2021 MOCK BAR EXAMINATIONS

LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES

QUESTIONS AND SUGGESTED ANSWERS

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

Without stating your name and other circumstances that will identify you,
substantially write down the Lawyer's Oath. (2%)

SUGGESTED ANSWER:

I, do solemnly swear that I will maintain allegiance to the Republic of the

Philippines, I will support the Constitution and obey the 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 or 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 these voluntary obligations without any mental reservation or
purpose of evasion. So help me God.

II.

Sometime in 2020, Rosie engaged the services of Atty. Sassy to recover

possession of a parcel of land from illegal settlers in Binangonan, Rizal. Atty. Sassy 
borrowed money from Rosie to pay for her husband’s hospital fees. Rosie lent her
P100,000 as cash advance charged against her appearance and other fees. After several
months, Rosie inquired with the MTC on the status of her case. She was surprised to
discover that Atty. Sassy has not filed her ejectment complaint.

Rosie confronted Atty. Sassy about the non filing, which prompted the latter to file
the complaint for ejectment at the MTC. Unfortunately, MTC dismissed the case for lack
of jurisdiction. Dissatisfied, Rosie asked Atty. Sassy to return the cash advance, but Atty.
Sassy failed to do so despite several demands.
 A. Is it proper for Atty. Sassy to borrow money from his client? (3%)
B. Would Atty. Sassy be held liable under the Code of Professional
Responsibilities even if she filed the ejectment case? (3%)

A. No, it is not proper for Atty. Sassy to borrow money from his client.

Under Rule 16.04 of the Code, a lawyer shall not borrow money from his client
unless the client's interest are fully protected by the nature of the case or by independent
advice.

Here, Atty. Sassy borrowed money from Rosie to pay her husband's
hospitalization. She even made it appear that the said money is a cash advance against
her appearance fee and other fees for the services she will be rendering in the ejectment
case. Rosie's interest is evidently not protected.

Thus, Atty. Sassy's act of borrowing money for Rosie is improper.

B. Yes, Atty. Sassy is still liable under the Code of Professional Responsibilities even
though the ejectment case is filed.

Under Rule 18.04 of the Code, a lawyer shall keep the client informed of the
status of his case and shall respond within a reasonable time to the client's request for
information. It is the lawyer's duty to keep his client constantly updated on the
developments of his case as it is crucial in maintaining the latter's confidence.

In this case, Atty. Sassy failed to update Rosie regarding her case. In fact, she had
to go to the MTC for her to be updated on the status of her case. Worse, she discovered
that Atty. Sassy has yet to file a complaint for ejectment; the latter only filed the same
after she was confronted by Rosie.

Hence, Atty. Sassy is still liable under the Code of Professional Responsibilities.

III.
Differentiate "retaining lien" from "charging lien." (3%)
SUGGESTED ANSWER:

As to nature, retaining lien is passive, while charging lien is active. As to the

coverage, retaining lien covers papers, documents and properties in the lawful
possession of the attorney by reason of his professional employment, while charging lien
covers all judgments for payment of money and execution issued in pursuance of such
judgments; proceeds of judgment in favor of a client; proceeds of compromise
settlement. As regards the applicability, retaining lien may be exercised before judgment
for execution or regardless thereof, while charging lien may only be exercised only
when the lawyer had already secured a favorable judgment for his client.

IV.
A. Explain the doctrine of quantum meruit in determining the amount of attorney's
fees. (2%)
B. What is champerty? Is it allowed? Explain. (2%)

SUGGESTED ANSWER:
A. The doctrine of quantum meruit mean “as much as he deserves” and it is an
expression that described the extent of liability on a contract implied by law. It is an
equitable doctrine, based on the concept that no one who benefits by the labor and
materials of another should be unjustly enriched thereby. 

B. A champerty is a bargain by a stranger with a party to the suit, by which such

third person undertakes to carry on the litigation at his own cost and risk, in
consideration of receiving, is successful, a part of the proceeds or subject sought to be
recovered.
Champerty is not allowed. It is a prohibited arrangement because it violates the
fiduciary relationship between the lawyer and the client. 

V.
Determine if the following advertisements by an attorney are ethical or unethical.
Explain your answer.
(a) A calling card, 2 inches x 2 inches in size, bearing the attorney's name in bold print,
office, residence and email addresses, telephone and facsimile numbers. (2%)
(b) A business card, 3 inches x 4 inches in size, indicating the aforementioned data with
his 1 inch x 1 inch photograph. (2%)

(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. (2%)

(d)The same press release made in a tabloid by the attorney's client. (2%)

(e) A small announcement that the attorney is giving free legal advice on November 30,
2021 published in Express Balita, a tabloid in Filipino. (2%)

SUGGESTED ANSWERS:
Suggested Answer: 
(a) Ethical. A lawyer is allowed the customary use of simple professional cards. (Canon
27, CPE; Ulep v. Legal Clinic Inc., Bar Matter No. 553, June 17, 1993).
(b) 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.
 (c) Unethical. Rule 3.01 of the Code of Professional Responsibility provides that lawyer
shall not use or permit the use of any self-laudatory statement or claim regarding his
qualifications or legal service.
(d) Ethical. This is already the act of a client, not of the lawyer, unless it was permitted
by the lawyer.
(e) Unethical. The announcement in a newspaper that he will give free advice is a form
of self-laudation and the advertisement that has no place in the legal profession (In re:
Luis Tagorda, March 23, 1929).

VI.
Mr. Tony filed an administrative complaint against Atty. Barbie with the Integrate
Bar of the Philippines (IBP). He alleged that Atty. Barbie filed a baseless labor cases on
behalf of her twenty-four (24) clients. He further averred that Atty. Barbie notarized the
Motion for Reconsideration without the personal appearance of Ms. Z as the Bureau of
Immigration records reveal that the latter was overseas at that time.
 Atty. Barbie denied all the allegations against her, claiming that he personally met
the 24 out of the 27 signatories. He insists that he asked them to produce their residence
certificates and confirmed their signatures in the document. She also confirmed the
identities of the others who were unable to bring their residence certificates through their
leaders. She further claimed that after signing the verification in her presence, she asked
Mr. A and Mr. B to secure the signature of Ms. Z. She then received the verification on
the last day of filing from Mr. A and Mr. B, and notarize the same as she personally
knew Ms. Z and was familiar with the latter's signature.

A. Did Atty. Barbie violate the Rules on Notarial Practice? (3%).

B. May she be suspended from the practice of law? (2%)

SUGGESTED ANSWER:

A. Yes, Atty. Barbie violated the Rules on Notarial Practice.

Under the Rules on Notarial Practice, a notary public should not notarize a
document unless the persons who signed the same are the very same persons who
executed and personally appeared before him to attest to the contents and truth of what
are stated therein. It is his duty to demand that the document presented to him for
notarization be signed in his presence.

In this case, Atty. Barbie asked the other two affiants, Mr. A and Mr. B, to obtain
Ms. Z''s signature. He immediately notarized the signed verification merely on the basis
of his claim that he personally knew Ms. Z and was familiar with the latter's signature.
He failed to observe his duty to demand that the said verification be signed by Ms. Z in
his presence. Thus, Atty. Barbie failed to observe the Rules on Notarial Practice.

B. Yes, Atty. Barbie may be suspended from her practice of law.

Jurisprudence provides that a notary public who fails to discharge his duties as
such is meted out the following penalties: (1) revocation of notarial commission; (2)
disqualification from being commissioned as notary public; and (3) suspension from the
practice of law.
 Here, in failing to require Ms. Z's personal appearance. She clearly failed to
exercise due diligence in upholding his duty as a notary public. Thus, she may be
suspension from the practice of law. (A.C. No. 6927 14 March 2018).

VII.
Atty. Arvie was administratively charged by SJ Homeowners Association, Inc. for
representing conflicting interests and for using the title "Judge,” for which he had been
found guilty for grave and serious misconduct by his local chapter.

On June 15, 2005, the Supreme Court subsequently found merit in the complaint
and disbarred Atty. Arvie.

After more than ten (10) years from his disbarment, Atty. Arvie filed a Letter
appealing for Judicial Clemency, praying that he be reinstated in the Roll of Attorneys.
He asked for forgiveness for his transgressions and insisted that there was no conflict of
interest. He also attached forty (40) letters from people, , all vouching for his good moral
character with no explanation and no proof attached in support thereof.

A. Should Atty. Arvie be readmitted to the Bar? (3%)

B. What are the guideline for Judicial Clemency? (5%)

SUGGESTED ANSWER:

A. No, Atty. Arvie should not be readmitted to the Bar.

Jurisprudence provides that there must be proof of remorse and reformation which
include but should not be limited to certifications or testimonials of the officer(s) or
chapter(s) of the Integrated Bar of the Philippines, judges or judges associations and
prominent members of the community with proven integrity and probity. 

Here, while more than ten (10) years had already passed since his disbarment,
Atty. Arvie''s present appeal has failed to show substantial proof of his reformation or
remorse. In fact, he continues to insist on his honest belief that there was no conflict of
interest notwithstanding the Court's finding to the contrary. Aside from the bare
testimonies of his character, no other proof was presented to specify the actual
engagements or activities showing good moral character. Hence, he should not be
readmitted to the Bar. (A.C. No. 5580, EN BANC, July 31, 2018).

B. Based on jurisprudence, the follow are the guidelines for Judicial Clemency:
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 reformation.
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.

VIII.
Atty. Gracia, 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. 
What are the the steps that Atty. Gracia should take to resume his Philippine
practice. (8%) 

SUGGESTED ANSWER:

Atty. Gracia 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 she 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.” (Ibid.) 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. 
 On the other hand, if Atty. Gracia has lost her Philippine citizenship, she must
submit the following: 
(a) Petition for Re-Acquisition of Philippine Citizenship; 
(b) 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. Gracia’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.” (Ibid.)
2. Certification from the IBP indicating updated payments of annual membership dues;
3. Proof of payment of professional tax; and
4. Certificate of compliance issued by the MCLE Office. 
5. A certificate of good moral character attested to by at least three (3) members of the
bar; and
6. A certification from the State Bar of New York that Atty. Gracia does not have any
previous or pending disciplinary action filed against her before that body.

IX.
A. Can a lawyer who lacks the number of units required by the Mandatory
Continuing Legal Education (MCLE) Board continue to practice his profession? (2%)
B. May a lawyer be held liable for damages by his clients 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? (2%)
C. Can a lawyer still practice his profession despite having arrears in his
Integrated Bar of the Philippines (IBP) dues? (2%)

SUGGESTED ANSWER:

(A) A lawyer who lacks the number of units required by MCLE cannot continue to
practice the legal profession since he is declared as a delinquent member of the bar per
Resolution of the Supreme Court dated January 14, 2014, revoking OCA Circular No.
66-2008. 
(B) Yes, lawyer may be held for damages by his client for failure to represent his
client with zeal (Canon 19, CPR) and for not serving his client with competence and
diligence (Canon 18, CPR). 
(C) Arrears in the IBP may be a ground to suspend the lawyer upon
recommendation by the IBP to the Suprme Court.

X.
Define the following terms: (4%)
(A) counsel de officio
(B) counsel de parte
(C) amicus curiae
(D) counsel of record

SUGGESTED ANWSER:
(A) counsel de officio – a lawyer appointed by the court to represent a party who
cannot afford to secure a lawyer to represent him in a case.
(B) counsel de parte- a lawyer chosen by a party to represent him in a case.
(C) amicus curiae- literally, a friend of the court; a lawyer appointed by the court,
not to represent a party to the case, but to advise the court on intricate questions of law
in a case that the lawyer may have some expertise in
(D) counsel of record - a lawyer whose name and address appears in the or a case
as representing a party; same as a counsel de parte

XI.
Every new lawyer must be acquainted with the consequences of the non-
compliance with the essential obligations attendant to the legal profession. Among these
obligations are compliance with the requirements of Mandatory Continuing Legal
Education (MCLE), and payment of Integrated Bar of the Philippines (IBP) dues.

A. What are the consequences of non-compliance with the requirements on

MCLE? (2.5%)
B. What are the consequences of non-payment of IBP dues? (2.5%)

SUGGESTED ANSWER:
 A. A member who fails to comply with the requirements after the 60-day period
shall be listed as a delinquent member by the IBP Board of Governors upon
recommendation of the Committee on MCLE.
B. The effects of failure to pay annual membership dues are as follows:
1. a member who fails to pay his dues on or before that date shall be considered
dues-delinquent and if the delinquency continues until the following December 31, the
Board of Governors shall by resolution forthworth suspend all his membership
privileges other than the practice of all; and,
2. The failure of any attorney to pay his annual membership dues for 6 months
shall warrant suspension of his membership in the IBP and default of such payment for
one year shall be a ground for the removal of his name from the Roll of Attorneys.
X.
A complaint for sum of money was filed against Vicky before the RTC presided
over by Judge XXX. Vicky filed a Motion for Inhibition, requesting Judge XXX to
recuse herself from hearing and deciding the case based on the following grounds: (1)
she and the complainants stood as godparents to a child of a common friend; and, (2)
that her husband was a partner of a law firm which, the complainant was a client. Vicky
claims that because of these circumstances, Judge XXX should inhibit from the case.
A. Enumerate and define the two kinds of inhibition. (2%)
B. Is Vicky's contention correct? (3%)

SUGGESTED ANSWER:

A. Compulsory disqualification assumes that a judge cannot actively or

impartially sit on a case for the reasons stated in the first paragraph of Section 1, Rule
137 of the Rules. On the other hand, the aspect of voluntary inhibition, as stated in the
second paragraph, involves the use of discretion. It partakes of voluntariness and is a
matter of conscience that is addressed primarily to the judge's sense of fairness and
justice.

B. No, Vicky's contention is not correct.

Section 1, Rule 13 7 of the Rules of Court provides:

Section 1. Disqualification of judges. — No judge or judicial

officer shall sit in any case in which he, or his wife or child, is
pecuniarily interested as heir, legatee, creditor or otherwise, or
in which he is related to either party within the sixth degree of
 consanguinity or affinity, or to counsel within the fourth degree,
computed according to the rules of the civil law, or in which he
has been executor, administrator, guardian, trustee or counsel,
or in which he has been presided in any inferior court when his
ruling or decision is the subject of review, without the written
consent of all parties in interest, signed by them and entered
upon the record.

In this case, Vicky's claims do not suffice to overthrow the presumption that Judge
XXX is in the best position to determine whether or not there was a need to inhibit from
the case. In fact, these claims do not fall under the grounds of disqualification of judges
under Section 1, Rule 137 of the Rules of Court. Hence, Vicky's contention is incorrect.
(G.R. No. 171247, July 22, 2015)

XI.
Nanette, an OFW in Australia, engaged Atty. Sherry's legal services to file action
against her contractor and project manager for failing to construct her house in Nuvali.
There was no written agreement executed between them specifying the scope of legal
services; Atty. Sherry received a total amount of P215,000 from Nanette; she
acknowledged receipt of the first two (2) installment payments in a handwritten note,
stating that the amount of ₱165,000.00 was for litigation expenses. Thereafter, Atty.
Sherry requested Nanette to deposit the last installment via online banking to the bank
account of her husband, Mr. Vito.

A. What is the standard of care required by a lawyer in handling his/her client's

moneys and properties? (2%)
B. Did Atty. Sherry commit any act violative to the Code of Professional
Responsibility? (3%)

SUGGESTED ANSWER:

A. The standard of care is the same as that of a good father of a family. The
practice of law does not require extraordinary diligence or that “extreme measure of care
and caution which persons of unusual prudence and circumpection use for securing and
preserving their rights.

B. Yes, Atty. Sherry committed any act violative to Rule 16.02 of the Code.
 Under Rule 16.02, a lawyer shall keep the funds of each client separate and apart
from his own and those of others kept by him.
Here, Atty. Sherry commingled the funds of Nanette with that of her husband
when she asked that the last installment be deposited to her husband's bank account.
Thus, Atty. Sherry violated to Rule 16.02 of the Code of Professional Responsibility.

XII.
Santos & Lombos Law Office had a retainer agreement with Daisy, a
businesswoman mainly trading in the black market. Daisy, was recently charged in the
Manila RTC with money laundering in relation to an illegal drugs syndicate using her
trucking company, Daisy Trucking Co., as its money laundering conduit. The members
of Santos & Lombos Law Office assigned to handle Daisy's account, including Atty. Rey
and his secretary, Joyce, were implicated in the money laundering case for their role in
the incorporation of Daisy Trucking Co. and in the active management of its business
affairs. In order to bolster the case against Daisy and others involved, the public
prosecutor approached Atty. Rey and Joyce to make them as witnesses.

A. Should Atty. Rey and Joyce accept the offer? Explain your answer. (5%)

B. Under the facts of the preceding question, Atty. Rey had already resigned from
Santos & Lombos Law Office prior to the filing of the case against Daisy. During his
time in the law office, he was tasked to handle Daisy Trading Co., which was largely
owned by Daisy Trucking Co. The prosecutor proposed to Atty. Rey that he assist in the
administration of justice by helping strengthen the case.

What should be Atty. Rey's legal and ethical course of action be? Explain your
answer. (5%)

SUGGESTED ANSWER:

A. No, they should not accept the offer.

Under Section 24 (b), Rule 130 of the Rules of Court, an attorney or person
reasonably believed by the client to be licensed to engage in the practice of law cannot,
without the consent of the client, be examined as to any communication made by the
client to him or her, or his or her advice given thereon in the course of, or with a view to,
professional employment, nor can an attorney’s secretary, stenographer, or clerk, or
other persons assisting the attorney be examined without the consent of the client and his
or her employer, concerning any fact the knowledge of which has been acquired in such
capacity.
Here, Atty. Rey and Joyce were acquired the pertinent informations about Daisy
and her dealings in the course of professional employment which is covered under the
fore-mentioned rule. This also covers information acquired by Atty. Rey's secretary,
Joyce. Thus, having been one of the lawyers and secretary who handled Daisy’s
account, Atty. Rey and Joyce should not accept the prosecutor's offer.

B. Atty. Rey's legal and ethical course of action is to decline the prosecutor's
proposal.

The extent of the privilege communication between a lawyer and a client

continues to exist even after the termination of the relationship. It outlasts the lawyer's
engagement. It only ceases when waived by the client himself or after his death. By the
heir or legal representative.
Here, although the attorney-client relationship had already ceased, Atty. Rey and
the informations acquired by him in his capacity as a former member of Santos &
Lombos Law Firm is still covered under the rule on privilege communication. Thus, he
should decline the prosecutor's proposal.

XIii.
Atty. Franco had just taken his lawyer's oath. Eva, the secretary of Ace Really
Firm offered to get Atty. Franco as their notary public. Eva suggested that their sales
agents would go to his office to have their Deeds and Sales Contracts notarized; and in
turn, she gets half of Atty. Franco's fees as her commission per notarized document.
Should Atty. Franco agree with Eva's proposal? Explain your answer. (4%)

SUGGESTED ANSWER
No, Atty. Franco should not agree with Eva's proposal.
Under Rule 9.02 of the Code of the Professional Responsibility, which provides
that “a lawyer shall not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law.”
Here, Eve sought to have a commission from each notarized transaction made by
Atty. Franco. It must be noted, however, that Eva is not a person licensed to practice law.
Clearly, she cannot validly get a share from Atty. Franco's fees. Thus, he should not
agree with Eva's proposal.
 XIV.
Atty. D was required by Judge H of the Regional Trial Court (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.
A. Assuming that there was sufficient cause or ground, may Judge H suspend Atty.
D from the practice of law? (2%)
B. If Judge H finds that the actuations of Atty. D are grossly unethical and
unbecoming of a member of the bar, may Judge H disbar Atty. D instead? Explain your
answer. (2%)

SUGGESTED ANSWER:

A. Yes. Judge H can suspend Atty. D for gross misconduct.

Under Section 28, Rule 138 of the Rules of Court, the Court of First Instance may
suspend an attorney from practice for any of the causes named in the last preceding
section, and after such suspension such attorney shall not practice his profession until
further action of the Supreme Court in the premises.
B. No, Judge H cannot disbar Atty. D

Section 27, Rule 138 of the Rules of Court states:

A member of the bar may be removed or suspended from his office as attorney by
the Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.

XV.
Michael Maximo R. Amurao III (Michael), a resident of Lahug, Cebu City, was
hired by Radio Network, Inc. (RN) as a production manager for its AAA-FM station and
metropolitan radio with a monthly salary of ₱48,400.00.
 Years later, RN decided to reformat and restructure the programming of its AAA-
FM station to meet the demands of the broadcasting industry. The president of RN met
with Michael, informing the latter of its plan to reformat and restructure the station's
programs that would necessarily affect Michael's employment. Michael was assured that
he would be paid P1,000,000.00 as retirement pay and other benefits. His services ended
on 15 June 2002.

Michael sought your assistance. Prepare an Affidavit of Quit Claim for Michael
(5%)

SUGGESTED ANSWER
Republic of the Philippines )
City of Cebu ) S.S.

WAIVER, RELEASE AND QUIT CLAIM

That I, MICHAEL R. AMURAO, of legal age, Filipino, and a resident of Lahug,

Cebu City after having been duly sworn to according to law, hereby depose and say:
1. That I have retired from my position as Production Manager from RADIO
NETWORK INC. effective on 15 June 2002;
2. That I hereby acknowledge to have received from my employer the sum of ONE
MILLION PESOS (P1,000,000.00), which is in full and final satisfaction of my salary
and other benefits that may be due me for the services I have rendered;
3. The I hereby declare that I have no further claims whatsoever against my employer,
its president, members of the board, officers or any of its stadd and that I herebt release
and forever discharge all of them from any and all claims, demands, cause of action of
whatever nature arising out of my employment with the latter;
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in
bar to any suit or proceeding to which either I, or my heirs and assigns, may have
against my employer in connection with my employment with the latter and that the
payment which I have received as provided herein should not on any way be construed
as an admission of liability on the part of my employer and is voluntarily accepted by
me and will, if need be, serve as ful and final settlement of any account(s) due me or any
claims or cause of action, either past, present, future, which I may have in connection
with my employment with my employer;
5. As such, I finally make manifest that I have no futher claim(s) or cuase of action
against my employer nor against any person(s) connected with the administration and
operation of the latter and forever release the latter from any and all liability.

IN WITNESS WHEREOF, I have hereunto set my hand on this ___ day of ____
2021, Cebu, Philippines.

(Signed)
MICHAEL R. AMURAO

XVI.
A.
Amy was served with Summons and a copy of the Complaint for collection of the
amount of ₱1,000,000.00 filed by Bernie; the latter alleged that the debt was overdue
and that Amy refused to pay despite repeated demands. Attached in the said Complaint
is a promissory note signed by Amy.

Amy engaged the services of Atty. Sassy, who decided to file a Motion to Dismiss
on the ground of lack of cause of action and prescription. Atty. Sassy drafted the motion
and sent the draft to Amy for her perusal. Amy, being law graduate, noticed that the draft
did not contain a notice of hearing.

Draft the notice of hearing which included the Motion to Dismiss. (4%)

SUGGESTED ANSWER:

NOTICE OF HEARING
Atty. _______________
Counsel for the plaintiff

GREETINGS:
Please take notice that the above mention shall be submitted for the consideration of the
Honorable Court on  (month, date, and year) at (time), or as soon thereafter as counsel
may be heard.
Atty. Sassy
Counsel for the defendant

Copy furnished through personal service:

Atty. _________________

Counsel for the plaintiff

Address ______________
B.
Draft a verification and certificate of non-forum shopping. (3%)

SUGGESTED ANSWER:

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, ____________, of legal age, ___________ (name) (citizenship) _________, and a

resident of ____________, (civil status)________, on oath, state:
1. That I as the __________________ in the above-entitled case have caused this
_________________ to be prepared; that I read and understood its contents which are
true and correct of my own personal knowledge and based on true records; that the
pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost
of litigation; that the factual allegations therein have evidentiary support or, if
specifically so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery;
2. That I have not commenced any action or proceeding involving the same issue and
specifically the same check/s in the Supreme Court, the Court of Appeals or any other
tribunal or agency, particularly before the Office of the City Prosecutor; that to the best
of my knowledge, no such action or proceeding is pending in the Supreme Court, the
Court of Appeals or any other tribunal or agency, and that, if I should learn thereafter
that a similar action or proceeding has been filed or is pending before these courts or
tribunal or agency, I undertake to report that fact to the Court within five (5) days
therefrom.

FURTHER AFFIANT SAYETH NAUGHT

___________________________
 AFFIANT
WITNESSES:
______________________________ ______________________________

SUBSCRIBED AND SWORN TO before me this ___ day of ____ 2021 in the
City of , affiant exhibiting before me his competent evidence of identity which is _____
issued at _____ on _____ expiring on ______.
NOTARY PUBLIC
Office address
Commission no.
Until December ____
For the City of _____
Roll No.___________
IBP OR No. date, and place of issuance
PTR OR No. date, and place of issuance
MCLE Compliance until ________

Doc. No _____
Page No. ____
Book No. ____
Series of 2021

MULTIPLE CHOICE QUESTIONS (20%)

1. Under the Interim Rules on Remote Notarization, what are the cases where a notary
public, as well as the principals and witnesses, must be located within the
territorial jurisdiction of the notary public’s commission during the
videoconference:

a. in case of acknowledgment, affirmation, oath, jurat, in cases where the

signatures of witnesses appear in the instrument or document
b. in cases where a thumbmark or other mark is affixed in lieu of a signature, 
c. when the notary public signs on behalf of the principal 
d. all of the above
2. Under the Interim Rules on Remote Notarization, how many copies of competent
evidence of identity is the principal required to present?

a. One
b. Two
c. Three
d. A or B

3. Under the Interim Rules on Remote Notarization, if there be more than one principal,
each shall be present either singly or in group/s during the videoconference, each
shall be present ______during the videoconference.

a. Singly
b. In groups
c. Either A or B
d. None of the above

4. Under the Interim Rules on Remote Notarization, what are the ways of confirming the
location of the principal?

a. through an application with global position satellite (“GPS”) capabilities,

b. through an application with global position satellite (“GPS”) capabilities or
by showing the notary public identifiable landmarks or buildings within the
vicinity.
c. through the notary public examining his/her demeanor and immediate
surroundings and by asking searching questions
d. All of the above

5. Under the Interim Rules on Remote Notarization, the instrument or document to be

copy-certified should not be a __________.

a. a vital record,
b. a public record,
c. publicly recordable
d. all of the above

6. Under the Interim Rules on Remote Notarization, what are the Grounds for Refusal to
Notarize,

a. if the principal or witnesses exhibit/s behavior that engenders reasonable

 doubt as to his/her understanding of the instrument or document
b. if the principal or witnesses indicates a defect in his/her consent
c. if the principal or witnesses refuse/s to appear before the notary public
through videoconference
d. all of the above

7. Under the Interim Rules on Remote Notarization, what are the different types of Proof
of videoconference?

a. Photograph
d. Screenshot
c. Video
d. All of the above

8. Under the Interim Rules on Remote Notarization, which of the following is false?

a. the notary public must be seen holding the instrument or document to make
the first page of the notarized document visible and identifiable ,
b. the photograph shall be attached to the notarial register
c. the principal shall not shoulder all expenses in connection with the remote
notarization.
d. the notarial Rules shall not apply to the execution of notarial wills.

9. Which of the statements are true?

a. the Interim Rules on Remote Notarization are only applicable during a

community quarantine.
b. in case of copy certification, the presence of the notary within the territorial
jurisdiction of the court which issues his/her notarial commission shall not
suffice.
c. only Door-to-door express delivery services are included from the valid
courier services under remote notarization, but excludes  on-demand
express delivery services.
d. all of the above

10. Which of the following are not valid competent evidence of identity?
a. PRC ID
b. Comelec ID
c. Cedula/community tax certificate
d. Government issued company ID
11. Atty. Mark has been teaching in the Legal Management Department of Z University
for 32 years. He teaches Constitution, Obligation and Contracts, Sales, Torts and
Damages. Is he exempted from the MCLE requirement?

a. Yes, because of subjects that he is teaching.

b. No, because Z university is not accredited.
c. Yes, because he has been teaching for more than 30 years.
d. No. because his is not teaching in the College of Law.

12. When does the initial MCLE compliance period of a newly admitted member of the
bar begin?

a. On the first year of the next succeeding compliance period.

b. On the tenth day of the month of his admission.
c. On the third year after his admission as member.
d. On the first day of the month of his admission.

13. Provincial Governors and Municipal Mayors who are lawyers are MCLE exempt
because

a. they handle cases of their constituents for free.

b. as experts in local governance, it may be assumed that they are updated on
legal developments.
c. they are rendering public service.
d. the Local Government Code prohibits them from practicing their profession.

14. Administrative penalties imposed on judges are

a. curative and corrective
b. punitive and corrective
c. punitive and curative
d. punitive, corrective and curative.

15. Administrative complaints against Judges and Justices below the Supreme Court are
handled by:
a. Clerk of Court of the Supreme Court.
b. Office of the Court Administrator.
c. Presiding Justice of the Court of Appeals.
d. Ombudsman.

16. .Soon after Atty. Cesar passed the Philippine Bar in 1975, he also took the New York
State Bar and passed the same. He practiced law for 25 years in the USA, but
 he was disbarred therein for insurance fraud. He returned to the Philippines
and started to practice law. X, who knew about his New York disbarment, filed
a disbarment complaint with the IBP. Decide.

a. the factual basis for the New York disbarment which is deceit also
constitutes a ground for disbarment in the Philippines.
b. Norms of ethical behavior of lawyers are the same worldwide.
c. the acts complained of happened in a foreign country and cannot be
penalized here.
d. A lawyer's fitness to become a lawyer must be maintained wherever he
may be.

17. Which of the following need not be verified?

a. Petition for Certiorari.
b. Interpleader.
c. Petition for HabeasCorpus.
d. All pleadings under the rules of summaryprocedure.

18. Atty. Jane is the Court Attorney. She is the only lawyer in her hometown. When goes
home to her province, she has much spare time. Many people go to her for
legal advice and preparation of legal documents. Out of her generosity, she
does not charge any monetary fee, but receives gifts which are offered. Is there
impropriety?
a. No, it is only giving of advices, and not court appearance.
b.No, since Atty. Jane does not accept money.
c. Yes, because Atty. Jane accepts gifts.
d. Yes, giving legal advice and preparing legal documents, even if free,
constitutes private practice of law, which is prohibited of government
employees.

19. A judge or judicial .officer should inhibit himself from hearing a case before him
where the counsel for either party is a relative by consanguinity or affinity -
a. up to the 3rd degree;
b. up to the 4th degree;
c. up to the 5th degree;
d. up to the 6th degree.

20. A judge or judicial officer is disqualified to hear a case before him wherein a party is
related to him by consanguinity or affinity -
a. up to the 3rd degree;
b. up to the 4th degree;
c. up to the 5th degree;
d. up to the 6th degree.