned is not a
duly authorized member of the bar. (Sec. 4, Rule 116)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
d. Any official or other person appointed or designated in
accordance with law to appear for the Government of
the Philippines shall have all the rights of a duly
authorized member of the bar to appear in any case in
which said government has an interest direct or
indirect. (Sec. 33, Rule 138)
e. A senior law student who is enrolled in a recognized
law school’s clinical education program approved by
the Supreme Court may appear before any court
without compensation to represent indigent clients
accepted by the Legal Clinic of the law school. (Rule
138-A)
f. Non-lawyers may appear before the NLRC or any
Labor Arbiter if they represent themselves, their labor
organization, or members thereof. (Art. 222, LC)
g. Under the Cadastral Act, a non-lawyer can represent a
claimant before the Cadastral Court. (Sec. 9. Act. 2259)
Q: A, a mere high school graduate, with the aid of a
friend who is a college undergraduate, filed a
complaint for recovery of a sum of money in the
amount of Four Thousand (P4, 000.00) Pesos in the
Metropolitan Trial Court of his town. The Clerk of Court
told A that his complaint might be dismissed for
insufficiency as to form because neither he nor his
friend who is assisting him is a lawyer. Is the Clerk of
Court, correct? (1999 BAR)
A: NO, the Clerk of Court is not correct. In the Justice of the
Peace courts (now known as MTC, MCTC, or MeTC), a party
may conduct their litigation in person, with the aid of an
agent or friend appointed by them for that purpose, or with
the aid of an attorney. (Sec. 34, Rule 138, ROC)
NOTE: By reason of the Rules on Expedited Procedures in
the First Level Courts, the claim amounting to 4,000 pesos
shall fall under the jurisdiction of the First level Courts.
5. PROHIBITED PRACTICE OF NON-LAWYERS AND
APPEARANCE WITHOUT AUTHORITY
(2011, 2006, 1999 BAR)
Q: A, a law graduate, but has not passed the bar
examination, filed a Complaint in the Regional Trial
Court for recovery of P50,000.00 owed him by B. At the
hearing of the case after Answer was filed, A appeared
by himself alone and without counsel to prosecute his
case. The defendant pointed out to the Court that A was
not a member of the bar and suggested that for his own
protection, A should engage the services of a counsel
duly accredited as a member of the Bar. The Judge
intimated his willingness to reset the hearing of the
case to another day to enable plaintiff to engage the
services of counsel. Plaintiff replied he could manage to
prosecute his own case, it being but a simple case for
collection of sum of money. If you were the Judge, will
6
 QuAMTO (1987-2022)
you allow A to continue prosecuting his case by himself
alone? (1999 BAR)
A: YES, I will allow A to continue prosecuting his case if I
were the Judge. Sec. 4 of Rule 138 of the ROC provides that
in RTC, a party may conduct their litigation personally or by
aid of an attorney, and their appearance must be either
personal or by a duly authorized member of the bar. Hence,
if I were the Judge, I will allow A to continue prosecuting his
case alone, but I will warn him about the risks involved in
his doing so because of his lack of knowledge of law and
legal procedure.
ALTERNATIVE ANSWER: If I were the Judge, I would
dismiss the case outright but without prejudice. Although
he is a law graduate, it does not appear that he is familiar
with procedural law, having filed the case with the RTC
which has no jurisdiction over the case in view of the
amount involved. The judge is duty bound to see to it that
there is no miscarriage of justice.
ALTERNATIVE ANSWER: NO. I shall dismiss the case for
lack of jurisdiction because the amount of P50.000.00 is
within the jurisdictional ambit of the MTC. Consequently, A
could not continue prosecuting the case. However, the
dismissal shall be without prejudice so as not to unduly
burden the plaintiff.
LAWYERS WITHOUT AUTHORITY
(2006, 2000 BAR)
Q:
(a) The Supreme Court suspended indefinitely
Atty. Fernandez from the practice of law for
gross immorality. He asked the Municipal
Circuit Trial Court Judge of his town if he can be
appointed counsel de officio for Tony, a
childhood friend who is accused of theft. The
Judge refused because Atty. Fernandez’s name
appears in the Supreme Court’s List of
Suspended Lawyers. Atty. Fernandez then
inquired if he can appear as a friend for Tony to
defend him. If you were the judge, will you
authorize him to appear in your court as a
friend for Tony? (2006 BAR)
A: NO, I will not authorize him to appear as a friend of Tony
if I were the Judge. The accused in a criminal case is entitled
to be represented by legal counsel, and only a lawyer can be
appointed as counsel de officio. Although an MTC may
appoint a person of good refute to aid the accused as counsel
de officio in their defense, this is applicable only where
members of the bar are not present. (Sec. 4, Rule 116, Revised
ROC) Necessarily, the “friend” is referred to as one who is
not a lawyer. Atty. Fernandez is a lawyer but under
indefinite suspension. He should not be allowed to practice
law even as a counsel de officio.
7 U N IV E R S I T Y O F S A N T O T O M A S
(b) Supposing Tony is a defendant in a civil case for
collection of sum of money before the same
court, can Atty. Fernandez appear for him to
conduct his litigation? (2006 BAR)
A: NO. Even if Tony is a defendant in a civil case, Atty.
Fernandez cannot be allowed to appear for him to conduct
his litigation. Otherwise, the Judge will be violating Canon 9
of the CPR which provides that “a lawyer shall not, directly
or indirectly, assist in the unauthorized practice of law.”
ALTERNATIVE ANSWERS TO 1 AND 2: YES, if Atty.
Fernandez was appointed by Tony. Even if Atty. Fernandez
was suspended indefinitely, he may appear as an agent or
friend of Tony, the party litigant in the MTC, if Tony
appoints him to conduct his case. (Sec. 34, Rule 138, Revised
ROC; Cantimbuhan v. Cruz, Jr., G.R. No. L-51813-14, 29 Nov.
1983)
Q: Atty. E entered his appearance as counsel for
defendant F in a case pending before the Regional Trial
Court. F later complained that he did not authorize Atty.
E to appear for him. F moved that the court suspend
Atty. E from the practice of law. May the judge grant the
motion? Explain. (2000 BAR)
A: The judge may grant the motion. Unauthorized
appearance is a ground for suspension or disbarment. (Sec.
27, Rule 138, ROC)
ALTERNATIVE ANSWER: It depends. A lawyer’s
appearance for a party without the authority of the latter
must be willful, corrupt, or contumacious in order that they
may be held administratively liable therefor. But if they have
acted in good faith, the complaint for suspension will fail.
(Garrido v. Quisimbing, A.M. No. L-840, 30 June 1969)
6. PUBLIC OFFICIALS AND THE PRACTICE OF LAW
(2016, 2012, 2011 BAR)
a) PROHIBITIONS AND DISQUALIFICATIONS OF
FORMER GOVERNMENT ATTORNEYS
b) PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW OR
CAN PRACTICE WITH RESTRICTIONS
(2016, 2012, 2011 BAR)
Q: Atty. Eliseo represented Allan in a collection suit
against the PCSO. After his election as sangguniang
bayan member, the court rendered a decision in PCSO’s
favor. Still, Atty. Eliseo appeared for Allan in the latter’s
appeal, prompting the PCSO to question his right to do
so. In response, Atty. Eliseo claimed that the LGC
authorizes him to practice law as long it does not
conflict with his duties. Is Atty. Eliseo right? (2011 BAR)
a. No, because he cannot appear against a
government instrumentality in a civil case.
b. Yes, because his official duties do not conflict
with his private practice.
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
c. No, because he works on his private case at the
sacrifice of public service.
d. Yes, because he does not appear in the case as a
municipal official.
A: A. (UPLC Suggested Answers)
Q: Atty. Dennis is the head of the Provincial DILG Office
in Sultan Kudarat. In view of the lack of lawyers and
notaries public in the province and because of
numerous requests that the DILG provide a notary
public, Atty. Dennis was constrained to apply for a
commission for the RTC, which was granted. He was
able to notarize thousands of documents and affidavits
until Atty. Antonio, the only notary public in the
province, charged Atty. Dennis with misconduct and
violation of the CPR. Is the charge correct? Explain.
(2016 BAR)
A: YES. The performance of the duties of a notary public
constitutes practice of law. A lawyer in the government
service may either be prohibited from practicing law during
his tenure or allowed to practice but subject to some
restrictions. There is no law prohibiting a Provincial DILG
Officer from practicing his profession. But as a Civil Service
officer, he can do so only with the consent of his Department
Head. (Catu v. Rellosa, A.C. No. 5738, 19 Feb. 2008) (UPLC
Suggested Answers)
7. LAWYERS AUTHORIZED TO REPRESENT THE
GOVERNMENT
(2017, 2006, 2001 BAR)
Q: Prosecutor Coronel entered his appearance on
behalf of the State before a Family Court in a case for
declaration of nullity of marriage, but he failed to
appear in all the subsequent proceedings. When
required by the Department of Justice to explain, he
argued that the parties in the case were represented by
their respective counsels and that his time would be
better employed in more substantial prosecutorial
functions, such as investigations, inquests and
appearances in court hearings. Is Atty. Coronel’s
explanation tenable? (2017, 2006 BAR)
A: NO, Atty. Coronel’s explanation is not tenable. The role of
the State’s lawyer in nullification of marriage cases is that of
protector of the institution of marriage (Art 48, Family
Code). “The task of protecting marriage as an inviolable
social institution requires vigilant and zealous participation
and not mere pro forma compliance.” (Malcampo-Sin v. Sin,
G.R. No. 137590, 26 Mar. 2001) This role could not be left to
the private counsels who have been engaged to protect the
private interests of the parties.
Q: From the viewpoint of legal ethics, why should it be
mandatory that the public prosecutor be present at the
trial of a criminal case despite the presence of a private
prosecutor? (2001 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
A: The public prosecutor must be present at the trial of the
criminal case despite the presence of a private prosecutor in
order to see to it that the interest of the State is well-guarded
and protected, should the private prosecutor be found
lacking in competence in prosecuting the case. Moreover,
the primary duty of a public prosecutor is not to convict but
to see to it that justice is done (Rule 6.01, CPR). A private
prosecutor would be naturally interested only in the
conviction of the accused.
8. THE LAWYER’S OATH
(2022, 2018, 2016, 2015, 2009, 2007, 2006, 2000 BAR)
Q: The Lawyer’s Oath is a source of obligation, and its
violation is a ground for suspension, disbarment, or
other disciplinary action. State in substance the
Lawyer’s Oath. (2018, 2016, 2015, 2009 BAR)
A: I___________ of ___________ do solemnly swear that I will
maintain allegiance to the Republic of the Philippines; I will
support its Constitution and obey laws as well as the legal
orders of the duly constituted authorities therein; I will do
no falsehood, nor consent to the doing of any in court; I will
not wittingly nor willingly promote or sue any groundless,
false or unlawful suit, or give aid nor consent to the same; I
will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my knowledge
and discretion with all good fidelity as well to the courts as
to my clients; and I impose upon myself this voluntary
obligations without any mental reservation or purpose of
evasion. So help me God.
ALTERNATIVE ANSWER:
“I, ____________, do solemnly swear that I accept the honor,
privilege, duty, and responsibility of practicing law in the
Philippines as an officer of the court in the interest of our
people.
I declare fealty to the Constitution of the Republic of the
Philippines. In so doing, I shall work towards promoting the
rule of law in a regime of truth, justice, freedom, love,
equality, and peace.
I shall conscientiously and courageously work for justice as
well as safeguard the rights and meaningful freedoms of all
persons, identities, and communities. I shall ensure greater
and equitable access to justice.
I shall do no falsehood, nor shall I pervert the law to unjustly
favor or prejudice anyone. I shall faithfully discharge these
duties and responsibilities to the best of my ability, with
integrity and utmost civility.
I impose upon myself without mental reservation nor
purpose of evasion so help me God.” (A.M. No. 22-09-01-SC)
NOTE: This is the new lawyer’s oath under the CPRA.
8
 QuAMTO (1987-2022)
Q: State the duties of a lawyer imposed by the Lawyer’s
Oath (2022, 2016, 2007, 2006, 2000 BAR)
A: The following are the duties of a lawyer imposed by the
lawyer’s oath:
1. to maintain allegiance to the Republic of the
Philippines;
2. to support its Constitution;
3. to obey the laws as well as the legal orders of the duly
constituted authorities;
4. to do no falsehood nor consent to the doing of any
court;
5. not to wittingly or willingly promote or sue any
groundless, false or unlawful suit nor to give nor to
consent to the doing of the same;
6. to delay no person for money or malice;
7. to conduct himself as a lawyer according to the best of
his knowledge and discretion, with all good fidelity to
the courts as to his clients; and
8. to impose upon himself that voluntary obligation
without any mental reservation or purpose of evasion.
(Central Bar Q&A by Albano, 2023)
B. DUTIES AND RESPONSIBILITIES OF A LAWYER
UNDER THE CODE OF PROFESSIONAL RESPONSIBILITY
(2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010,
2009, 2008, 2004, 1998 BAR)
THE CODE OF PROFESSIONAL RESPONSIBILITY
(2004)
Q: Under the Code of Professional Responsibility, what
is the principal obligation of a lawyer towards: (2004
BAR)
(a) The legal professional and the Integrated Bar?
A: A lawyer shall, at all times, uphold the integrity and
dignity of the legal profession and support the activities of
the integrated bar. (Canon 7, CPR)
(b)His professional colleagues?
A: A lawyer shall conduct himself with courtesy, fairness,
and candor towards his professional colleagues, and shall
avoid harassing tactics against opposing counsel. (Canon 8,
CPR)
(c) The development of the legal system?
9 U N IV E R S I T Y O F S A N T O T O M A S
A: A lawyer shall participate in the improvement of the legal
system by initiating or supporting efforts in law reform and
in the administration of justice (Canon 4, CPR).
ALTERNATIVE ANSWER: A lawyer shall keep abreast of
legal developments, participate in continuing legal
education programs, support efforts to achieve high
standards in law schools as well as in the practical training
of law students and assist in disseminating information
regarding the law and jurisprudence. (Canon 5, CPR)
(d) The administration of justice?
A: A lawyer shall exert every effort and consider his duty to
assist in the speedy and efficient administration of justice.
(Canon 12, CPR)
ALTERNATIVE ANSWER: A lawyer shall participate in the
improvement of the legal system by initiating or supporting
efforts in law reform and in the administration of justice.
(Canon 4, CPR)
(e) His client?
A: A lawyer shall observe candor, fairness, and loyalty in all
his dealings and transactions with his client. (Canon 15,
CPR)
1. TO SOCIETY
(2017, 2016, 2015, 2014, 2013 2012, 2011, 2010,
2009, 2008, 2003, 2002, 2001, 2000, 1998, 1996, 1994,
1992, 1991, 1990 BAR)
CANON 1
(2016, 2015, 2013, 2012, 2011, 2010, 2009, 2008 BAR)
Q: Atty. Doblar represents Eva in a contract suit against
Olga. He is also defending Marla in a substantially
identical contract suit filed by Emma. On behalf of Eva,
Atty. Doblar claims that the statute of limitations runs
from the time of the breach of the contract. In the action
against Marla, Atty. Doblar now argues the reverse
position (i.e., that the statute of limitation does not run
until one year after discovery of the breach). Both cases
are assigned to Judge Elrey. Although not the sole issue
in the two cases, the statute of limitations issue is
critical in both. Is there an ethical/professional
responsibility problem in this situation? If a problem
exists, what are its implications or potential
consequences? (2013 BAR)
A: YES, there is an ethical/professional responsibility
problem that results from the actuation of Atty. Doblar in
arguing the reverse positions. The signatures of Atty.
Doblar on the pleadings for Eva and for Marla, constitute a
certificate by him that he has read the pleadings; that to the
best of his knowledge, information, and belief there is good
ground to support them; and that the pleadings were not
interposed for delay. (Sec. 3(2), Rule 7, ROC)
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
Atty. Doblar could not claim he has complied with the
foregoing requirement because he could not take a stand
for Eva that is contrary to that taken for Marla. His theory
for Eva clearly contradicts his theory for Marla. He has
violated his professional responsibility mandated under
the ROC.
He has likewise violated the ethical responsibility that his
appearance in court should be deemed equivalent to an
assertion on his honor that in his opinion his client’s case is
one proper for judicial determination. (Canon 30(2), Canons
of Professional Ethics)
In counseling on the contradictory positions, Atty. Doblar
has likewise counseled or abetted activities aimed at
defiance of the law or at lessening confidence in the legal
system (Rule 1.02, Canon 1, CPR) because conflicting
opinions may result arising from an interpretation of the
same law.
Atty. Doblar could not seek refuge under the umbrella that
what he has done was in protection of his clients. This is so
because a lawyer’s foremost duty is not to their client but to
the administration of justice. To that end, his client’s
success is wholly subordinate. His conduct ought to and
must always be scrupulously observant of the law and
ethics. (Pineda, Legal and Judicial Ethics, citing Maglasang v.
People, G.R. No. 90083, 04 Oct. 1990)
Any means, not honorable, fair, and honest, which is
resorted to by the lawyer, even in the pursuit of their
devotion to their client’s cause, is condemnable and
unethical. (Ibid.)
Q: Atty. XX rented a house of his cousin JJ on a month-
to-month basis. He left for a 6-month study in Japan
without paying his rentals and electric bills while he
was away despite JJ’s repeated demands. Upon his
return to the Philippines, Atty. XX still failed to settle his
rental arrearages and electric bills, drawing JJ to file an
administrative complaint against Atty. XX.
Atty. XX contended that his non-payment rentals and
bills to his cousin is a personal matter which has no
bearing on his profession as a lawyer and, therefore, he
did not violate the CPR. Is Atty. XX’s contention in
order? Explain. (2010 BAR)
A: NO. In a case involving the same facts, the SC held that
having incurred just debts, a lawyer has a moral duty and
legal responsibility to settle them when they become due.
“Verily, lawyers must, at all times, faithfully perform their
duties to society, to the bar, to the court, and to their clients.
As part of their duties, they must promptly pay their
financial obligations.” (Wilson Cham v. Atty. Eva Pata-Moya,
A.C. No. 7494, 27 June 2008)
Q: May an unwed female lawyer carrying on a
clandestine affair with her unwed male hairdresser be
sanctioned. (2008 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
A: NO, she may not be sanctioned. In Soberano v. Villanueva
(A.C. No. 215), the Supreme Court held the intimacy between
a man and a woman who are of age and are not disqualified
from marrying each other is “neither so corrupt as to
constitute a criminal act nor so unprincipled as to warrant
disbarment or disciplinary action against the man as a
member of the bar.” (UPLC Suggested Answers)
Q: Atty. Asilo, a lawyer and a notary public, notarized a
document already prepared by Sps. Roger and Luisa
when they approached him. It is stated in the document
to Roger and Luisa formally agreed to live separately
from each other and either one can have a live-in
partner with full consent of the other. What is the
liability of Atty. Asilo, if any? (1998 BAR)
A: Atty. Asilo may be held administratively liable for
violating Rule 1.02 of the CPR which provides that a lawyer
shall not counsel or abet activities aimed defiance of the law
or at lessening confidence in the legal system. An agreement
between two spouses to live separately from each other and
either one could have a live-in partner with full consent of
the other, is contrary to law and morals. The ratification by
a notary public who is a lawyer of in illegal or immoral
contract or document constitutes malpractice or gross
misconduct in office. He should at least refrain from its
consummation. (In Re Santiago, A.C. No. 932, 21 June 1940;
Panganiban v. Borromeo, 58 Phil. 367, 09 Sept. 1933; In re
Bucana, A.M. No. 1637, 06 July 1976)
CANON 2
(2016, 2013, 2012, 2011 BAR)
Q:
a) A sign was posted at the building where the law
office of Atty. Redentor Walang-Talo is located.
The sign reads: (2016 BAR)
ATTY. REDENTOR A. WALANG-TALO
Chairman, IBP Legal Aid Committee Makati City IBP
Chapter
Free conciliation, mediation, and court representation
Suite 210, Galaxy Building, J.P. Rizal Street,
Makati City
Does the posting constitute solicitation?
A: NO. There is nothing wrong with the advertisement. The
statement that he is the chairman of the IBP Legal Aid
Committee is factual and true. Canon 27 of the Code of
Professional Ethics states that “memberships and offices in
bar associations and committees thereof” may be included
in a lawyer’s advertisement. The statement that he gives
free consultation, mediation, and court representation
services is for the purpose of promoting the IBP Legal Aid
Committee.
10
 QuAMTO (1987-2022)
b) Suppose the sign reads:
ATTY. REDENTOR A. WALANG-TALO
Attorney and Counsel-at-Law General Practitioner
(Accepts pro bono cases pursuant to the IBP Legal Aid
Program)
Does the posting constitute solicitation?
A: NO, this does not constitute solicitation. The lawyer does
not claim to be a specialist, but only a "general practitioner".
The statement that he accepts pro bono cases is not for the
purpose of promoting his "business", as "pro bono” means
"for free." Practice of law is a social obligation of a lawyer,
the attainment of justice of which is its principal objective.
Solicitation is proper if it is compatible with the dignity of
the legal profession. If made in a modest and decorous
manner, it would bring no injury to the lawyer and to the
bar. The use of simple signs stating the name and names of
the lawyers, the office and residence address and fields of
practice, as well as establishment in legal periodicals
bearing the same brief data are permissible. The use of
cards is now acceptable. (Atty. Khan, Jr. v. Simbillo, A.C. No.
5299, 19 Aug. 2003; Linsangan v. Atty. Nicomedez Tolentino,
A.C. No. 672, 04 Sept. 2009)
Wanda finally became pregnant in the 10th year of her
marriage to Horacio. As her pregnancy progressed, she
started having difficulty breathing and was easily
fatigued. The doctors diagnosed that she has a heart
congestion problem due to a valve defect, and that her
chances of carrying a baby to full term are slim. Wanda
is scared and contemplates the possibility of abortion.
She thus sought legal advice from Diana, a lawyer-
friend and fellow church member, who has been
informally advising her on legal matters. What is
Diana’s best ethical response? (2013 BAR)
a. Beg off from giving any advice because it is a
situation that is not purely legal.
b. Advise Wanda on the purely legal side of her
problem and assure her that abortion is
allowed by law if the pregnancy endangers the
life of the mother.
c. Advise that it is a religious problem before it is
a medical or legal one, and Wanda should
consult and follow the advice of her religious
confessor.
d. Advise Wanda that abortion, above everything
else, is a moral problem and she should only
have an abortion if it is an act she can live with.
e. Refrain from giving any kind of advice as
abortion is a serious matter that cannot be
11
resolved through informal consultations with
friends and fellow church members.
A: A. (UPLC Suggested Answers)
Q: Atty. Nelson recently passed the Bar and wanted to
specialize in marine labor law. He gave out calling cards
with his name, address and telephone number in front,
and the following words at the back: "We provide legal
assistance to overseas seamen who are repatriated due
to accident, illness, injury, or death. We also offer
FINANCIAL ASSISTANCE." Does this constitute ethical
misconduct? (2012 BAR)
a. No, clients have freedom in the selection of
their counsel.
b. No, use of a professional card is a lawful way of
announcing his services as a professional.
c. Yes, because the offer of financial assistance is
an undignified way of luring clients.
d. Yes, because the offer of assistance is stated at
the back.
A: C. (UPLC Suggested Answers)
CANON 3
(2017, 2016, 2015, 2014, 2013, 2008, 2003, 2002,
2001, 1998, 1996, 1994 BAR)
Q: A Justice of the Supreme Court, while reading a
newspaper one weekend, saw the following
advertisement:
ANNULMENT OF MARRIAGE
Competent Lawyer
Reasonable Fee
Call 221-2221
The following session day, the Justice called the
attention of his colleagues, and the Bar Confidant was
directed to verify the advertisement. It turned out that
the number belongs to Attorney X, who was then
directed to explain to the court why he should not be
disciplinarily dealt with for the improper
advertisement. Attorney X, in his answer, averred that
(1) the advertisement was not improper because his
name was not mentioned in the ad; and (2) he could not
be subjected to disciplinary action because there was
no complaint against him. Rule on Attorney X’s
contention. (2017, 2003, 1998 BAR)
A: Both of Atty. X’s contentions are untenable. The
advertisement is improper because it is a solicitation of legal
business and is tantamount to self-praise by claiming to be
a “competent lawyer”. The fact that his name is not
mentioned does not make the advertisement proper. His
identity can be easily determined by calling the telephone
number stated. In the case of Ulep v. Legal Clinic, Inc. (B.M.
No. 553, 17 June 1993), the Supreme Court found a similar
advertisement to be improper despite the fact that the name
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
of a lawyer was also not mentioned.
Second, a complaint is not necessary to initiate disciplinary
action against a lawyer. Being sui generis in nature, a
disciplinary action against a lawyer may be initiated by the
Supreme Court motu proprio. (UPLC Suggested Answers)
Q: Determine whether the following advertisements by
an attorney are ethical or unethical. Write “Ethical” or
“Unethical”, as the case may be, opposite each letter and
explain. (2017, 2002 BAR)
(a) A calling card, 2x2 in size, bearing his name in
bold print, office, residence and e-mail address,
telephone, and facsimile numbers.
A: ETHICAL. A lawyer, in making known their legal services
shall use only true, honest, fair, dignified, and objective
information or statement of facts. (Canon 3, CPR) For
solicitation to be proper, it must be compatible with the
dignity of the legal profession. If made in a modest and
decorous manner, it would bring no injury to the lawyer or
to the bar. (Warvelle, Legal Ethics, p.55)
(b) A business card, 3’’x4’’ in size, indicating the
aforementioned data with his photo, 1’’x1’’ in
size.
A: UNETHICAL. The size of the card and the inclusion of the
lawyer’s photo in it takes it away from the ambit of "simple
professional cards" that are allowed. The business card
likewise is a form of self-laudation is undignified and
smacks of crass commercialism. The best possible
advertising for a lawyer is a merited reputation for
professional capacity and fidelity to trust, which must be.
earned as the outcome of character and conduct (Ulep v.
Legal Aid Clinic, Inc., A.C. No. L-533, 17 June 1993)
(c) A pictorial press release in a broadsheet
newspaper made by the attorney showing him
being congratulated by the president of a client
corporation for winning a multi-million damage
suit against the company in the Supreme Court.
A: UNETHICAL. A lawyer shall not pay or give anything of
value to representatives of the mass media in anticipation
of, or in return for, publicity to attract legal business. (Rule
3.04, Canon 3, CPR) A lawyer should not resort to indirect
advertisements such as a pictorial press release in a
newspaper to attract legal business.
(d) The same press release made in a tabloid by the
attorney’s client.
A: ETHICAL. A lawyer cannot be held liable for the action of
their client, provided they had no knowledge of the client’s
act. However, it would be unethical if the lawyer knew of the
client’s intention to publish but nonetheless failed to
prevent it.
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
(e) A small announcement that the attorney is
giving free legal advice on 30 Nov. 2017
published in Balita, a tabloid in Filipino.
A: UNETHICAL. The announcement in a newspaper that he
will give free advice is a form of self-laudation and
advertisement that has no place in the legal profession. (In
Re: Luis Tagorda, 23 Mar. 1929)
Q: A lone law practitioner Bartolome D. Carton, who
inherited the law office from his deceased father
Antonio C. Carton, carries these names: “Carton &
Carton Law Office.” Is that permissible or
objectionable? Explain. (2001, 1996, 1994 BAR)
A: It is OBJECTIONABLE. Rule 3.02 of the CPR provides that
“in the choice of a firm name, no false, misleading or
assumed name shall be used; the continued use of the name
of deceased partner is permissible provided that the firm
indicates in all its communications that the partner is
deceased.” Since Atty. Antonio C. Carton is a solo
practitioner, it is improper for him to use the firm name
“Carton & Carton Law Office”, which indicates that he is
and/or was in partnership with his father. Even if he
indicates in all his communication that his father is already
dead, the use of the firm name is still misleading because
his father was never his partner before. A lawyer is not
authorized to use in their practice of profession a name
other than the one inscribed in the Roll of Attorneys.
Q: Facing disciplinary charges for advertising as a
lawyer, Atty. A argues that although the calling card of
his businessman friend indicates his law office and his
legal specialty, the law office is located in his friend’s
store. Decide. (2001 BAR)
A: This appears to be a circumvention of the prohibition on
improper advertising. There is no valid reason why the
lawyer’s businessman friend should be handling out calling
cards that contains the lawyer’s law office and legal
specialty, even if his office is in his friend’s store. What
makes it more objectionable is the statement of his
supposed legal specialty. It is highly unethical for an
attorney to advertise their talents or skill as a merchant.
CANON 6
(2016, 1992, 1991 BAR)
Q: City Prosecutor Philip prosecuted the criminal case
for the murder of the city mayor against the accused
Reynaldo, the losing mayoralty candidate. There was no
private prosecutor and Phillip personally handled the
prosecution of the case from arraignment up to the
presentation of the evidence for the accused. Before the
trial, Alfonso approached Phillip and confessed that he
is the killer of the city mayor and not Reynaldo. When
the case was called for trial, Phillip manifested before
the court that Alfonso approached him and admitted
that he killed the mayor and asked the court for
whatever proper action it may take. The counsel for the
12
 QuAMTO (1987-2022)
accused took advantage of the presence of Alfonso, who
was placed on the witness stand and elicited
testimonial evidence. The court eventually acquitted
Reynaldo. The heirs of the city mayor filed a disbarment
case against Phillip on the ground that it is his duty to
see to it that the criminal is convicted and punished.
They believed Reynaldo is the real killer and Alfonso
was only a fall guy and that Reynaldo could not have
been acquitted were it not for the disclosure of Phillip.
Phillip argues that the City Prosecutor is not for the
offended party or the heirs of the victim, but it is his
main duty that “Justice be done”. Did Phillip commit any
violation of the CPR? Explain. (2016 BAR)
A: NO, Phillip did not commit any violation of the Code of
Professional Responsibility. Rule 6.01 categorically states
that “the primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is done.
The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary action”. A
public prosecutor “is a representative not of an ordinary
party in a controversy, but of a sovereignty whose
obligation to govern impartially is as compelling as its
obligation to govern at all.” (Suarez v. Platon, G.R. No. 46371,
7 February 1990) (UPLC Suggested Answers)
Q: Atty. Herminio de Pano is a former Prosecutor of the
City of Manila who established his own law office after
taking advantage of the Early Retirement Law. He was
approached by Estrella Cabigao to act as a private
prosecutor in an estafa case in which she is the
complainant. It appears that said estafa case was
investigated by Atty. de Pano when he was still a
Prosecutor. Should Atty. de Pano accept employment as
private prosecutor in said estafa case? Explain. (1992
BAR)
A: NO. Atty. de Pano should not accept the employment as
private prosecutor as he will be violating Rule 6.03, Canon
6 of the CPR which provides that a lawyer shall not, after
leaving government service, accept employment in
connection with any matter in which they had intervened
while in said service.
Q: Lawyer U, a retired Tanod-bayan prosecutor, now in
the private practice of law entered his appearance for
and on behalf of an accused in a case before the
Sandiganbayan. The prosecution moved for his
disqualification on the ground that he had earlier
appeared for the prosecution in the case and is
knowledgeable about the prosecution's evidence, both
documentary and testimonial. U contended that he
merely appeared at the arraignment on behalf of the
prosecutor assigned to the case who was absent at the
time. Decide. (1991 BAR)
A: Lawyer U should be disqualified from entering his
appearance in this case even only for arraignment of the
accused. His appearance is deemed to be appearing for
13
conflicting interest.
ALTERNATIVE ANSWER: Canon 6 provides that a lawyer,
having once held public office or having been in public
employ, should not, after their retirement, accept
employment in connection with any matter they have
investigated or passed upon while in such office or employ.
The contention of U that he merely appeared at the
arraignment on behalf of the absent prosecutor, is not
enough. As a former Tanod-bayan prosecutor, he certainly
had occasion to obtain knowledge about the prosecution’s
evidence.
PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW, OR
CAN PRACTICE LAW BUT WITH RESTRICTIONS
(2000, 1990 BAR)
Q: A town mayor was indicted for homicide through
reckless imprudence arising from a vehicular accident.
May his father-in-law, who is a lawyer and a
Sangguniang Panlalawigan member, represent him in
court? Reason. (2000 BAR)
A: YES, his father-in-law may represent him in court. Under
the LGC, members of the Sanggunian may engage in the
practice of law, except in the following:
1. They shall not appear as counsel before any court in any
civil case wherein an LGU or any office, agency or
instrumentality of the government is the adverse party.
2. They shall not appear as counsel in any criminal case
wherein an officer or employee of the national or local
government is accused of an offense committed in
relation to their office.
3. They shall not collect any fee for their appearance in
administrative proceedings including the LGU of which
they are an official.
4. They shall not use property and personnel of the
Government except when the Sanggunian member
concerned is defending the interests of the government.
In this case, the town mayor was indicted for homicide
through reckless imprudence, an offense that is not related
to his office.
Q: In a civil case before the RTC between Mercy Sanchez
and Cora Delano, Sanchez engaged the services of the
Reyes Cruz & Santos Law Offices. Delano moved for the
disqualification of the Reyes Cruz & Santos Law Offices
on the ground that Atty. Cruz is an incumbent senator.
Rule on the motion with reasons. (1990 BAR)
A: As a judge, I will require that the name of Atty. Cruz, an
incumbent Senator, be dropped from any pleading filed in
court or from any oral appearance for the law firm by any
other member of the law firm, and should the law firm
refuse, I will disqualify the law firm. My reasons are as
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
follows: 2. TO THE LEGAL PROFESSION
(2019, 2018, 2017, 2015, 2014, 2012, 2011, 2010,
Sec. 14, Art. VI of the 1987 Constitution provides that “no 2009, 2008, 2005, 1995 BAR)
Senator or Member of the House of Representatives may
personally appear as counsel before any court of Justice or
MEMBERSHIP AND DUES
before the Electoral Tribunals, or quasi-judicial and other
(2018, 2008 BAR)
administrative bodies.” What is prohibited is personal
appearance of the Senator Atty. Cruz, and for as long as the
Q: In a complaint filed before the IBP against Atty. Cirilo
Senator does not personally appear in court for Mercy
Celis, a senior citizen, it was shown that: a) he failed to
Sanchez, the prohibition does not apply. Personal
pay his IBP dues for 6 years; b) he indicated uniformly
appearance includes not only arguing or attending a
in his pleadings for three (3) consecutive years “IBP
hearing of a case in court but also the signing of a pleading
Muntinlupa OR No. 12345” as proof of payment of his
and filing it in court.
IBP fees; and c) he did not indicate any Professional Tax
Receipt number to prove payment of his professional
Hence, the Senator should not allow his name to appear in
dues.
pleadings filed in court by itself or as part of a law firm
name, such as Reyes Cruz and Santos Law Offices, under the
In his defense, Atty. Celis alleged that he is only engaged
signature of another lawyer in the law firm, nor should he
in a “limited” law practice, and his principal occupation,
allow the firm name with his name therein to appear as
as disclosed in his income tax return, is that of a farmer
counsel through another lawyer, without indirectly
of a 30-hectare orchard and pineapple farm in
violating the constitutional restriction, because the
Camarines Sur.
signature of an agent amounts to a signing by the Senator
through another lawyer is in effect his appearance, the
He also claimed that he believed in good faith that, as a
office of attorney being originally one of agency, and
senior citizen, he was exempt from payment of taxes,
because the Senator cannot do indirectly what the
such as income tax, under R.A. No. 7432 which grants
Constitution prohibits directly.
senior citizens “exemption from the payment of
individual income taxes provided that their annual
The lawyer actually appearing for Mercy Sanchez should
taxable income does not exceed the poverty level as
drop the name of Atty. Cruz from any pleading or from any
determined by the NEDA for that year.”
oral appearance in court, otherwise the law firm could be
disqualified. Moreover, Rule 6.02 of the CPR prohibits a
As a member of the IBP Board of Governors, decide on
lawyer in government from using their public position to
the following: (2018 BAR)
promote or advance their private interests, and the
Senator’s name appearing in pleadings or in appearances
(a) The validity of his claim that, being engaged in a
by other lawyers in the law firm may be misconstrued as
limited practice of law and being a senior
indirectly influencing the judge to decide the case in favor
citizen who is exempt from the payment of
of the law firm’s client, which can only be avoided by
taxes, he is not required to pay his IBP and
dropping the name of the Senator from the firm name
professional dues.
whenever it appears in court.

A: In accordance with Secs. 9 and 10, Rule 139-A, Atty. Celis

ALTERNATIVE ANSWER: The motion to disqualify the
can engage in the practice of law only by paying his IBP dues,
Reyes Cruz and Santos Law Offices may not prosper as Sec.
and it does not matter that his practice is “limited”. While it
14, Art. VI of the Constitution prohibits a Senator or Member
is true that Sec. 4 of R.A. No. 7432 grants senior citizens
of the House of Representatives to personally appear as
exemption from the payment of individual income taxes,
counsel in any court of justice. If Attorney Cruz who is a
provided that their annual taxable income does not exceed
Senator personally appears, he may be disqualified.
the poverty level as determined by the NEDA for that year,
the exemption does not include payment of membership or
ALTERNATIVE ANSWER: I will deny the motion. The
association dues, which is not a tax. (Santos, Jr. v. Llamas, A.C.
Constitution prohibits personal appearance by a member of
No. 4749, 20 Jan. 2000)
Congress before the Courts but does not totally prohibit law
practice. As long as the Senator does not personally or
(b) The obligations, if any, under the ROC and the
physically appear in court, there is no disqualification.
CPR that Atty. Celis may have violated.

A: The following are the obligations Atty. Celis may have

violated under the ROC and the CPR:

1. Canon 7, CPR. A lawyer shall at all times uphold the

integrity and dignity of the legal profession and
support the activities of the Integrated Bar.

U N IV E R S I T Y O F S A N T O T O M A S 14
2023 GOLDEN NOTES
 QuAMTO (1987-2022)
2. Sec. 9, Rule 139–A, ROC. “Every member of the
Integrated Bar shall pay such annual dues as the
Board of Governors shall determine with the
approval of the Supreme Court.”
3. Sec. 10, Rule 139-A, ROC. “Subject to the provision
of Sec. 12 of this Rule, default in the payment of
annual dues for six months shall warrant
suspension of members in the Integrated Bar, and
default in such payment for one year shall be a
ground for removal of the name of the delinquent
member from the Roll of Attorneys.”
Q: State, with a brief explanation, whether the lawyer
concerned may be sanctioned for not paying the annual
IBP dues. (2008 BAR)
A: YES. It is the duty of every lawyer to support the
activities of the IBP. (Canon 7, CPR) Default in payment of
IBP dues for six (6) months shall warrant suspension of
membership to the IBP, and default to make such payment
for one (1) year shall be a ground for the removal of the
delinquent member from the Roll of Attorneys. (In Re Atty.
Marcial Edillon, A.M. No. 1928, 03 Aug. 1978)
NOTE: Payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt. This
means that the compulsory nature of payment of dues
subsists for as long as one's membership in the IBP remains
regardless of the lack of practice of, or the type of practice,
the member is engaged in.
There is nothing in the law or rules which allows exemption
from payment of membership dues. (Letter of Atty. Cecilio Y.
Arevalo, Jr., B.M. No. 1370, 9 May 2005)
CANON 7
(2017, 2016, 2012, 2011, 2008, 2005 BAR)
Q: Atty. Kuripot was one of Town Bank's valued clients.
In recognition of his loyalty to the bank, he was issued a
gold credit card with a credit limit of P250,000.00. After
two months, Atty. Kuripot exceeded his credit limit, and
refused to pay the monthly charges as they fell due.
Aside from a collection suit, Town Bank also filed a
disbarment case against Atty. Kuripot.
In his comment on the disbarment case, Atty. Kuripot
insisted that he did not violate the Code of Professional
Responsibility (CPR), since his obligation to the bank
was personal in nature and had no relation to his being
a lawyer. Is Atty. Kuripot correct? Explain your answer.
(2017, 2005 BAR)
A: NO. Atty. Kuripot is not correct. A lawyer should act
according to the standards of the legal profession even in
his personal acts. A lawyer shall not engage in conduct that
adversely affects their fitness to practice law, nor shall they,
whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession. (Rule 7.03,
15
Canon 7, CPR)
ALTERNATIVE ANSWER: NO, Atty. Kuripot is not correct
especially so that a disbarment proceeding is sui generis
that they are neither civil nor purely criminal. It involves
investigation by the Court into the conduct of one of its
officers (Peña v. Aparicio, A.C. No. 7298, 25 June 2007). Under
Rule 7.03 of the Code of Professional Responsibility, "a
lawyer shall not engage in conduct that adversely reflects
on his fitness to practice of law, nor shall he, whether in
public or private life, behave in a scandalous manner to the
discredit of the legal profession."
Rule 1.01 likewise provides that "a lawyer shall not engage
in unlawful, dishonest, immoral or deceitful conduct,"
without qualifying that it be in his professional life only.
Atty. Kuripot has the moral duty and legal responsibility to
settle to settle her financial obligations when they become
due. It is a well-settled rule that there is no dichotomy
between the public and private aspects of the life of a
lawyer. It is not necessary for a lawyer-client relationship to
exist for a lawyer to become a subject of a disbarment case
(Garcia v. Bulauitan, A.C. No. 7280, 16 Nov. 2006).
Generally, a lawyer may be disbarred or suspended for any
misconduct whether in wanting in moral character in
honesty, probity and good demeanor. (Marcelo v. Javier, Sr.,
A.C. No. 3248, 18 Sept. 1992)
ALTTERNATIVE ANSWER: YES, Atty Kuripot is correct.
According to the Supreme Court, the respondent may not be
disciplined either by the IBP or by this Court for failing to
pay her obligation to complainant. Complainants remedy is
to file a collection case before a regular court of justice
against respondent. The general rule is that a lawyer may
not be suspended or disbarred, and the court may not
ordinarily assume jurisdiction to discipline him, for
misconduct in his non-professional or private capacity.
(Priscila L. Toledo v. Atty. Erlinda Abalos, A.C. No. 5141, 29
Sept. 1999)
The afore-cited canons (Canons 1.01 and 7.03) emphasize
the high standard of honesty and fairness expected of a
lawyer not only in the practice of the legal profession but in
his personal dealings as well. A lawyer must conduct
himself with great propriety, and his behavior should be
beyond reproach anywhere and at all times. (Ong v. Delos
Santos, A.C. No. 10179, 4 Mar. 2014)
Q: Sonia, who is engaged in the lending business,
extended to Atty. Roberto a loan of P50,000.00 with
interest of P25,000.00 to be paid not later than May 20,
2016. To secure the loan, Atty. Roberto signed a
promissory note and issued a postdated check. Before
the due date, Atty. Roberto requested Sonia to defer the
deposit of the check. When Atty. Roberto still failed to
pay, Sonia deposited the check which was dishonored.
Atty. Roberto ignored the notice of dishonor and
refused to pay. (2016 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
(a) Did Roberto commit any violation of the CPR?
Explain.
A: YES. Atty. Roberto committed a violation of Rule 1.01,
Canon 1 and Rule 7.03, Canon 7 for issuing a bouncing
check. He should very well know that the issuance of a
bouncing check is an unlawful act, a crime involving moral
turpitude. (Co v. Bernardino, A.C. No. 3919, 28 Jan. 1998)
(b) Can he be held civilly liable to Sonia in an
administrative case for suspension or
disbarment?
A: NO. The sole issue in an administrative case is the
determination of whether a lawyer is still fit to continue
being a lawyer. The Supreme Court will not order the return
of money which is not intimately related to a lawyer-client
relationship. (Wong v. Moya, A.C. 6972, 17 Oct. 2008; Sps.
Concepcion v. Atty. De La Rosa, A.C. No. 10681, 03 Feb. 2015)
CANON 8
(2010, 1995 BAR)
Q: After the pre-trial Atty. Hans Hilado, counsel for
plaintiff Jennifer Ng, persuaded defendant Doris Dy to
enter into a compromise agreement with the plaintiff
without the knowledge and participation of defendant’s
counsel, Atty. Jess de Jose. Doris acceded and executed
the agreement. Therein Doris admitted her obligation
in full and bound herself to pay her obligation to
Jennifer at 40% interest per annum in 10 equal
monthly installments. The compromise agreement was
approved by the court. Realizing that she was
prejudiced, Doris Dy filed an administrative complaint
against Atty. Hilado alleging that the latter prevented
her from consulting her lawyer Atty. de Jose when she
entered into the compromise agreement, thereby
violating the rules of professional conduct. Atty. Hilado
countered that Doris Dy freely and voluntarily entered
into the compromise agreement which in fact was
approved by the court.
Was it proper for the judge to approve the compromise
agreement since the terms thereof were just and fair
even if counsel for one of the parties was not consulted
or did not participate therein? Explain. (1995 BAR)
A: It was not proper for the Judge to approve the compromise
agreement without the participation of the lawyer of one of
the parties, even if the agreement was just and fair. Even if a
client has exclusive control of the cause of action and may
compromise the same, such right is not absolute. He may not,
for example, enter into a compromise to defeat the lawyer’s
right to a just compensation. Such right is entitled to
protection from the court.
NOTE: In the case of Camacho vs. Atty. Pangulayan, the
Supreme Court held that although aware that the students
were represented by counsel, respondent attorney
proceeded, nonetheless, to negotiate with them and their
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
parents without at the very least communicating the matter
to their lawyer, herein complainant, who was counsel of
record in the prior civil case.
This failure of respondent, whether by design or because of
oversight, is an inexcusable violation of the canons of
professional ethics and in utter disregard of a duty owing to
a colleague. Respondent fell short of the demands required
of him as a lawyer and as a member of the Bar particularly
Canon 9. (Camacho v. Atty. Pangulayan of Pangulayan and
Associates Law Offices, A.C. No. 4807, 22 Mar. 2000)
CANON 9
(2019, 2018, 2017, 2015, 2014, 2010, 2009, 2008,
2005 BAR)
Q: Atty. B is a newly admitted member of the Philippine
Bar. As a means to manage his heavy case load, Atty. B
delegated the preparation and signing of all motions for
extension of time to his secretary, Ms. D. On the
signature page of every motion, the following would
appear:
"Ms. D for B Law Office"
X, one of Atty. B's clients expressed concern over such
practice. Atty. B reassured him that the same is
completely permissible as lawyers are allowed to
devise means to efficiently manage their workload.
Besides, Ms. D is acting under his full knowledge and
authority. Does the practice of Atty. B of having his
motions for extension of time signed by Ms. D constitute
any violation of the Code of Professional
Responsibility? Explain. (2019 BAR)
A: YES, Atty. B’s practice of having his secretary sign his
motions for extensions of time constitutes a violation of
Rule 9.01 of Canon 9 of the CPR. The Supreme Court held
that the preparation and signing of a pleading constitute
legal work involving the practice of law and the same is
reserved for members of the legal profession.
Atty. B’s authority and duty to sign pleadings are personal
to him and he may not delegate the signing of a pleading to
a non-lawyer. By signing a pleading, a counsel certifies that
they have read the same, that there is good ground to
support it to the best of their knowledge, information and
belief, and that it is not interposed for delay. Hence, it is the
counsel alone who can certify these matters and give legal
effect to the document. (Tapay and Rustia v. Atty. Bancolo,
A.C. No. 9604, 20 Mar. 2013)
Q: Dr. Cielo is a well-known medical doctor specializing
in cosmetic surgery. Dr. Cielo, together with a team of
doctors, performed a surgical buttocks enhancement
procedure in her clinic on Ms. Cossette Concio (Concio).
Unfortunately, after a couple of years, the implant
introduced during the enhancement procedure caused
infection and Concio became seriously ill. Concio filed
a criminal action for medical malpractice against Dr.
16
 QuAMTO (1987-2022)
Cielo which was eventually dismissed for failure to
prove that Dr. Cielo was negligent. Concio was
represented in this action by Atty. Cogie Ciguerra
(Ciguerra). After they lost the medical malpractice case,
Ciguerra started writing a series of posts on his
Facebook (FB) account containing insulting and
verbally abusive language against Dr. Cielo. Among
others, Ciguerra called Dr. Cielo a quack doctor, “reyna
ng kaplastikan at kapalpakan”, and accused her of
maintaining a payola or extra-legal budget to pay off
prosecutors and judges in order to win her cases. He
also called on patients to boycott the clinic of Dr. Cielo.
Dr. Cielo filed a disbarment case against Ciguerra for
posting on his FB account, sexist, vulgar, and obscene
comments, and language disrespectful of women in his
FB posts. Ciguerra’s defense is that his FB posts were
private remarks on his private FB account and only
meant to be shared among his FB friends, and Dr. Cielo
was not part of them. He also claimed that the
disbarment case was filed in violation of his
constitutionally guaranteed right to privacy. The Court,
however, found that Ciguerra’s FB account did not have
privacy settings. Can Ciguerra be disbarred for the
series of posts in his FB account against Dr. Cielo? (2018
BAR)
A: YES. Atty. Ciguerra can be disbarred for the series of
posts on his FB account against Dr. Cielo. The Court in Belo-
Henares v. Atty. Guevarra (01 Dec. 2016), debunked the
respondent lawyer’s defense of privacy by pointing out that
he failed to prove that he used the privacy tools of Facebook
to limit his messages to his “friend”. Even if he did so, there
is no guarantee that his friends will not pass on his
messages to their friends.
With regard to the defense of freedom of speech, the
Supreme Court ruled that “the freedom of speech and of
expression, like all constitutional freedoms, is not absolute.
While the freedom of expression and the right of speech and
of the press are among the most zealously protected rights
in the Constitution, every person exercising them, as the
New Civil Code (NCC) stresses, is obliged to act with justice,
give everyone his due, and observe honesty and good faith.
As such, the constitutional right of freedom of expression
may not be availed of to broadcast lies, half-truths, insult
others, destroy their names, reputation of bringing them
into disrepute.” (Ma. Victoria G. Belo-Henares v. Atty.
Roberto “Argee” C. Guevarra, A.C. No. 11394, 01 Dec. 2016)
(UPLC Suggested Answers)
NOTE: In the case of Ma. Victoria G. Belo-Henares v. Atty.
Roberto “Argee” C. Guevarra, Canons 7, 8, and 19 were
violated through the use of inappropriate and obscene
language, and his act of publicly insulting and undermining
the reputation of complainant through the subject
Facebook posts.
17
Q: You had just taken your oath as a lawyer. The
secretary to the president of a big university offered to
get you as the official notary public of the school. She
explained that a lot of students lose their Identification
Cards and are required to secure an affidavit of loss
before they can be issued a new one. She claimed that
this would be very lucrative for you, as more than 30
students lose their Identification Cards every month.
However, the secretary wants you to give her one-half
of your earnings therefrom. Will you agree to the
arrangement? Explain. (2017, 2005 BAR)
A: NO, I will not agree. Rule 9.02 of the CPR provides that “a
lawyer shall not divide or stipulate to divide a fee for legal
service with persons not licensed to practice law”. The
secretary, not being a lawyer, is not licensed to practice law
and is not entitled to a share of the fees for legal services
rendered, particularly in notarizing affidavits.
Q: Atty. Monica Santos-Cruz registered the firm name
“Santos-Cruz Law Office” with the Department of Trade
and Industry as a single proprietorship. In her
stationery, she printed the names of her husband and a
friend who are both non-lawyers as her senior partners
in light of their investments in the firm. She allowed her
husband to give out calling cards bearing his name as
senior partner of the firm and to appear in courts to
move for postponements. Did Atty. Santos-Cruz violate
the Code of Professional Responsibility? Why? (2010
BAR)
A: YES, she did. In the case of Cambaliza v. Cristobal-Tenorio
(A.C. No. 6290, 14 July 2004), which involves the same facts,
the Supreme Court held that a lawyer who allows a non-
member of the Bar to misrepresent themselves as a lawyer
and to practice law is guilty of violating Rule 9.01, Canon 9
of the CPR which provide as follows:
Canon 9. A lawyer shall not directly or
indirectly assist in the unauthorized practice
of law.
Rule 9.01. A lawyer shall not delegate to any
unauthorized person the performance of any
task which by law may only be performed by
a member of the bar in good standing.
Q: May a suspended lawyer working as an independent
legal assistant to gather information and secure
documents for other lawyers during the period of his
suspension be sanctioned. (2008 BAR)
A: NO, the lawyer may not be sanctioned. Practice of law has
been defined as any activity, inside or outside the
courtroom which requires knowledge of the law and
procedure (Cayetano v. Monsod, 201 SCRA 210 [1991]). The
act of gathering information and securing documents for
other lawyers, and not for a client, does not constitute
practice of law. Any clerk can be tasked by a lawyer to
perform such services. However, if these acts will involve
U N IV E R S I T Y O F S A N T O T O M A S
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
the exercise of professional judgment of a lawyer, the
essence of which has been said to be his educated ability to
relate the general body of and philosophy of law to a
specified legal problem, such acts would constitute practice
of law, and the suspended lawyer can be sanctioned for
performing them. (UPLC Suggested Answers)
Q: May a suspended lawyer allowing his non-lawyer
staff to actively operate his law office and conduct
business on behalf of clients during the period of
suspension be sanctioned. (2008 BAR)
A: YES, the lawyer maybe sanctioned. A lawyer shall not
delegate to any unqualified person the performance of any
task which by law may only be performed by a member of
the bar in good standing. (Rule 9.01, CPR) Cite the rule.
(UPLC Suggested Answers)
3. TO COURTS
(2019, 2018, 2016, 2015, 2014, 2013, 2012, 2011,
2010, 2009, 2008, 2001, 2000, 1994, 1993 BAR)
(a) Did Atty. Billy fail in his duty as a lawyer? What
rules did he violate, if any?
A: Atty. Billy has violated Rules 10.01 and 10.02, Canon 10
of the CPR which provide as follows:
CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT.
Rule 10.01. A lawyer shall not do any falsehood,
nor consent to the doing of any in court; nor shall
he mislead or allow the Court to be misled by any
artifice.
Rule 10.02. A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of the
opposing counsel, or the text of a decision or
authority, or knowingly cite a law a provision
already rendered inoperative by repeal or
amendment or assert as a fact that which has not
been proved.

CANON 10
(b) How should lawyer quote a Supreme Court
(2015, 2009, 2004, 2000, 1994 BAR)
decision?

Q: Atty. Billy, a young associate in a medium-sized law

A: They should be verbatim reproductions of the Supreme
firm, was in a rush to meet the deadline for filing his
Court’s decisions, down to the last word and punctuation
appellant’s brief. He used the internet for legal research
mark. (Insular Life Assurance Co., Ltd., Employees Association
by typing keywords on his favorite search engine, which
v. Insular Life Assurance Co., Ltd., G.R. No. L-25291, 30 Jan.
led him to many websites containing text of Philippine
1971)
jurisprudence. None of these sites was owned or
maintained by the Supreme Court. He found a case
Q: In a pending labor case, Atty. A filed a Position Paper
believed to be directly applicable to his client’s cause, so
on behalf of his client, citing a Supreme Court case and
he copied the text of the decision from the blog of
quoting a portion of the decision therein which he
another law firm and pasted the text to the document he
stated reflected the ratio decidendi. However, what he
was working on. The formatting of the text he had
quoted was not actually the Supreme Court ruling but
copied was lost when he pasted it to the document, and
the argument of one of the parties to the case. May Atty.
he could not distinguish anymore, which portions were
A be faulted administratively? Explain. (2000 BAR)
the actual findings or rulings of the Supreme Court, and
which were quoted portions from the other sources that
A: YES. He may be faulted administratively. A lawyer owes
were used in the body of the decision. Since his deadline
candor, fairness, and good faith to the court. Rule 10.02 of
was fast approaching, he decided to just make it appear
the CPR expressly provides that a lawyer shall not
as if every word he quoted was part of the ruling of the
knowingly misquote or misrepresent the contents of a
Court, thinking that it would not be discovered.
paper, the language or the argument of opposing counsel, or
the text of a decision or authority, or knowingly cite as law
Atty. Billy’s opponent, Atty. Ally, a very conscientious
a provision already rendered inoperative by repeal or
former editor of her school’s law journal, noticed many
amendment or assert as a fact that which has not been
discrepancies in Atty. Billy’s supposed quotations from
proved. To cite an argument of one of the parties as a ratio
the Supreme Court decision when she read the text of
decidendi of a Supreme Court decision show, at least, lack of
the case from her copy of the Philippine Reports. Atty.
diligence on the part of Atty. A. (COMELEC v. Noynay, G.R. No.
Billy failed to reproduce the punctuation marks and
132365, 09 July 1998)
font sizes used by the Court. Worse, he quoted the
arguments of one party as presented in the case, which
arguments happened to be favorable to his position,
and not the ruling or reasoning of the Court, but this
distinction was not apparent in his brief. Appalled, she
filed a complaint against him. (2015, 1994 BAR)

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2023 GOLDEN NOTES
 QuAMTO (1987-2022)
CANON 11
(2019, 2018, 2016, 2015, 2012, 2011, 2010, 1993 BAR)
Q: Pending resolution of a high-profile case against him,
Justice K uttered, in a public forum hosted by a local
Integrated Bar of the Philippines chapter, his
comments on the perceived bias of the court against
him, as well as on the issues raised by the complainants,
his defenses, and the commentaries published by some
local newsmen in relation to the case. This is only one
instance of his many appearances in different
gatherings of such nature in order to defend his public
image. (2019 BAR)
(a) Did Justice K, in his capacity as a lawyer, commit
any violation of the Code of Professional
Responsibility? If so, what rule did Justice K
violate? Explain.
A: YES. Justice K violated Rule 13.02, Canon 13, and Canon
11 of the CPR. His public statements tend to influence the
public and the Members of the Court, and to attack the
dignity and authority of the institution. By raising
comments on the perceived bias of the court against him,
his statements went beyond the supposed arguments and
contentions contained in his and the complainant’s
pleadings. His public utterances do not only tend to arouse
public opinion on the matter, but such speeches and
interviews given by Justice K in different forums
indisputably tend to tarnish the Court's integrity and
unfairly attribute false motives against its members. (Re:
Republic v. Sereno, A.M. No. 18-06-01-SC, 17 July 2018)
(b) Arguing that he should be treated as any other
ordinary litigant in the said case, may Justice K
validly claim that his comments were made in a
purely private capacity and hence, not subject
to administrative sanction? Explain.
A: NO. Justice K may not validly claim that his comments are
not subject to administrative sanction because they were
made in a purely private capacity as a party-litigant.
Lawyers must conduct themselves with great propriety, and
their behavior must be beyond reproach anywhere and at
all times, whether they are dealing with their clients or the
public at large. Any errant behavior on the part of a lawyer
and/or a judge, whether in their public or private activities,
which tends to show said lawyer or judge deficient in moral
character, honesty, probity or good demeanor, is sufficient
to warrant suspension or disbarment. (Re: Republic v.
Sereno, A.M. No. 18-06-01-SC, 17 July 2018)
Q: Atty. Luna Tek maintains an account in the social
media network called Twitter and has 1,000 followers
there, including fellow lawyers and some clients. Her
Twitter account is public so even her non-followers
could see and read her posts, which are called tweets.
She oftentimes takes to Twitter to vent about her daily
sources of stress like traffic or to comment about
current events.
19
She also tweets her disagreement and disgust with the
decisions of the Supreme Court by insulting and
blatantly cursing the individual Justices and the Court
as an institution. (2015 BAR)
(a) Does Atty. Luna Tek act in a manner consistent
with the Code of Professional Responsibility?
Explain the reasons for your answer.
A: NO. Atty. Luna did not act in a manner consistent with the
CPR. Canon 11 provides that “a lawyer shall observe and
maintain the respect due to the courts and to judicial
officers and should insist on similar conduct with others.”
As an officer of the court, a lawyer should set the example in
maintaining a respectful attitude towards the court.
Moreover, they should abstain from offensive language in
criticizing the courts. Atty. Luna Tek violated this rule in by
insulting and blatantly cursing the individual Justices and
the Supreme Court in her tweets. Lawyers are expected to
carry their ethical responsibilities with them in cyberspace.
(Lorenzana v. Judge Ma. Cecilia L. Austria, A.M. No. RTJ-09-
2200, 02 Apr. 2014)
(b) Describe the relationship between a lawyer and
the courts.
A: A lawyer is an officer of the court. As such, they are much
a part of the machinery of justice as a judge is. The judge
depends on the lawyer for the proper performance of their
judicial duties. Thus, Canon 10 enjoins a lawyer to be candid
with the courts; Canon 11 requires them to show respect to
judicial officers; and Canon 12 urges them to exert every
effort and consider it their duty to assist in the speedy and
efficient administration of justice.
Q: Cacai, a law student, filed an administrative
complaint against RTC Judge Casimiro Conde, her
professor in law school, based on the following
allegations:
(a) In a school convocation where Judge Conde was the
guest speaker, Judge Conde openly disagreed and
criticized a recently decided Supreme Court decision
and even stressed that the decision of the Supreme
Court in that case was a serious violation of the
Constitution.
(b) In his class discussions, Judge Conde named Cacai’s
mother, an MTC judge, as one of the judges involved in a
marriage scam. At that time, the case against her
mother was still pending. Judge Conde also included in
his class discussion Cacai’s brother whom he referred to
as a “court-noted drug addict.”
Cacai asserted that the acts of Judge Conde were open
displays of insensitivity, impropriety, and lack of
delicadeza bordering on oppressive and abusive
conduct. She also alleged that Judge Conde acted with
absolute disrespect for the Court and violated the “sub
judice rule” when he discussed the marriage scam
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involving her mother because, at that time, the case was
still pending.
In his defense, Judge Conde argued that the case he
discussed in the school convocation was already of
public knowledge and had been published after it had
become final. He also said it was part of his academic
freedom to openly discuss and criticize a decision of the
Court since it was already decided with finality, was
patently erroneous, and clearly a violation of the
Constitution. With respect to discussions in class about
Cacai’s mother, he said that the marriage scam where
her mother was charged scandalized the Judiciary and
became public knowledge when the Office of the Court
Administrator held a press conference on the matter
and, that as a citizen, he could comment thereon in the
exercise of his rights to freedom of speech and
expression. He also asserted that his discussions in both
fora could not be the subject of an administrative
complaint because they were not done in the
performance of his judicial duties.
Rule on each of the charges raised by Cacai, and the
corresponding defenses raised by Judge Conde. (2018
BAR)
(a) In a school convocation where Judge Conde was
the guest speaker, Judge Conde openly
disagreed and criticized a recently decided
Supreme Court decision and even stressed that
the decision of the Supreme Court in that case
was a serious violation of the Constitution.
A: The New Code of Judicial Conduct provides that judges,
like any other citizens, are entitled to freedom of expression,
belief, association, and assembly, but in exercising such
right, they shall always conduct themselves in such a
manner as to preserve the dignity of the judicial office and
the impartiality of the judiciary. Judge Conde, however,
should not have criticized in public the Supreme Court
decision as a serious violation of the Constitution. He should
have avoided any discussion in order to preserve the
traditional non-involvement of the judiciary in public
discussion of controversial issues. (In re: Query of the MTC
Lawyers of Zamboanga del Norte, A.M. No. 86-11-3690)
(UPLC Suggested Answers)
(b) In his class discussions, Judge Conde named
Cacai’s mother, an MTC judge, as one of the
judges involved in a marriage scam. At that
time, the case against her mother was still
pending. Judge Conde also included in his class
discussion Cacai’s brother whom he referred to
as a “court-noted drug addict.”
A: Judge Conde is guilty of conduct unbecoming of a judge in
using intemperate language and unnecessary comments
tending to project Cacai’s mother as a corrupt and ignorant
judge and her brother as a drug addict (in his class
discussion). While the Code of Judicial Conduct recognizes
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2023 GOLDEN NOTES
the right of judges to freedom of expression, this freedom
should be exercised in a manner that would preserve the
dignity, independence, and respect for themselves and
judiciary as a whole. A magistrate should not descend to the
level of a sharp-tongued, ill-mannered petty tyrant by
uttering harsh words, snide remarks, and sarcastic
comments.
Judge Conde can be held administratively liable even though
his improper comments were made in his class discussions
because ethical conduct is expected of him as a judge not
only in the performance of his judicial duties, but in his
professional and private activities as well. A judge, in order
to promote public confidence in the integrity and
impartiality of the judiciary, must behave with propriety at
all times. A judge’s official life cannot be detached or
separated from their personal existence. Judge Conde also
violated the sub judice rule, which restricts comments and
disclosures pertaining to judicial proceedings in order to
avoid obstructing the administration of justice. At the time
Judge Conde discussed the marriage scam, the case was still
pending. (Tormis v Paredes, A.M. No. RTJ-13- 2366, 04 Feb.
2015) (UPLC Suggested Answers)
Q: Atty. Y, in his Motion for Reconsideration of the
Decision rendered by the NLRC, alleged that there was
connivance of the NLRC Commissioners with Atty. X for
monetary considerations in arriving at the questioned
Decision. He insulted the Commissioners for their
ineptness in appreciating the facts as borne by the
evidence presented.
Atty. X files an administrative complaint against Atty. Y
for using abusive language. Atty. Y posits that as lawyer
for the down- trodden laborers, he is entitled to express
his righteous anger against the Commissioners for
having cheated them; that his allegations in the Motion
for Reconsideration are absolutely privileged; and that
proscription against the use of abusive language does
not cover pleadings filed with the NLRC, as it is not a
court, nor are any of its Commissioners Justice or
Judges. Is Atty. Y administratively liable under the Code
of Professional Responsibility? Explain. (2010 BAR)
A: Atty. Y has clearly violated Canons 8 and 11 of the CPR
and is administratively liable. A lawyer shall not in their
professional dealings, use language, which is abusive,
offense or otherwise improper (Rule 8.01, CPR). A lawyer
shall abstain from scandalous, offensive, or menacing
language or behavior before the courts (Rule 11.03, CPR).
In the case of Johnny Ng v. Atty. Benjamin C. Alar (Adm. Case
No. 7252, 22 Nov. 2006), which involves the same facts, the
Supreme Court held that the argument that the NLRC is not
a court, is unavailing. The lawyers remain a member of the
Bar, an “oath-bound servant of the law, whose first duty is
not to their client but to the administration of justice and
whose conduct ought to be and must be scrupulously
observant of the law and ethics.”
20
 QuAMTO (1987-2022)
The Supreme Court also held that the argument that labor
practitioners are entitled to some latitude of righteous
anger is unavailing. It does not deter the Court from
exercising its supervisory authority over lawyers who
misbehave or fail to live up to that standard expected of
them as members of the bar.
Q: Mercado publicly criticized the Supreme Court for
having rendered what he called an unjust judgment,
even as he ridiculed the members of the Court by direct
insults and vituperative innuendoes. Asked to explain
why he should not be punished for his clearly
contemptuous statements; Atty. Mercado sets up the
defense that his statements were uttered after the
litigation had been finally terminated and that he is
entitled to criticize Judicial actuations. Is Atty.
Mercado's contention tenable? Explain. (1993 BAR)
A: Atty. Mercado’s contention is not tenable. While he is free
to criticize the decision itself, he is not at liberty to call said
judgment an unjust judgment and to ridicule the members
of the court. It is one thing to analyze and criticize the
decision itself, which is proper, and it is another thing to
ridicule the members of the court, which is wrong. The right
of a lawyer to comment on or criticize the decision of a judge
or their actuations is not unlimited. It is the cardinal
condition of all such criticism that it shall be bona fide and
shall not spill over the walls of decency and propriety. A
wide chasm exists between fair criticism, on the one hand,
and abuse and slander of courts and judges on the other. A
publication in or outside the court tending to impede,
obstruct, embarrass, or influence the courts in
administering Justice in a pending suit, or to degrade the
courts, destroy public confidence in them or bring them in
any way into disrepute, whether there is a pending
litigation, transcends the limits of fair comment. Such
publication or intemperate and unfair criticism is a gross
violation of the lawyer’s duty to respect the courts. It is a
misconduct that subjects him to disciplinary action.
CANON 12
(2014, 2013, 2011, 2003 BAR)
Q: May an attorney talk to his witnesses before and
during the trial? Explain. (2014 BAR)
A: He may talk to his witness before the trial, but he shall
refrain from talking to his witness during a break or recess
in the trial, while the witness is still under examination
(Rule 12.05, Code of Professional Responsibility). (UPLC
Suggested Answers)
Q: The Supreme Court issued a resolution in a case
pending before it, requiring the petitioner to file, within
10 days from notice, a reply to the respondent's
comment. Attorney A, representing the petitioner,
failed to file the reply despite the lapse of 30 days from
receipt of the Court’s resolution. The Supreme Court
dismissed the petition for non-compliance with its
resolution. Attorney A timely moved for the
21
reconsideration of the dismissal of the petition,
claiming that his secretary, who was quite new in the
office, failed to remind him of the deadline within which
to file a reply. Resolve Attorney A's motion. (2003 BAR)
A: Attorney A’s motion is not meritorious. He has violated
Rule 12.03 of the CPR which provides that “a lawyer shall
not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without
submitting the same or offering an explanation for his
failure to do so”. His claim that it was the fault of his
secretary is not sufficient. He cannot take refuge behind the
inefficiency of his secretary because the latter is not a
guardian of the lawyer’s responsibilities. (Nidua v. Lazaro,
A.M. No. R-465 MTJ, 29 June 1989)
CANON 13
(2013, 2011, 2010, 2009, 2008, 2001, 2000, 1994 BAR)
Q: Atty. Hermano requested his fraternity brother,
Judge Patron, to introduce him to Judge Apestado,
before whom he has a case that had been pending for
some time. Judge Patron, a close friend of Judge
Apestado, acceded to the request, telling the latter that
Atty. Hermano is his fraternity “brod” and that Atty.
Hermano simply wanted to ask for advice on how to
expedite the resolution of his case. They met, as
arranged, in the fine dining restaurant of a five-star
hotel. Atty. Hermano hosted the dinner. Did Atty.
Hermano, Judge Patron and Judge Apestado commit any
ethical/administrative violation for which they can be
held liable? (2013 BAR)
A: YES, they committed ethical and/or administrative
violations for which they can be held liable. For hosting the
dinner, Atty. Hermano acted in contravention of ethical
standards. A lawyer should refrain from any impropriety
which tends to influence or give the appearance of
influencing the court. (Rule 13.01, Canon 13, CPR) A lawyer
shall not extend extraordinary attention or hospitality to,
nor seek opportunity for cultivating familiarity with Judges.
(Ibid.) Marked attention and unusual hospitality on the part
of a lawyer to a judge, uncalled for by the personal relations
on the parties, subject both the judge and the lawyer to
misconstruction of motive and should be avoided. (Canon
3(2), Canons of Professional Ethics,). Even if the purpose of
the meeting was merely to “ask advice on how to expedite
the resolution of his case,” Atty. Hermano still acted outside
of the bounds of ethical conduct. This is so because a lawyer
deserves rebuke and denunciation for any device or attempt
to gain from a judge a special personal consideration or
favor. (Ibid.)
Both Judge Patron and Judge Apestado may be held liable for
having the dinner meeting with Atty. Hermano. Judges shall
ensure that not only is their conduct above reproach, but
that it is perceived to be so in the view of a reasonable
observer. (Sec. 1, Canon 2, New Code of Conduct for the
Philippine Judiciary)
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Judges shall avoid impropriety and the appearance of
impropriety in all of their activities. (Sec. 1, Canon 4, Ibid.)
Their having dinner with Atty. Hermano, a practicing
lawyer, could be construed as appearance of impropriety.
Judge Patron for having allowed himself to be used as a
“bridge” by Atty. Hermano, his fraternity “brod”, to meet
with Judge Apestado exhibited judicial misconduct in the
following manner: Judges shall refrain from influencing in
any manner the outcome of litigation or dispute pending
before another court. (Sec. 3, Canon 1, Ibid.) Furthermore, in
allowing Atty. Hermano to take advantage of his fraternity
bond, Judge Patron allowed the prestige of judicial office to
advance the private interests of others, conveyed or
permitted his fraternity “brod” to convey the impression
that he is in a special position to influence the judge. (Sec. 4,
Ibid.)
The specific violations of Judge Apestado were committed
when he allowed himself to be convinced by Judge Patron to
have the dinner meeting with Atty. Hermano to discuss how
the case may be expedited. In performing judicial duties,
judges shall be independent form judicial colleagues in
respect of decisions which the judge is obliged to make
independently. (Sec. 2, Ibid.) Finally, in having dinner
meeting with Atty. Hermano who has a pending case with
his sala, Judge Apestado has exhibited an appearance of
impropriety in his activities. (Ibid., Canon 4, Sec 1) (UPLC
Suggested Answers)
Q: Rico, an amiable, sociable lawyer, owns a share in
Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for government
officials and members of the bench.
One day, he had a chance meeting with a judge in the
Intramuros golf course. The two readily got along well
and had since been regularly playing golf together at
the Marina Golf Club. (2010 BAR)
(a) If Atty. Rico does not discuss cases with
members of the bench during parties and golf
games, is he violating the Code of Professional
Responsibility? Explain.
A: YES. A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating
familiarity with judges. (Rule 13.01, CPR) Moreover, they
should refrain from any impropriety which gives the
appearance of influencing the court. (Canon 13, CPR) In
regularly playing golf with judges, Atty. Rico will certainly
raise the suspicion that they discuss cases during the game,
although they actually do not. However, if Rico is known to
be a non-practicing lawyer, there is not much of an ethical
problem.
(b) How about the members of the bench who
grace the parties of Rico, are they violating the
Code of Judicial Conduct? Explain.
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2023 GOLDEN NOTES
A: Members of the bench who grace the parties of Atty. Rico
would be guilty of violating Sec. 3, Canon 4 of the New Code
of Judicial Conduct for the Philippine Judiciary which
provides that “judges shall, in their personal relations with
individual members of the legal profession who practice
regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of
favoritism or partiality”. It has been held that “if a judge is
seen eating and drinking in public places with a lawyer who
has cases pending in his or her sala, public suspicion may be
aroused, thus tending to erode the trust of litigants in the
impartiality of the judge.” (Padilla v. Zantua, A.M. No. MTJ-
93-888, 24 Oct. 1994) But if Atty. Rico is not a practicing
lawyer, such suspicion may not be aroused.
Q: Dumbledore, a noted professor of commercial law,
wrote an article on the subject of letters of credit which
was published in the IBP Journal. (2008 BAR)
a. Assume he devoted a significant portion of the
article to a commentary on how the Supreme
Court should decide a pending case involving
the application of the law on letters of credit.
May he be sanctioned by the Supreme Court?
Explain.
A: Professor Dumbledore may be sanctioned by the
Supreme Court. Rule 13.02 of the CPR provides that “a
lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion
for or against a party. The court in a pending litigation must
be shielded from embarrassment or influence in its duty of
deciding the case. (UPLC Suggested Answers)
b. Assume Dumbledore did not include any
commentary on the case. Assume further after
the Supreme Court decision on the case had
attained finality, he wrote another IBP Journal
article, dissecting the decision and explaining
why the Supreme Court erred in all its
conclusions. May he be sanctioned by the
Supreme Court? Explain.
A: He may not be sanctioned by the Supreme Court. Once a
litigation is concluded, the judge who decided it is subject to
the same criticism as any other public official, because his
decision becomes public property and is thrown open to
public consumption. The lawyer enjoys a wide latitude in
commenting or criticizing the judge’s decision, provided
that such comment or criticism shall be bona fide and not
spill over the bounds of decency and propriety. (UPLC
Suggested Answers)
Q: Atty. J requested Judge K to be a principal sponsor at
the wedding of his son. Atty. J met Judge K a month
before during the IBP- sponsored reception to welcome
Judge K into the community and having learned that
Judge K takes his breakfast at a coffee shop near his
(Judge K's) boarding house, Atty. J made it a point to be
at the coffee shop at about the time that Judge K takes
22
 QuAMTO (1987-2022)
his breakfast. Comment on Atty. J's acts. Do they violate
the Code of Professional Responsibility? (2000 BAR)
A: YES, his actions violated the Canon 13 of the CPR which
provides that “a lawyer shall rely upon the merits of his
cause and refrain from any impropriety which tends to
influence or gives the appearance of influencing the court.”
Rule 13.01 thereof provides that “a lawyer shall not extend
extraordinary attention or hospitality to, nor seek
opportunity for, cultivating familiarity with Judges.” In this
case, Atty. J obviously sought opportunity for cultivating
familiarity with Judge K by being at the coffee shop where
the latter takes his breakfast and is extending extraordinary
attention to the judge by inviting him to be a principal
sponsor at the wedding of his son.
judge is required by the Code of Judicial Conduct not to take
part in any proceeding where their impartiality may be
reasonably questioned. (Rule 3.12, Code of Judicial Conduct)
Among the grounds for mandatory disqualification of the
judge is if any of the lawyers is a relative by consanguinity
or affinity within the fourth degree.
4. TO THE CLIENTS
(2022, 2017, 2016, 2015, 2014, 2013, 2012, 2011,
2010, 2009, 2008, 2007, 2004, 2001, 2000, 1996, 1994,
1993, 1991 BAR)
CANON 14
(2022, 2014, 2013, 2004, 2001, 2000, 1996, 1994,
1993, 1991 BAR)

Q: After a study of the records and deciding that plaintiff

SERVICES REGARDLESS OF A PERSON’S STATUS
was entitled to a favorable judgment, Judge Reyes
(2022, 2014, 2004, 2000, 1996 BAR)
requested Atty. Sta. Ana, counsel for the plaintiff, to
prepare the draft of the decision. Judge Reyes then
The Rendition of free legal service is a lawyer’s: (2014
reviewed the draft prepared by Atty. Sta. Ana and
BAR)
adopted it as his decision for plaintiff. Judge Reyes saw
a. Moral duty
nothing unethical in this procedure as he would ask the
b. Social obligation
other party to do the same if it were the prevailing
c. Legal mandate
party. Please comment on whether Judge Reyes'
approach to decision-writing is ethical and proper.
A: B or A. (UPLC Suggested Answers)
(1994 BAR)
NOTE: Sec. 2, RA 9999 states the declaration of policy of the
A: This procedure of Judge Reyes is unethical because the
Free Legal Assistance Act of 2010: to value the dignity of
judge is duty bound to study the case themselves. He must
every human person and guarantee the rights of every
personally and directly prepare their decisions and not
individual, particularly those who cannot afford the
delegate it to another person especially a lawyer in the case.
services of legal counsel; and to promote a just and dynamic
(Sec. 1, Rule 36, ROC)
social order that will ensure the prosperity and
independence of the nation and free the people from
ALTERNATIVE ANSWER: In the case of Lantoria vs. Bunyi
poverty through policies and programs that provide
(A.M. No. 1769, 08 June 1992), a lawyer was suspended for
adequate social services and improve the quality of life for
preparing drafts of decisions for a judge. The Supreme
all. (UPLC Suggested Answers)
Court held that this violated Canon 13 of the CPR which
provide that “a lawyer shall rely upon the merits of their
Q: You are the counsel for Boni and Klyde, who are
case and refrain from any impropriety which tends to
accused as co-conspirators in a Murder case. During
influence, or gives the appearance of influencing the court.”
arraignment, they both pleaded not guilty. In the
Its Rule 13.01 also provides that “a lawyer should not
course of the trial, Klyde confessed to you that it was
extend extraordinary attention or hospitality to nor seek
actually Boni who committed the Murder and that he
opportunity for cultivating familiarity with the judge.”
merely helped Boni dispose of the body. Klyde tells you
that he wants to plead guilty and directs you to inform
Conversely, therefore, a judge should not ask lawyers of
the prosecution and the judge that he wants to testify
parties to a case before them to draft their decisions. “A
against Boni as a state witness.
judge should so behave at all times as to promote public
confidence in the integrity and impartiality of the judiciary.”
Can you continue to represent Boni, or Klyde, or both?
(Rule 2.01, Code of Judicial Conduct)
Explain briefly. (2022 BAR)

Q: Atty. A is offered professional engagement to appear

A: I can no longer represent Klyde. The reason for my
before Judge B who is A’s relative, compadre and former
disqualification to continue to represent Klyde has to do
office colleague. Is A ethically compelled to refuse the
with his status as a state witness. Assuming that Klyde has
engagement? Why? (2001 BAR)
been able to comply with the requirements of the law in
order to be discharged from criminal prosecution and
A: There is no ethical constraint against a lawyer appearing
become a state witness, then it is the Prosecutor's Office
before a judge who is a relative, compadre or former office
who shall now represent Klyde. As for Boni, I can continue
colleague as long as the lawyer avoids giving the impression
to represent the latter. Jurisprudence holds that as a lawyer
that they can influence the judge. On the other hand, the
sworn to uphold justice and the law, I have the bounden

23 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
duty to exert utmost efforts to defend my client and protect
his rights, no matter how guilty or evil he appears to be. This
duty becomes more compelling if my client is accused of a
grave crime and is in danger of forfeiting his life if he is
convicted. (Central Bar Q&A by Albano, 2023, citing R.A. No.
6981; People vs. Sta. Teresa, G.R. No. 130663, March 20, 2001;
see also: Albano, Remedial Law Reviewer, Volume II, 2022
ed.)
Q: M was criminally charged with violation of a special
law. He tried to engage the service of Atty. N. Atty. N
believed, however, that M is guilty on account of which
he declined. Would it be ethical for Atty. N to decline?
Explain. (2000, 1996 BAR)
A: NO, it would not be ethical for Atty. N to decline. Rule
14.01 of the CPR provides that a lawyer shall not decline to
represent a person solely on account of the latter’s race, sex,
creed or status of life, or because of his/her own opinion
regarding the guilt of said person. It is for the judge, not the
lawyer, to decide the guilt of the accused, who is presumed
to be innocent until their guilt is proved beyond reasonable
doubt by procedure recognized by law.
Q: Atty. DD’s services were engaged by Mr. BB as
defense counsel in a lawsuit. In the course of the
proceedings, Atty. DD discovered that Mr. BB was an
agnostic and a homosexual. By reason thereof, Atty. DD
filed a motion to withdraw as counsel without Mr. BB’s
express consent. Is Atty. DD’s motion legally tenable?
Reason briefly. (2004 BAR)
A: NO. Atty. DD’s motion is not legally tenable. He has no
valid cause to terminate his services. His client, Mr. BB,
being an agnostic and homosexual, should not be deprived
of his counsel’s representation solely for that reason. A
lawyer shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of life, or
because of their own opinion regarding the guilt of said
person. (Rule 14.01, Canon 14, CPR)
SERVICES AS COUNSEL DE OFFICIO
(1996, 1994, 1993, 1991 BAR)
Q: In a homicide case, Atty. M was appointed by the
Court as counsel de officio for F, the accused. After trial,
F was acquitted. Atty. M sent F a bill for attorney’s fees.
(1996 BAR)
(a) Can F be compelled to pay? Explain.
A: NO. F may not be compelled to pay attorney’s fees. A
counsel de officio is a lawyer appointed to render
professional services in favor of an indigent client. In the
absence of a law allowing compensation, he cannot charge
the indigent litigant for his professional services. One of the
obligations which the lawyer assumed when they took
their oath as a lawyer is to render free legal services when
required by the law to do so. The ROC provides a token
compensation for an attorney de officio to be paid by the
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
State.
(b) Can F employ a counsel de parte to collaborate
with Atty. M, his counsel de officio? Explain.
A: He may do so, but if he can afford to employ a counsel de
parte, then he is no longer indigent and will not need a
counsel de officio. The latter can withdraw as his counsel if
he chooses to.
Q: Atty. Aguirre, as counsel de officio for Boy
Batongbakal, was able to win an acquittal for Boy who
was charged with robbery in band. A year later, Atty.
Aguirre discovered that Boy in fact had a lot of money
which he had been bragging was part of the loot in the
crime for which he was acquitted. Knowing that Boy
could no longer be prosecuted on the ground of double
jeopardy, Atty. Aguirre sent him a bill for his services
as his counsel de officio. Please give your reasoned
comments on the ethical considerations involved, if
any, in the above case. (1994 BAR)
A: A counsel de officio is a lawyer appointed by the court to
defend an indigent defendant in a criminal case. The lawyer
designated as counsel de officio cannot charge the indigent
litigant for their professional services. In a sense, there is
no contract for legal services between them and the
defendant. In the absence of an express or implied contract,
there is no obligation to compensate. Suing his client for
attorney’s fees might also involve a violation of the
confidential nature of a lawyer-client relationship.
Q: Atty. Vidal, a semi-retired Metro Manila law
practitioner, has a cattle ranch in the remote
municipality of Caranglan, Neuva Ecija. He attends to
his law office in Manila on Mondays, Tuesdays and
Wednesdays, and spends the rest of the week in his
cattle ranch riding horses and castrating bulls. In a
criminal case pending before the Municipal Trial Court
of Caranglan, the only other licensed member of the Bar
is representing the private complainant. The accused is
a detention prisoner. The judge wants to expedite
proceedings. (1993 BAR)
(a) What must the judge do to expedite
proceedings?
A: The judge may appoint Atty. Vidal as counsel de officio in
order to expedite the proceedings. This is especially
because the accused is a detention prisoner who is
presumed to be indigent and cannot retain a paid counsel.
(b) If Attorney Vidal is appointed to act as counsel
de oficio for the accused, could he refuse by
saying that in the province, he does not want to
do anything except ride horses and castrate
bulls? Explain.
24
 QuAMTO (1987-2022)
A: Atty. Vidal cannot validly refuse the appointment as
counsel de officio. While it is true that he stays in the
province to rest during the latter part of the week as lawyer
he must comply with his oath to assist in the
administration of justice. Precisely one of the objectives of
the Integrated Bar is to compel all lawyers in the active
practice of law to comply with their obligation to assist the
courts in the administration of justice.
Q: May a lawyer decline an appointment by the court as
counsel de officio for an accused because he believes,
and is fully convinced that the accused is guilty of the
crime charged? (1991 BAR)
A: A lawyer may not decline an appointment as counsel de
officio even if they are convinced that the accused is guilty. It is
their obligation to at least protect their rights. They might even
have them acquitted or at least reduce their penalty depending
on the evidence presented during the trial.
VALID GROUNDS FOR REFUSAL TO SERVE
(2014, 2001 BAR)
Q: When may refusal of a counsel to act as counsel de
officio be justified on grounds aside from reasons of
health, extensive travel abroad, or similar reasons of
urgency? Support your answer. (2001 BAR)
A: Other justified grounds for refusal to act as counsel de
officio are:
a. Too many de officio cases assigned to the lawyer
(People v. Daeng, G.R. No. L-34091, 30 Jan. 1973);
b. Conflict of interest (Rule 14.03, CPR);
c. Lawyer is not in a position to carry out the work
effectively or competently (supra);
d. Lawyer is prohibited from practicing law by reason of
their public office which prohibits appearances in
court; and
e. Lawyer is preoccupied with too many cases which will
spell prejudice to the new clients.
Q: A is accused of robbery in a complaint filed by B. A
sought free legal assistance from the Public Attorney’s
Office (PAO) and Atty. C was assigned to handle his case.
After reviewing the facts as stated in the complaint and
as narrated by A, Atty. C is convinced that A is guilty.
(2014 BAR)
(a) May Atty. C refuse to handle the defense of A
and ask to be relieved? Explain fully.
A: Rule 14.01 of the CPR provides that “a lawyer shall not
decline to represent a person solely on account of their own
opinion regarding the guilt of the said person.” It is not the
duty of a lawyer to determine whether the accused is guilty
or not, but the Judge’s. Besides, in a criminal case, the
accused is presumed innocent, and they are entitled to an
acquittal unless their guilt is proven beyond reasonable
doubt. The role of the lawyer is to see to it that his
25
constitutional right to due process is observed.
(b) In problem (a), if the lawyer is counsel de parte
for the accused and he learns later after
accepting the case and while trial is ongoing
that his client was indeed the perpetrator of the
crime, may the lawyer withdraw their
appearance from the case? Why or why not?
A: No, he cannot. A counsel can withdraw his services only
for good cause and upon notice appropriate to the
circumstances under Canon 22 of the Code of Professional
Responsibility. This is not one of the grounds to justify
withdrawal under Rule 22.01 of the CPR unless the client
insists that the lawyer pursues conduct violative of the
canons and rules. In Rule 14.01, CPR, a lawyer shall not
decline to represent a client because of his own opinion
regarding the guilt of said person.
CANON 15
(2020-21, 2019, 2018, 2017, 2016, 2015, 2014, 2013,
2012, 2011, 2009, 2008, 2006, 2005, 2003, 1999, 1997,
1995, 1993, 1992 BAR)
Q: TRUE or FALSE. It is ethical for a lawyer to advise his
client to enter a plea of guilty in a criminal case if the
lawyer is personally convinced that he cannot win the
case for his client. (2009 BAR)
A: TRUE. A lawyer should be candid with a client. But he
should leave it up to the client to decide whether to plead
guilty or not. (UPLC Suggested Answers)
Q: TRUE or FALSE. There is no presumption of
innocence or improbability of wrongdoing in an
attorney’s favor when he deals with his client
concurrently as lawyer and as businessman. (2009
BAR)
A: TRUE. The Court in Nakpil v. Valdes (288 SCRA 758
[1998]) provided that since business transactions between
an attorney and his client are disfavored and discouraged
by the policy of the law, there is no presumption of
innocence or improbability of wrongdoing in an attorney’s
favor. (UPLC Suggested Answers)
Q: TRUE or FALSE. A lawyer cannot refuse to divulge the
name or identity of his client. (2009 BAR)
A: FALSE. As a general rule, a client’s name is not
confidential, but there are exceptions enumerated in Regala
v. Sandiganbayan (262 SCRA 122 [1996]), to wit:
1. Where a strong possibility exists that a revealing a
client’s name would implicate that client in the
very activity for which he sought the lawyer’s
advice;
2. Where disclosure would open the client to civil
liability; and
U N IV E R S I T Y O F S A N T O T O M A S
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
3. Where the government’s lawyers have no case
against an attorney’s client unless by revealing the
client’s name, the said name would furnish the only
link that would form the chain of testimony
necessary to convict an individual of a crime. (UPLC
Suggested Answers)
PRIVILEGED COMMUNICATIONS
(2020-21, 2019, 2017, 2015 BAR)
Q: While attending a wedding, a lawyer got to dance
with and talk to another guest who ended up sharing
details of their marital problems. When asked by the
guest, the lawyer explained the distinctions among
legal separation, annulment, declaration of nullity, and
divorce. The lawyer went on to not only extend advice,
but even map out a strategy on how the guest's marital
woes could be addressed. At the end of the
conversation, the lawyer and the guest agreed to meet
at a later time to continue their discussion. After the
dance, the lawyer returned to their seat and shared
with their best friend the guest's marital problems.
Did the lawyer breach attorney-client privilege?
Explain briefly. (2020-21 BAR)
A: YES, the lawyer breached attorney-client privilege.
Under the Code of Professional Conduct, a lawyer is
required to preserve the confidence and secrets of his client.
(Canon 21, Rule 21.06) Furthermore, a lawyer shall be
bound by the rule on privileged communication in respect
of matters disclosed to him by a prospective client. (Canon
15, Rule 15.02) A lawyer-client relationship was established
from the very first moment complainant asked respondent
for legal advice regarding marital problems. To constitute
professional employment, it is not essential that the client
employed the attorney professionally on any previous
occasion. It is not necessary that any retainer be paid
promised, or charged; neither is it material that the attorney
consulted did not afterward handle the case for which his
service had been sought. (Hilad v. David, 21 Sept. 1999)
In this case, since there was an attorney-client relationship
established when the lawyer and the guest talked about the
marital problems while they were dancing during the
wedding, it followed that the lawyer was required to follow
the Code of Professional Conduct. Since he failed to do so,
there was a breach of the attorney-client privilege. (UPLC
Suggested Answers)
Q: What are the factors to establish the existence of
attorney-client privilege? (2017 BAR)
A: In Hadjula v. Madianda (A.C. No. 6711, 03 July 2007), the
Supreme Court cited Wigmore on the factors essential to
establish the attorney-client privilege as follows:
1. Where legal advise of any kind is sought;
2. from a professional legal adviser in his capacity as
such,
3. the communication relating to that purpose;
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
4. made in confidence;
5. by the client;
6. are at his instance permanently protected;
7. from disclosure by himself or by the legal advisor;
8. except the protection be waived.
Q: Mr. L sought legal advice from his lawyer, Atty. M,
regarding the possibility of annulling his marriage.
During their conversation, Mr. L mentioned that he
would be able to immediately pay Atty. M's legal fees
because he received a huge kickback from a favored
supplier in relation to his work as a member of his
Municipality's Bids and Awards Committee. (2019 BAR)
(a) Is the communication made by Mr. L to Atty. M
regarding the kickback he received presumed
to be confidential? Explain.
A: YES, the communication made by Mr. L to Atty. M
regarding the kickback is presumed confidential because it
was made on account of the prospective lawyer-client
relationship. Matters disclosed by a prospective client to a
lawyer are protected by the rule on privileged
communication in order for the prospective client to feel
free to discuss whatever he wishes with the lawyer without
fear that what he tells the lawyer will be divulged or used
against him, and for the lawyer to be equally free to obtain
information from the prospective client.
(b) What is the duty of a lawyer when, during his
representation, he discovers that his client
committed fraud upon a person or a tribunal?
A: When the lawyer discovers that his client committed
fraud upon a person or tribunal, the lawyer must still keep
such information confidential. Since the information was
discovered at a time when there.was an existing client-
lawyer relationship, all information discovered or disclosed
during such time is considered privileged communication.
The lawyer cannot divulge the information since he is
expected to act with candor, fairness, and loyalty in all his
dealings with his clients. (Rule 21.01, Canon 21, CPR)
Q:
a) Pedro Tigas, a known toughie, asked Atty. Chloe
to meet with him in the Jollibee Restaurant in
Harrison Plaza because he wanted to seek her
legal advice on an important matter. Atty. Chloe
had once before been consulted by Pedro Tigas,
who had then paid her well. When they met in
Jollibee Restaurant, he confided his planned
assassination of Pepeng Taga, his rival for
control of the neighborhood in San Adres
Bukid, Manila. He wanted her to represent him
should he be apprehended for the
assassination. Atty. Chloe did not agree, and he
left the restaurant in a hurry before Pedro Tigas
could utter anything more. A few days
afterwards, Pepeng Taga was killed near his
house in San Andres Bukid, Manila. The police
26
 QuAMTO (1987-2022)
follow-up team arrested Pedro Tigas on the
basis of testimony by at least two residents that
they heard him saying two days before the
killing that Pepeng Taga would not live beyond
48 hours. Should Atty. Chloe reveal to the police
investigator what Pedro Tigas had stated to her
at the Jollibee Restaurant without violating the
confidence of the latter as a client? Explain your
answer. (2017 BAR)
A: YES, Atty. Chloe has an obligation to disclose what Pedro
Tigas had stated to her without violating the lawyer-client
confidentiality rule. The general rule is that protection of
the attorney-client privilege has reference to
communications which are legitimately and properly
within the scope of a lawful employment, and does not
extend to those made in contemplation of a crime or
perpetuation of a fraud. There is privileged communication
only as to crimes already committed before its
communication to the lawyer. It is the civic duty of Atty.
Chloe to disclose to the police authorities the intent of Pedro
Tigas to assassinate Pepeng Taga. The lawyer-client
relationship does not prevent her from disclosing
information because it refers to an illegal act. [Canon 17,
Code of Professional Responsibility which provides that “a
lawyer owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence resposed in him,”
qualified by the ruling in People v. Sandiganbayan, G.R. NO.
115439-41. July 16, 1997, which provided the doctrine that
intent to commit future crimes is not included within the
attorney-client privilege.]
b) Assuming that the meeting between Pedro
Tigas and Atty. Chloe in Jollibee Restaurant
occurred after the killing of Pepeng Taga, and in
that meeting Pedro Tigas expressly admitted to
Atty. Chloe, in strict confidence as his lawyer,
that he had shot Pepeng Taga. Is Atty. Chloe
ethically bound to reveal the admission of
Pedro Tigas to the police investigator what
Pedro Tigas had stated to her at the Jollibee
Restaurant? Explain your answer. (2017 BAR)
A: NO. Atty. Chloe is not ethically bound to reveal the
admission of Pedro Tigas to the police investigator. The
lawyer-client privilege extends to revelations of crimes
already committed. The law in fact encourages a client to
make a full disclosure of the circumstances relating to the
crime for which they are or may be charged. Rule 15.02 of
the CPR provides that a lawyer shall be bound by the rule on
privilege communication in respect of all matters disclosed
to them by a prospective client. (UPLC Suggested Answers)
Q: Maria and Atty. Evangeline met each other and
became good friends at zumba class. One day, Maria
approached Atty. Evangeline for legal advice. It turned
out that Maria, a nurse, previously worked in the
Middle East. So, she could more easily leave for work
abroad, she declared in all her documents that she was
still single. However, Maria was already married with
27
two children. Maria again had plans to apply for work
abroad but this time, wished to have all her papers in
order. Atty. Evangeline, claiming that she was already
overloaded with other cases, referred Maria’s case to
another lawyer. Maria found it appalling that after Atty.
Evangeline had learned of her secrets, the latter refused
to handle her case.
Maria’s friendship with Atty. Evangeline permanently
turned sour after Maria filed an administrative case
against the latter for failing to return borrowed jewelry.
Atty. Evangeline, on the other hand, threatened to
charge Maria with a criminal case for falsification of
public documents, based on the disclosures Maria had
earlier made to Atty. Evangeline.
Was the consultation of Maria with Atty. Evangeline
considered privilege? (2015 BAR)
A: The consultation of Maria with Atty. Evangeline is
considered privileged. The moment the complainant
approached the then receptive respondent to seek legal
advice, a veritable lawyer-client relationship evolved
between the two. Such relationship imposes upon the
lawyer certain restrictions circumscribed by the ethics of
the profession. Among the burdens of the relationship is
that which enjoins the lawyer to keep inviolate confidential
information acquired or revealed during legal
consultations. The fact that one is, at the end of the day not
inclined to handle the client’s case is hardly of consequence.
Of little moment too, is the fact that no formal professional
engagement follows consultation. Nor will it make any
difference, that no contract whatsoever was executed by the
parties to memorialize the relationship. (Hadjula v.
Madianda, A.C. No. 6711, 03 July 2007) (UPLC Suggested
Answers)
Q: In the course of a drinking spree with Atty. Holgado
who has always been his counsel in business deals,
Simon bragged about his recent sexual adventures with
socialites known for their expensive tastes. When Atty.
Holgado asked Simon how he manages to finance his
escapades, the latter answered that he has been using
the bank deposits of rich clients of Banco Filipino
where he works as manager. Is Simon’s revelation to
Atty. Holgado covered by the Attorney-client privilege?
(2006 BAR)
A: Simon’s revelation to Atty. Holgado is not covered by the
lawyer-client privilege. In the first place, it was not made on
account of a lawyer-client relationship, that is, it was not
made for the purpose of seeking legal advice. In the second
place, it was not made in confidence. (Mercado v. Vitriolo,
A.C. NO. 5108, 26 May 2005) In the third place, the attorney-
client privilege does not cover information concerning a
crime or a fraud being committed or proposed to be
committed.
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
Q: A, who is charged in Court with estafa for
misappropriating funds entrusted to him by B,
consulted Atty. C about the case with the intention of
engaging his services as defense counsel. Because A
could not afford to pay the fee that Atty. C was charging
him, A engaged the services of another counsel, Atty. D.
At the trial of the case for the estafa against A, the
prosecutor announced in open court that his next
witness was Atty. C, whom he was calling to the witness
stand. Counsel for A, Atty. D, vigorously opposed the
prosecutor’s move on the ground Atty. C may not be
called as witness for the prosecution as he might
disclose a would-be client’s confidence and secret.
Asked by the presiding Judge what would be the nature
of Atty. C’s testimony, the prosecutor said it has
something to do with how A obtained from B the funds
that the latter received from the former but failed to
account for. Thereupon, Atty. A vigorously opposed the
prosecutor’s motion. If you were the Judge, how would
you rule on the matter? (1999 BAR)
A: If I were the judge, I will not allow Atty. C to take the
witness stand. When A consulted Atty. C about his case, a
lawyer-client relationship was established between them. It
does not matter that A did not eventually engage his
services because of his fees; such relationship has already
been created. (Hilado v. David, G.R. No. L-961, 21 Sept. 1949)
A lawyer shall be bound by the rule on privileged
communication with respect to matters disclosed to them
by a prospective client. (Rule 15.02, CPR) The rule on
privileged communication provides that an attorney
cannot, without the consent of their client, be examined as
to any communication made by the client to him. (Sec. 21(b),
Rule 130, ROC) The prosecutor has announced that Atty. C
will be asked about how A obtained from B the funds that
he failed to account for. Atty. C’s knowledge of such matter
could have come only from A.
CONFLICT OF INTEREST
(2018, 2017, 2016, 2015, 2014, 2009, 2006, 2005,
2003, 1999, 1997, 1995, 1993, 1992 BAR)
Q: What are the three (3) tests to determine conflict of
interest for practicing lawyers? Explain each briefly.
(2009 BAR)
A:
1. When in representation of one client, a lawyer is
required to fight for an issue or claim, but is also
duty bound to oppose it for another client;
2. When the acceptance of the new retainer will
require an attorney to perform an act that may
injuriously affect the first client or when called
upon in a new relation to use against the first client
any knowledge acquired through their professional
connection;
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
3. When the acceptance of a new relation would
prevent the full discharge of an attorney’s duty to
give undivided fidelity and loyalty to the client or
would invite suspicion of unfaithfulness or double-
dealing in the performance of that duty
(Northwestern University v. Arquillo, 415 SCRA 513,
2005).
Q: Eva consulted Atty. Doble Kara, a well-known solo
practitioner, to represent her as a probable heir to the
huge estate of her late lamented grandaunt who died
without issue. After Atty. Doble Kara perused the
documents relevant to the estate presented by Eva, he
told Eva that he could not be of help to her. A few days
later, Eva learned that Atty. Doble Kara had just
initiated intestate proceedings involving the same
estate in the RTC, and the petitioner seeking
appointment as administratrix was Mely, Eva’s hostile
cousin and co-heir to the estate. Eva moved to
immediately disqualify Atty. Doble Kara from
representing Mely on the ground of conflict of interest,
but Atty. Doble Kara explained to the estate court that
there was no conflict of interest because he had no
lawyer-client relationship with Eva. He further
indicated that Eva had not also paid him any retainer
fee. Given his explanations to the estate court, may Atty.
Doble Kara ethically represent Mely? (2017 BAR)
A: NO, Atty. Doble Kara may not ethically represent Mely
because there would be a conflict of interest. A lawyer-
client relationship between Atty. Doble Kara and Eva was
created when the latter consulted the former on the matter
of the estate of her late grand-aunt, gave him documents to
study, and the lawyer gave her advice after such study. It
does not matter that the lawyer refused to represent her or
that he was not paid a retainer fee. As held by the Supreme
Court, if a person consults a lawyer in respect to his
business of any kind, with a view to obtaining his
professional advice or assistances, and the voluntarily
permits or acquiesces to such consultation, a lawyer-client
relationship is established.
NOTE: Canon 15, Code of Professional Responsibility which
provides that “a lawyer shall observe candor, fairness and
loyalty in all his dealings and transactions with his clients.
The Court in Hilado v. David (G.R. No. L-961, 21 Sept. 1949)
ruled on the doctrine that formality is not an essential
element in establishing a lawyer-client relationship so long
as a lawyer’s advice and assistance is sought and received
in matters pertaining to his profession. (UPLC Suggested
Answers)
Q: Jon served as the CEO of PBB Cars, Inc. (PBB), a
family-owned corporation engaged in the buying and
selling of second-hand cars. Atty. Teresa renders legal
services to PBB on a retainer basis. In 2010, Jon
engaged Atty. Teresa's services for a personal case.
Atty. Teresa represented Jon in a BP 22 case filed
against him by the spouses Yuki. Jon paid a separate
legal fee for Atty. Teresa's services. Jon subsequently
28
 QuAMTO (1987-2022)
resigned as CEO of PBB in 2011. In 2012, Atty. Teresa
filed on behalf of PBB a complaint for replevin and
damages against Jon to recover the car PBB had
assigned to him as a service vehicle. Atty. Teresa,
however, had not yet withdrawn as Jon's counsel of
record in the BP 22 case, which was still then pending.
Jon filed an administrative case for disbarment against
Atty. Teresa for representing conflicting interests and
violating the Code of Professional Responsibility. Atty.
Teresa countered that since the BP 22 case and the
replevin case are unrelated and involved different
issues, parties, and subject matters, there was no
conflict of interest and she acted within the bounds of
legal ethics. Is Atty. Teresa's contention tenable?
Explain. (2015 BAR)
A: The Supreme Court has adopted the following tests for
determining conflict of interest:
1. Whether a lawyer is duty bound to fight for an issue
or claim in behalf of one client, and at the same
time, to oppose that claim for another client;
2. Whether the acceptance of a new relation would
prevent the full discharge of his duty of undivided
loyalty to his client;
3. Whether the acceptance of a new relation would
invite suspicion of unfaithfulness or double-dealing
in the performance of his duty of fidelity and
loyalty; and
4. Whether in the acceptance of the new relation, he
would be called upon to injure his former client on
a matter that he has handled for him, or require
him to reveal information that his former client has
given to him.
Although the case for replevin filed by Atty. Teresa against
Jon is different from the BP 22 case she was handling for
him, the pendency of the two cases at the same time is likely
to invite suspicion of unfaithfulness or double-dealing in the
performance of her duty and fidelity to Jon. Teresa’s
contention is, therefore, not tenable.
Q: In a complaint for disbarment, Connie alleged that
she engaged the services of Atty. Cesar Corpuz in the
preparation and execution in her favor of a Deed of Sale
over a parcel of land from her common-law husband.
Subsequently, Atty. Corpuz filed a civil case on behalf of
Constancia, the legal wife of Connie’s common-law
husband, for the annulment of the Deed of Sale,
impleading Connie as defendant.
In his defense, Atty. Corpuz asserted that, with the
permission of Constancia, he wrote a letter to Connie
informing the latter of Constancia’s adverse claim and
urging her to settle the same, but Connie ignored his
letter. He also said that Connie did not object to his
handling of the case on behalf of Constancia; and
29
therefore, he felt free to file the complaint against her.
Is Atty. Corpuz guilty of misconduct for representing
conflicting interests? (2018 BAR)
A: Canon 15, Rule 15.03, of the CPR provides that a lawyer
shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the
facts. Atty. Corpuz was clearly guilty of misconduct for
representing conflicting interests. Not only did Atty. Corpuz
agree to represent one client against another client in the
same action; he also accepted a new engagement that
required him to oppose the interest of his other client in a
property in which his legal service had been previously
retained. Atty. Corpuz did not qualify for the exception
under Canon 15. He did not make a full disclosure of facts to
Connie and Constancia before he accepted the new
engagement from Constancia. He failed to obtain the
written consent of his two clients as required under Canon
15. (Josefina M. Aniñon v. Atty. Clemencio Sabitsana, Jr., A.C.
No. 5098, 11 Apr. 2012) (UPLC Suggested Answers)
Q: St. Ivan’s Hospital, Inc. (St. Ivan’s) and allied
Construction Co. (Allied) separately retained the legal
services of Tomas and Benedicto Law Offices. St. Ivan’s
engaged the service of Allied for the construction of a
new building but failed to pay the contract price after
the completion of the works. A complaint for sum of
money was filed by Atty. Budoy, a former associate of
Tomas and Benedicto Law Offices, on behalf of Allied
against St. Ivan’s. St. Ivans lost the case and was held
liable to Allied.
Thereafter, St. Ivan’s filed a disbarment complaint
against Atty. Budoy. It claimed that while Atty. Budoy
has established his own law office, an arrangement was
made whereby Tomas and Benedicto Law Offices assign
cases for him to handle, and that it can be assumed that
Tomas and Benedicto Law Offices collaborate with Atty.
Budo in the cases referred to him, creating a conflict of
interest. Rule on the complaint with reasons. (2016
BAR)
A: I will rule in favor of St. Ivan’s and against Atty. Budoy. St.
Ivan’s was a client of Tomas and Benedicto Law Offices, of
which Atty. Budoy was an associate attorney. As such, St.
Ivan’s was also his client, because of the principle that when
a party hires a law firm, he hires all the lawyers therein.
Moreover, Atty. Budoy was able to know the information
transmitted by St. Ivan’s to the firm. “There is conflict of
interest if the acceptance of a new retainer will require the
lawyer to perform an act which will injuriously affect their
new client in any matter in which they represent them, and
also whether they will be called upon in their new relation
to use against their first client any knowledge acquired
during their relation.” (Hornilla v. Salunat, A.C. No. 5804, 01
July 2003)
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
“As such, a lawyer is prohibited from representing new
clients whose interests oppose those of a former client in
any manner, whether they are parties in the same action or
on totally unrelated cases. The prohibition is founded on the
principles of public policy and good taste.” (Anglo v. Atty.
Valencia, A.C. No. 10567, 25 Feb. 2015)
Q: R is a retained counsel of ABC Bank- Ermita Branch.
One day, his balik bayan compadre, B, consulted him
about his unclaimed deposits with the said branch of
ABC Bank, which the bank had refused to give to him
claiming that the account had become dormant. R
agreed to file a case against the bank with the Regional
Trial Court (RTC) of Manila. B lost the case, but upon
the advice of R, he no longer appealed the decision. B
later discovered that R was the retained counsel of ABC
Bank-Ermita Branch. Does B have any remedy? Discuss
the legal and ethical implications of the problem.
(2014 BAR)
A: Atty. R clearly violated the rule against representing
conflicting interests. (Rule 15.03, CPR) B may file an action
to set aside the judgment on the theory that if a lawyer is
disqualified from appearing as counsel for a party on
account of conflict of interests, he is presumed to have
impropriety and prejudicially advised and represented the
party in the conduct of the litigation from beginning to end.
He may also file an action for damages against Atty. R, aside
from an administrative complaint due to his misconduct.
He was prejudiced by the adverse decision against him,
which he no longer appealed upon the advice of Atty. R.
Q: Explain your understanding of “Conflict of Interests”
under the Code of professional Responsibility. (2009,
1997, 1993 BAR)
A: A lawyer is prohibited from representing conflicting
interests. There is conflict of interests within the context of
the rule when, on behalf of client, it is the lawyer’s duty to
contend for that which his duty to another client requires
him to oppose. Another test is whether the acceptance of a
new lawyer-client relation will prevent a lawyer from
discharging fully his duty of undivided fidelity and loyalty to
another client or invite suspicion of unfaithfulness or
double-dealing in the performance thereof.
It is improper for a lawyer to appear as counsel for one party
against his present client even in a totally unrelated case.
With regard to former client, the traditional rule is to
distinguish between related and unrelated cases. A lawyer
may not represent a subsequent client against former client
in a controversy that is related, directly or indirectly, to the
subject matter of the previous litigation in which he
appeared for the former client, otherwise, he may. However,
in the case of Rosacia vs. Atty. B. Bulalacao (A.C. No. 3745, 02
Oct. 1995), the Supreme Court ruled that a lawyer may not
accept a case against a former client, even on an unrelated
matter.
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
The Court reiterates that an attorney owes loyalty to his
client not in the case in which he has represented him but
also after the relation of attorney and client has terminated
as it is not good practice to permit afterwards to defend in
another case other person against his former client under
the pretext that the other case. It behooves respondent not
only to keep inviolate the client’s confidence but also to
avoid the appearance of treachery and double-dealing for
only then can litigants be encouraged to entrust their
secrets to their attorneys which is of paramount importance
in the administration of justice.
Q: Atty. Juan Cruz, a practicing lawyer, was employed
by Pilipinas Bank as its bank attorney and notary
public in three of its branches in Manila. While thus
employed, Maria del Rio, who was unaware of Atty.
Cruz’s employment in the bank, engaged Atty. Cruz’s
services as a lawyer in a case that was filed by Pilipinas
Bank for collection of sums of money involving one of
its branches in Quezon City which Atty. Cruz accepted.
The Quezon City Regional Trial Court, after due
proceeding and hearing, rendered judgment in favor of
Pilipinas Bank and against Maria del Rio who wanted
to appeal the adverse judgment. But upon advice of
Atty. Cruz, the adverse judgment was not appealed.
Thereafter, Maria del Rio learned Atty. Cruz was
employed by Pilipinas Bank as one of its attorneys. She
now consults with you and asks you to take legal steps
against Atty. Cruz for his apparent misconduct. What
do you think of what Atty. Cruz did? Is there a valid and
legal basis to discipline him? (2006, 1999 BAR)
A: In agreeing to represent Maria del Rio in a case which
Pilipinas Bank filed against her, Atty. Cruz violated the rule
against representing conflicting interests. Rule 15.03 of the
CPR provides that “a lawyer shall not represent conflicting
interests except by written consent of all concerned after a
full disclosure of the facts.”
It is improper for a lawyer to appear as counsel for a person
whose interest conflicts with that of their present or former
client, even in an unrelated case. (PNB v. Cedo, A.C. No. 3701,
28 Mar. 1995) It does not matter that the Pilipinas Bank
branch in Quezon City is not one of the branches he services
in Manila. The bank itself is his client. This constitutes
malpractice for which Atty. Cruz can be disciplined.
Q: Atty. Japzon, a former partner of XXX law firm, is
representing Kapuso Corporation in a civil case against
Kapamilya Corporation whose legal counsel is XXX law
firm. Atty. Japzon claims that she never handled the
case of Kapamilya Corporation when she was still with
XXX law firm. Is there a conflict of interests? Explain.
(2005 BAR)
A: There is a conflict of interests when a lawyer represents
inconsistent interests. This rule covers not only cases in
which confidential communications have been confided, but
also those in which no confidence has been bestowed or will
be used. Also, there is conflict of interests if the new retainer
30
 QuAMTO (1987-2022)
will require the attorney to perform an act which will
injuriously affect his first client in any matter in which he
represents him and also whether he will be called upon in
his new relation to use against his first client any knowledge
acquired through their connection. (Santos vs. Beltran, A.C.
No. 5858, 11 Dec.2003) Since Atty. Japzon was a partner of
the XXX law firm which has Kapamilya Corporation as its
client, she cannot handle a case against it as such will
involve conflict of interests.
The employment of a law firm is equivalent to the retainer
of the members thereof. It does not matter if Atty. Japzon
never handled a case of the Kapamilya Corporation when
she was still with the XXX law firm.
Q: You are the counsel for the estate of a deceased
person. Your wife is a practicing Certified Public
Accountant. She was asked by her client to prepare and
submit an itemized claim against the estate you are
representing. She asks for your advice on the legal
propriety of her client’s claim. What advice would you
give her? Explain. (2003 BAR)
A: I would advise her that it will be improper for her to
handle her client’s claim against the estate. As a counsel for
the estate, it is my duty to preserve the estate. Her client’s
claim seeks to reduce the said estate. If she will handle such
claim, I can be suspected of representing conflicting
interests. The interests of the estate and of its creditors are
adverse to each other. (Nakpil v. Valdez, A.C. No. 2040, 04
Mar. 1998) Even if she is a different person, the fact that she
is my wife will still give rise to the impression that we are
acting as one.
Q: Mrs. F, a young matron, was referred to you for legal
advice by your good friend in connection with the
matron’s jewelry business. She related to you the facts
regarding a sale on consignment of pieces of jewelry to
someone she did not name or identify. Since she was
referred to you by a close friend, you did not bill her for
the consultation. Neither did she offer to compensate
you. Six months later, Mrs. G, the wife of the general
manager of a client company of your law firm, asked you
to defend her in a criminal case for estafa filed by Mrs.
F. Would you agree to handle her case? (1997 BAR)
A: First, I will inquire if the case for estafa filed by Mrs. F
against the wife of the general manager is the same matter
concerning which Mrs. F consulted me six months before. If
it is a same matter, I will not be able to handle the case for
the general manager’s wife, because of a conflict of
interests. When Mrs. F consulted me and I give her
professional advice, a lawyer-client relationship was
created between us, although I was not compensated for it.
It will involve a conflict of interests if I handle the case for
the opposite party on the same matter. (Hilado v. David, G.R.
No. L-961, 21 Sept. 1949)
31
Q: You are the lawyer of Mr. H, the plaintiff, in a civil
case for rescission of contract. The prospects for an
amicable settlement look bright. Impressed by your
ability, Mr. I, the defendant, would like very much to
retain you as his defense counsel in a criminal case for
homicide through reckless imprudence. Mr. I wants you
to forthwith enter your appearance, the arraignment
already having been scheduled. Would you accept the
offer? (1997 BAR)
A: It depends. If the criminal case for homicide through
reckless imprudence is against Mr. H, I cannot accept the
same for that will involve a conflict of interest, although it
is an unrelated case.
But if it will not involve Mr. H, I can accept the same.
However, to avoid suspicion and misunderstanding, it
would be better if I inform Mr. H about the offer and secure
his conformity to my handling the same. It is
unprofessional for a lawyer to represent conflicting
interests, except by express consent of all concerned given
after full disclosure of the fact. (Canon 6, CPR.) A lawyer
cannot accept a case against a present client either in the
same case or in a totally unrelated case.
Q: Winnie retained the services of Atty. Derecho to file a
collection case against Carmen. Winnie paid Atty.
Derecho a sizeable retainer’s fee which the latter
accepted. Later, in the process of determining the
amount of debt to be collected from Carmen, Atty.
Derecho noticed that of the total claim of 8.5 million,
certain invoices covering 3.5 million appeared to be
irregular. Winnie while admitting the irregularity
assures her lawyer that there would be no problem as
Carmen was by nature negligent in keeping her records
and would not notice the mistakes anyway. Atty.
Derecho tried to convince Winnie to exclude the
amount of 3.5 million but Winnie refused. As a
consequence, Atty. Derecho terminated their
relationship and withdrew from the case. Was Atty.
Derecho right in terminating their relationship and
withdrawing from the case? How about the fact that he
had already accepted a sizeable retainer’s fee from his
client? Discuss fully. (1995 BAR)
A: Atty. Derecho was right in terminating the lawyer-client
relationship and withdrawing from the case. Rule 22.01 of
the CPR provides that “a lawyer may withdraw his services
when the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling, or
when the client insists that the lawyer pursue conduct
violative of the canons and rules.” Rule 15.07 provides that
“A lawyer shall impress upon his client compliance with the
laws and the principles of fairness.” (Rule 15.07) While he
owes his client warm zeal, it should always be within the
bounds of the law. (Canon 19, CPR) The fact that Atty.
Derecho had already accepted a sizeable retainer’s fee
should make no difference on his decision to withdraw.
Moreover, he may retain the fees he has already received,
his withdrawal being justified (Pineda, Legal & Judicial
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
Ethics, 1994 edition, p. 223), unless the same is
unconscionable.
Q: Huey Company and Dewey Corporation are both
retainer clients of Atty. Anama. He is the Corporate
Secretary of Huey Company. He represents Dewey
Corporation in three pending litigation cases. Dewey
Corporation wants to file a civil case against Huey
Company and has requested Atty. Anama to handle the
case. What are the options available to Atty. Anama?
Explain your answer. (1993 BAR)
A: The options available to Atty. Anama are:
1. To decline to accept the case because to do so will
constitute representing conflicting interests. It is
unethical for a lawyer to represent a client in a case
against another client in the said case.
2. To accept to file the case against Huey Company, after
full disclosure to both retained clients and upon their
express and written consent. The written consent may
free him from the charge of representing conflicting
interests, because written consent amounts to a release
by the clients of the lawyer’s obligation not to represent
conflicting interests.
Q: Atty. Belle Montes is a former partner in the Rosales
Law Office which is representing Corporation X before
the Securities and Exchange Commission. Atty. Montes
who is now practicing on his own, entered her
appearance as counsel for Corporation Y in a suit
between said corporation and Corporation X. Atty.
Montes claims that since she did not personally handle
the case of Corporation X when she was still with the
Rosales Law Office, she will not be representing
conflicting interests. Is such argument valid? Explain.
(1992 BAR)
A: Atty. Belle Montes will be deemed to be appearing for
conflicting interests if she appears for Corporation Y
against Corporation X.
This question is similar to the case of Philippine Blooming
Mills vs. Court of Appeals (G.R. No. 142381, 15 Oct. 2003). In
the said case, the Philippine Blooming Mills retained the
ACCRA Law Office. Three lawyers of the ACCRA Law Office
separated from said law firm and established their own law
office. The three lawyers were disqualified from appearing
for a corporation against the Philippine Blooming Mills.
The rule which prohibits appearing for conflicting interests
applies to law firms. The employment of one member of a
law firm is considered as an employment of the law firm
and that the employment of a law firm is equivalent to a
retainer of the members thereof.
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
CANON 16
(2016, 2015, 2011, 2009, 2008, 2007, 2000, 1990 BAR)
Q: During work, an overseas Filipino seafarer was
seriously injured after falling into the elevator shaft of
a foreign vessel. After initial treatment in Singapore,
the seafarer was flown to the Philippines to continue
medical treatment. While the seafarer was confined in
the hospital, two paralegals representing a lawyer
approached the seafarer offering that lawyer's services
at a significantly discounted rate. They explained that
they could sue the employer for indemnity and added
that the lawyer had a good track record at the National
Labor Relations Commission. The paralegals even
bragged about the lawyer's connections with the
Supreme Court.
The seafarer agreed to engage the lawyer's services.
The employer proposed to settle the case out of court
and eventually paid Php5,000,000.00. The employer
deposited this amount in the lawyer's bank account.
The lawyer tried to remit Php1,000,000.00 to the
seafarer, making it appear that the settlement was for
that amount. The seafarer refused to accept the amount
of Php1,000,000.00 as no prior approval had been
given to the lawyer to settle the case. The seafarer filed
a complaint before the Supreme Court for the lawyer's
disbarment.
Does the seafarer have legal grounds to file the
complaint? Explain briefly.
A: YES, the seafarer has legal grounds to file the complaint.
Under the CPR, a lawyer shall deliver the funds and
property of his client when due or upon demand. (Canon 16,
Rule 16.02) A lawyer who has been unable to deliver the
funds and property of his client when due or upon demand
shall be liable for disbarment. (Caballero vs. Pilapil, A.C. No.
7075, 21 Jan. 2020)
In this case, the amount of P5,000,000.00 was already due
to be given to the client, regardless of the knowledge by the
latter of its presence/existence because the employer had
already paid it to the lawyer pursuant to a SPA duly
executed in favor of the latter. (UPLC Suggested Answers)
In settling his client's claims, Atty. Cruz received from
the adverse party P200,000 in cash for his client.
Which of the following is an improper way for Atty.
Cruz to handle the money? (2011 BAR)
a. Ask his client to prepare a check for his fees for
swapping with the cash.
b. Deposit the cash in his own bank account and
later issue his personal check to his client, less
his fees.
c. Turn over the cash to his client with a request
that the latter pay him his fees.
d. Tell his client about the settlement and the
cash and wait for the client's instructions.
32
 QuAMTO (1987-2022)
A: B. (UPLC Suggested Answers)
Atty. Ramon borrowed his client's (Menchu) land title.
After eight months, Menchu demanded its return but
he failed to comply and changed his residence. After
Menchu tracked him down, she confronted him about
the title. He then offered to just buy the property and
gave her five checks for it but these bounced. Charged
with malpractice, Atty. Ramon answered that his
license to practice law cannot be in issue. He merely
incurred civil liability for a failed transaction. Will the
malpractice action prosper? (2011 BAR)
a. No, because his failure to pay his obligation
only makes him civilly liable.
b. No, since Menchu did not transact business
with Atty. Ramon as a lawyer.
c. Yes, because it is professionally reprehensible
for a lawyer to be unavailable to a person in
need.
d. Yes, he having taken advantage of Menchu who
was not fully protected and had no
independent advice.
A: D. (UPLC Suggested Answers)
Q: May the lawyer concerned be sanctioned for keeping
money he collected as rental from his client’s tenant
and remitting it to the client when asked to do so?
(2008 BAR)
A: YES, the lawyer may be sanctioned for not delivering the
rentals that he collected from the client’s tenant
immediately, and waiting for his client to ask for it yet. In
the case of Licuanan v. Melo (170 SCRA 100 [1989]), a lawyer
who collected the rentals of his client’s property for a
period of 1 year without reporting and/or delivering such
collections to his client until the latter demanded for it, was
disbarred by the Supreme Court. Money collected for the
client should be reported and accounted for promptly.
(UPLC Suggested Answers)
FIDUCIARY RELATIONSHIP
(1990 BAR)
Q: A lawyer charged his client P10,000.00 for filing fees
pertaining to the complaint he filed in court. He actually
spent only P1,000.00. He did not account the balance.
May his client charge him for misconduct as a member
of the Philippine bar? Explain your answer. (1990 BAR)
A: The client may charge his lawyer with misconduct for not
accounting for the balance on P9,000.00. It is well-settled
that where the client gives his lawyer money for a specific
purpose, such as to pay the docket fees for the filing of an
action in court, so much of the money not used for the
purpose belongs to the client and the lawyer holds in it trust
for him. And it is the lawyer’s duty to promptly account for
all money received from his client. For this reason, the
lawyer’s failure to account for the balance of the money not
33
spent for filing fees will render him liable for
misappropriation, which is a ground for disbarment.
CLIENT’S MONEY AND PROPERTIES; FIDELITY TO
CLIENT’S CAUSE
(2009, 2007 BAR)
Q: C engaged the services of attorney Atty. D concerning
various mortgage contracts entered into by her
husband from whom she is separated fearful that her
real estate properties will be foreclosed and of
impending suits for sums of money against her.
Attorney D advised C to give him land titles covering her
lots so he could sell them to enable her to pay her
creditors. He then persuaded her to execute deeds of
sale in his favor without any monetary or valuable
consideration, to which C agreed on condition that he
would sell the lots and from the proceeds pay her
creditors. Later on, C came to know that attorney Atty.
D did not sell her lots but instead paid her creditors
with his own funds and had her land titles registered in
his name. Did attorney D violate the Code of
Professional Responsibility? Explain. (2009, 2007 BAR)
A: The decision of the Supreme Court in the case of
Hernandez v. Go (A.C. No. 1526, 31 Jan. 2005) is squarely
applicable to this problem. Under the same set of facts, the
Supreme Court held the lawyer to have violated Canons 16
and 17 of the CPR, which provide as follows:
Canon 16. A lawyer shall hold in trust all moneys
and properties of his client hat may come into his
possession.
Canon 17. A lawyer owes fidelity to the cause of
his client, and he shall be mindful of the trust and
confidence reposed in him.
The Supreme Court further held that the lawyer concerned
has engaged in deceitful, dishonest, unlawful and grossly
immoral acts, which might lessen the trust and confidence
reposed by the public in the fidelity, honesty, and integrity
of the legal profession, consequently, the Court disbarred
him.
NOTE: In particular, Canon 16 was violated through his acts
of acquiring for himself complainant's lots entrusted to him
are, by any standard, acts constituting gross misconduct, a
grievous wrong, a forbidden act, a dereliction in duty,
willful in character, and implies a wrongful intent and not
mere error in judgment.
While Canon 17 was violated when Atty. Go abused her
trust and confidence when he did not sell her properties to
others but to himself and spent his own money to pay her
obligations.
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
DELIVERY OF FUNDS
(2009, 2000 BAR)
Q: Marlyn, a widow, engaged the services of Atty.
Romanito in order to avert the foreclosure of several
parcels of land mortgaged by her late husband to
several creditors. Atty. Romanito advised the widow to
execute in his favor deeds of sale over the properties, so
that he could sell them and generate funds to pay her
creditors. The widow agreed. Atty. Romanito did not
sell the properties, but paid the mortgage creditors
with his own funds, and had the land titles registered in
his name. Atty. Romanito succeeds in averting the
foreclosure. Is he administratively liable? Reasons.
(2009 BAR)
A: YES, Atty. Romanito is administratively liable. The basic
facts in this case are the same as the facts in Hernandez v. Go
(A.C. No. 1526, 31 Jan. 2005), where the Supreme Court
found the lawyer to have violated Canons 16 and 17 of the
CPR and disbarred him. The Supreme Court held that a
lawyer’s acts of acquiring for himself the lots entrusted to
him by his client are, by any standard, acts constituting
gross misconduct. The lawyer in that case was disbarred.
Q: D was charged with estafa by C before the barangay
for misappropriating the proceeds of sale of jewelry on
commission. In settlement of the case, D turned over to
the barangay captain, a lawyer, the amount of
P2,000.00 with the request that the barangay captain
turn over the money to C. Several months passed
without C being advised of the status of her complaint.
C contacted D who informed her that she (D) had long
before turned over the amount of P2, 000.00 to the
barangay captain who undertook to give the money to
her (C). C thus filed a case against the barangay captain
who at once remitted the amount of P2,000.00 to C. May
the barangay captain be faulted administratively?
Explain. (2000 BAR)
A: YES. The CPR applies to lawyers who are in the
government service. As a general rule, a lawyer who holds a
government office may not be disciplined as a member of
the bar for misconduct in the discharge of his office as a
government official. However, if that misconduct as a
government official is of such character as to affect his
qualification as a lawyer or to show moral delinquency, then
he may be disciplined as a member of the bar on such
ground. (Dinsay v. Cioco, A.C. No. 2995, 27 Nov. 1996) In the
case of Penticostes v. Ibanez (A.C. CBD No. 167, 09 Mar. 1999),
a barangay captain who failed to remit for several months
the amount given to him for payment of an obligation, was
found to have violated the Code of Professional Conduct.
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
CANON 17
(2018, 2011 BAR)
Q: Which of the following demonstrates a lawyer’s
fidelity to known practices and customs of the bar
regarding a case he is handling? (2011 BAR)
a. Treating his client’s disclosures as confidential but
not the documents he submits for review.
b. Meeting with his client’s opponent over lunch to
discuss settlement without telling his client.
c. Accepting a tough case although he is new in
practice, trusting that his diligence would make up
for lack of experience.
d. Inviting the judge hearing the case to dinner with
no purpose to discuss the case with him.
A: C. (UPLC Suggested Answers)
Q: Mrs. Conchita Conchu engaged the services of Atty.
Carlo Colorado to act as private prosecutor to handle a
criminal case against persons suspected of slaying her
husband. Atty. Colorado performed his duties -he
interviewed witnesses to build up his case and
religiously attended hearings. However, he failed to
attend one hearing (allegedly because he did not
receive a notice) in which the court, over Mrs. Conchu’s
objections, granted bail to all the accused. Mrs. Conchu
belligerently confronted Atty. Colorado about his
absence. Stung by Mrs. Conchu’s words, Atty. Colorado
filed with the court a “Motion to Withdraw as Counsel”.
The motion did not bear the consent of Mrs. Conchu, as
in fact, Mrs. Conchu refused to sign her conformity to
Atty. Colorado’s withdrawal. Meanwhile, the hearing in
the criminal case continued, but Atty. Colorado no
longer appeared at the hearings, nor did he contact Mrs.
Conchu. Mrs. Conchu then filed a complaint seeking
disciplinary sanctions against Atty. Colorado. Atty.
Colorado cited “loss of confidence” and “serious
differences” with the client as his reasons for
withdrawing his services unilaterally. Can Atty.
Colorado be sanctioned for his actions? (2018 BAR)
A: YES, Atty. Colorado can be sanctioned for his actions.
Under the ROC, an attorney who undertakes to conduct an
action impliedly stipulates to carry it to its conclusion. He is
not at liberty to abandon it without reasonable cause. A
lawyer’s right to withdraw from a case before its final
adjudication arises only from the client’s written consent or
from the court’s approval of his motion to withdraw based
on a good cause. Furthermore, being an officer of the court
in whose favor a lawyer owes the duty to assist in
administering justice, he may not withdraw or be permitted
to withdraw as counsel in a case if such withdrawal will
work injustice to a client or frustrate the ends of justice.
(Orcino v. Gaspar, A.C. No. 3773, 24 Sept. 1997) (UPLC
Suggested Answers)
34
 QuAMTO (1987-2022)
CANON 18
(2017, 2014, 2013, 2011, 2008, 2007, 2002, 2001,
2000, 1998, 1989 BAR)
Q: Armin, holding a TCT to a lot in downtown Calamba
in the name of Bobby, shows you the title and claims
that Bobby sold him the lot. He then asks you to draft a
deed of sale covering the transaction. In reply to your
query on where Bobby is, Armin explains that Bobby is
currently out of the country but he (Armin) has his
general power of attorney which he also shows to you.
The power of attorney empowers Armin to do
everything that Bobby can do with the Calamba lot, but
you note that it does not specifically authorize Armin to
sell the property. Armin also assures you that he wants
the deed of sale drafted so he can send it to Bobby for
his signature even while overseas. How will you act
under the given circumstances? (2013 BAR)
a. Agree to draft the deed of sale, subject to your
usual 10%commission.
b. Refuse to draft the deed of sale, as Armin has
not presented a special power of attorney that
would support the deed that he is asking you to
prepare.
c. Refuse to draft the deed of sale, as Bobby is not
present to sign the deed of sale and verify that
he is indeed selling his lot to Armin.
d. Agree to draft the deed of sale, since it is only a
draft that Bobby still has to consider and sign.
e. Refuse to have anything to do with Armin’s
request because it is a potentially problematic
situation given the price of lots in downtown
Calamba.
A: B. (UPLC Suggested Answers)
Q: Which of the following instances demonstrates
counsel’s LACK of diligence in serving his client's
interest? (2011 BAR)
a. Failing to file his client’s appeal brief despite 2
extensions upon the excuse that the client did
not coordinate with him.
b. Failing to send to client a requested legal
opinion until after the latter gave him the
additional documents he requested.
c. Failing to rehearse his client on his testimony
before the trial.
d. Updating his client about the status of his case
by phone and electronic mail.
A: A. (UPLC Suggested Answers)
35
NOTE: Chang v. Hidalgo (A.C. No. 6934, 06 Apr. 2016)
provides that “the offensive attitude of a client is not an
excuse to just disappear and withdraw from a case without
notice to the court and to the client, especially when
attorney’s fees have already been paid.” (UPLC Suggested
Answers)
Q: May the lawyer concerned be sanctioned for filing a
complaint that fails to state a cause of action, thereby
resulting in the defendant succeeding in his motion to
dismiss. (2008 BAR)
A: The lawyer may be sanctioned for lack of competence and
diligence (Canon 18, CPR). Rule 18.02 provides that a lawyer
shall not handle a case without adequate preparation. Filing
a complaint that fails to state a cause of action resulting to
the dismissal of his case shows incompetence and lack of
adequate preparation. (UPLC Suggested Answers)
Prosecutor Regan was designated to represent the State
during the trial of an action to declare the nullity of a
marriage. He realized soon enough, however, that the
counsels of the parties were very competent and
sincere in doing their work for their respective client.
Thus, Prosecutor Regan, mindful of his large caseload of
preliminary investigations, and believing that his
attendance at the trial was superfluous, decided not to
attend the trial anymore so that he could devote more
time to the work back in his office.
Explain whether the decision of Prosecutor Regan to
miss the trial of the action to declare the nullity of the
marriage was warranted or not. (2017 BAR)
A: NO, the decision of Prosecutor Regan to miss the trial is
not warranted. A prosecutor is appointed to represent the
state in every action for declaration of nullity of a marriage
because the state has the constitutional duty to preserve a
marriage a counsel de oficio, the prosecutor should perform
his duties actively and diligently. In case of heavy work
schedule of the public prosecutor or in the event of lack of
public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute the case
subject to the approval of the court. (UPLC Suggested
Answers)
NOTE: Sec. 5, Rule 110, Rules of Court, as amended by A.M.
No. 02-2-07 provides that “once so authorized to prosecute
the criminal action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the absence
of a public prosecutor, unless the authority is revoked or
otherwise withdrawn.”
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
ADEQUATE PROTECTION
(2000 BAR)
Q: X was indicted for murder. As he had no counsel on
arraignment, the trial court appointed Atty. A as his
counsel de officio. When Atty. A asked X what was his
stand, X said he was guilty. X thereupon pleaded guilty.
Trial was thereafter conducted. When the turn of the
defense to present evidence came, Atty. A manifested
that he was not presenting any and that he was
submitting the case for decision, praying that X’s plea be
considered mitigating. Did Atty. A’s assistance or
conduct approximate the competence and diligence
which the Code of Professional Responsibility expected
of him? Explain. (2000 BAR)
A: NO. It is the duty of defense counsel when his client
desires to enter a plea of guilty to fully acquaint himself with
the facts and surrounding circumstances of the case, advise
his client of his constitutional rights and the full import of a
plea of guilty, see to it that the prescribed procedure is
observed, present evidence, including possible mitigating
circumstances, so that the precise degree of his client's
culpability is established and the appropriate penalty is
imposed, and thus leave no room for doubt that there was a
mistake or misunderstanding as to the nature of the charges
to which his client has pleaded guilty. Atty. A has fallen short
of this required conduct.
NEGLIGENCE
(2014, 2002, 1998 BAR)
Q: May a lawyer be held liable for damages by his client
for the lawyer’s failure to file the necessary pleadings
to prosecute the client’s case and as a result of which
the client suffered damages? (2014 BAR)
A: YES, he may be held liable. Rule 18.03 of the CPR provides
that “a lawyer shall not neglect a legal matter entrusted to
him, and his negligence in connection therewith shall render
him liable.” But attorney-client relationship, want of
reasonable care and diligence, and injury sustained by the
client as the proximate result thereof, are the prerequisites
to the maintenance of an action for damages against a
lawyer.
Q: State the rule on whether a client is bound by the
mistake of his counsel. (2002 BAR)
A: A client is bound by the mistakes of his lawyer. (Cabales,
et al. v. Nery, G.R. No. L-31987, 21 Nov. 21, 1979 & Valerio v.
Sec. of Agriculture, G.R. No. L-18587, 23 Apr. 1963) However,
when the lawyer has practically sold his client down the
river or when the negligence is so gross that the client was
deprived of due process, the client is not bound by the
negligence of the lawyer. (PHHC v. Tiongco, G.R. No. L-18891,
28 Nov. 1964; San Miguel Corp. v. Laguesma, G.R. No. 100485
21 Sept. 1994)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
Q: On account of his mistake, is counsel liable to his
client for damages? Explain. (2002 BAR)
A: A lawyer shall not neglect a legal matter entrusted to him
and his negligence in connection therewith shall make him
liable. (Rule 18.03, CPR) A client who suffers prejudice by
reason of his counsel’s inexcusable negligence in the
discharge of his duty may file an action for damages against
him. However, there must be a showing that, had the lawyer
exercised due diligence, the client under the facts and the
law would have succeeded in recovering from the adverse
party or in resisting the claim of the latter.
Q: Nene approached Atty. Nilo and asked him if it was
alright to buy a piece of land that Maneng was selling.
What was shown by Maneng to Nene was an OCT with
many annotations and old patches, to which Nene
expressed suspicion. However, Atty. Nilo, desirous of
pushing through with the transaction because of the
high notarial fee promised to him, told Nene that the
title was alright and that she should not worry since he
is an attorney and that he knew Maneng well. He
notarized the Deed of Sale and Nene paid Maneng P
108,000.00. It turned out that Maneng had previously
sold the same property to another person. For the
injustice done to Nene, may Atty. Nilo be disciplined?
(1998 BAR)
A: YES. Atty. Nilo is guilty of gross negligence in protecting
the interest of his client. A lawyer shall not neglect a legal
matter entrusted to him and his negligence in connection
therewith shall render him liable. (Rule 18.03, CPR) Worse,
he was negligent because he placed his own interest in
receiving a high notarial fee over and above the interest of
his client. In the case of Nadayag v. Grageda (A.C. No. 3232,
27 Sept. 1994) which involves similar facts, the Supreme
Court held that the lawyer “should have been conscientious
in seeing to it that justice permeated every aspect of a
transaction for which their services had been engaged, in
conformity with the avowed duties of a worthy member of
the Bar.”
COLLABORATING COUNSEL
(2014, 2001, 1989 BAR)
Q: May a client hire additional counsel as collaborating
counsel over and above the objection of the original
counsel? (2014, 1989 BAR)
A: YES, the client is entitled to have as many lawyers as he
can afford. Professional courtesy, however, demands that a
lawyer retained as a collaborating counsel should at least
communicate with the original counsel and should at least
communicate with the original counsel before entering his
appearance. On the part of the original counsel, he should
not look at the employment of a collaborating counsel as a
loss of confidence in him.
36
 QuAMTO (1987-2022)
Q: Atty. A objects to the collaboration of Atty. B as
proposed by Client C in a pending case. How would A, B
and C handle the situation? (2001 BAR)
A: A, B, and C may handle the situation in the following
manner:
a. A can offer to withdraw his services. Rule 22.01(c) of the
CPR allows a lawyer to withdraw his services if his
inability to work with co-counsel will not promote the
best interest of his client. Here, by objecting to the
collaboration of Atty. B, Atty. A foresees his inability to
work with the former. “A” may with withdraw to give his
client a free hand in protecting his interest.
b. B should refuse to accept the case, otherwise, he may be
encroaching on the professional employment of another
lawyer. A lawyer should decline association as colleague
if it is objectionable to the original counsel, but if the
lawyer first retained is relieved, another may come into
the case (Canon 7, Canons of Professional Ethics).
c. C the client must choose only one of the lawyers. If he
wants Atty. B as his lawyer, he should formally terminate
the services of "A" so "B" can formally enter his
appearance in the case.
CANON 19
(2016, 2014, 2013, 2008, 2003, 2001, 1997 BAR)
Q: Jaybee engaged the services of Atty. Pete to defend
him in a criminal case for murder. During trial, when
the defense was presenting its evidence, Jaybee
admitted to Atty. Pete that he killed the victim in the
case. Atty. Pete withdrew from the case. Jaybee sued
Atty. Pete for disbarment alleging that the latter
violated Canon 15 of the CPR that “a lawyer shall
observe candor, fairness and loyalty in all his dealing
and transactions with his client” and Canon 17 of the
CPR that “a lawyer owes fidelity to the cause of his client
and he shall be mindful of the trust and confidence
reposed in him. “ Rule on the case and explain. (2016
BAR)
A: I will rule in favor of Atty. Pete. A lawyer’s duty of
entire devotion to his client’s cause must be performed
within the bounds of the law. Canon 19 of the CPR provides
that “a lawyer shall represent his client with zeal within the
bounds of the law”. Moreover, Rule 19.02 of the CPR
provides that “a lawyer who has received information that
his client has in the course of his representation,
perpetuated fraud upon a person or tribunal, shall promptly
call upon the client to rectify the same, and failing which he
shall terminate the relationship with such client in
accordance with the Rules of Court”. But, of course, Atty.
Pete should not reveal what Jaybee revealed to him, because
the same is covered by the duty of confidentiality under
Canon 21 of the same code. (UPLC Suggested Answers)
37
Q: Under Canon 19 of the Code of Professional
Responsibility, "a lawyer shall represent his client with
zeal within the bounds of the law." How far, in general
terms, may a lawyer go in advocating, supporting and
defending the cause of his client in a criminal case filed
against the latter? (2003, 1997 BAR)
A: The right to counsel must be more than just the presence
of a lawyer in the courtroom or the mere propounding of
standard questions and objections. The right to counsel
means that the accused is simply accorded legal assistance
extended by a counsel who commits himself to the cause of
the defense and acts accordingly. The right assumes an
active involvement by the lawyer in the proceedings,
particularly at the trial of the case, his bearing constantly in
mind the basic rights of the accused, his being well-versed
on the case, and his knowing the fundamental procedure,
essential laws and existing jurisprudence. The right of an
accused to counsel finds substance in the performance by
the lawyer of his sworn duty of fidelity to his client.
Tersely put, it means an efficient and truly decisive legal
assistance and not a simple perfunctory representation.
(People v. Bermas, G.R. No. 120420, 21 Apr. 1999, cited in
People v. Sta. Teresa, G.R. No. 130663; 20 Mar. 2001).
However, a lawyer shall employ only honorable and honest
means in the maintenance of his client’s cause. (Sec. 20, Rule
128)
Q: Atty. A discovered his client's fraud against the
adverse party. What steps should he take so that his
client will secure only that which is legally and justly
due him? (2001 BAR)
A: A lawyer who has received information that his client
has, in the course of the representation, perpetrated a fraud
upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall
terminate the relationship with such client in accordance
with the Rules of Court (Rule 19.02, Code of Professional
Conduct).
CANON 20
(2018, 2017, 2016, 2015, 2014, 2012, 2011, 2010,
2009, 2008, 2002, 2000, 1999, 1998, 1995 BAR)
Q: Carina was dismissed by her employer for breach of
trust and confidence, and for willful violation of
company rules and policies. She filed an action for
illegal dismissal claiming that her termination was
without legal basis. The Labor Arbiter found that she
was illegally dismissed and awarded her the amount of
Php 80 million. On appeal to the National Labor
Relations Commission (NLRC), the award was reduced
to PhP 40 million as separation pay, plus PhP 5 million
for the value of her stock option plans which would
have vested if she were not illegally dismissed from her
job. Unsatisfied with the NLRC’s decision, she appealed
to the Court of Appeals (CA) the amount of monetary
award granted by the NLRC. She engaged the services of
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
Casal, Casos and Associates to handle her appeal. Her
retainer agreement with Casal, Casos and Associates
provided for contingent fees equivalent to 10% of her
claim for separation pay and 10% of the value of stock
options to be awarded to her.
The CA decision was not favorable to Carina, so she
appealed the same to the Supreme Court (the Court).
While the case was pending appeal with the Court,
Carina entered into a compromise agreement with her
employer to terminate the case upon payment to her of
the full amount of PhP 40 million, less the PhP 15
million previously paid to her by her employer. Before
the compromise agreement was finalized, Carina
terminated the services of Casal, Casos and Associates
and asked them to withdraw from the case pending
before the Court. The parties negotiated the
compromise agreement without the participation of
their lawyers since the employer imposed the condition
that no lawyers should be involved in the compromise
negotiation. She, together with her employer, then filed
the Compromise Agreement for approval by the Court,
and sought the termination of the case, with prejudice.
Casal, Casos and Associates filed a motion to intervene
in the case pending with the Court, praying that Carina
be ordered to pay them PhP 4 million, representing
10% of the amount received by Carina from her
employer in settlement of the case, plus 6% legal
interest from the date of filing of the motion for
intervention, until fully paid. The intervenors claimed
that they were dismissed without justifiable cause prior
to the signing of the compromise agreement for the
reason that Carina, their client, wanted to evade
payment of their legal fees. Carina claimed they were
dismissed because Attys. Casal and Casos, who
personally handled her case, had resigned from the law
firm to join the government, and because of the
negligence and failure of her lawyers to attend to her
case.
In reply, the intervenors said that the engagement was
with the law firm and not with individual lawyers. The
law firm also presented letters signed by their client
commending them for work done well in the case.
(2018 BAR)
(a) May lawyers legally charge their clients based
on contingent fees?
A: YES. Rule 20.01(h) of the CPR provides the contingency or
certainty of compensation as one of the factors in
determining fair and reasonable fees. A contingent fee is
intended to enable a poor person to avail of the services of a
lawyer to protect their rights or redress their grievances.
(UPLC Suggested Answers)
(b) Should Casal, Casos and Associates be allowed
to intervene in the case pending before the
Court in order to collect their fees from Carina?
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
A: YES. A lawyer is as much entitled to the judicial
protection against injustice, imposition or fraud on the part
of the client, as the client against abuse on the part of their
counsel. Rule 16.03 of the CPR permits the registration of a
lien although the lawyer concerned does not finish the case
successfully in favor of their client, because “a lawyer who
quits or is dismissed before the completion of his task is as
much entitled to protection of the rule.” (Palanca vs. Pecson,
G.R. Nos. L-6334 and L-6346, 25 Feb. 1954) They may enforce
their right to their fees by a separate action or intervention
in the same case they handled. The latter recourse is the
better practice since the judge is already conversant with
the nature and extent of their services. (UPLC Suggested
Answers)
(c) Can Carina refuse to pay attorneys’ fees on the
ground that the lawyers who personally
handled her case had already resigned from the
law firm with which she had contracted?
A: When a client engages a law firm to represent them, their
contract is with a law firm and not with the individual
lawyers. The resignation, illness or inability of some of their
lawyers will not affect the ability of the law firm to continue
its services. Certainly, it cannot be used to evade payment of
attorneys’ fees due to the law firm. (UPLC Suggested
Answers)
(d) May Carina’s employer, defendant in this case,
be held solidarily liable with Carina for the
payment of the attorneys’ fees of Carina’s
lawyers?
A: If the evidence shows that the employer of Carina
imposed the “no lawyers in the negotiation of the
compromise agreement rule” because of connivance in
evading payment of Carina’s lawyers, then the defendant
employer should be held solidarily liable in the payment of
attorneys’ fees to Carina’s lawyers. When the other party to
the case is also guilty of fraud in the payment of legal fees,
they become a joint tortfeasor and should be held solidarily
liable with Carina. By participating in the fraud, Carina’s
employer also becomes liable even if Casals, Casos and
Associates was hired only to represent Carina. (Malvar v.
Kraft Foods, G.R. No. 183952, 08 Sept. 2013) (UPLC Suggested
Answers)
(e) May the intervenors collect legal interest in
addition to their attorneys’ fees?
A: Legal interest cannot be imposed on attorney’s fees. This
is because even if parties are free to stipulate the amount of
attorney’s fees, the payment of attorneys’ fees is different
from ordinary obligations and contracts. The NCC
provisions on payment of legal rate of interest in the event
of default apply only to ordinary obligations and contracts.
(Bach v. Ongkiko Kalaw Manhit and Acorda Law Office, G.R.
No. 160334, 11 Sept. 2006) (UPLC Suggested Answers)
38
 QuAMTO (1987-2022)
CONTINGENCY FEE ARRANGEMENTS
(2017, 2016, 2015, 2014, 2011, 2010, 2008, 2002,
1999 BAR)
Q: For services to be rendered by Atty. Hamilton as
counsel for Gener in a civil case involving the recovery
of the ownership and possession of a parcel of land with
an area of 5,000 square meters, the two of them agreed
on a success fee for Atty. Hamilton of P50,000.00 plus
500 square meters of the land. The trial court
ultimately rendered judgment in favor of Gener, and
the judgment became final and executory. After
receiving P50,000.00, Atty. Hamilton demanded the
transfer to him of the promised 500 square meters of
the land. Instead of complying, Gener brought an
administrative complaint charging Atty. Hamilton with
violation of the Code of Professional Responsibility and
Art. 1491(5) of the Civil Code for demanding the
delivery of a portion of the land subject of the litigation.
Is Atty. Hamilton liable under the Code of Professional
Responsibility and the Civil Code? Explain your answer.
(2017, 2010 BAR)
A: NO. Atty. Hamilton is not liable for violation of the CPR
nor of the Civil Code. The agreement on a success fee of
P50,000.00 and 500 sq. m. of the land involved in the case is
valid. The parties entered into a contingent fee contract that
is allowed under Canon 20, Rules 20.01 of the CPR and
Canon 13 of the Code of Professional Ethics.
A contract for a contingent fee is not covered by Article 1491
because the transfer or assignment of the property in
litigation takes effect only after the finality of a favorable
judgment. (Director of Lands v. Ababa, G.R. No. L-26096 27
Feb. 1979)
Q: The spouses Manuel were the registered owners of a
parcel of land measuring about 200,000 square meters.
On May 4, 2008, the spouses Manuel sold the land for
P3,500,000.00 to the spouses Rivera who were issued a
certificate of title for said land in their names. Because
the spouses Rivera failed to pay the balance of the
purchase price for the land, the spouses Manuel,
through Atty. Enriquez, instituted an action on March
18, 2010 before the Regional Trial Court (RTC) for sum
of money and/or annulment of sale, docketed as Civil
Case No. 1111. The complaint in Civil Case No. 1111
specifically alleged that Atty. Enriquez would be paid
P200,000.00 as attorney’s fees on a contingent basis.
The RTC subsequently promulgated its decision
upholding the sale of the land to the spouses Rivera.
Atty. Enriquez timely filed an appeal on behalf of the
spouses Manuel before the Court of Appeals. The
appellate court found for the spouses Manuel, declared
the sale of the land to the spouses Rivera null and void,
and ordered the cancellation of the spouses Rivera’s
certificate of title for the land. The Supreme Court
dismissed the spouses Rivera’s appeal for lack of merit.
With the finality of judgment in Civil Case No. 1111 on
39
20 Oct. 2014, Atty. Enriquez filed a motion for the
issuance of a writ of execution.
Meanwhile, the spouses Rivera filed on November 10,
2014, before the RTC a case for quieting of title against
the spouses Manuel, docketed as Civil Case No. 2222.
The spouses Manuel, again through Atty. Enriquez, filed
a motion to dismiss Civil Case No. 2222 on the ground of
res judicata given the final judgment in Civil Case No.
1111.
Pending the resolution of the motion to dismiss in Civil
Case No. 2222, the RTC granted on February 9, 2015 the
motion for issuance of a writ of execution in Civil Case
No. 1111 and placed the spouses Manuel in possession
of the land. Atty. Enriquez, based on a purported oral
agreement with the spouses Manuel, laid claim to ½ of
the land, measuring 100,000.00 square meters with
market value of P1,750,000.00, as his attorney’s fees.
Atty. Enriquez caused the subdivision of the land in two
equal portions and entered into the half he
appropriated for himself. Based on the professional
and ethical standards for lawyers, may Atty. Enriquez
claim 1/2 of the land as his contingency fee? Why?
(2015 BAR)
A: Atty. Enriquez may not claim ½ of the land as his
contingency fee. In the first place, a lawyer cannot charge
his client a contingent fee or a percentage of the amount
recovered as his fees in the absence of an express contract
to that effect (Corpus v. CA, G.R. No. L-40424, 30 June 1980).
There is no such contract in this case. As a matter of fact,
the claim of a purported oral agreement for a contingency
fee of ½ of the land is contradicted by the allegation in the
Complaint in Civil Case No. 1111 for a contingency fee of
P200,000.00 only. Moreover, the amount claimed as
contingent fee appears to be excessive and unreasonable.
The issue involved in the case was simple and did not
require extensive skill, effort and research on the part of
Atty. Enriquez.
Furthermore, Atty. Enriquez caused the division of the land
and appropriate one half thereof, pending resolution of the
motion to dismiss in Civil Case No. 2222. This constitutes a
violation of Article 1491 of the Civil Code, because the case
in which the property is involved has not yet been
terminated. (The Conjugal Partnership of the Sps. Cadavedo
v. Victorino T. Lacaya, G.R. No. 173188, 15 Jan. 2014)
Q: Chester asked Laarni to handle his claim to a sizable
parcel of land in Quezon City against a well-known
property developer on a contingent fee basis. Laarni
asked for 15% of the land that may be recovered or
15% of whatever monetary settlement that may be
received from the property developer as her only fee
contingent upon securing a favorable final judgment or
compromise settlement. Chester signed the contingent
fee agreement. (2008 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
a) Assume the property developer settled the case
after the case was decided by the RTC in favor
of Chester for P1 Billion. Chester refused to pay
Laarni P150 Million on the ground that it is
excessive. Is the refusal justified? Explain.
A: The refusal of Chester to pay is unjustified. A contingent
fee is impliedly sanctioned by Rule 20.01 (f) of the CPR. A
much higher compensation is allowed as contingent fees in
consideration of the risk that the lawyer will get nothing if
the suit fails. In several cases, the Supreme Court has
indicated that a contingent fee of 30% of the money or
property that may be recovered is reasonable. Moreover,
although the developer settled the case, it was after the case
was decided by the RTC in favor of Chester, which shows
that Atty. Laarni has already rendered service to the client.
(UPLC Suggested Answers)
ALTERNATIVE ANSWER: Chester’s refusal to pay Atty.
Laarni P150 million as attorney’s fees on the ground that it
is excessive, is justified. In the case of Sesbreno v. CA (G.R. No.
117438; 08 June 1995), the Supreme Court held that
“contingent fee contracts are under the supervision and
close scrutiny of the court in order that clients may be
protected from unjust charges'' and that “its validity
depends on a large measure on the reasonableness of the
stipulated fees under the circumstances of each case.” Also,
“stipulated attorney’s fees are unconscionable whenever
the amount is by far so disproportionate compared to the
value of the services rendered as to amount to fraud
perpetrated against the client.” Considering the
circumstances that the case was decided by settlement of
the property developer, the attorney’s fee of P150 Million
would be unconscionable.
b) Assume there was no settlement and the case
eventually reached the Supreme Court which
promulgated a decision in favor of Chester. This
time Chester refused to convey to Laarni 15%
of the litigated land as stipulated on the ground
that the agreement violates Art. 1491 of the
Civil Code which prohibits lawyers from
acquiring by purchase properties and rights
which are the object of litigation in which they
take part by reason of their profession. Is the
refusal justified? Explain.
A: NO, Chester’s refusal is not justified. A contingent fee
agreement is not covered by Art. 1491 of the NCC, because
the transfer or assignment of the property in litigation
takes effect only upon finality of a favorable judgment
(Directors of Lands v. Ababa, 88 SCRA 513 [1979]; Macariola
v. Asuncion, 114 SCRA 77 [1982]) (UPLC Suggested Answers)
Q: May the lawyer concerned be sanctioned for
refusing to return certain documents to the client
pending payment of his attorney’s fees? (2008 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
A: NO, he may not be sanctioned. He is entitled to a
retaining lien by virtue of which he may retain the funds,
documents and papers of his client which have lawfully
come into his possession, until his lawful fees and
disbursements have been paid. (UPLC Suggested Answers)
Q: Atty. CJ handled the case for plaintiff GE against
defendant XY in an action for damages. Judgment was
rendered for plaintiff GE. When a writ of execution was
issued, the sheriff levied on a 400 square meter lot of
defendant XY. Pursuant to their contingent fee
contract, plaintiff GE executed a deed of assignment in
favor of Atty. CJ of one-half of the lot. Atty. CJ accepted
the assignment. Is the contract for contingent fee valid?
Explain. (2002 BAR)
A: Contract for contingent fee is a contract wherein the
attorney’s fee, usually a percentage of what may be
recovered in the action, is made to depend upon the success
of the lawyer in enforcing or defending his client’s right. It
is a valid contract, unlike a champertous contract which is
invalid because the lawyer undertakes to shoulder the
expenses of the litigation. However, the amount of the fee
agreed upon may be reduced by the courts if it should be
unconscionable. 50% of what the client might recover may
or may not be unconscionable depending on the factors to
be considered in determining the reasonableness of an
attorney's fee.
Q: Atty. A’s services as a lawyer were engaged by B to
recover from C certain construction materials and
equipment. Because B did not have the means to defray
the expenses of litigation, he proposed to Atty. A that
he (A) shoulders all expenses of the litigation and he
(B) would pay him (A) a portion of the construction
materials and equipment to be recovered as
compensation for his professional services. May Atty. A
correctly agree to such arrangement? (1999 BAR)
A: NO. Atty. A may not correctly agree to such an
agreement. Such an arrangement would constitute a
champertous contract which is considered void due to
public policy, because it would make him acquire a stake in
the outcome of the litigation which might lead him to place
his own interest above that of the client. (Bautista v.
Gonzales, A.M. No. 1625, 12 Feb. 1990) A champertous
contract is one in which a lawyer undertakes to prosecute
a case, and bear all the expenses in connection therewith
without right of reimbursement and will be paid his fees by
way of a portion of the property or amount that may be
recovered, contingent on the success of his efforts. It is
different from a contingent fee contract, which is valid, in
which the lawyer will also be paid depending on the success
of his efforts, but he does not undertake to shoulder all the
expenses in the case. He may advance such expenses but
always subject to reimbursement by his client.
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 QuAMTO (1987-2022)
ATTORNEY’S LIENS
(2018, 2016, 2014, 2012, 2009, 2008, 2000, 1998,
1995 BAR)
Q: Define an attorney's retaining lien. (2000, 1998 BAR)
A: A retaining lien is the right of an attorney to retain the
funds, documents, and papers of his client which have
lawfully come into his possession until his lawful fees and
disbursements have been paid, and to apply such funds to
the satisfaction thereof. (Rule 138, Sec. 37, Rules of Court)
Q: Differentiate “retaining lien” from “charging lien”
(2016 BAR)
A: A retaining lien gives the lawyer the right to retain the
funds, documents and papers of the client which have
lawfully come into his possession, until his lawful fees and
disbursements have been paid. A charging lien is a lien upon
all judgments for payment of sum of money and executions
thereof, to ensure payment of his fees and disbursements in
the said case.
A retaining lien is a passive lien; the lawyer is not required
to perform any act except to hold on to the client’s funds,
documents and papers, until his fees and disbursements are
paid. A charging lien is an active lien; the lawyer is required
to file a motion in court, with copy served on the adverse
party, to have a statement of his claim to such fees and
disbursements charged or attached to the decision in such
case and executions thereof.
A retaining lien is a general lien; it may be resorted to in
order to secure payment of the lawyer’s fees in all the cases
he has handled and services he has rendered to the client. A
charging lien is a special lien; it can be utilized for the
purpose of collecting only the unpaid fees and
disbursements of the lawyer in the case where the judgment
for a sum of money may be secured.
Q: Charo Conti engaged the services of Atty. Cesar
Compostela for the registration of a property located in
Cebu, and which property she had inherited together
with her siblings. It was agreed in writing that Charo
would pay Atty. Compostela PhP 20,000 as acceptance
fee and PhP 2,000 as appearance fee. During the last
hearing of the case, Atty. Compostela demanded an
additional amount of PhP 20,000 for the preparation of
a memorandum, which he said would further
strengthen Charo’s position, plus 20% of the total area
of the property as additional fees for his services. Charo
did not agree to Atty. Compostela’s demands since they
were contrary to their agreement. Besides, the
property was co-owned with her siblings and she could
not agree to Atty. Compostela’s demands without the
consent of her co-heirs.
41
Four (4) years later, the petition for registration was
approved and the Land Registration Authority notified
Charo that the decree of registration and the original of
the owner’s duplicate copy of the title had already been
transmitted to the Register of Deeds (RD). When Charo
went to the RD, she was surprised to discover that the
owner’s duplicate copy of the title had already been
claimed by, and released to, Atty. Compostela. Despite
demand, Atty. Compostela refused to deliver the title to
Charo until she paid the additional attorneys’ fees that
he was demanding. Charo then instituted a complaint
for disbarment against him. In his defense, Atty.
Compostela claimed that:
1. He had a right to retain the owner’s duplicate of
the title as his retaining lien; and
2. He was entitled to the payment of additional
professional fees on the basis of the principle of
quantum meruit.
Rule on Atty. Compostela’s defenses. (2018 BAR)
A:
1. A lawyer has a right to retaining lien only if there is
an agreement as to the amount of his fees. In this
case, there is no agreement as to Atty. Compostela’s
claim for additional fees. In fact, the client is
opposed to the lawyer’s proposal for such
additional fees.
2. A lawyer is entitled to fees on the basis of quantum
meruit only in the following cases:
a. There is no agreement between the lawyer
and the client as to the former’s fees;
b. There is an agreement but it is void;
c. There is an agreement but it has been set
aside by the parties themselves;
d. There is an agreement but the court has set
it aside because it found the fees to be
unconscionable; or
e. There is an agreement but the services of the
lawyer were terminated by the client for just
cause.
None of these instances exist in this case. Atty. Compostela
is not entitled to additional fees on the basis of quantum
meruit. (UPLC Suggested Answers)
Q: M engaged the services of Atty. D to prosecute his
annulment of marriage case in the RTC. After a long-
drawn trial, Atty. D was able to secure a favorable
judgment from the court. Unfortunately, M failed to pay
in full the stipulated attorney’s fees of Atty. D. How can
Atty. D collect his fees from M? Discuss fully. (2014 BAR)
A: He can allot his fees either by filing a motion in the
annulment of marriage case that he handled, and to ask the
court to order M to pay the same, or he can file a separate
action for the recovery of his attorney’s fees. Of the two, the
first is preferable because the judge in the annulment case
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
will be in a better position to evaluate the amount and value
of his services. In the meantime, he may avail of the
retaining lien, which is to retain the moneys and properties
of M in his possession until he is paid for his services, or a
charging lien, which is to charge the money judgment in the
case for the payment of his fees.
ALTERNATIVE ANSWER: He may avail of the retaining lien,
which is to retain the moneys and properties of M in his
possession until he is paid for his services, or a charging
lien, which is to charge the money judgment in the case for
the payment of his fees.
Counsel's claim for attorney's fees may be asserted either in
the very action in which the services in question have been
rendered for or in a separate action. If the first alternative is
chosen, the court may pass upon said claim even if its
amount were less than the amount prescribed by law for the
jurisdiction of said court, upon the theory that the right to
recover attorney's fees is but an incident of the case in
which the services were rendered. (Quirante v. IAC, G.R. No.
73886, 31 Jan. 1989; Rosario, Jr. v. de Guzman, et al., G.R. No.
191247, 10 July 2013)
ALTERNATIVE ANSWER: D can exercise the remedy of
retaining lien over the documents and other pieces of
evidence which have lawfully come to his possession, under
Sec. 37, Rule 138 of the Revised Rules of Court. The payment
of attorney's fee is based on the services rendered and not
dependent on the success or failure of the case.
Q: The vendor filed a case against the vendee for the
annulment of the sale of a piece of land. Assume the
vendee obtained a summary judgment against the
vendor. Would the counsel for the defendant vendee be
entitled to enforce a charging lien? Explain. (2008 BAR)
A: A charging lien, to be enforceable as security for payment
of attorney’s fees, requires as a condition sine qua non a
judgment for money and execution in pursuance of such
judgment secured in the main action by the attorney in favor
of his client (Metropolitan Bank v. CA, G.R. No. 86100-03;
January 23, 1990). A summary judgment against the vendor
in this case only means that his complaint was dismissed.
This is not a judgment for payment of money; hence, a
charging lien cannot attach. However, if the judgment
should include a money judgment in favor of the vendee on
his counterclaim, a charging lien can properly be enforced.
Q: Upon being replaced by Justice C, Atty. B, the former
counsel of the parents of the victims of the OZONE Disco
tragedy, was directed to forward all the documents in
his possession to Justice C. Atty. B refused, demanding
full compensation pursuant to their written contract.
Sensing that a favorable Judgment was forthcoming,
Atty. B filed a motion in court relative to his attorney’s
fees, furnishing his former clients with copies thereof.
Is Atty. B legally and ethically correct in refusing to turn
over the documents and in filing the motion? Explain.
(1998 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
A: YES. Atty. B is legally and ethically correct in refusing to
turn over the documents. He is entitled to a retaining lien
which gives him the right to retain the funds, documents and
papers of his client which have lawfully come to his
possession until his lawful fees and disbursement have been
paid (Sec. 37, Rule 138. Rules of Court. Rule 16.03, CPR).
Likewise, he is legally and ethically correct in filing a motion
in court relative to his fees. He is entitled to a charging lien
upon all judgments for the payment of money, and
executions issued in pursuance of such judgments, which he
has secured in a litigation of his client, from and after the
time when the records of the court rendering such judgment
or issuing such execution (Ibid.)
Q: Harold secured the services of Atty. Jarencio to
collect from various debtors. Accordingly. Atty. Jarencio
filed collection cases against the debtors of Harold and
in fact obtained favorable Judgments in some. Atty.
Jarencio demanded from Harold his attorney’s fees
pursuant to their agreement, but Harold refused. When
one of the defendants paid his indebtedness of
20,000.00 through Atty. Jarencio, the latter refused to
turn over the money to Harold; instead, Atty. Jarencio
applied the amount to his attorney’s fees having in mind
the provisions of the Civil Code on legal compensation
or set-off to justify his act. Was Atty. Jarencio correct in
refusing to turn over to his client the amount he
collected? Discuss fully. (1995 BAR)
A: A lawyer has a retaining lien which entitled him to retain
possession of a client’s document, money or other property
which come into the hands of the attorney professionally,
until the general balance due him for professional services
is paid. Under Rule 138, Section 37 of the Rules of Court, the
attorney cannot be compelled to surrender the documents
in his possession without prior proof that his fees have been
duly satisfied.
However, Atty. Jarencio here cannot appropriate the sum of
20,000.00. If there is a dispute between him and Harold as
to the amount of the fees that he can collect, he must file an
action for the recovery of his fee or record a charging lien so
that the court can fix the amount to which he is entitled.
FEES AND CONTROVERSIES WITH CLIENTS
(QUANTUM MERUIT)
(2018, 2015, 2014, 2012, 2007, 1998 BAR)
Q:
(a) Explain the doctrine of quantum meruit in
determining the amount of attorney’s fees.
(2018, 2015, 2014, 2007, 1998 BAR)
A: Quantum meruit means as much as the services of a
lawyer are worth. Recovery of attorney’s fees on the basis
of quantum meruit is authorized when:
1. There is no express contract for the payment of
attorney’s fees;
42
 QuAMTO (1987-2022)
2. Although there is a contract, the fees stipulated are
found unconscionable by the court;
3. The contract is void due to formal defects of
execution;
4. The lawyer was not able to finish the case for
justifiable cause;
5. The lawyer and the client disregard the contract for
attorney’s fees; and
6. The client dismissed his counsel or the latter
withdrew, for valid reasons.
(b) Identify the factors to be considered in
determining attorney’s fees on a quantum
meruit basis.
A: The factors are those set in Rule 20.01 of the CPR, as
follows:
1. The time spent and the extent of the services
rendered or required;
2. The novelty and difficulty of the questions
involved;
3. The importance of the subject matter;
4. The skill demanded;
5. The probability of losing other employment as a
result of acceptance of the proffered case;
6. The customary charges for similar services and the
schedule of fees of the ibp chapter to which he
belongs;
7. The amount involved in the controversy and the
benefits resulting to the client from the service;
8. The contingency or certainty of compensation;
9. The character of the employment, whether
occasional or established; and
10. The professional standing of the lawyer.
Q: May a lawyer collect fees for services rendered to his
client despite the absence of an agreement of an
agreement to pay attorney’s fees? (2014 BAR)
A: YES, a lawyer may collect fees for services rendered to
his client in the absence of an agreement, on the basis of
quantum meruit, which means as much amount as his
services are worth. “The basic rule is that when one has
rendered services to another and these services were
accepted by the latter, in the absence of proof that the
services were rendered gratuitously, it is but just that the
recipient should make compensation therefor, pursuant to
well-known and accepted principle of law that no one
should be permitted to enrich himself at the expense of
another”. (Dominguez v. Court of Appeals, [135 SCRA
109]).(UPLC Suggested Answers)
Q: Discuss the propriety of a lawyer filing a suit against
his client concerning his fees. (1998 BAR)
A: Rule 20.04 of the CPR provides that “a lawyer shall avoid
controversies with his clients concerning his compensation
and shall resort to judicial action only to prevent
imposition, injustice or fraud.” The legal profession is not a
43
money- making trade but a form of public service. Lawyers
should avoid giving the impression that they are mercenary.
(Perez v. Scottish Union and National Insurance Co., C.A. No.
8977; 22 Mar. 1946) It might even turn out to be
unproductive for him for potential clients are likely to avoid
a lawyer with a reputation of suing his clients.
CHAMPERTY
(2017, 2000 BAR)
Q: Define champerty. (2017, 2000 BAR)
A: Champerty is any agreement by a lawyer to conduct the
litigation in his own account, to pay the expenses thereof or
to save his client therefrom and to receive as his fee a
portion of the proceeds of the judgment. It is contrary to
public policy as it violates the fiduciary relationship
between the lawyer and his client. (Sps. Cadavedo v. Lacaya,
G.R. No. 173188, 15 Jan. 2014)
Q: A inherited a parcel of land situated in Batasan Hills
which is occupied by informal settlers. He wants to eject
the occupants, but he has no financial means to pursue
the ejectment case. He contracted the services of Atty.
B, who agreed to defray all the expenses of the suit on
the condition that he will be paid 1/2 of the property to
be recovered as his compensation.
What is the kind of attorney’s fees? Can Atty. B enforce
this contract against A? What are the respective
remedies relative to the collection of attorney’s fees, if
any, of A and Atty. B against each other? (2014, 2010,
1988 BAR)
A: This is a champertous fee agreement because Atty. B
agreed to defray all the expenses of the action and will be
paid only if he is successful in recovering A’s property. Atty.
B cannot enforce it because it is contrary to public policy
and the ethics of the legal profession. The remedy of A is to
file an action to have the agreement declared null and void,
or simply to refuse to pay attorney’s fees to Atty. B on the
basis of the said agreement. On the other hand, Atty. B will
still be entitled to collect attorney’s fees on a quantum
meruit basis. He may bring an action to collect such fees.
REFERRAL FEE
(2017, 1994, 1991 BAR)
Atty. Andy and Atty. Valeriano were classmates in law
school. As such, they developed a close friendly
relationship. They agreed that they would refer clients
to each other, and whoever referred clients would
receive a commission or portion of the attorney's fees.
Atty. Andy referred a client to Atty. Valeriano, who
charged the client P100,000.00 as initial attorney's
fees. Thereafter, Atty. Valeriano sent 15% of
P100,000.00, or P15,000.00, to Atty. Andy as the latter's
referral fee. Explain if the agreement on the referral fee
is ethical. (2017 BAR)
U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
A: The agreement on the referral fee is UNETHICAL. Under
Rule 20.02 of Canon 20 of the CPR provides that “a lawyer
shall, in cases of referral, with the consent of the client be
entitled to a division of fees in proportion to the work
performed and responsibility assumed.” There is no such
service rendered in the matter of a referral fee, where a
lawyer shall receive compensation merely for
recommending another lawyer to his client. It smacks of
commercialism.
Q: Deciding a case for malicious prosecution, Judge
Sales awarded attorney's fees and expenses of
litigation, in addition to exemplary damages, to the
plaintiff. (1994 BAR)
(a) Did the judge act within his discretion in
awarding attorney's fees?
A: A party may recover attorney's fees in cases of malicious
prosecution against him in an action for damages against
the party responsible therefore. (Art. 2208 (3), Civil Code)
But he must prove not only that he was acquitted in the
criminal action, but that the person who charged him
knowingly made a false statement of facts to induce the
prosecutor to prosecute or that the institution of the
criminal action was prompted by a sinister design to vex or
humiliate him and to cast upon him dishonor and disgrace.
(b) As counsel for the plaintiff, are you entitled to
receive the attorney's fees thus awarded in
addition to your stipulated legal fees?
A: NO. Attorney’s fees in the concept or as an item of
damages is an indemnity for damages sustained by the
client and belongs to him.
Q: A, after taking his oath as a lawyer in 1985, was
maliciously charged with the crime of seduction by
Amor, his former girlfriend. Her parents instigated the
filing of the case. A appeared for and defended himself.
In the decision acquitting him, the court explicitly
stated that he was a victim of malicious prosecution. A
then filed a complaint for damages and attorney’s fees
against Amor and her parents. A likewise appeared for
himself in the case. Can she recover attorney’s fees?
(1991 BAR)
A: NO. Attorney A is not entitled to attorney's fees. He may,
however, be entitled to attorney’s fees in the form of
damages upon proof of bad faith of the defendant and a
definite ruling be made by the court on the claim.
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
CANON 21
(2017, 2013, 2012, 2011, 2009, 2008, 1999, 1998,
1988, 1987 BAR)
PROHIBITED DISCLOSURES AND USE
(2017, 2013, 2009, 2008, 1999 BAR)
Q:
(a) Brando & Luzon Law Office had a retainer
agreement with Gregory, a businessman with
shady connections. Gregory was recently
charged in the RTC in Manila with money
laundering in relation to an illegal drugs
syndicate using Cable Co., his holding company,
as its money-laundering conduit. The members
of the Brando & Luzon Law Office assigned to
handle Gregory's account, including yourself,
were implicated in the money laundering case
for their role in the incorporation of Cable Co.
and in the active management of its business
affairs. In a bid to fortify the case against
Gregory and the others, the public prosecutor
approaches you (as the least guilty person who
will qualify for a discharge as a state witness)
and offers to make you a state witness. Should
you accept the offer? Explain your answer.
(2017, 2013 BAR)
A: NO. The information acquired involving the criminal case
against Gregory is covered by the privileged
communications rule. Rule 15.02 of the CPR provides that “a
lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him by a
prospective client.” There being a lawyer-client relationship
between the parties, the lawyer cannot serve as a state
witness and disclose the information obtained from his
client.
(b) Under the facts of the preceding question,
assume that you had resigned from the Brando
& Luzon Law Office prior to the filing of the
money laundering case against Gregory and the
others, and that you were not implicated in the
case. However, you had assisted in handling the
Cobra Co. account during your time with the law
firm. Cobra Co. was largely owned by Cable Co.
The public prosecutor handling the case against
Gregory and the others asks you, as a former
member of the Brando & Luzon Law Office, to
help strengthen the case for the Government,
and hints that you may be implicated in the case
if you do not cooperate. What is your legal and
ethical course of action? Explain your answer.
A: I will decline to testify against the defendants and to
provide evidence in the case as the attorney-client privilege
lasts even beyond the termination of the relationship. The
fact that I am no longer a member of Brando & Luzon Law
Office, raises the probability that the questions that may be
44
 QuAMTO (1987-2022)
asked of me will refer to crimes already committed at the
time they were communicated to me. As such, they are
covered by the mantle of privileged communication, and I
will refuse to become a state witness. (UPLC Suggested
Answers)
Q: Atty. Miriam rents her office space in a building
owned by Winston. Eventually, Atty. Miriam became
Winston's regular legal counsel. Because of their good
relationship, Atty. Miriam did not hesitate to borrow
money from Winston. Atty. Miriam issued postdated
checks covering the interest of her loans.
Unfortunately, Atty. Miriam failed to pay her
obligations to Winston. Her postdated checks with
Winston also bounced. Hence, he filed a criminal case
for violation of the Bouncing Checks Law against her.
In her counter-affidavit, Atty. Miriam averred that
Winston was "a businessman who is engaged in the real
estate business, trading and buy and sell of deficiency
taxed imported cars, shark loans and other shady deals
and has many cases pending in court."
Hurt by the allegations, Winston filed a disbarment
complaint against Atty. Miriam arguing that her
allegations in the counter-affidavit constituted a breach
of their confidential lawyer-client relationship.
Discuss whether or not the disclosures in Atty. Miriam's
counter-affidavit constitute a breach of fidelity towards
her client. (2017 BAR)
A: The disclosures in Atty. Miriam’s affidavit does not
constitute a breach of fidelity towards her client Winston.
Canon 21, Rule 21.01 of the CPR provides that a lawyer shall
not reveal the confidences or secrets of his clients except
when “necessary to defend himself, his employee or
associates or by judicial action.” By filing a complaint
against his attorney, a client waives the attorney-client
privilege in favor of his lawyer who may disclose or use so
much of his client’s confidences as may be necessary to
protect himself. In Genato v. Silapan, the Court held that the
privilege against disclosure of confidential communications
or information is limited only to communications which are
legitimately and properly within the scope of a lawful
employment of a lawyer; it does not extend to those made
in contemplation of a crime or perpetuation of a fraud.
However, the disclosures in Atty. Miriam’s counter-affidavit
do not seem to be necessary to protect herself in the
criminal case filed against her. (Genato v. Atty. Silapan, A.C.
No. 4078, 14 July 2003)
ALTERNATIVE ANSWER: The disclosures made by Atty.
Miriam constitutes a breach of fidelity towards her client,
Winston. While it is true that an exception to the
confidentiality rule, or an instance where the lawyer could
divulge the secrets of his client learned during the
professional engagement is when such confidential
information is used to defend the lawyer. (Rule 21.01, Canon
21, CPR) The disclosures made by Atty. Miriam does fall
45
within the aforesaid exceptions because the statements
made in the counter-affidavit are irrelevant to her defense
in the criminal case filed against her for violation of the
Bouncing Checks Law.
Q: When Atty. Romualdo interviewed his client, Vicente,
who is accused of murder, the latter confessed that he
killed the victim in cold blood. Vicente also said that
when he takes the witness stand, he will deny having
done so. Is Atty. Romualdo obliged, under his oath as
lawyer, to inform the judge that his client is guilty?
(2009 BAR)
A: Atty. Romualdo cannot reveal to the judge that Vicente is
guilty. He is bound to keep what Vicente told him in
confidence, because that is an admission of a crime already
committed.
Q: Christine was appointed counsel de officio for Zuma,
who was accused of raping his own daughter. Zuma
pleaded not guilty but thereafter privately admitted to
Christine that he did commit the crime charged. Can
Christine disclose the admission of Zuma to the court?
Why or why not? (2008 BAR)
A: Christine cannot disclose the admission of Zuma to the
Court. If she does so, she will violate her obligation to
preserve confidences or secrets of her client. (Canon 21,
Rule 21.02, CPR) The privileged communication between
lawyer and client may be used as a shield to defend crimes
already committed.
Q: A, who is charged in Court with estafa for
misappropriating funds entrusted to him by B,
consulted Atty. C about the case with the intention of
engaging his services as defense counsel. Because A
could not afford to pay the fee that Atty. C was charging
him, A engaged the services of another counsel, Atty. D.
At the trial of the case for estafa against A the
prosecutor announced in open court that his next
witness was Atty. C. whom he was calling to the witness
stand.
Counsel for A, Atty. D, vigorously opposed the
prosecutor's move on the ground that Atty. C may not
be called as a witness for the prosecution as he might
disclose a would-be client's confidence and secret.
Asked by the presiding Judge what would be the nature
of Atty. C's testimony, the prosecutor answered it has
something to do with how A obtained from B the funds
that the latter received from the former but failed to
account for. Thereupon, Atty. A vigorously opposed the
prosecutor's motion. If you were the Judge, how would
you rule on the matter? (1999 BAR)
A: If I were the judge, I will not allow Atty. C to take the
witness stand. When A consulted Atty. C about his case, a
lawyer-client relationship was established between them. It
does not matter that A did not eventually engage his
services because of his fees; such relationship has already
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been created (Hilado v. David, G.R. No. L-961, 21 Sept. 1949).
A lawyer shall be bound by the rule on privileged
communication in respect to matters disclosed to him by a
prospective client. (Rule 15.02, CPR) The rule on privileged
communication provides that an attorney cannot, without
the consent of his client, be examined as to any
communication made by the client to him (Sec. 21(b), Rule
130, Rules of Court). The prosecutor has announced that
Atty. C will be asked about how A obtained from B the funds
that he failed to account for. Atty. C's knowledge of such
matter could have come only from A.
COMMENT: There seems to be a typographical error in the
last sentence which refers to Atty. A. Perhaps, the examiner
intended to refer to simply A or to his counsel Atty. D. It is
recommended that the use by the candidate of Atty. A
should not detract from the appreciation of his answer.
DISCLOSURE, WHEN ALLOWED
(2013, 2009, 1998, 1988, 1987 BAR)
Q: Atty. Serafin Roto is the Corporate Secretary of a
construction corporation that has secured a multi-
million infrastructure project from the government. In
the course of his duties as corporate secretary, he
learned from the company president that the
corporation had resorted to bribery to secure the
project and had falsified records to cut implementing
costs after the award of the project. The government
filed a civil action to annul the infrastructure contract
and has subpoenaed Atty. Roto to testify against the
company president and the corporation regarding the
bribery. Atty. Roto moved to quash the subpoena,
asserting that lawyer-client privilege prevents him
from testifying against the president and the
corporation. Resolve the motion to quash. (2013 BAR)
A: The Motion to Quash should be denied because Atty. Roto
did not learn of the bribery and falsification in connection
with a lawyer-client relation. Being a corporate secretary
does not create a lawyer-client relation because
membership to the Bar is not a requirement to perform the
functions of a corporate secretary. Consequently, Atty. Roto
does not owe any obligation of confidentiality to the
corporation.
Atty. Roto may be compelled to testify. As an officer of the
court, a “lawyer shall exert every effort and consider it his
duty to assist in the speedy and efficient administration of
justice.” (Canon 12, CPR) Furthermore, “a lawyer owes
candor, fairness and good faith to the court.” (Canon 10,
CPR)
ALTERNATIVE ANSWER: The Motion should be granted. It
is true that being a corporate secretary does not necessarily
constitute a lawyer-client relationship. However, Atty. Roto
may be considered in the practice of law if part of his duties
as a corporate secretary is to give legal advice to or prepares
legal documents for the corporation. Thus, a lawyer-client
relationship may have been constituted between Atty. Roto
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and the corporation. Consequently, it is his duty as an
attorney “to maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his client.” (Sec.
20(e), Rule 138, Rules of Court, paraphrasing and
arrangement supplied)
Atty. Roto learned from the company president of the
bribery and falsification, while Atty. Roto was in the course
of his performance of his duties as corporate secretary.
Thus, he could not be examined on that matter without the
consent of his client. (Ibid., Sec. 24(b), Rule 130) (UPLC
Suggested Answers)
Q: When Atty. Romualdo interviewed his client, Vicente,
who is accused of murder, the latter confessed that he
killed the victim in cold blood. Vicente also said that
when he takes the witness stand, he will deny having
done so. Is Atty. Romualdo obliged, under his oath as
lawyer, to inform the judge that (b) his client will
commit perjury on the witness stand? Explain. (2009
BAR)
A: Atty. Romualdo can reveal to the judge that Vicente will
commit perjury on the witness stand. This is already a
revelation of a crime still to be committed, and that lies
outside the mantle of privileged communication.
ALTERNATIVE ANSWER: NO, Atty. Romualdo cannot
reveal to the judge that Vicente will commit perjury because
it will indirectly reveal the client’s confession. A lawyer can
counsel his client to not proceed with the perjured
testimony; if the client insists, the lawyer can withdraw.
(Rule 19.02 & 22.01, CPR)
Q: A mayor charged with Homicide engaged your
services as his lawyer. Since there is only one witness to
the incident, the mayor disclosed to you his plan to kill
the lone witness through a contrived vehicular
accident. (1998 BAR)
(a) What are the moral and legal obligations of an
attorney to the mayor and to the authorities?
A: It is the duty of an attorney to divulge the
communication of his client as to his announced intention
to commit a crime to the proper authorities to prevent the
act or to protect the person against whom it is threatened.
(b) Should the killing push through and you are
certain that the mayor is the one responsible,
are you under obligation to disclose to the
authorities what was confided to you? Is this
not a privileged communication between client
and attorney?
A: Public policy and the lawyer's duty to counsel obedience
to the law forbid that an attorney should assist in the
commission of a crime or permit the relation of attorney
and client to conceal a wrongdoing. He owes it to himself
and to the public to use his best efforts to restrain his client
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 QuAMTO (1987-2022)
from doing any unlawful act and if, notwithstanding his
advice, his client proceeds to execute the illegal deed, he
may disclose it or be examined as to any communication
relating thereto. There is privileged communication only as
to crimes already committed before its communication to
the lawyer.
Q: In a prosecution for murder against a ranking army
officer, the latter engaged the services of Atty. Carlos
Malilin, a well- known trial lawyer, to whom the officer
in one of their conferences disclosed a plan to
“eliminate” or “salvage”— i.e., kill or otherwise cause to
disappear— the only witness, a fellow military officer,
through a contrived traffic or highway accident. (1988,
1987 BAR)
(a) What are the legal and moral obligations of Atty.
Carlos Malilin to his client and to the
authorities, under the given circumstances?
A: Attorney Malilin has the moral and legal obligation to
advise the army officer not to execute his plan. If the
accused army officer does not abide by his advice, Atty.
Malilin should withdraw from the case.
(b) Should the planned “accident” take place and
the only witness for the prosecution be killed as
a result, is Atty. Carlos Malilin under any
obligation to disclose to the authorities the plan
that his client had mentioned to him as above
mentioned? Reasons.
A: Atty. Malilin has the obligation to testify in said case if he
is called upon by the Court to do so. The obligation of the
lawyer to keep the secrets of his client obtained in the
course of his employment covers only lawful purposes.
CANON 22
(2018, 2017, 2015, 2014, 2013, 2012, 2011, 2004,
1998, 1997, 1994, 1989, 1988 BAR)
Q: Give three instances when a lawyer is allowed to
withdraw his/her services. (2015, 1997, 1988 BAR)
A: Any three of the following:
1. When the client pursues an illegal or immoral course
of conduct in connection with the matter he is
handling;
2. When the client insists that the lawyer pursue
conduct violative of these canons and rules;
3. When his inability to work with co-counsel will not
promote the best interest of the client;
4. When the mental or physical condition of the lawyer
renders it difficult for him to carry out the
employment effectively;
5. When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer
agreement;
6. When the lawyer is elected or appointed to a public
47
office;
OTHER SIMILAR CASES
(2018, 2017, 2014, 2013, 2012, 2004, 1998, 1994,
1989 BAR)
Q: State the rule on (a) the right of the client to dismiss
his lawyer and (b) the prerogative of a lawyer to
withdraw as counsel. (2018, 1998,1994, 1989 BAR)
(a) The right of the client to dismiss his lawyer
A: A client has the right to dismiss his lawyer at any time,
with or without just cause. The existence or non-existence
of just cause is material only for determining the right of the
lawyer to compensation for services rendered. The client's
right to terminate the lawyer's services springs from the
strictly personal and highly confidential nature of the
relationship between the lawyer and the client. Once the
client loses confidence in his lawyer, he has the right to
dismiss him.
(b) The prerogative of a lawyer to withdraw as
counsel
A: On the other hand, the lawyer does not have an
unqualified right to withdraw as counsel. As an officer of the
court, he may not withdraw or be permitted to withdraw as
counsel if such withdrawal will work injustice to a client or
frustrate the ends of justice. A lawyer may withdraw at any
time with his client's written consent. Without such
consent, he may withdraw his services only for good cause
and upon notice appropriate in the circumstances (Canon
22, CPR).
Q: Atty. Jessa was the counsel for Mr. Nolan, a
cantankerous millionaire, in the latter's personal case.
Soon after the case was submitted for decision, Mr.
Nolan withdrew the files from Atty. Jessa and informed
her that he was engaging another lawyer. On that same
day, a copy of the decision in the case was received by
Atty. Jessa but she did not do anything anymore with
the decision. She did not also file a withdrawal of her
appearance. Mr. Nolan's new counsel did not file any
notice of his appearance. By the time Mr. Nolan found
out about the adverse decision, his period to appeal had
lapsed. Was the service of the decision on Atty. Jessa
still effective? Explain your answer. (2017, 2012 BAR)
A: YES. The service of decision to Atty. Jessa is still effective.
Atty. Jessa is still considered the counsel of record until her
withdrawal of appearance has been actually filed and
granted.
Q: B hired Atty. Z to file a replevin case against C for an
agreed acceptance fee of P30,000.00 which was
evidenced by a written contract. After the complaint
was filed by Atty. Z, B terminated his services and hired
a new lawyer for the same amount of attorney’s fees.
How much attorney’s fees is Atty. Z entitled? (2014
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
BAR)
A: Atty. Z is entitled to the entire amount of the attorney’s
fees agreed upon because his services were terminated by
the client without just cause. (Sec. 26, Rule 138, Rules of
Court)
Q: Atty. Bravo represents Carlos Negar (an insurance
agent for Dormir Insurance Co.) in a suit filed by
insurance claimant Andy Limot who also sued Dormir
Insurance. The insurance policy requires the insured or
claimant to give a written notice to the insurance
company or its agent within 60 days from the
occurrence of the loss.
Limot testified during the trial that he had mailed the
notice of the loss to the insurance agent but admitted
that he lost the registry receipt so that he did not have
any documentary evidence of the fact of mailing and of
the timeliness of the mailed notice. Dormir Insurance
denied liability, contending that the timely notice had
not been given either to the company or its agent. Atty.
Bravo’s client, agent Negar, testified and confirmed that
he never received any notice.
A few days after Negar testified, he admitted to Atty,
Bravo that he had lied when he denied receipt of
Limot’s notice, he did receive the notice by mail but
immediately shredded it to defeat Limot’s claim.
If you were Atty. Bravo, what would you do in light of
your client’s disclosure that he perjured himself when
he testified? (2013 BAR)
A: If I were Atty. Bravo, I shall promptly call upon Carlo
Negar, my client, to rectify his perjured testimony by
recanting the same before the court. Should he refuse or fail
to do so I shall then terminate my relationship with him
(Canon 19, Rule 19.02, CPR) stating that with his having
committed perjury he pursued an illegal conduct in
connection with the case (Canon 22, Rule 22.01, CPR). Since
my client Limot refuses to forego the advantage thus
unjustly gained as a result of his perjury, I should promptly
inform the injured person or his counsel, so that they may
take the appropriate steps. (Canon 14, Canons of
Professional Ethics)
Finally, as part of my duty to do no falsehood, nor consent
to the doing of any in court (CPR, Canon 10, Rule 10.01, and
the Attorney’s Oath). I shall file a manifestation with the
court attaching thereto the notice of termination as Limot’s
counsel.
Q: On the eve of the initial hearing for the reception of
evidence for the defense, the defendant and his counsel
had a conference where the client directed the lawyer
to present as principal defense witnesses two persons
whose testimonies were personally known to the
lawyer to have been perjured. The lawyer informed his
client that he refused to go along with the unwarranted
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2023 GOLDEN NOTES
course of action proposed by the defendant. But the
client insisted on his directive, or else he would not pay
the agreed attorney’s fees. When the case was called for
hearing the next morning, the lawyer forthwith moved
in open court that he be relieved as counsel for the
defendant. Both the defendant and the plaintiff’s
counsel objected to the motion.
Under the given facts, is the defense lawyer legally
justified in seeking withdrawal from the case? Why or
why not? Reason briefly. (2004 BAR)
A: YES, he is justified. Under Rule 22.01 of the CPR, a lawyer
may withdraw his services "if the client insists that the
lawyer pursue conduct violative of these canons and rules".
The insistence of the client that the lawyer present
witnesses whom he personally knows to have been
perjured, will expose him to criminal and civil liability and
violate his duty of candor, fairness, and good faith to the
court.
DUTIES OF LAWYERS IN CASE OF DEATH OF PARTIES
REPRESENTED
(2017 BAR)
Q: The plaintiff died during the pendency of the case in
the RTC. If you were the counsel of the plaintiff, what is
the last duty you need to discharge on behalf of the late
client before your professional engagement for the case
may be deemed terminated? Explain briefly your
answer. (2017 BAR)
A: Where the claim is not extinguished due to the death of
my client, my last duty to him shall be to inform the court in
which his case is pending, within 30 days after such death,
and to give the name and address of his legal representative
or representatives. (Rule 3, Sec. 16(1), Rules of Court)
C. SUSPENSION, DISBARMENT AND DISCIPLINE
OF LAWYERS
Rule 139-B, Rules of Court
(2018, 2017, 2015, 2014, 2012, 2011, 2010, 2004,
2002 BAR)
Q: Atty. Claire Cortez, a member of the Philippine Bar
who was also admitted to the New York Bar, was
disbarred from the practice of law in New York for
violation of Anti-Money Laundering laws of that State.
She returned to the Philippines in order to resume her
Philippine law practice. Can she also be disbarred from
practicing law in the Philippines for the same infraction
committed in the foreign jurisdiction? (2018 BAR)
A: YES, she can, if the ground for which she was disbarred
in New York is also a ground for disbarment in the
Philippines. But she is entitled to due process and she can
be disbarred here only after notice and hearing. The
48
 QuAMTO (1987-2022)
disbarment decision in New York will only constitute prima the Bar. In his defense, Atty. Calumpang asserted that,
facie evidence of her guilt (In re: Maquera 435 SCRA 417 since the acts complained of took place more than 10
[2004]) (UPLC Suggested Answers) years ago, the case had already prescribed. Rule on the
defense of Atty. Calumpang. (2018 BAR)
1. NATURE AND CHARACTERISTICS OF DISCIPLINARY
ACTIONS AGAINST LAWYERS A: I would rule against Atty. Calumpang. A disbarment
(2018, 2017, 2014, 2012, 2011, 2010, 2004, 2002, proceeding is imprescriptible. Unlike other proceedings, it
2000 BAR) is not subject to the defense of prescription. The ordinary
statutes of limitations have no application to disbarment
proceedings. However, an unexplained long delay in the
Q: Alleging that Atty. Malibu seduced her when she was
filing of an administrative case creates suspicion on the
only 16 years old, which resulted in her pregnancy and
motives of the complainant. (UPLC Suggested Answers)
the birth of a baby girl, Miss Magayon filed a complaint
for his disbarment seven years after the alleged
Q: Is the defense of Atty. R in a disbarment complaint for
seduction was committed. Atty. Malibu contended that,
immorality filed by his paramour P that P is in pari
considering the period of delay, the complaint filed
delicto material or a ground for exoneration? Explain.
against him can no longer be entertained much less
(2010 BAR)
prosecuted because the alleged offense has already
prescribed. Is Atty. Malibu’s contention tenable or not?
A: The defense of in pari delicto is immaterial in an
Reason briefly. (2018, 2017, 2004 BAR)
administrative case which is sui generis. The administrative
case is about the lawyer’s conduct, not the woman’s (Po
A: NO. Atty. Malibu’s contention is not tenable. The ordinary
Cham v. Pizarro, A.C. NO. 5499, August 16, 2005)
statute of limitations has no application to disbarment
proceedings. (Calo v. Degamo, A.C. No. 516, 27 June 1967)
Q: Arabella filed a complaint for disbarment against her
estranged husband Atty. P on the ground of immorality
Disciplinary proceedings against lawyers are sui generis.
and use of illegal drugs. After Arabella presented
They are neither civil nor criminal proceedings. Its purpose
evidence and rested her case before the Investigating
is not to punish the individual lawyer but to safeguard the
Commissioner of the IBP Committee on Bar Discipline,
administration of justice by protecting the court and the
she filed an Affidavit of Desistance and motion to
public from the misconduct of lawyers and to remove from
dismiss the complaint, she and her husband having
the profession of law persons whose disregard of their oath
reconciled for the sake of their children. You are the
of office proves them unfit to continue discharging the trust
Investigating Commissioner of the IBP. Bearing in mind
reposed in them as members of the bar. Unlike ordinary
that the family is a social institution which the State is
proceedings, it is not subject to the defense of prescription.
duty bound to preserve, what will be your action on
Arabella’s motion to dismiss the complaint? (2010
ALTERNATIVE ANSWER: NO. Atty. Malibu’s defense of
BAR)
prescription is not justified. Disbarment is imprescriptible.
In addition, administrative proceedings against a lawyer are
A: I would still deny the motion to dismiss. The general rule
sui generis, being neither civil nor criminal action. The
is that “no investigation shall be interrupted or terminated
ordinary statutes of limitation have no application to
by reason of the desistance, settlement, compromise,
disbarment proceedings. (Calo Jr. v. Degamo, A.C. No. 516,
restitution, withdrawal of the charges or failure of the
1967) The purpose of such proceedings is not to punish the
complainant to prosecute the same unless the Supreme
individual lawyer but to safeguard the administration of
Court motu proprio or upon recommendation of the IBP
justice by protecting the court and the public from the
Board of Governors determines that there is no compelling
misconduct of lawyers and to remove from the profession
reason to continue with the proceedings. An administrative
of law persons whose disregard of their oath of office proves
investigation of a lawyer is sui generis, neither a civil nor
them unfit to continue charging the trust reposed in them
criminal proceeding. An affidavit of desistance has no place
as members of the bar.
in it.

Q: From February to November 2004, Atty. Calumpang,

Q: A proceeding for disbarment is considered sui
in fraudulent connivance with brokers, convinced
generis, explain briefly, giving at least five (5) reasons
Corinna to deliver to him advance money for the titling
in support of your answer. (2002 BAR)
of a beachfront property in Caramoan. Six months had
elapsed and Atty. Calumpang had made absolutely no
A: A disbarment proceeding is sui generis or a class by itself,
progress in the titling of the land. He also could not
because of the following reasons:
return the advance money paid by Corinna because he
had converted the money to his personal use. After
a. It is neither a civil nor a criminal proceeding;
almost a decade, and the property could still not be
b. Double jeopardy cannot be availed of as a defense;
titled in Corinna’s name, she filed an action with the
c. can be initiated motu proprio by the Supreme Court
Commission on Bar Discipline (CBD) in 2014 for deceit,
or by the IBP;
malpractice, and conduct unbecoming of a member of

49 U N IV E R S I T Y O F S A N T O T O M A S
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d. It can proceed regardless of interest or lack of
interest of the complainant;
e. It is imprescriptible;
f. It is confidential;
g. It is in itself due process.
Q: C filed a verified administrative complaint against
Atty. D. In the course of the investigation, C presented
an affidavit of desistance which she identified on the
witness stand. What course of action should the
investigator take? Explain. (2000 BAR)
A: The investigator should continue with the investigation.
A disbarment proceeding is sui generis, neither a civil nor
criminal action. As such, a desistance by the complainant is
unimportant. The case may proceed regardless of interest
or lack of interest of the complainant (Rayos-Ombac v.
Rayos, A.C. No. 2884, January 28, 1998). If the evidence on
record warrants, the respondent may be suspended or
disbarred regardless of the desistance of the complainant.
Of course, if the complainant refuses to testify and the
charges cannot then be substantiated, the court will have no
alternative but to dismiss the case.
2. GROUNDS
(2018, 2015, 2014, 2012, 2010, 2009, 2006, 2004,
2002, 1992, 1989 BAR)
Q: What are the grounds for disbarment or suspension
from office of an attorney? (2015 BAR)
A: Under Sec. 27, Rule 138, the grounds for suspension or
disbarment of a lawyer are “any deceit, malpractice, or
other gross misconduct in such office, grossly immoral
conduct, or by reason of conviction of a crime involving
moral turpitude, or for any violation of the oath which he is
required to take before admission to practice, or for a
willful disobedience appearing as an attorney for a party or
to a cause without authority to do so.” The practice of
soliciting cases for the purposes of gain, either personally
or through paid agents or brokers constitutes malpractice.
Q: Atty. Forma is a member of the Philippine Bar. He
went to New York City, took the New York State Bar, and
passed the same. He then practiced in New York City.
One of his American clients filed a case for disbarment
against him for pocketing the money which was
entrusted to him as payment for the filing fee and other
incidental expenses of his damage suit. Atty. Forma was
later disbarred for dishonesty. Disheartened, Atty.
Forma came back to the Philippines and practiced as a
lawyer. Will his disbarment in New York be used
against him for purposes of disbarment proceedings
here in the Philippines? (2018, 2014, 2006, 2002 BAR)
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2023 GOLDEN NOTES
A: Atty. Forma may be disbarred in the Philippines if the
ground for his disbarment in New York is also a ground for
disbarment in this country. But he is still entitled to due
process of law, and the foreign court’s judgment against him
only constitutes prima facie evidence of unethical conduct
as a lawyer. He is entitled to be given an opportunity to
defend himself in an investigation to be conducted in
accordance with Rule 139 of the Revised Rules of Court (In
Re: Suspension from the Practice of Law in the Territory of
Guam of Atty. Leon Maquera, B.M. 793, 30 July 2004; Velez v.
De Vera, A.C. No. 6697, 25 July 2006)
Q: Cliff and Greta were law school sweethearts. Cliff
became a lawyer, but Greta dropped out. One day, Cliff
asked Greta to sign a marriage contract. The following
day, Cliff showed Greta the document already signed by
an alleged solemnizing officer and two witnesses. Cliff
then told Greta that they were already married, and
Greta consented to go on a honeymoon. Thereafter, the
couple cohabited and begot a child. Two years later,
Cliff left Greta and married a Venezuelan beauty.
Incensed, Greta filed a disbarment complaint against
Cliff. Will the case prosper? Explain. (2009 BAR)
A: The disbarment case will prosper. In the case of Cabrera
v. Agustin (G.R. No. L-225, September 30, 1959), a lawyer who
deceived a woman to believe that they were already married
after they had signed an application for a marriage license,
and afterwards took advantage of her belief to satisfy his
lust, until she bore him a child, was considered by the
Supreme Court to be lacking in integrity and good moral
character to remain a member of the bar.
Q: Atty. Walasunto has been a member of the Philippine
Bar for 20 years but has never plied his profession as a
lawyer. His sole means of livelihood is selling and
buying real estate. In one of his transactions as a real
estate broker, he issued a bouncing check. He was
criminally prosecuted and subsequently convicted for
violating B.P. Big. 22. In the disbarment proceedings
filed against him, Atty. Walasunto contended that his
conviction for violation of B.P. Big. 22 was not a valid
ground for disciplinary action against a member of the
bar. He further argued that his act in issuing the check
was done in relation to his calling as a real estate
broker and not in relation to the exercise of the
profession of a lawyer. Are the contentions of Atty.
Walasunto meritorious? Reason. (2004, 1992 BAR)
A: NO. His contentions are not meritorious. Firstly, a ground
for disbarment is a conviction of a crime involving moral
turpitude (Sec. 27, Rule 138, Rules of Court), and it involves
the violation of B.P. 22 (People v. Tuanda, A.M. No. 3360,
January 30, 1990). Secondly, Rule 7.03 of the CPR provides
that “a lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he, whether
in public or private life, behave in a scandalous manner to
the discredit of the legal profession.” Additionally, Rule 1.01
of the same Code provides that “a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct."
50
 QuAMTO (1987-2022)
Q: The agreement between the estranged husband and
wife provided for, among others, the liquidation of the
conjugal partnership of gains, custody of the children,
and support for the children. In the same agreement,
the couple waived the right to prosecute each other for
bigamy, adultery, concubinage, and whatever acts of
infidelity. There was also a condonation provision. The
agreement was prepared and notarized by a lawyer
who was the best man at the wedding. What are the
liabilities, if any, of the lawyer? Explain your answer.
(1989 BAR)
A: The document executed by the spouses is immoral and
contrary to law. The lawyer who drafted and notarized all
said documents committed a malpractice and can be
disbarred or suspended. Although the principal duty of the
notary public is to ascertain the identity of the parties and
the voluntariness of the declaration, it is nevertheless
incumbent upon him to guard against any illegal or immoral
agreement.
3. PROCEEDINGS
Rule 139-B of the Rules of Court, as amended
(2019, 2018, 2014, 2011, 2010, 2009, 2006, 2004,
2003, 2002, 1999, 1998, 1994, 1993, 1990 BAR)
Q: Atty. Celso Casis’ relationship with Miss Cory Cerrada
began when he represented her in several criminal
cases for estafa and violation of B.P. 22. His expertise
and diligence in personally assisting and facilitating her
release on bail and other legal actions saved her from
many legal predicaments. Despite her initial resistance,
Miss Cerrada, convinced by Atty. Casis’ sincerity and
representation that he was separated from his wife and
was taking necessary steps for the annulment of his
marriage began to live with him openly as husband and
wife.
One day, Atty. Casis’ wife suddenly entered Miss
Cerrada’s home and assaulted her, inflicting injuries.
Miss Cerrada then filed a complaint with the IBP
charging Atty. Casis with gross immorality and gross
misconduct. However, shortly afterward, upon Atty.
Casis’ pleas, Miss Cerrada filed a motion to withdraw the
complaint. The IBP had required Atty. Casis to file an
Answer, but he did not do so, relying on Miss Cerrada’s
withdrawal of the complaint against him. Can the IBP
continue to investigate Atty. Casis and recommend the
imposition of sanctions against him, and for the Court to
impose sanctions, if warranted, notwithstanding Miss
Cerrada’s filing of the motion to withdraw the
complaint against him? (2018 BAR)
A: YES. The IBP can continue to investigate Atty. Casis. A
disbarment proceeding is sui generis, neither a civil nor a
criminal action. Not being a civil action, the complainant is
not a plaintiff nor the respondent a defendant. It involves no
private interest and affords no redress for private
grievances. On the other hand, disciplinary action is an
investigation by the court into the misconduct of its officer
51
or an examination of his character. Desistance or
withdrawal of the disbarment case does not exonerate the
respondent. If the evidence on record warrants, the
respondent may be suspended or disbarred despite the
resistance of the complainant or his withdrawal of the
charges (Rayos-Ombac v. Rayos, A.C. No. 2884, 28 Jan. 1988)
(UPLC Suggested Answers)
Q: Atty. D was required by Judge H of the RTC of Manila
to show cause why he should not be punished for
contempt of court for shouting invectives at the
opposing counsel and harassing his witness. Assuming
that there was sufficient cause or ground, may Judge H
suspend Atty. D from the practice of law? If Judge H
finds that the actuation of Atty. D is grossly unethical
and unbecoming of a member of the bar, may Judge H
disbar Atty. D instead? Explain your answer. (2014
BAR)
A: Under Sec. 28, Rule 138 of the Rules of Court, a Regional
Trial Court may suspend a lawyer from the practice of law
for any of the causes provided in Sec. 27 until further action
of the Supreme Court. But it may not disbar him, for only the
Supreme Court can disbar a lawyer pursuant to its
constitutional power to admit persons to the practice of law.
Q: Atty. Hyde, a bachelor, practices law in the
Philippines. On long weekends, he dates beautiful
actresses in Hong Kong. Kristine, a neighbor in the
Philippines, filed with the Supreme Court an
administrative complaint against the lawyer because of
sex videos uploaded through the internet showing Atty.
Hyde’s sordid dalliance with the actresses in Hong
Kong. In his Answer, Atty. Hyde (1) questions the legal
personality and interest of Kristine to institute the
complaint and (2) insists that he is a bachelor, and the
sex videos relate to his private life, which is outside
public scrutiny and have nothing to do with his law
practice. Rule on the validity of Atty. Hyde’s defenses.
(2009 BAR)
(a) legal personality and interest of Kristine in
instituting the complaint.
A: The legal personality and interest of Kristine to initiate
the complaint for disbarment is immaterial. A disbarment
proceeding is sui generis, neither a civil nor a criminal
proceeding. Its sole purpose is to determine whether a
lawyer is still deserving to be a member of the bar. In a real
sense, Kristine is not a plaintiff; hence, interest on her part
is not required.
(b) he is a bachelor, and the sex videos relate to his
private life, which is outside public scrutiny and
has nothing to do with his law practice.
A: Atty. Hyde’s second defense is untenable. His duty not to
engage in unlawful, dishonest, immoral, and deceitful
conduct under Rule 1.01 of the CPR, as well as his duty not
to engage in scandalous conduct to the discredit of the legal
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profession under Rule 7.03, is applicable to his private as
well as to his professional life.
Q: A disbarment complaint against a lawyer was
referred by the Supreme Court to a Judge of the
Regional Trial Court for investigation, report, and
recommendation. On the date set for the hearing of the
complaint, the Judge had the case called for trial in open
court and proceeded to receive evidence for the
complainant. What would you have done if you were the
counsel for the respondent-lawyer? Why? Reason
briefly. (2004 BAR)
A: I would object to the holding of a trial in public.
Disciplinary proceedings against an attorney are
confidential in nature until its termination. The professional
success of a lawyer depends almost entirely on his good
reputation. If that is tarnished, it is difficult to restore the
same (Ibanez v. Vina, A.C. No. 1648, September 26, 1981). To
avoid the unnecessary ruin of a lawyer’s name, disbarment
proceedings are directed to be confidential until their final
determination. (Sec. 18, Rule 139-B, Rules of Court)
Q: Y hired Attorney X to represent him in a collection
case he filed against Z. The parties later agreed to settle
the case, and Z turned over to Attorney X the amount of
P25,000.00 as a partial settlement of his obligation.
Attorney X kept the money. Y, upon learning of Attorney
X’s action, filed a disbarment case against the latter
before the Supreme Court, which in turn, referred the
case to the Integrated Bar of the Philippines for
investigation, report, and recommendation.
The IBP Commissioner tasked to investigate the case
reviewed all the pleadings submitted by Y and Attorney
X and their respective witnesses and promptly made a
report recommending that Attorney X be suspended for
six months. The IBP Board of Governors adopted the
recommendation of the Investigating Commissioner.
Attorney X assailed his suspension on the ground of
impingement on his right to due process. Is Attorney X's
contention sustainable? Explain. (2003 BAR)
A: There is no impingement on Attorney X’s right to due
process. The IBP Commissioner tasked to investigate the
case reviewed all the pleadings of the parties and their
respective witnesses. This implies that Atty. A was given an
opportunity to present his side. Due process has been
satisfied. This is especially true if the principle of res ipsa
loquitur is applicable. (However, it may be noted that the IBP
Board of Governors is not authorized to impose the penalty of
suspension, which must be referred to the Supreme Court).
Q: A engaged the services of Atty. B to defend him in a
case for the collection of a sum of money that was
brought against him by D in the Municipal Trial Court.
Despite notice of the scheduled dates of the hearing,
Atty. B failed to appear, much less to inform A about it.
The case was decided against A. It was only when the
adverse judgment was being executed against him that
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A learned he had lost the case. When he went to see
counsel, Atty. B put up the excuse that he was busy
attending to his cases which were more important than
A's. Before whom can A seek redress against Atty. B who
apparently was negligent in attending his case? (1999
BAR)
A: He may file a verified complaint against Atty. B, asking
that he be administratively disciplined, with either the
Supreme Court, the Board of Governors of the IBP, or the
IBP Chapter to which Atty. B belongs. (Sec. 1, Rule 139-B)
ADDITIONAL ANSWER: He may also file a complaint
against Atty. B before an RTC or MTC, depending on the
amount involved, for damages he may have sustained due
to the latter's negligence.
Q: When Atty. Aldrin received a copy of the decision of
the Court of Appeals (CA), he filed a motion for
reconsideration using intemperate and disrespectful
language with a subtle threat that “knowingly
rendering an unjust judgment is punishable under the
Revised Penal Code." The Court of Appeals ordered him
to explain why he should not be cited in contempt of
court. Instead of complying, he submitted to the CA his
Petition to Retire from the practice of law, which he
immediately filed with the Supreme Court after
receiving the citation for contempt. May he be allowed
to retire from the practice of law? (1998 BAR)
A: NO. A practicing lawyer and officer of the court facing
contempt proceedings cannot just be allowed to voluntarily
retire from the practice of law, which would negate the
inherent power of the court to punish him for contempt
(Montecillo v. Gica, G.R. No. L-36800, 21 Oct. 1974)
Q: Ben filed proceedings for disbarment against his
lawyer, Atty. Co, following the latter’s conviction for
estafa for misappropriating funds belonging to his
client (Ben). While the proceedings for disbarment
were pending, the President granted an absolute
pardon in favor of Atty. Co. Atty. Co. then moved for the
dismissal of the disbarment case. Should the motion be
granted? (1998 BAR)
A: An absolute pardon by the President is one that operates
to wipe out the conviction as well as the offense itself. The
grant thereof to a lawyer is a bar to a proceeding for
disbarment against him if such proceeding is based solely
on the fact of such conviction (In Re: Parcasion, A.C. No.
1000, February 18, 1976). But where the proceeding to
disbar is founded on the professional misconduct involved
in the transaction which culminated in his conviction, the
effect of the pardon is only to relieve him of the penal
consequences of his actions and does not operate as a bar
to the disbarment proceeding, since the criminal acts may
nevertheless constitute proof that the attorney does not
possess good moral character. (In Re: Lontoc, 43 Phil. 293,
07 Apr. 1922)
52
 QuAMTO (1987-2022)
Q: A verified complaint for disbarment was filed against
Atty. Cruz who was accused of misappropriating funds
belonging to the complaint. The matter was referred to
the IBP, which forthwith conducted an investigation
through its local chapter. During the pendency of the
investigation, the complainant filed an Affidavit of
Desistance claiming that Atty. Cruz had already
reimbursed him for the funds which he had accused
him of unlawfully spending for his own use. Atty. Cruz
moved for the dismissal of the complaint. As the
hearing officer, how will you act on the motion of Atty.
Cruz? (1994 BAR)
A: As hearing officer, I will deny the motion of Atty. Cruz and
continue the hearings. The desistance of a complaint in a
disbarment proceeding or his withdrawal of the charges
against a lawyer does not deprive the court of the authority
to proceed to determine the matter. Nor does it necessarily
result in the dismissal of the complaint, except when,
because of withdrawal or desistance, no evidence is
adduced to prove the charges. Since a disbarment
proceeding is neither a civil nor a criminal action but one
presented solely for public interest, the fact that the
complainant and the respondent have considered the case
closed, is unimportant.
Q: A lawyer charged his client P 10,000.00 for filing fees
pertaining to the complaint he filed in court. He actually
spent only P1,000,00. He did not account for the
balance. Suppose that the lawyer should be charged,
how and where should the complaint be filed? Explain
your answer. (1990 BAR)
A: The client may file a verified complaint for disbarment
against his lawyer. His verified complaint shall state clearly
and concisely the facts complained of and shall be supported
by affidavits of person or persons having personal
knowledge of the facts therein alleged and/or by such
documents as may substantiate said facts. The client may
file the complaint directly with the Supreme Court, in which
case at least 18 copies thereof shall be filed, and the
Supreme Court may refer the complaint to the IBP Board of
Governors for appropriate action, such as assigning the
complaint to an investigator, or to the Solicitor General or
court officer or judge for investigation when the interest of
justice requires. The client may, however, file his complaint,
in six copies, with the IBP Board of Governors, which will
then assign the case to an investigator for investigation, or
with the Secretary of a local chapter of the IBP, which will,
in turn, transmit the same to the IBP Board of Governors for
assignment to an investigator. (Rule 139-B of the Rules of
Court)
53
DISCIPLINE OF FILIPINO LAWYERS PRACTICING
ABROAD
(2006, 2002 BAR)
Q: Atty. Perez was admitted as a member of the New
York Bar. While in Manhattan, he was convicted of
estafa and was disbarred. Does his disbarment in New
York a ground for his automatic disbarment in the
Philippines? (2006 BAR)
A: The disbarment or suspension of a member of the
Philippine Bar by a competent court or other disciplinary
agency in a foreign jurisdiction where he has also been
admitted as an attorney is a ground for his disbarment or
suspension if the basis of such action includes any of the acts
hereinabove enumerated. The judgment, resolution, or
order of the foreign court or disciplinary agency shall be
prima facie evidence of the ground for disbarment or
suspension. (Rule 138, Sec. 27(2) and (3), as amended by SC
Resolution, dated 13 Feb. 1992)
Thus, the disbarment of Atty. Perez in New York for estafa
is a ground for his disbarment in the Philippines. However,
such disbarment in the Philippines is not automatic. Atty.
Perez is still entitled to due notice and hearing. (In Re
Suspension from the Practice of Law in the Territory of Guam
of Atty. Leon G. Maquera, B.M. NO. 793, July 30, 2004)
Q: Atty. LA is a member of the Philippine Bar and the
California Bar in the United States. For willful
disobedience of a lawful order of a Superior Court in
Los Angeles, Atty. LA was suspended from the practice
of law in California for one (1) year. May his suspension
abroad be considered a ground for disciplinary action
against Atty. LA in the Philippines? Why? (2002 BAR)
A: The suspension of Atty. LA from the practice of law
abroad may be considered as a ground for disciplinary
action here if such suspension was based on one of the
grounds for disbarment in the Philippines or shows a loss
of his good moral character, a qualification he must
maintain in order to remain a member of the Philippine Bar.
READMISSION TO THE BAR; LAWYERS WHO HAVE
BEEN DISBARRED
(2019, 1994, 1993 BAR)
Q: Mr. O was disbarred from the practice of law in 2009
for gross immorality. 10 years later, at age 58, he asked
for judicial clemency and filed a petition for his
reinstatement in the Roll of Attorneys. Mr. O had asked
for forgiveness from his children and maintained a
cordial relationship with his complainant-wife. He also
submitted a certification from the parish priest and
members of the Integrated Bar of the Philippines (IBP)
chapter to which he belongs for his civic-mindedness
and good moral character. Based on the guidelines for
the reinstatement of a disbarred lawyer, may Mr. O be
reinstated as a member of the Bar? Explain. (2019 BAR)
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
A: YES. Mr. O may be reinstated in the Roll of Attorneys. The
Court laid down the following guidelines for resolving
requests for judicial clemency, to wit:
1. There must be proof of remorse and reformation.
2. Sufficient time must have lapsed from the imposition
of the penalty to ensure a period of reform.
3. The age of the person asking for clemency must show
that he still has productive years ahead of him that can
be put to good use by giving him a chance to redeem
himself.
4. There must be a showing of promise (such as
intellectual aptitude, learning or legal acumen, or
contribution to legal scholarship and the development
of the legal system or administrative and other relevant
skills), as well as potential for public service.
5. There must be other relevant factors and circumstances
that may justify clemency. (Macarrubo v. Macarrubo,
Adm. Case No. 6148, 22 Jan. 2013)
Q: Atty. Queliza was convicted of qualified seduction. He
was subsequently disbarred at the initiative of the IBP.
Before he could complete the service of his sentence, he
was given an absolute pardon by the President. He
thereupon petitioned the Supreme Court for
reinstatement to the practice of law as a legal and
logical consequence of the absolute pardon. Is he
entitled to reinstatement? (1994 BAR)
A: An absolute pardon granted to a lawyer who has been
previously disbarred for conviction of a crime involving
moral turpitude does not automatically entitle him to
reinstatement. The matter of his reinstatement is still
subject to the discretion of the Supreme Court. He should
still show by evidence aside from the absolute pardon that
he is now a person of good moral character, a fit and proper
person to practice law. (In Re Rovero, A.M. No. 126, December
29, 1980)
Q: The Faculty of the College of Law of the University of
the Philippines pleaded for compassion on behalf of
Atty. Juan Santos. The Supreme Court had earlier found
Atty. Santos guilty of grave professional misconduct
and imposed upon him “an indefinite suspension,
leaving it to him to prove at some future and opportune
time that he shall have once again regained the fitness
to be allowed to resume the practice of law as an officer
of the court." Is the plea of the Faculty for Atty. Juan
Santos well taken? Explain. (1993 BAR)
A: The plea of the Faculty of Law of the University of the
Philippines asking compassion on behalf of Atty. Juan
Santos is not well taken. In order that a lawyer who was
disbarred can be reinstated, he must show with convincing
proof that he has good moral character acquired through
positive efforts, honorable dealings, and moral reformation
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
so as to be fit to practice law again. A mere allegation of
compassion for a lawyer is not sufficient. In one decision of
the Supreme Court, in order that a disbarred lawyer can be
reinstated, he must prove his good moral character as if he
is applying for admission to the bar.
D. NOTARIAL PRACTICE
A.M. No. 02-8-13-SC, as amended
(2016, 2015, 2013, 2012, 2011, 2010, 2009, 2007 BAR)
1. QUALIFICATIONS OF A NOTARY PUBLIC
(2015, 2012 BAR)
Q: Cecilio is one of the 12 heirs of his father Vicente, who
owned an agricultural land located in Bohol. Cecilio
filed a complaint charging Judge Love Koto with abuse
of discretion and authority for preparing and
notarizing a document entitled "Extra-Judicial Partition
with Simultaneous Deed of Sale" executed by Cecilio's
mother Divina and brother Jose. Jose signed the Deed
on his own behalf and purportedly also on behalf of his
brothers and sisters, including Cecilio. Cecilio though
alleged that in his Special Power of Attorney, he merely
granted Jose the authority to mortgage said agricultural
land but not to partition, much less to sell the same.
Judge Koto contended that in a municipality where a
notary public is unavailable, a municipal judge is
allowed to notarize documents or deeds as ex officio
notary public. He claimed that he acted in good faith
and only wanted to help. Did Judge Koto violate any
rules? Discuss. (2015 BAR)
A: MTC judges are notaries public ex oficio; however, they
may notarize only such documents as are related to their
functions. The exception to this is that, in remote
municipalities where there is no notary public available, an
MTC judge may notarize a private document provided that
he shall state in his certification the absence of a notary
public in the municipality, and that the notarial fees should
be paid to the Municipal Treasurer. (In Re: Request for
clarification on the power of municipal trial court judges and
municipal circuit trial court judges to act as Notaries Public
Ex Officio, A.M. No. No. 89-11-1303, December 19, 1989)
(UPLC Suggested Answers)
2. TERM OF OFFICE OF A NOTARY PUBLIC
(2011 BAR)
54
 QuAMTO (1987-2022)
3. POWERS AND LIMITATIONS A:
Rule 139-B of the Rules of Court, as amended 1. If the signatory is old or sick or otherwise unable to
(2013, 2012, 2011, 2010, 2009, 2007 BAR) appear, his presence may be dispensed with if one
credible witness not privy to the instrument and
who is known to the notary public, certifies under
Q: Ms. Seller and Mr. Buyer presented to a
oath or affirmation the identity of the signatory.
commissioned notary public a deed of sale for
notarization. The notary public explained to them the
2. If two credible witnesses neither of whom is privy
transaction the deed embodies and asked them if they
to the instrument, not known to the notary public
were freely entering the transaction. After the
but can present their own competent evidence of
document was signed by all the parties, the notary
identity, certify under oath or affirmation to the
public collected the notarial fee but did not issue any
identity of the signatory.
BIR-registered receipt. The notarization of the deed is
__________. (2013 BAR)
3. In cases of copy certification and issuance of
certified true copies
a. Neither unlawful nor improper because he
explained the basis for the computation of the
Q: TRUE or FALSE. A notary public is disqualified from
notarial fee;
performing a notarial act when the party to the
b. Unlawful because he did not issue a BIR-
document is a relative by affinity within the 4th civil
registered receipt and did not post in his office
degree. (2009 BAR)
the complete schedule of chargeable notarial
fees;
A: TRUE. Sec. 3 (c), Rule IV of the 2004 Rules on Notatial
c. Proper because he is not required to issue
Practice provides that a notary public is disqualified from
receipts for notarial fees;
performing a notarial act if he is a spouse, common-law
d. Improper because he did not ask Ms. Seller and
partner, ancestor, descendant, or relative by affinity or
Mr. Buyer if they needed a receipt;
consanguinity of the principal within the fourth civil degree.
e. Proper because any irregularity in the payment
(UPLC Suggested Answers)
of the notarial fees does not affect the validity
of the notarization made.
Q: When can Judges of the MTCs and MCTCs perform the
function of notaries public ex officio, even if the
A: E. (UPLC Suggested Answers)
notarization of the documents are not in connection
with the exercise of their official function and duties?
Q: A party to a contract does not know how to write.
(2007 BAR)
Neither can he affix his thumbmark because both hands
were amputated. How will that person execute the
A: MTC and MCTC judges assigned to municipalities of
contract? (2012 BAR)
circuits with no lawyers or notaries public may, in their
capacity as notary public ex-officio perform any act within
a. Ask the party to affix a mark using the toe of his
the competency of a regular notary public, provide that: (1)
foot in the presence of the notary public and
all notarial fees charged be for the account of the
two (2) disinterested and unaffected witnesses
government and turned over to the municipal treasurer
to the instrument.
(Lapeña v. Marcos, Adm. Matter No. 1969-MJ) and (2)
b. Ask the party to hold the pen with his teeth and
certification be made in the notarized documents attesting
affix a + mark to be followed by the signature of
to the lack of any lawyer or notary public in such
one friend.
municipality or circuit. (Abadilla v. Tabiliran, Jr., Adm.
c. The party may ask the notary public to sign in
Matter MTC-92-716) (UPLC Suggested Answers)
his behalf.
d. None of the above.
4. NOTARIAL REGISTER
A: C. (UPLC Suggested Answers) (2012 BAR)

Q: Enumerate the instances when a Notary Public may Q: A notary public is required to record chronologically
authenticate documents without requiring the physical the notarial acts that he performs in the: (2012 BAR)
presence of the signatories. (2010 BAR) a. Notarial Book;
b. Roll of Documents Notarized;
c. Notarial Register;
d. Notarial Loose Leaves Sheets.

A: C. (UPLC Suggested Answers)

55 U N IV E R S I T Y O F S A N T O T O M A S
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
5. JURISDICTION OF NOTARY PUBLIC AND PLACE OF her Myra’s identity. Is Alex’s identification of Myra
NOTARIZATION valid? (2011 BAR)
(2016, 2009 BAR)
a. Yes, provided Alex states in the deed of sale that
he knew Myra personally.
Q: Jojo, a resident of Cavite, agreed to purchase the lot
b. No, Myra needs to produce a valid identification
owned by Tristan, a resident of Bulacan. Atty. Agaton,
document of herself.
Jojo’s lawyer who is also a notary public, prepared the
c. No, since Alex is not himself a party to the
Deed of Sale and Jojo signed the document in Cavite.
document.
Atty. Agaton then went to Bulacan to get the signature
d. Yes, since Alex had a valid identification
of Tristan. Thereafter, Atty. Agaton went back to his
document.
office in Cavite where he notarized the Deed of Sale. Is
the notarization legal and valid? Explain. (2016 BAR)
A: B. (UPLC Suggested Answers)
A: The notarization is not legal and valid. Rule IV, Section 2
Q: What evidence of identity does the 2004 Rules on
(b) of the 2004 Rules on Notarial Practice provides that a
Notarial Practice require before a notary public can
person shall not perform a notarial act if the person
officially affix his notarial seal on and sign a document
involved as signatory to the instrument or document is not
presented by an individual whom the notary public
personally in the notary’s presence at the time of
does not personally know? (2007 BAR)
notarization. Tristan was not in Atty. Agaton’s presence
when the latter notarized the deed of sale in his office in
A: The required evidence of identity required before a
Cavite; moreover, Tristan signed in Bulacan which is
notary public can officially affix his notarial seal on and sign
outside the Atty. Agaton’s territorial jurisdiction. (UPLC
a document presented by an individual whom the notary
Suggested Answers)
public does not personally know are as follows:

6. COMPETENT EVIDENCE OF IDENTITY (a) At least one current identification document issued
(2013, 2012, 2011, 2007 BAR) by an official agency bearing the photograph and
signature of the individual; or
Q: Under the 2004 Rules of Notarial Practice, what may
be used to satisfy the requirement of "competent (b) The oath or affirmation of one credible witness not
evidence of identity"? (2013 BAR) privy to the instrument, document or transaction
who is personally known to the notary public and
a. Passport, Senior Citizen card, HMO card. who personally knows the individual, or of two
b. Police clearance, credit card, Professional credible witnesses neither of whom is privy to the
Regulatory Commission ID. instrument, document or transaction who each
c. Voter’s ID, NBI clearance, Driver’s license. personally knows the individual and shows to the
d. Ombudsman’s clearance, private office ID, notary public documentary identification.” (UPLC
PhilHealth card. Suggested Answers)
e. All of the above.
7. SANCTIONS
A: C. (UPLC Suggested Answers)

Q: What is the effect when the parties to a document

acknowledged before a notary public did not present
competent evidence of identity? (2012 BAR)

a. Voidable;
b. Valid;
c. Invalid Notarization;
d. Unenforceable.

A: C. (UPLC Suggested Answers)

Myra asked Atty. Elma to notarize her deed of sale.

When Elma asked for Myra's competent evidence of
identity, she explained that she does not have any
current identification document nor could she get one
soon. Instead, she presented her friend, Alex, who
showed Atty. Elma his driver’s license and confirmed

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2023 GOLDEN NOTES
 QuAMTO (1987-2022)
II. JUDICIAL ETHICS
A. SOURCES
(2020-21, 2015, 2011, 2009, 2007 BAR)
1. NEW CODE OF JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY
(2020-21, 2011, 2009 BAR)
Q: One of the foundation principles of the Bangalore
Draft of the Code of Judicial Conduct is the importance
in a modern democratic society of (2011 BAR)
a. A judicial system that caters to the needs of the
poor and the weak.
b. Public confidence in its judicial system and in
the moral authority and integrity of its
judiciary.
c. The existence of independent and impartial
tribunals that have the support of its
government.
d. Judges who are learned in law and
jurisprudence.
A: B. (UPLC Suggested Answers)
Q: TRUE or FALSE. A companion or employee of the
judge who lives in the judge’s household is included in
the definition of the "judge’s family." (2009 BAR)
A: TRUE. A judge’s family as defined in the New Code of
Judicial Conduct for the Philippine Judiciary “includes a
judge’s spouse, son daughter, son-in-lase, daughter-in-law,
and any other relative by consanguinity or affinity within
the sixth (6th) civil degree, or person who is a companion or
employee of the judge and who lives in the judge’s
household.” (UPLC Suggested Answers)
Q: The lawyer of the accused filed a motion to inhibit,
alleging as ground that the judge was the cousin of the
private complainant, which is within the fourth degree
of consanguinity. Should the judge inhibit? Explain
briefly. (2020-21 BAR)
A: YES, the judge should inhibit himself. The rule of
compulsory disqualification of a judge to hear a case where
the judge is related to either party within the sixth degree of
consanguinity or affinity rests on the salutary principle that
no judge should preside in a case in which he is not wholly
free, disinterested, impartial, and independent. A judge has
both the duty of rendering a just decision and the duty of
doing it in a manner completely free from suspicion as to its
fairness and as to his integrity. The law conclusively
presumes that a judge cannot objectively or impartially sit
in such a case and, for that reason, prohibits him and strikes
57
at his authority to hear and decide it, in the absence of
written consent of all parties concerned. The purpose is to
preserve the people's faith and confidence in the courts of
justice. (Garcia vs. Dela Peña, 229 SCRA 766) (UPLC
Suggested Answers)
2. CODE OF JUDICIAL CONDUCT
(2015, 2009, 2007 BAR)
Cacai, a law student, filed an administrative complaint
against RTC Judge Casimiro Conde, her professor in law
school, based on the following allegations: (a) In a
school convocation where Judge Conde was the guest
speaker, Judge Conde openly disagreed and criticized a
recently-decided Supreme Court decision and even
stressed that the decision of the Supreme Court in that
case was a serious violation of the Constitution.
Identify and briefly explain three of the canons under
the New Code of Judicial Conduct for the Philippine
Judiciary. (2015 BAR)
A: (Any three of the following:)
Canon No. 1 – Independence. Judicial independence is a
pre-requisite to the rule of law and a fundamental guarantee
of a fair trial. A judge shall therefore uphold and exemplify
the judicial function independently on the basis of their
assessment of the facts and in accordance a conscientious
understanding of the law, free from any extraneous
influence, inducement, pressure, threat or interference,
direct or indirect, from any quarter or for any reason.
Canon No. 2 – Integrity. Integrity is essential not only to the
proper discharge of the judicial office but also to the
personal demeanor of judges. The behavior and conduct of
judges must reaffirm the people’s faith in the integrity of the
judiciary. Justice must not be merely done but must also be
seen to be done.
Canon No. 3. Impartiality. Impartiality is essential to the
proper discharge of the judicial office. It applies not only to
the decision itself but also to the process by which the
decision is made. Judges shall perform their judicial
functions without favor, bias or prejudice.
Canon No. 4. Propriety. Propriety and the appearance of
propriety are essential to the performance of all the
activities of a judge. Judges shall avoid impropriety and the
appearance of impropriety in all their activities.
Canon No. 5. Equality. Ensuring equality of treatment to all
before the courts is essential to the performance of the
judicial office. Judges shall be aware of, and understand,
diversity in society and differences arising from various
sources, including, but not limited to, race, color, sex,
religion, national origin, caste, disability, age, marital status,
sexual orientation, social and economic status and other like
causes.
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
Canon No. 6. Competence and Diligence. Competence and
diligence are prerequisites for the due performance of
judicial office. Judges shall take reasonable steps to maintain
and enhance their knowledge, skills and personal qualities
necessary for the proper performance of judicial duties.
B. QUALITIES
(2016, 2015, 2014, 2012, 2011, 2010, 2009, 2008,
2007 BAR)
Q: What qualities should an ideal judge possess under
the New Code of Judicial Conduct for the Philippine
Judiciary? (2007 BAR)
A: The qualities required of judges by the New Code of
Judicial Conduct for the Philippine Judiciary are
1. Independence; (Canon 1)
2. Integrity; (Canon 2)
3. Impartiality; (Canon 3)
4. Propriety; (Canon 4)
5. Equality; (Canon 5) and
6. Competence and Diligence. (Canon 6) (UPLC
Suggested Answers)
1. INDEPENDENCE
(2014, 2010, 2007 BAR)
Q: Judges of the first and second level courts are allowed
to receive assistance from the local government units
where they are stationed. The assistance could be in the
form of equipment or allowance. Justices at the Court of
Appeals in the regional stations in the Visayas and
Mindanao are not necessarily residents there, hence,
they incur additional expenses for their
accommodations. Pass on the propriety of the Justices’
receipt of assistance/allowance from the local
governments. (2010 BAR)
A: In the cases of Dadole v. Commission on Audit 393 SCRA
262 [2002]), and Leynes v. Commission on Audit (418 SCRA
180 [2003]), the Supreme Court has upheld the grant of
allowance by LGU to “judges, prosecutors, public
elementary and high school teachers, and other national
government officials” stationed in or assigned to the locality
pursuant to Secs. 447(a)(1)(xi), 458(a)(1)(xi) and
468(a)(1)(xi) of the LGC. The Supreme Court held that “to
rule against the power of the LGUs to grant allowances to
judges … will subvert the principle of local autonomy
zealously guaranteed by the Constitution.” Hence, it is not
improper for judges and justices to receive allowances from
LGUs, since it is allowed by law for LGUs to give the same.
(UPLC Suggested Answers)
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2023 GOLDEN NOTES
ALTERNATIVE ANSWER: Sec. 5, Canon I of the New Code of
Judicial Conduct for the Philippine Judiciary provides that
“(J)udges shall be free from inappropriate connections with,
and influence by the executive and legislative branches of
the government, and must also appear to be free therefrom
to a reasonable extent.” It is a common perception that the
receipt of allowances or assistance from an LGU may affect
the judge’s ability to rule independently in cases involving
the said unit. (UPLC Suggested Answers)
2. INTEGRITY
(2014, 2009, 2007 BAR)
Justice B of the CA was a former RTC Judge. A case which
he heared as a trial judge was raffled off to him. The
appellant sought his disqualification from the case but
he refused on the ground that he was not the judge who
decided the case as he was already promoted to the
appellate court before he could decide the case. Was the
refusal of Justice B to recuse from the case proper?
Explain your answer. (2014 BAR)
A: NO, the refusal of Justice B to recuse from the case is not
proper. In the case of Sandoval v. CA (G.R. No. 106657, 01
Aug. 1996) involving the same facts, the Supreme Court held
that the CA Justice concerned was not legally bound to
inhibit himself from the case. However, he “should have
been more prudent and circumspect and declined to take on
the case, owing to his earlier involvement in the case”,
because “a judge should not handle a case in which he might
be perceived, rightly or wrongly, to be susceptible to bias
and partiality”. This axiom is “intended to preserve and
promote public confidence in the integrity and respect for
the judiciary”. (UPLC Suggested Answers)
Q: After being diagnosed with stress dermatitis, Judge
Rosalind, without seeking permission from the
Supreme Court, refused to wear her robe during court
proceedings. When her attention was called, she
explained that whenever she wears her robe she is
reminded of her heavy caseload, thus making her tense.
This, in turn, triggers the outbreak of skin rashes. Is
Judge Rosalind justified in not wearing her judicial
robe? Explain. (2009 BAR)
A: NO, Judge Rosalind is not justified. In Chan v. Majaducon
(A.M. No. RTJ-02-1697, 15 Oct. 2003), the Supreme Court
emphasized that the wearing of robes by judges as required
by A.C. No. 25, dated 09 June 1989, serves the dual purpose
of heightening public consciousness on the solemnity of
judicial proceedings and in impressing upon the judge the
exacting obligations of his office. The robe is part of judges’
appearance and is as important as a gavel. The Supreme
Court added that “while circumstances, such as the medical
condition claimed by respondent judge, may exempt one
from complying with A.C. No. 25, he must first secure the
Court’s permission for such exemption. He cannot simply
excuse himself, like respondent judge, from complying with
the requirement. (UPLC Suggested Answers)
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 QuAMTO (1987-2022)
3. IMPARTIALITY
(2018, 2016, 2015, 2014, 2012, 2011, 2009 BAR)
In a case pending before the Sandiganbayan, the
Sandiganbayan justices themselves actually took part in
the questioning of a defense witness and the accused.
The records show that, while a witness was asked 16
questions on direct examination by the defense counsel
and six (6) questions by the prosecutor on cross-
examination, one justice interjected a total of 27
questions. After the defense opted not to conduct any
re-direct examination, another justice asked 10 more
questions. With respect to one of the accused, both
justices asked a total of 67 questions after cross-
examination, and with respect to the other accused, a
total of 41 questions after cross-examination. More
importantly, the questions of the justices were in the
nature of cross-examinations characteristic of
confrontation, probing, and insinuation. Is this manner
of questioning proper? (2018 BAR)
A: “This Court has acknowledged the right of a trial judge to
question witnesses with a view to satisfying his mind upon
any material point which presents itself during the trial of a
case over which he presides. But not only should his
examination be limited to asking “clarificatory” questions,
the right should be sparingly and judiciously used, for the
rule is that the court should stay out of it as much as
possible, neither interfering nor intervening in the conduct
of the trial. Here, these limitations were not observed.
Hardly in fact can one avoid the impression that the
Sandiganbayan had allied itself with, or to be more precise,
had taken the cudgels for the prosecution in proving the
case against Tabuena and Peralta when the Justices cross-
examined the witnesses, their cross-examination
supplementing those made by Prosecutor Viernes and far
exceeding the latter’s questions in length. The “cold
neutrality of an impartial judge” requirement of due process
was certainly denied Tabuena and Peralta when the court,
with its overzealousness, assumed the dual rule of
magistrate and advocate” (Tabuena v. Sandiganbayan, 268
SCRA 332 [1997]) (UPLC Suggested Answers)
Q: State at least five (5) instances where judges should
disqualify themselves from participating in any
proceedings where their impartiality might reasonably
be questioned. (2016 BAR)
A: Any five of the following instances provided in Sec. 5,
Canon 3 of the New Code of Conduct for the Philippine
Judiciary:
a. The judge has actual bias or prejudice concerning a
party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
b. The judge previously served as a lawyer or was a
material witness in the matter in controversy;
59
c. The judge or a member of his or her family has an
economic interest in the outcome of the matter in
controversy;
d. The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge
served as counsel during their association, or the
judge or lawyer was a material witness therein;
e. The judge’s ruling in a lower court is the subject of
review;
f. The judge is related by consanguinity or affinity to
a party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child has
a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any
other interest that could be substantially affected
by the outcome of the proceedings.” (UPLC
Suggested Answers)
NOTE: Sec. 1, Rule 137, of the Revised Rules of Court,
provides for similar grounds. (UPLC Suggested Answers)
4. PROPRIETY
(2016, 2015, 2014, 2013, 2012, 2011, 2010, 2008 BAR)
A judge who insults counsel and shouts invectives at a
litigant is guilty of: (2014 BAR)
a. serious misconduct
b. committing acts unbecoming of a judge
c. manifest bias and partiality
A: B. (UPLC Suggested Answers)
Q: Constantino was accused of estafa by Hazel, the wife
of Judge Andres, for misappropriating the ring she
entrusted to him. Since Judge Andres was present when
Hazel handed the ring to Constantino, he was compelled
by his wife to testify as a witness for the prosecution in
the criminal case. Did the judge commit any violation of
the New Code of Judicial Conduct for the Philippine
Judiciary? Explain. (2016 BAR)
A: Sec. 4, Canon 4 of the New Code of Judicial Conduct for
the Philippine Judiciary provides that “Judges shall not
participate in the determination of a case in which any
member of their family represents a litigant or is associated
in any manner with the case.” Judge Constantino’s
appearance as a witness in the criminal case in which his
wife was the offended party is violative of this rule. It may
also be violative of Sec. 3, Canon 1, which provides that
“judges shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another
court or administrative agency.” (UPLC Suggested Answers)
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
Q: Judge Ana P. Sevillano had an issue with the billings
for the post-paid cellular phone services of her 16-year-
old daughter for the last three consecutive months.
Although Judge Sevillano had been repeatedly calling
the Customer Service Hotline of Universal Telecoms,
the billings issue was never fully settled to Judge
Sevillano's satisfaction. Finally, Judge Sevillano wrote
the National Telecommunications Commission a letter
of complaint against Universal Telecoms, using her
official court stationery and signing the letter as "Judge
Ana P. Sevillano." Did Judge Sevillano violate any
professional or ethical standard for judges? Justify your
answer. (2015 BAR)
A: YES, Judge Sevillano violated Sec. 8, Canon 4, of the New
Code of Judicial Conduct for the Philippine Judiciary, which
provides that “judges shall not use or lend the prestige of
the judicial office to advance their private interests, or those
of a member of their family or of anyone else, nor shall they
convey or permit others to convey the impression that
anyone is in a special position improperly to influence them
in the performance of judicial duties”, as well as Rule 6.02
of the Code of Professional Responsibility which provides
that “a lawyer in the government service shall not use his
public position to promote or advance his private interests,
nor allow the latter to interfere with his public duties”.
In the case of Ladigon v. Garong (A.M. MTJ-08-1712, Aug. 20,
2008), the Supreme Court held that “While the title [of judge
or justice] can be used for social and other identification
purposes, it cannot be used with the intent to use the
prestige of his judicial office to gainfully advance his
personal, family or other pecuniary interests.” (UPLC
Suggested Answers)
Judge Junior attended the 50th birthday party of his
fraternity brother, Atty. Vera. Also present at the party
was Atty. Rico who was Atty. Vera's classmate way back
in high school and who was handling Civil Case No. 5555
currently pending before Judge Junior's court. Well-
aware that Atty. Rico had a case before his sala, Judge
Junior still sat next to Atty. Rico at a table, and the two
conversed with each other, and ate and drank together
throughout the night. Since Atty. Vera was a well-known
personality, his birthday party was featured in a
magazine. The opposing party to Atty. Rico's client in
Civil Case No. 5555, while flipping through the pages of
the magazine, came upon the pictures of Judge Junior
and Atty. Rico together at the party and used said
pictures as bases for instituting an administrative case
against Judge Junior. Judge Junior, in his answer,
reasoned that he attended Atty. Vera's party in his
private capacity, that he had no control over who Atty.
Vera invited to the party, and that he and Atty. Rico
never discussed Civil Case No. 5555 during the party.
Did Judge Junior commit an administrative infraction?
Explain. (2015 BAR)
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2023 GOLDEN NOTES
A: Sec. 3, Canon 4 of the New Code of Conduct for the
Philippine Judiciary provides that “judges shall, in their
personal relations with individual members of the legal
profession who practice regularly in their court, avoid
situations which might reasonably give rise to the suspicion
of favoritism or partiality.” The act of Judge Junior in sitting
next to Atty. Rico, a lawyer whom he knew had a case before
his sala, and dining and conversing with him throughout the
night, violates the foregoing rule. It tends to give rise to
suspicion of partiality. It is improper conduct for which he
may be reprimanded.
A Court Administrator's auditing team found that Judge
Ruby used business cards which stated, in addition to
her official title as presiding judge of her court, that she
is bar topnotcher, her law school’s "class valedictorian,"
and "one of the most sought after private law
practitioners" before she joined the judiciary, all of
which are true. Asked to explain this seeming
impropriety, Ruby pointed out that business cards can
include the person’s "title" which is broad enough to
include in her case her standing in the bar and all the
honors she earned. Did Ruby commit an impropriety?
(2011 BAR)
a. Yes, unless the cards were given to her as a gift.
b. No, because all she stated in her business cards
are true.
c. Yes, because she showed a hunger for publicity
and recognition that debases her judicial post.
d. No, because she is free to include in her
business cards details that say who she is.
A: C. (UPLC Suggested Answers)
Q: Reacting to newspaper articles and verbal
complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court
ordered the conduct of a discreet investigation by the
Office of the Court Administrator. Judges in the place
where Judge X is assigned confirmed the complaints.
(2010 BAR)
a) What administrative charge/s may be leveled
against Judge X? Explain.
A: He could be charged with Gross Misconduct, arising from
violation of the Anti-Graft and Corrupt Practices Act (R.A.
No. 3019). He could also be charged with violation of Sec.
13, Canon 4 of the New Code of Judiciary which provides
that “judges and members of their families shall neither ask
for, nor accept, any gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be done by him
or her in connection with the performance of judicial
duties.” (UPLC Suggested Answers)
b) What defense/s can Judge X raise in avoidance
of any liability?
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 QuAMTO (1987-2022)
A: He could raise the defense of hearsay evidence, lack of
substantive evidence, and denial of due process. (UPLC
Suggested Answers)
Q: Judge A accepted a gift consisting of assorted canned
goods and other grocery items from his compadre
whose friend has a pending case with him. He accepted
the gift just so as not to embarrass his compadre. When
his compadre left his chambers, he asked his secretary
to donate the gift he received to the victims of Typhoon
Yolanda. Did the Judge cross the ethical line? Explain
your answer. (2014 BAR)
A: YES. In accepting a gift from his compadre, which he must
have suspected was connected with the case of his
compadre’s friend, because he accepted just in order not to
embarrass his compadre, Judge A violated Sec. 13, Canon 4
of the New Code of Conduct for the Philippine Judiciary
which provides that “Judges and members of their families
shall neither ask for, nor accept, any gift, bequest, loan or
favor in relation to anything done or to be done or omitted
to be done by him or her in connection with the
performance of judicial duties.” (UPLC Suggested Answers)
5. EQUALITY
(2010 BAR)
6. COMPETENCE AND DILIGENCE
(2015 BAR)
Atty. Belinda appeared as counsel for accused Popoy in
a case being heard before Judge Tadhana. After Popoy
was arraigned, Atty. Belinda moved for a resetting of
the pre-trial conference. This visibly irked Judge
Tadhana and so before Atty. Belinda could finish her
statement, Judge Tadhana cut her off by saying that if
she was not prepared to handle the case, then he could
easily assign a counsel de oficio for Popoy. Judge
Tadhana also uttered that Atty. Belinda was wasting the
precious time of the court. Atty. Belinda tried to explain
that she was capable of handling the case but before she
could finish her explanation, Judge Tadhana again cut
her off and accused her of always making excuses for
her incompetence. Judge Tadhana even declared that
he did not care if Atty. Belinda filed a thousand
administrative cases against him. According to Atty.
Belinda, Judge Tadhana had also humiliated her like
that in the past for the flimsiest of reasons. Even Atty.
Belinda's clients were not spared from Judge Tadhana's
wrath as he often scolded witnesses who failed to
respond immediately to questions asked of them on the
witness stand. Atty. Belinda filed an administrative case
against Judge Tadhana. Do the acts of Judge Tadhana as
described above constitute a violation of the Code of
Judicial Conduct? Explain. (2015 BAR)
61
A: Judge Tadhana has violated Sec. 6, Canon 6 of the New
Code of Judicial Conduct for the Philippine Judiciary which
provides that “Judges shall maintain order and decorum in
all proceedings before the court, and be patient, dignified
and courteous in relation to litigants, witnesses, lawyers
and others with whom the judge deals in an official capacity.
Judges shall require similar conduct of legal
representatives, court staff and others subject to their
influence, direction or control” A judge should be courteous
both in his conduct and in his language especially to those
appearing before him. He can hold counsels to a proper
appreciation of their duties to the court, their clients and the
public in general without being petty, arbitrary,
overbearing, or tyrannical. He should refrain from conduct
that demeans his office and remember that courtesy begets
courtesy. (Ruiz v. Bringas, 330 SCRA 62 [2002]) (UPLC
Suggested Answers)
C. DISQUALIFICATION OF JUDICIAL OFFICERS
(2018, 2012, 2011, 2010, 2008 BAR)
QUALIFICATIONS OF JUDICIAL OFFICERS
(2018)
Q: Atty. Cornelio Carbon, 36 years of age, had always
dreamed of becoming a judge, and eventually, a justice,
but his legal career took a different turn. Upon
graduation, he joined a government-owned financial
institution where he worked in the Loans and Claims
Division. He also taught Negotiable Instruments Law in
a nearby law school at night. He has been active in his
IBP Chapter and other law organizations. However, in
his 12 years of practice, he has never done trial or
litigation work.
Is Atty. Carbon qualified to become a Regional Trial
Court Judge? (2018 BAR)
A: YES. as long as he is a natural-born citizen of the
Philippines, at least 35 years of age, and has practiced law
or held public office requiring practice of law for at least 10
years. There is no requirement that he should have done
actual trial or litigation work. (UPLC Suggested Answers)
1. COMPULSORY
(2012, 2011, 2010, 2008 BAR)
Q: Rebecca’s complaint was raffled to the sala of Judge
A. Rebecca is a daughter of Judge A’s wife by a previous
marriage. This is known to the defendant who does not,
however, file a motion to inhibit the Judge. Is the Judge
justified in not inhibiting himself from the case? (2010
BAR)
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LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
A: NO, The judge is not justified in not inhibiting himself. It
is mandatory for him to inhibit if he is related to any of the
parties by consanguinity or affinity within the 6th civil
degree (Sec. 3(f) Canon 3, New Code of Judicial Conduct for
the Philippine Judiciary). Judge A, being the stepfather of
Rebecca, is related to her by affinity by just one degree.
“Judges shall disqualify themselves from participating in
any proceeding in which they are unable to decide the
matter impartially or in which it may appear to a reasonable
observer that they are unable to decide the matter
impartially” (Id., Sec. 5, Canon 3). The fact that Rebecca is a
daughter of Judge A’s wife is liable to make a reasonable
observer doubt his impartially. (UPLC Suggested Answers)
2. VOLUNTARY
(2012, 2011, 2008 BAR)
Q: Atty. Abigail filed administrative cases before the
Supreme Court against Judge Luis. Thereafter, Atty.
Abigail filed a Motion for Inhibition praying that Judge
Luis inhibit himself from trying, hearing or in any
manner acting on all cases, civil and criminal, in which
Atty. Abigail is involved and handling. Should Judge Luis
inhibit himself as prayed for by Atty. Abigail? Explain
fully. (2008 BAR)
A: NO, Judge Luis should not inhibit himself. The mere filing
of an administrative case against a judge is not a ground for
disqualification on the ground of bias and prejudice
(Aparicio v. Andal, 175 SCRA 569 [1989]; Medina v. De Guia,
219 SCRA 153 [1993]; Mantaring v. Roman, Jr., 254 SCRA 158
[1996]) (UPLC Suggested Answers)
D. DISCIPLINE AND ADMINISTRATIVE JURISDICTION
OVER MEMBERS OF THE JUDICIARY
(2018, 2015, 2014, 2013, 2011 BAR)
Q: An anonymous letter addressed to the Supreme
Court was sent by one Malcolm X, a concerned citizen,
complaining against Judge Hambog, Presiding Judge of
the RTC of Mahangin City, Branch 7. Malcolm X reported
that Judge Hambog is acting arrogantly in court; using
abusive and inappropriate language; and embarrassing
and insulting parties, witnesses, and even lawyers
appearing before him. Attached to the letter were pages
from transcripts of records in several cases heard
before Judge Hambog, with Judge Hambog's arrogant,
abusive, inappropriate, embarrassing and/or insulting
remarks or comments highlighted. (2015 BAR)
a. Will the Court take cognizance of the letter-
complaint even coming from an anonymous
source? Explain.
A: YES. Sec. 1, Rule 140 of the Revised ROC provides that
proceedings for the discipline of judges of regular and
special courts, and Justices of the Court of Appeals and the
U N IV E R S I T Y O F S A N T O T O M A S
2023 GOLDEN NOTES
Sandiganbayan, may be instituted “upon an anonymous
complaint, supported by public records of indubitable
integrity”.
Q: Judge Celso Camarin posted in the bulletin board of
his sala for two weeks, an advertisement which says:
“Wanted attractive waitresses, personable waiters and
cooks who may be interested in applying for
employment in my family’s restaurant business.
Interested applicants may submit applications to
Branch XXX, RTC of Camarines Sur.” The screening of
some applicants was also conducted in the Judge’s
office. What provisions, if any, of the Code of Judicial
Conduct did Judge Camarin violate? (2018 BAR)
A: In the case of Dionisio vs. Escano, 302 SCRA 411, 01 Feb.
1999, involving the same facts, the Supreme Court found the
erring judge to have violated the following rules of the Code
of Judicial Ethics.
1. Canon 11, Rule 2.00 – A Judge should avoid
impropriety and the appearance of impropriety in
all activities.
2. Canon 5, Rule 5.02 – A judge refrain from financial
and business dealings that tend to reflect adversely
on the court’s impartiality, interfere with the
proper performance of judicial activities, or
increase involvement with lawyers or persons
likely to come before the court. A Judge should so
manage investments and other financial interest to
minimize the number of case giving grounds for
disqualification, and if necessary divest such
investment and interests. Divestment shall be
made within one year from the effectivity of this
Code or from appointment, as the case may be.
3. Rule 5.03 – Subject to the provisions of the
preceding rule, a judge may hold and manage
investment but should not serve as an office,
director, advisor, or employee of any business
except as director, or non-legal consultant of a
family business.
The corresponding provisions of the New Code of Judicial
Conduct for the Philippine Judiciary would be:
1. Section 1, Canon 4 – Judges shall avoid
impropriety and the appearance of impropriety in
all their activities.
2. Section 7 – Judges shall inform themselves about
their personal fiduciary financial interests and
shall make reasonable efforts to be informed about
the financial interest of the members of their
family.
3. Section 8 – Judges shall not use or lend the prestige
of the judicial office to advance their private
interest, or of those of any member of their family
or of anyone else, no shall they convey or permit
others to convey the impression that anyone is in
62
 QuAMTO (1987-2022)
special position to influence them in the a) SANCTIONS IMPOSED BY THE SUPREME COURT ON
performance of their judicial duties. (UPLC ERRING MEMBERS OF THE JUDICIARY
Suggested Answers)

1. SUPREME COURT

a) IMPEACHMENT

2. LOWER COURT JUDGES AND JUSTICES

(2015, 2014, 2013, 2011 BAR)

An audit team from the Office of the Court

Administrator found that Judge Contaminada
committed serious infractions through the
indiscriminate grant of petitions for annulment of
marriage and legal separation. In one year, the judge
granted 300 of such petitions when the average number
of petitions of similar nature granted by an individual
judge in his region was only 24 petitions per annum.
The audit revealed many different defects in the
granted petitions: many petitions had not been
verified; the required copies of some petitions were not
furnished to the Office of the Solicitor General and the
Office of the Provincial Prosecutor; docket fees had not
been fully paid; the parties were not actual residents
within the territorial jurisdiction of the court; and, in
some cases, there was no record of the cross-
examinations conducted by the public prosecutor or
any documentary evidence marked and formally
offered. All these, viewed in their totality, supported the
improvident and indiscriminate grant that the OCA
found. If you were the counsel for Andy Malasuerte and
other litigants whose marriages had been improperly
and finally annulled, discuss your options in
administratively proceeding against Judge
Contaminada, and state where and how you would
exercise these options. (2013 BAR)

A: As counsel for Andy Malasuerte, I have the option of

participating in the administrative proceedings by filing a
verifies complaint in writing against Judge Contaminada,
with the Office of the Court Administrator, supported by
affidavits of persons who have personal knowledge of the
facts alleged therein or by documents which may
substantiate said allegations. The complaint shall state
clearly and concisely the acts and omissions constituting
violations of standards of conduct prescribed for judge by
law, the Rules of Court, the Code of Judicial Conduct (Rules
of Court, Rule 140, Sec. 1) and the new Code of Conduct for
the Philippine Judiciary. (UPLC Suggested Answers)

NOTE: The question clearly refers to “administratively

proceeding against Judge Contaminada.” It is suggested that
some credit should be given if the examinee discusses the
options available for Andy Malasuerte to obtain relief with
regard to improperly and finally annulled marriage. (UPLC
Suggested Answers)

63 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

II. PRACTICAL EXERCISES

(2020-21, 2018, 2012, 2007, 2008, 2009, 2010)

A. DEMAND LETTER
(2007 BAR)

U N IV E R S I T Y O F S A N T O T O M A S 64
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 QuAMTO (1987-2022)

B. DEED OF SALE OF REAL PROPERTY AND DEED OF SALE OF PERSONAL PROPERTY

(2017 BAR)

SALE OF REAL PROPERTY

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FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
SALE OF PERSONAL PROPERTY

U N IV E R S I T Y O F S A N T O T O M A S 66
2023 GOLDEN NOTES
QuAMTO (1987-2022)

C. CONTRACT OF LEASE

67 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

U N IV E R S I T Y O F S A N T O T O M A S 68
2023 GOLDEN NOTES
QuAMTO (1987-2022)

D. SPECIAL POWER OF ATTORNEY

(2009 BAR)

69 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

E. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

(2020-21, 2010, 2009 BAR)

VERIFICATION
and CERTIFICATION AGAINST FORUM SHOPPING

I, ______, of legal age, Filipino, and with office address at 21 Mayon St, Quezon
City, after being duly sworn in accordance with law, hereby depose and state that:

a. the allegations in the Complaint are true and correct based on my

personal knowledge and on authentic documents;

b. the Complaint is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation;

c. the factual allegations in the Complaint have evidentiary support

or, if specifically so identified, will likewise have evidentiary
support after a reasonable opportunity for discovery.

d. I have not theretofore commenced any action or filed any claim

involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action or
claim is pending therein;

e. if there is such other pending action or claim, I will make before

this Honorable Court a complete statement of its present status;
and

f. if I should thereafter learn that the same or similar action or claim

has been filed or is pending, I shall report to this Honorable Court
that fact within five calendar days from notice of that fact.

Manila, September 20, 2021

(Signature over printed name)

Affiant

U N IV E R S I T Y O F S A N T O T O M A S 70
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QuAMTO (1987-2022)

F. JUDICIAL AFFIDAVIT
(2018, 2017, 2007 BAR)

71 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

U N IV E R S I T Y O F S A N T O T O M A S 72
2023 GOLDEN NOTES
QuAMTO (1987-2022)

73 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

G. NOTARIAL CERTIFICATES
(2020-21 BAR)

1. JURAT
(2020-21 BAR)

2. ACKNOWLEDGMENT

U N IV E R S I T Y O F S A N T O T O M A S 74
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QuAMTO (1987-2022)

H. MOTIONS
(2017, 2009 BAR)

1. MOTION FOR SUMMARY JUDGMENT

(2017 BAR)

75 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES
2. MOTION TO DISMISS
(2017 BAR)

U N IV E R S I T Y O F S A N T O T O M A S 76
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QuAMTO (1987-2022)
3. MOTION TO DECLARE IN DEFAULT
(2009 BAR)

77 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISES

I. QUITCLAIMS IN LABOR CASES

U N IV E R S I T Y O F S A N T O T O M A S 78
2023 GOLDEN NOTES
QuAMTO (1987-2022)

J. INFORMATION IN CRIMINAL CASES

(2009 BAR)

79 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW