Answers to Bar Examination Questions in Legal Ethics and Practical Exercises (1987-2014) Eduardo A. Labitag Editor UR. LAW COMPLEX Bocobo Hall, Diliman, Quezon City 2017Copyright 2017 by the U.P. Law Complex ALL RIGHTS RESERVED, INCLUDING THE RIGHT TO REPRODUCE THIS BOOK OR PORTIONS THEREOF IN ANY FORM OR BY ANY MEANS WHATSOEVER, ISBN No, 971-15-0305-0 Published by: INFORMATION AND PUBLICATION DIVISION UP. Law Complex FOREWORD In response to public demand the UP. Law Complex is pleased to publish ths latest of ANSWERS 0 BAR EXAMINATION QUESTIONS which covers all subjects in fexaminations “Te previous edition had been of great asistance tothe bar examinees, law students, , and law professors, alike by making readily available questions asked inthe every year and the suggested answers thereto. “The answers in etch bar subject were discussed and prepared by a select group of law land practitioners who ere experts and authorities in each subject. After the an finalized by each group or committee, the sugested answers were transmitted to ‘of the Supreme Court Bar Examinations Committee and who in turn furnished the examiners. Tis our hope that this publication will guide bar reviewees and law students infor their answers to bar examination questions, and bar examiners in evaluating the fof examinees. EDUARDO A. LABITAG Had, Training & Convention Division UP Law CenterProt ABELARDO T: DOMONDOM Pio ERICKSON H. BALMES rok EVELYN (LE0|D. BATTAD ‘Dean BARTOLOME . CARALE ‘Ry. ROSA MARIA JUAN-BAUTISTA Prot RENE B. conosre rok CONCEFCION 1 JARDELEZA Prob EDUARDO A LABITAG Jotioe HECTOR L. HOFILENA Pro, ABELARDO 7. DOMONDOM Prot RENE B. GOROSPE Phot CONCEFCION 1 JARDELEZA ‘ny. ROSA MARIA JUAN-BAUTISTA Pro EDUARDO A. LABITAG Justice MICOLAS P.LAPENA JR, Jonice HECTOR L, HOFILENA ‘Prot DOMINGO P.DISINT ‘rol ARELARDO T. BOMONDOM Prof RENE B. GOROSPE Prot CONCEPCION I. JARDELEZA ‘Aly: ROSA MARIA JUAN-BAUTISTA Prot EDUARDO A LABITAG Dean ERNESTO E PEDA Justice HECTOR L HOFILENA Prot DOMINGO P.DISINIIR. Prot ABELARDOT, DOMONDOM oe Prot RENE B. GOROSPE Prot CONCEFCION L, JARDELEZA [ty ROSA MARIA JUAN-BAUTISTA ‘ean ERNESTO LPINEDA. Pro RENE B. GOROSPE Prot CONCEPCION L. JARDELEZA ‘Asy, ROSA MARIA JUAN-BAUTISTA Prot EDUARDO A. LABITAG. Jonice JOSE L SABIO JR Prof CONCEPCION L. JARDELEZA ‘Atv: ROSA MARIA JUAN BAUTISTA Pro EDUARDO A. LABITAG. Fomtoe MICOIAS PLAPENA IR ‘etn BARTOLOME S.CARALE ‘ey ROSA MARIA JUAN-BAUTISTA Justice JORGE R.COOIUA rot EDUARDO A. LABITAG ‘AY. CASIANO 0. FLORES Justice JORGE R, COOIUA, “unice ERNANI CRUZ PANO. Prot DOMINGO P DISINLR. “tice RICOLAS P. LAFERA SR, rot EDUARDO A. LABITAG 2008 [hy ROSA MARIA JUAN-BAUTISTA “Juice JORGE R, coaIUA\Jusce HECTOR L. HOFILERA ‘Junice JORGE R.COHA ‘Juice NICOLAS P. LAPENA JR ‘Sutice ERMAN CRUZ-PANO ‘Rey: ROSA MARIA JUAN-BAUTISTA ‘Dean BARTOLOME §. CARALE ‘Prot DOMINGO P-DISINIR. ‘rot CONCEPCION L JARDELEZA ‘Prot EDUARDO A. LABITAG ustlee HECTOR L, HOPILENA Sustiee JORGE R.COOIUA “Jusce ERNAR CRUZ-PANO Prot DOMINGO P.DISINL IR, Prot EDUARDO A, LABITAG Dean ERNESTO L PEDA, Jumlce HECTOR L HOFILENA “htiee JORGE R, cogtvA tte NICOLAS P.LAPENA, “tice ERNARI CRUZ-PANO rot VIVA. AGUIRRE ‘ty ROSA MARIA JUAD-BALTISTA rot CONCEPCION 1. JARDELEZA Prot EDUARDO A. LARITAG ‘Dean ERNESTO L PINEDA Prot CARMELO V ISON Juntice HECTOR L HOFILENA “Jonice JORGE R, COOIUA ‘Jotice NICOLAS P.LAPERA J, Prot DOMINGO P.DISIN JR. ‘Prof ABELARDO T. DOMONDOM ‘ty ROSA MARIA JUAY-BAUTISTA rot EDUARDO A LABITAG. ‘Dean ERNESTO I. PINEDA, Prof CARMELO V SISON Prot CONCEPCION L. JARDELEZA Justice HECTOR L HOFILENA ‘Juntice JORGE R, coOtUA ‘Juice ERAN CRUZ-PANO “Tuc MICOLAS P.LAPENA JR, Prot VEVA M, AGUIRRE ‘Ney ROSA MARLA JUAN-BAUTISTA Pro ABELARDO T- DOMONDOM Prot EDUARDO A LABITAG. ‘Justice HECTOR L. HOFLERA “Junce JORGE R. cootvA \Susce ERVAN CRUZ-PANO ‘Sunice NICOLAS P. LAPERA JR. Pro VIVA M. AGUIRRE ty ROSA MARIA JUAR-BAUTISTA Prof DOMINGO P. DISIRIIR. ‘hy DANIEL T MARTINEZ ‘Comm. BROMO 9. QUADRA Janice HECTOR L HOFILENA, Sunice JORGE R.COOIUA Sustice ERKARI GRUZ PARC ‘ry, ROSA MARIA TUAW BAUTISTA Prot EDUARDO A LABITAG ‘ty. DANIEL T. MARTINEZ Comm. GERONIMO. QUADRA Prot CARMELO V. SISO Potice HECTOR L, HOFILENA ‘tice JORGE R, COOTUA ‘Justice ERNANI CRUZ-PANO. [Uy ROSA MARIA JUAN-BAUTISTA ‘rot DOMINGO P ISIN. ‘rol EDUARDO A. LABITAG ‘Ay DANIEL T, MARTINEZ ‘rot CARMELO V SISON Junice JORGE R. cOOIUA ‘Judge RUBEN AGPALO Junice JORGE R. COOILA tice JORGE R, COOIUA Pro, VIVA M, AGUIRRE Prot JOSE ESPINOSA "hag, ROSA MARIA JUAR-BAUTISTA “Tooe ERWANT CRUZ-PANO \Jorice EMETERIO C. CUI ‘ret DOMINGo Pst JR. Prof. ABELARDO T. DOMONDOM Jotice HECTOR . HOFILENA Prot EDUARDO A LABITAG ‘Rey: DANIEL T MARTINEZns 1 161 114 210 28 240 258 26 201 aus 335 355 373 396 0 26 as 4% sot2014 BAR EXAMINATION Judge A is a close friend of Governor G. On several , Judge A would borrow vehicles from the Office ‘the Governor to travel to his judicial station. Judge A’s ition: (1%) {A) violates the Canon on Propriety {B) creates an appearance of an improper connection with the executive branch. (Q is downright unethical SUGGESTED ANSWER: (A) violates the Canon on Propriety {B) creates an appearance of an improper counec- tion with the executive branch‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS. R is a retained counsel of ABC Bank-Ermita Branch. One day, his balikbayan 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. (4%) SUGGESTED ANSWER: Atty. R clearly violated the rule against representing conflicting interests (Rule 15.03, Code of Professional Responsibility), 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 improp- erly 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. ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS The Code of Professional Responsibility is the code of ‘conduct for: (1%) {A) members of the Bench (B) members of the Bar {C) members of the Bench and the Bar |" SUGGESTED ANSWER: (| members of the Bar ALTERNATIVE ANSWER: (©) members of the Bench and the Bar‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS. 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. (4%) (A) May Atty. C refuse to handle the defense of A and ask to be relieved? Explain fully. (8) 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 his appearance from the case? Why or why not? SUGGESTED ANSWER: (A) Rule 14.01 of the Code of Professional Responsi- bility provides that a lawyer shall not decline to represent a person solely on account of his 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 he is entitled to an acquittal unless his guilt is proven beyond reasonable doubt. The role of the lawyer is to see to it that his constitutional right to due process is observed. (B) He may withdraw his appearance but in accordance with procedure in Section 26, Rule 138 of the Rules of Court. Moreover, Rule 19.02 of the Code of Profes- sional Responsibility provides that “a lawyer who has received information that his client has, in the course of the representation, perpetuated 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.” ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS. ‘The rendition of free legal service is a lawyer's: (1%) (A) moral duty {B) social obligation (©) legal mandate SUGGESTED ANSWER: ___(B) social obligation ALTERNATIVE ANSWER: (A) moral duty VI. Atty. D was required by Judge Hof 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. Assuming that there was sufficient cause or ground, ‘may Judge H suspend Atty. D from the practice of law? H Judge H finds that the aciuations of Atty. D are grossly Yinethical and unbecoming of a member of the bar, may Judge H disbar Atty. D instead? Explain your answer. (5%) | SUGGESTED ANSWER: Under Section 28, Rule 138 of the Rules of Court, ‘8 Regional Trial Court may suspend a lawyer from the Practice of law for any of the causes provided in Section "7, until further action of the Supreme Court. But it Mmay not disbar him, for only the Supreme, Court can disbar a lawyer pursuant to its constitutional power to Persons to the practice of law.‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS vu. ‘The court ordered Atty. Z to testify as a witness for his client in the very case he is handling, but he refused on the ground that it would violate the rule on privileged communication. Atty. Z is guilty of: (1%) (A) direct contempt (B) indirect contempt (©) violation of his duty to the court SUGGESTED ANSWER: (B) indirect contempt ALTERNATIVE ANSWER: {A) direct contempt ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘vu. Cand Dare law partners using the firm name C and D- jeys-at-Law. In an administrative case filed against “6, the Supreme Court (SC) found that C was not entitled to admission to the practice of law in the Philippines and ordered his name stricken-off from the Roll of Attorneys. Asa result, C and D changed their firm name to Law Office of D - Attorney-at-Law, C - Counsellor, with C handling purely counselling and office work while D is the law “practitioner. Are C and D liable for contempt of court? Explain your answer. (5%) SUGGESTED ANSWER: In adopting the firm name of “Law Office of D "= Attorney-atLaw, C - Counsellor,” C and D violated the following provisions of the Code of Professional Responsibility: "Rule 3.02 - “In the choice of a firm name, no " false, misleading or assumed name shall be used.” In including the name D in the firm name, even though he is referred to as a “Counsellor,” the impression is given that he can practice law. Canon No. 9 - “A lawyer shall not, directly or indi- rectly, assist in the unauthorized practice of law.” Attorney D may be suspended for such conduct. ©, being a non-lawyer, may be held liable for indirect contempt of court.‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION, QUESTIONS IN LEGAL ETHICS x 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 80 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. (5%) SUGGESTED ANSWER: 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 Section 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, ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION, ‘QUESTIONS IN LEGAL ETHICS m Atty. M is a partner in the law firm OMP & Associates. fa former classmate of Atty. M engaged the legal services 'Atty. M to handle his appeal to the Court of Appeals (CA) aan adverse decision of the Regional Trial Court (RTC) in his annulment case. After the notice to file brief was Beened by the CA, Atty. M met an accident which incapaci- {ated him from further engaging in law practice. May Atty. P, his partner in the law firm, file the required appeal brief for C? Explain your answer. (5%) TED ANSWER: spends on whether or not C knew Atty. M to be a xr of the OMP & Associates law firm when he hired Generally, the retainer of a member of a law firm is equivalent to the retainer of the firm itself. Thus, “if the said member dealt with dies or is incapacitated to render service, the law firm is bound to provide a “substitute. Hence, Atty. P may file the required brief “for C. On the other hand, if Atty. M was retained alone, without knowledge that he belonged to a law firm, P ‘may not file the required brief for C without the consent ‘of the latter. There is no statement in the problem that ‘(C knew M to be a member of the law firm OMP & Associ- "ates at the time that C engaged his services..‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS x. A judge who insults counsel and shouts invectives at a litigant is guilty of: (1%) (A) serious misconduct (B) committing acts unbecoming of a judge (© manifest bias and partiality SUGGESTED ANSWER: (8) committing acts unbecoming of a judge xm. A inherited @ 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 one-half (¥4) of the property to be recovered as his compensation What is this kind of attorney's fees? Can Atty. B enforce this contract against A? What are the respect relative to the collection of attorney's fees, Atty. B against each other? (5%) ‘SUGGESTED ANSWER: 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 prop- erty. 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 agree. ment declared null and void, or simply to refuse to pay attorney's fees to Atty. B on the basis of the said agree- ment. 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 fet 10 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS xm. 1d the services of Atty. D to prosecute his fuient of marriage cane in the Regional Til Court ). After a long-drawn trial, Atty. D was able to secure favourable judgment from the court. Unfortunately, M to pay in full the stipulated attorney's fees of Atty. D. ‘How can Atty. D collect his fees from M? Discuss fully. (4%) SUGGESTED ANSWER: He can collect his fees either by filing a motion in ‘the annulment of marriage case that he handled, and 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 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 Min 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. xiv. A person named and appointed by the court to defend ‘an absentee defendant in the suit in which the appoint- ment is made is an: (1%) (A) attorney-in-fact (B) attorney ad hoe (C) attorney de oficio SUGGESTED ANSWER: {B) attorney ad hoc ulSUGGESTED ANSWERS TO THE 2014 BAR EXAMINA QUESTIONS IN LEGAL ETHICS a sal xv. Will lawyer violate the Code of Profess of Professional Responsi- bility ithe forms a parttership with professionals obey isciplines like doctors, engincers, architects oF Sete, tants? Explain your answer (4) SUGGESTED ANSWER: He may form a partnership with other professionals as long as i is not for the practice of law. Canou Ne Oot the Code of Professional Responsibility (CPR) provides ihe Sot af eaten iy os Senne the Gi chen acne ch ep lawyers and members of other. professions or non-profes- sont peoar aa eerotgneee ener any part of the partne: sployme the practice of law. seat ee XVI. ‘Aperson who has been refused admission t iasion to the order of the Supreme Court but nonelliclees atteneon °o practice law is guilty of: (1%) (A) direct contempt indirect contempt {© criminal contempt SUGGESTED ANSWER: (B) indirect contempt 12 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS xvu. Judge Clint Braso is hearing a case between Mr. thy and Khristopher Company, a company where Wife used to work as one of its Junior Executives for ral years. Doubting the impartiality of the Judge, Mr ¥ filed a motion to inhibit Judge Clint Braso. Judge int Braso refused on the ground that his wife has long ‘resigned from the company. Decide. (4%) SUGGESTED ANSWER: ‘The fact that Judge Braso’s wife used to work for Kristofer Company is not a mandatory ground for his inhibition. However, Section 2, Canon 3 of the New Code of Judicial Conduct for the Philippine Judiciary provides that judges should disqualify themselves from participating in any proceeding in which “it may appear to a reasonable observer that they are unable to decide the matter in partially.” The Supreme Court has advised that a judge “should exercise his decision in a way that the people’s faith in the courts of justice is not impaired” (Pimentel v. Salanga, G.R. No. L-27934, September 18, 1967, 21 SCRA 160). While it may not be Teasonable to believe that Judge Braso cannot be impar- tial because his wife used to work as a Junior Execu- tive for Kristofer Company, the better part of prudence would dictate that he inhibit himself from the case involving the said company. vin. ‘The Integrated Bar of the Philippines (IBP) may inter: vene in a case involving a matter of public law or profes- sional concern as: (1%) {A) friend of the court {B) amicus par excellence (C) amicus curiae SUGGESTED ANSWER: (B) amicus par excellence 13‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS xox. After the pre-trial of a civil case for replevin, Judge D advised B’s counsel to settle the case because according to Judge D, his initial assessment of the case shows that B's evidence is weak. (4%) (A) Did Judge D commit an act of impropriety? Explain. ®) What remedy or remedies may be taken by B's lawyer against Judge D? Discuss fully. SUGGESTED ANSWER: {A} Yes, Judge D acted improperly. Sec. 4, Canon 3 of the New Code of Judicial Conduct for the Phil- ippine Judiciary provides that “judges shall not knowingly, while a proceeding is before or could come before them, make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in Public or otherwise that might affect the fair trial of ‘any person or issue.” In the case of Castillo v. Juan {G.R. Nos. L-39516-17, January 28, 1975, 62 SCRA 124), @ judge spoke to the complainants in two rape cases in his chamber before trial, and advised them to settle their cases with the accused because their evidence was weak. The Supreme Court found the conduct of the judge to be violative of duty of impartiality. ‘The Court stated that the judge should avoid any conduct that casts doubt on his impartiality. It is not merely a matter of judicial ethics. It ie impressed with constitutional significance. (B) B's lawyer could move for the disqualification or inhibition of the judge, and if he refuses to inhibit, his refusal can be raised to a higher court by certiorari. 4 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS xx. od Atty. Z to file a replevin case against C for an ged acceptance fee of F30,000,00 which was evidenced ‘by awritten 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 ‘js Atty. Z entitled to? (4%) | SUGGESTED ANSWER: Atty. Z is entitled to the entire amount of the attor- ney’s fees agreed upon because his services were termi- ‘nated by the client without just cause (Sec. 26, Rule 138, Rules of Court). 18‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS. x Justice B of the Court of Appeals (CA) was a former Regional Trial Court (RTC) Judge. A case which he heard asa 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. (5%) SUGGESTED ANSWER: ‘The refusal of Justice B to recuse from the case fs improper. In the case of Sandoval v. CA (G.R. No. 106657, August 1, 1996, 260 SCRA 283), involving the same facts, the Supreme Court held that the Court of Appeals 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.” 16 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS XXIL May a lawyer collect {ees for services rendered to his client despite the absence of an agreement to pay attor- ney’s fees? y) In the absence of a contract for the payment of attor- ney’s fees, what factor/s may be considered in fixing the amount of attorney's fees? TED ANSWER: 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 a well- ‘mown and accepted principle of law that no one should be permitted to enrich himselfat the expense of another” (Dominguez v. Court of Appeals, G.R. No. 52715, February 28, 1985, 135 SCRA 109). {B) The factors that may be considered are: {a} the time spent and the extent of the services rendered or required; (0) the novelty and difficulty of the questions involved; (@ the importance of the subject matter; (@) the skill demanded; (the probability of losing other employment as a result of acceptance of the proffered ‘case; the customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; s Ww‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS, (@ the amount involved in the controversy and the benefits resulting to the client from the service; (h) the contingency or certainty of compensation; (the character of the employment, whether oceasional or established; and @ the professional standing of the lawyer (Rule 20.1, Code of Professional Responsibility). 18. ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS xn. May a client hire additional counsel as collaborating counsel over and above the objection of the original ‘counsel? Ifthe client insists, may the original counsel withdraw from the case, and how? ANSWER: 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 orig- inal 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 los: ‘ef confidence in him. ) If the client insists on retaining a collaborating ‘counsel over and above the objection of the orig. inal counsel, the latter may withdraw his services when his inability to work with co-counsel will not |" redound to the best interest of the client (Rule 22.01, Code of Professional Responsibility}. XxxIV. (A) May an attorney talk to his witnesses before and during the trial? Explain In case of postponement of the trial, whose decision should prevail ~ the client or his attorney? Explain the governing rule. (4%) SUGGESTED ANSWER: (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). {B) On the matter of the postponement of the trial, the lawyer's decision should prevail. Rule 19.03 of the 19‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS Code of Professional Responsibility provides that “a lawyer shall not allow his client to dictate the procedure in handling the case.” Sec. 23, Rule 138 of the Rules of Court provides that lawyers have the full authority to bind their clients in all matters of ordinary judicial procedure. XXV. Judge A has an illicit relationship with B, his Branch Clerk of Court. C, the wife of Judge A, discovered the illicit affair and consulted a lawyer to vindicate her violated marital rights. If you were that lawyer, what would you advice C, and if she agrees and asks you to proceed to take action, what is the legal procedure that you should follow? Discuss fully. (4%) SUGGESTED ANSWER: Iwill advise her to file an administrative case against Judge A with the Supreme Court. I can tell her that she can also file civil or criminal actions against him. But an administrative case is confidential in nature and will, not unnecessarily drag the name and reputation of the court into the picture. xxv. (4) If an attorney has been granted by his client full authority to enter into an amicable settlement with the other party, may the client later on refuse to honor the amicable settlement forged by his attorney? Explain (8) In such instance as in (A) above, can the lawyer with draw from the case and collect in full his contracted attorney's fees? Why or why not? SUGGESTED ANSWER: (A) A compromise agreement effected by a client or by his attorney with special authority from him has upon the parties the effect of res judicata. ‘The client cannot refuse to honor the amicable 20 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS settlement forged by lawyer unless if the lawyer has gone beyond the limits of the authority granted him by his client. ‘The lawyer can withdraw from the case on the ground that the client is pursuing an immoral or illegal course of action by not honoring a compro- mise agreement validly entered into. He may recover his contracted attorney’s fees in full because, after all, he has performed all the services required of him. It is his client’s fault for refusing to honor the amicable settlement forged. 21‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS XXVIL Atty. C was hired by D to file an action against E for Tecovery of possession of real property. In their contract of service, they stipulated that D cannot compromise the case without the consent of Atty. C. After trial and unknown to Atty, C, D entered into a compromise with E. Atty. C withdrew from the case and collected from D: (1%) {A) his attorney's fees under their contract (B) his attorney's fees based on quantum meruit (C) nothing by way of attorney's fees SUGGESTED ANSWER: (A) his attorney's fees under their contract. 22 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS XXVIII. . Forma is a member of the Philippine Bar. He went York City, took the New York State Bar, and passed . He then practiced in New York City. One of hi clients filed a case for disbarment against him ing the money which was entrusted to him as nent for the filing fee and other incidental expenses damage suit. Atty. Forma was later disbarred for ty. Disheartened, Atty. Forma came back to the lippines and practiced as a lawyer Will his disbarment in New York be used against him purposes of disbarment proceedings here in the Philip- Atty. Forma may be disbarred in the Philippines if Ground for his disbarment in New York is also a id for disbarment in this country. But he is still 1d to due process of law, and the foreign court’s st against him only constitutes prima facie lawyer. He is enti- of unethical conduct 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, July 30, 2004, 435 SCRA | 417; Velez v. De Vera, A.C. No. 6697, July 25, 2006).SUGOESTED ANSWERS TO THE 2014 BAR EXAMOA QUESTIONS IN LEGAL ETHICS ae xxIK, If a lawyer volunteers his free client, (1%) legal service to a poor (A) a lawyer-client relationship is established betwee: is establi fween them {B) he is bound to serve his poor client with the same degree of competence, fidelity, and diligence as his paying client (© he is not justified to neglect the cause of his client for the client's inability to defray the costs of court litigation SUGGESTED ANSWER: (B) he is bound to serve his poor client with the same degree of competence, fidelity, and diligence as his paying client 24 ‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION. ‘QUESTIONS IN LEGAL ETHICS xxx, Can a lawyer who lacks the number of units required " py the Mandatory Continuing Legal Education (MCLE) “Board continue to practice his profession? May a lawyer be held liable for damages by his client * for the lawyer's failure to file the necessary pleadings to jsecute the client's case and as a result of which the "client suffered damages? Can a lawyer still practice his profession despite having arrears in his Integrated Bar of the Philippines (IBP) dues? TED ANSWER: He can, but they will be unable to comply with Bar Matter No. 1922 which requires that every pleading filed in court or a quasi judicial body shall contain an annotation of the number and date of their MCLE compliance, otherwise, their pleadings will be expunged and their cases dismissed. They will also be listed as delinquent members of the Inte- grated Bar of the Philippines, and the IBP Board ‘of Governors can recommend their suspension or disbarment to the Supreme Court. Until then, they ‘can continue to practice law but cannot file ple: ings in court or quasi-judicial bodies. {B) Yes, he may be held Hable. Rule 18.03 of the Code of Professional Responsibility 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 rela- tionship, want of reasonable care and diligence, and injury sustained by the client as the proximate result thereof, are the prerequisites to the mainte- nance of an action for damages against a lawyer.‘SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION. ‘QUESTIONS IN LEGAL ETHICS {C) Sec. 10, Rule 139-A of the Rules of Court provides that “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 the removal of the name of delinquent member from the Roll of Attorneys. Hence, a lawyer who is in arrears in the payment of his IBP dues may still practice his profession until he is suspended and/or disbarred. 26 2013 BAR EXAMINATION ESSAY QUESTIONS L it for Dormir Insurance Co.) in a suit filed by insurance nt Andy Limot who also sued Dormir Insurance. The policy requires the insured/claimant to give a en notice to the insurance company or its agent within from the occurrence of the loss. ice of the loss to the insurance agent, but admitted that the registry receipt so that he did not have any tary evidence of the fact of mailing and of the ss of the mailed notice. Dormir Insurance denied ity, contending that the timely notice had not been either to the company or its agent. Atty. Bravo's client, nt Negar, testified and confirmed that he never recewed notice A few days after Negar testified, he admitted to Atty that he had lied when he denied receipt of Limot’s he did receive the notice by mail but immediately ided it to defeat Limot's claim Ifyou were Atty. Bravo, what would you doin light of your ent’s (Carlos Negar's) disclosure that he perjured himself en he testified? (8%) TED ANSWER: If were Atty. Bravo shall promptly call upon Carlos my client, to rectify his perjured testimony by iting the same before the court. Should he refuse or fail to do so Ishallthen terminate relationship with him (Code of Professional ponsibility, Canon 19, Rule 19,02) stating that with thaving committed perjury he pursued an illegal conduct Sonnection with the case (Ibid., Canon 22, Rule 22.01).‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS 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 (Canons of Professional Ethics, Canon 41). Finally, as part of my duty to do no falsehood, nor consent to the doing of any in court (Code of Professional Responsibility, Canon 10, Rule 10.01, and the Attorney's Oath). Ishall file a manifestation with the court attaching thereto the notice of termination as Limot’s counsel. 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 Whe 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. (8%) ‘SUGGESTED ANSWER: Motion denied. ‘The motion 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 in 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. 28 ‘SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS ‘Atty. Roto may be compelled to testify. Asan officer court, a “lawyer shall excrt every effortand consider jist in the speedy and efficient ional lity, Canon 12). Furthermore, “a lawyer owes "fairness and good faith to the court” (Thid., Canon TIVE ANSWER: ‘Motion granted. It is true that being a corporate secretary does not ‘constitute a lawyer-client relation. However, Roto may be considered in the practice of law if part, this duties asa corporate secretary is to give legaladvice ‘or prepares legal documents for the corporation. Thus, z-client relationship may have been constituted stween Atty. Roto and the corporation. Consequently, it hia duty as an attorney “to maintain inviolate the sonfidence, and at every peril to himself, to preserve the ts of his client” (Rules of Court, , Rule 138, Sec. 20, . €, paraphrasing and arrangement supplied). ‘Atty. Roto learned from the company president ofthe sry and falsification, while Atty. Roto was in the ‘of his performance of his dutics as corporate eretary. Thus, he could not that matter {thout the consent of his client (Ihid., Rule 130, Sec. 24 m1. Miguel Jactar, a fourth year law student, drove his “Wehicle 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 Teviewing for the Bar examinations. 29SUGGESTED ANSWERS TO THE 203 BAR EXAMINA QUESTIONS IN LEGAL ETHICS es Under these facts, list and justify the potential objection: jections that can be made against Jactar's admission to the prac ission to the practice ‘SUGGESTED ANSWER: The potential objection that can be made against Jactar’s admission to the practice of law is the absence of good moral character (Rules of Court, Rule 138, Sec. 2), Jactar's bragging shout his connection with the courts and uttering veiled threats against Medroso indications of his lack of good moral character. His seta are contrary to justice, honesty, modesty or good morals (Un re Basa, 41 Phil. 276). He has acted ina manner that has violated the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the acceptedand customary rule of right and duty between, man and man (Tak Ng v. Republic, G.R. No. 1-13017, 106 Phil. 730, December 23, 1959). INOTES: Any anewer which explains the nature of absence of good moral character should be given full credit. The following additional objection should not result to a deduction nor should an absence of the additional objection also result to a deduction]. B. If light threats would be filed against him, then another potential objection would be the pendency of charges against him, involving moral turpitude (Rules of Court, Rule 138, Sec. 2). The question states, “Under these facts, list and Justify the potential objections that can be made against Jactar’s admission to the practice of law.” The question requires that an assumption be made tat Jactar has passed the Bar Exautlaation aad is aboot to take his oath as an attorney. It is suggested that the better question should have been: “Under these facts list and justify the potential objections that can be made against Jactar’s being admitted to take the Bar Examination.” 30 " atty. Doblar represents Eva in a contract suit against He is also defending Marla in a substantially identical suit filed by Bmma. In behalf of Eva, Atty. Doblar ms that the statute of limitations runs from the time of “breach of the contract. In the action against Marla, Atty. row argues the reverse position ~ ie. that the statute tion does not run until one year after discovery of the h. Both cases are assigned to Judge Elrey. Although not sole issue in the two cases, the statute of limitations is critical in both. Is there an ethical/ professional responsibility problem is situation? Ifa problem exists, what arc its implications potential consequences? (8%) JUGGESTED ANSWER: ‘Yes. There isan ethical/ professional responsibility jlem that results from the actuation of Atty. Doblar in the reverse positions. ‘The signatures of Atty. Doblar on the pleadings for Eva and for Maria, constitute a certificate by him that he Shas read the pleadings; tha! be s knowled; information and belief there is good ground to support them; and that the pleadings were not interposed for delay (Rules of Court, Rule 7, Sec.3,2™ par.). 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 cleary contradicts his theory for Marla. He has violated his professional responsibility mandated under the Rules ef Court. He has likewise violated the ethical responsibility that his appearance in court should be deemed equivalent toanassertion on his honor that in his opinion his client's ‘case is one proper for judicial determination (Canons of Professional Ethics, Canon 30, 2" par., last sentence]‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS Im 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 (Code of Professional Responsibility, Canon, 1, Rule 1.02) 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 duty is not to his client but tothe 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 (Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211 [1999], citing Magiasang v. People, G.R. No. 90083, October 4, 1990). Any means, not honorable, fair and honest, which is resorted to by the lawyer, even in the pursuit of his devotion to his client’s cause, is condemnable and unethical (Ibid.). v. 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 supportinglegal reasons you would state in your legal opinion on what Atty. Repatriar should do to resume his Philippine SUGGESTED ANSWER: Atty. Repatriar must prepare a sworn petition to re- acquire the privilege to practice law in the Philippines. He should manifest in his petition his desire to resume his Jaw practice in the Philippines, and he is not disqualified to practice law. The “right to resume the practice of law” 32 ‘SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS Is nocoxrm peetdenttata pevon rio eniatn. RA e S228 rid ee hr etrsteten eran nest oe rope weeny fore omnes ere a eee tely affected with public interest that it is ene nove ch us interes ba oer and day ofthe Sate (throueh his Court) "Adherence to rigid standards of mental fitness, eee ee aoe of the legal profession, compliance with the Seg theo reesian compliance wit cee ee ner te eceaitene] ronment ieee Se cepdtng inn ncaa fr enering idence which the court and lente repo ni for ee Bi foresees he preg te oat on 2012). SSE eee eae admission to the bar and is, in fact, a continuing See a ee eee at ee eres No. 2112, supra). Having retained Philippine e212, cove ering etoad Wullenne Nee ipreme Court may require. On the other hand, if Atty. Repatriar has lost his ‘Philippine citizenship, he must submit the following: Petition for Re-Acquisition of Philippine Citizenship; 38‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS Bb. Order (for Re-Acquisition of Philippine citizenship); c Oath of Allegiance to the Republic of the Philippines; 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 tobe ‘© member of the Philippine Bar” (B.M. No. 2112, In re: Petition to re-acquire the privilege to practice law inthe Philippines, eupra). 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. (Ibid) 5. Acertificate 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. Repatriar does not have any previous or pending disciplinary action filed against him before that body. vL 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. 34 ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘The audit revealed many different defects in the granted many petitions had not been verified; the required es of some petitions were not furnished to the Office of Solicitor General and the Office of the Provincial ecutor; docket fees had not been fully paid; the parties ¢ not actual residents within the territorial jurisdiction, ithe court; and, in some cases, there was no record of the 9ss-examinations conducted by the public prosecutor or documentary evidence marked and formally offered. All , viewed in their totality, supported the improvident, indiscriminate grant that the OCA found If you were the counsel for Andy Malasuerte and other 88 whose marriages had been improperly and finally “Judge Contaminada, and state where and how you ould exercise these options. (8%) TED ANSWER: As counsel for Andy Malasuerte, I have the option of ipating in the administrative proceedings by filing jverified complaint in writing against Judge itaminado, with the Office of the Court Administrator, orted by affidavits of persons who have personal ige of the facts alleged therein or by documents sich may substantiate said allegations. The complaint state clearly and concisely the acts and omissions uting violations of standards of conduct prescribed judges by law, the Rules of Court, the Code of Judicial (Rules of Court, Rule 140, Sec. 1) and the new of Conduct for the Philippine Judiciary. [NOTES AND COMMENTS: The question clearly refers to ratively proceeding against Judge Contaminada.” itis fed that some credit should be given if the examinee Sclusses the options available for Andy Malasuerte to obtain ef with regard to his improperly and finally annuilied marriage.]‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS vu. In an action to prevent the condominium developer from building beyond ten (10) floors, Judge Cerdo rendered. Judgment in favor of the defendant developer. The judgment became final after the plaintiffs failed to appeal on time. Judge Cerdo and Atty. Cocodrilo, counsel for the developer, thereafter separately purchased a condominium unit each from the developer. Did Judge Cerdo and Atty. Cocodrilo commit any act of impropriety or violate any law for which they should be held liable or sanctioned? (8%) SUGGESTED ANSWER: Judge Cerdo and Atty. Cocodrilo did not commit any act of impropriety nor did they violate any law. ‘The prohibition imposed by the Civil Code, Art. 1491 (5), prohibiting judges and attorneys, and that contained in the Canons of Professional Ethics, Canon 10, with regard to purchase of any interest in the subject matter of the litigation both refer only to instances where the Property is still the subject of the litigation. The prohibition does not apply to instances, such as in the problem, where the conveyance takes place after the judgment because the property can no longer be said to the “subject of litigation” (Director of Lands v. Ababa, G.R. No. L-26096, February 27, 1979, 88 SCRA 513). ALTERNATIVE ANSWER: Atty. Crocodilo did not commit any ethical violation nor did he violate any law when he purchased a condominium unit from the developer. The prohibition under the the Canons of Professional Ethics and under the Civil Code, Art. 1491(5) finds application only while the property is still the subject of litigation. With the judgment having attained a state of finality, the property can no longer be said to be the “subject of litigation” 36 ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS of Lands v. Ababa, G.R. No. L-26096, February ‘88 SCRA 513). technically, Judge Cerdo has not violated the ofthe Civil Code, Art. 1491 (3) when he purchased nium unit from the developer because the has attained a state of finality, there may be ‘concerns on the ethical aspect of what he had done. © Familiaris the maxim, Non omne quod licet honestum ot everything that is legal is ethical). Judges, like Cerdo should be free of any whiff of impropriety. shall avoid impropriety and the appearance of ty in all of their activities (New Code of Conduct Philippine Judiciary, Canon 4, Sec. 1). “His purchase of a condominium unit from the veloper might be interpreted by some quarters as a ration for his having decided the case in favor of defendant developer. vm. © The criminal case arising from the P10-Billion Peso barrel scandal was raffled to Sandiganbayan Justice o Cobarde. Afraid that he would antagonize the ;, his political patrons and, ultimately, his judicial rr, he decided to inhibit from participating in the case, giving “personal reasons” as his justification. TED ANSWER: ‘The grounds relied upon by Justice Cobarde for his sition conveys the impression that “the parties” and political patrons” are ina special position improperly influence him in the performance of judicial duties ‘Code of Conduct for the Philippine Judiciary, Canon Sec. 8), Furthermore, the Sandiganbayan sits in ms, so the fears of Justice Cobarde are unfounded,‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS Justice Cobarde should not shirk from the performance of his judicial duties. I would file a motion with the Division of the Sandiganbayan in which Justice Cobarde is sitting for the remittal of his voluntary inhibition. I would advance in motion the reasons why the “personal reasons” set forth, by the Justice are insubstantial and does not merit hie inhibition. I would likewise set the motion for hearing as appropriate. [NOTES: The decision of Justice Marciano Cobarde to inhibit himselfon account of “personalreasons” is not conclusive, and his competency may be determined on an application for mandamus to compel him to act (Palang v. Zosa, G.R. No. L- 38229, August 30, 1974, 58 SCRA 776]. ‘The voluntary inhibition of Justice Marciano Cobardeis not ‘subject to mandamus because voluntary inhibition involves the exercise of discretion (Gutang, et al.,v. Court of Appeals, etal., G.R. No. 124760, July 8, 1998). x. 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 sometime. Judge Patron, a close friend of Judge Apestado, acceded lo the request, teiling the iatter 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? (8%) SUGGESTED ANSWER: Yes, the three (3) of them committed ethical/ administrative violations for which they can be held liable. ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS impropriety which tends to influence or give the of influencing the court (Code of Professional » Canon 13). A lawyer shall not extend ‘attention or hospitality to, nor seek Ubid., 13, Rule 13.01). Marked attention and unusual on the part of a lawyer to a judge, uncalled for personal relations on the parties, subject both the ‘and the lawyer to misconstruction of motive and ‘be avoided (Canons of Professional Ethics, Canon par., 1* sentence). Even if the purpose of the ‘was merely to “ask advice on how to expedite the on of his case,” Atty. Hermano still acted outside bounds of ethical conduct. This is so because a deserves rebuke and denunciation for attempt to gain from a judge spe ~ Both Judge Patron and Judge Apestado may be held for having the dinner meeting with Atty. Hermano. shall ensure that not only is their conduct above ‘but that it is perceived to be so in the view ofa onable observer (New Code of Conduct for the ippine Judiciary, Canon 2, Sec. 1). Judges shall avoid priety and the appearance of impropriety in all of activities (Ibid,, Canon 4, Sec. 1). Their having ‘with Atty. Hermano, a practicing lawyer, could be trued as appearance of impropriety. ‘Judge Patron for having allowed himself to used as a je” by Atty. Hermano, his fraternity “brod” to meet with Judge Apestado exhibited judicial misconduct in the ‘manner: Judges shall refrain from influencing jm any manner the outcome of litigation or dispute nding before another court (Ibid., Canon 1, Sec. 3). hermore, in allowing Atty. Hernando to take Advantage of his fraternity bond, Judge Patron allowed the use of the prestige of judicial office to advance the "Private interests of others, conveyed or permitted his ity “brod” to convey the impression that he is ina 39‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS special position to influence the judge (Ibid,, Canon 1, Sec. 4, 2 sentence). 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 from judicial colleagues in respect of decisions which the Judge is obliged to make independently (Ibid., Canon 1, Sec. 2). Finally, in having a 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). x Asanew lawyer, Attorney Novato started with a practice limited to sca! egal counselling, and notarization of documents. He put up a solo practice law office and was assisted by his wife who scrved 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. He had the foresight of investing in a good heavy duty copier machine that reproduces quality documents, and charges a reasonable fee for this service. He draws electric power from an extension wire connected to an. adjoining smail restaurant. He put up a shingle that reads: “Atty. Novato, Specialist in Small Claims, Fastest in Notarization; the Be stand Cheapest in Copier Services.” Is Attorney Novato'smanner ofcarrying out hisprofessional practice ~ie,, 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? (8%) 40 ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS DANSWER: Attorney Novato’s manner of carrying out his ? practice is not in keeping with appropriate jand professional practice. He has degraded the law on which may result to loss of respect to lawyers whole. The use of a makeshift hut standing alone would the impression that the lawyer does not have a ent address which is required to be stated in all ys he signs as well as required to be shown in he notarizes. His shingle shows that he has considered the law on as a business. He should have a separate for his copier services business. When he ‘included in his shingle the phrases in Small Claims” and “Fastest in Notarization,” transgressed the rule that a lawyer in making his legal services shall use only dignified on or statement of facts (Code of Professional ibility, Canon 3). So also the norm that a lawyer mot’ use or permit the use of any misleading, fied, self-laudatory or unfair statement or claim his qualifications or legal services (Ibid., Canon 3.01). phe use of the phr ¢ in Small Cl stest in Notarization” is misleading advertisement yuse they are likely to create an unjustified ition about the results the lawyer can achieve or that the lawyer can achieve results by improper {ABA Model Rule 7.1.b). NOTES AND COMMENTS: The examinees have sixteen 6) minutes to answer each essay question. Thus, they have than ample time to write exhaustive answers to the The citations are merely guides. Examines should full credit even if they do not include the citations).‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS MULTIPLE CHOICE QUESTIONS 1. Under the 2004 Rules of Notarial Practice, what may be used to satisfy the requirement of “competent evidence of identity"? (1%) (A) Passport, Senior Citizen card, HMO card; (B) Police clearance, credit card, Professional Regulatory ‘Commission 1D; (C) Voter's ID, NBI clearance, Driver’s licen: (D} Ombudsman’s clearance, private office ID, Phil- Health card; (E) Allof the above SUGGESTED ANSWER: {C) Voter's ID, NBIclearance, Driver’s license (Notarial Act, Sec. 12). ‘The following are duties of a lawyer but only one of these is expressly stated in the Lawyer's Oath. Choose the express duty that the Oath contains. (1%) To maintain a respectful attitude towards the To uphold the honor and dignity of the legal profession; (©) Toact with courtesy, candor and fairness toward other lawyers; {D) Todono falsehood, nor consent to the doing of any in court; (8) Torespect the courts and uphold the dignity of the profession. SUGGESTED ANSWER: {D) To do no falsehood, nor consent to the doing of any in court. (Lawyer's Oath) 42 ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS Atty. Avaro has consistently failed to pay his annual 1 for several years. Demand letters have been sent, ‘and he has acknowledged receipt of these letters. 7 all the IBP’s efforts proved futile. As a result, the ent Atty. Avaro a notice that his name would be stricken, Roll of Attorneys. "Was the IBP's action correct? (1%) (A) No, because default in the payment of annual dues ly warrants suspension of Integrated Bar members; {B) Yes, because non-payment of annual dues is an gator of the lawyer's moral fitness; refusal to pay is to honor his obligation to the IBP; {€) No, because failure to pay affects a member's bility to practice, but not his membership in the Bar; (D) Yes, because payment of membership dues and lawful assessments are conditions sine qua non to the age of practising law and to the retention of his name Roll of Attorneys; {8} None of the above choices is correct. TED ANSWER: _ (B) None of the above choices is correct. ‘The striking out of names in the Roll of Attorneys can ordered only by the Supreme Court. Also, due process ust be observed. ‘The Constitution vests upon the Supreme Court the sr to integrate the Philippine bar (Legal and Judicial IV. Ms. Seller and Mr. Buyer presented to a unissioned notary public a deed of sale for notarization. Rotary public explained to them the transaction the eed embodies and asked them if they were freely entering transaction. After the document was signed by all the ies, the notary public collected the notarial fee but did issue any BIR-registered receipt.‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘The notarization of the deed is __. (1%) (A) neither unlawful nor improper because he explained the basis for the computation of the notarial fee; (B) unlawful because he did not issue a BIR-registered receipt and did not post in his office the complete schedule of chargeable notarial fees; (C)_ proper because he is not required to issue receipts for notarial fees; (D) improper because he did not ask Ms. Seller and Mr. Buyer if they needed a receipt; (E} proper because any irregularity in the payment of the notarial fees does not affect the validity of the notarization made. SUGGESTED ANSWER: (£) proper because any irregularity in the payment of the notarial fees does not affect the validity of the notarization made (Ocampo v. Land Bank of the Philippines, G.R. No. 164968, July 3, 2009, $91 SCRA 562, 571-572). V. In order to comply with the MCLE requirements, Atty. Ausente enrolled in a seminar given by an MCLE w er professional commitments, he would send his messenger or a member of his legal staff to register his attendance at the MCLE sessions so he could be credited with the required qualifying attendance. He would also ask them to secure the printed handouts and the lecturers’ CDs, all of which he studied in his free time Atty, Ausente should be (1%) (A) required to make up for his absence by attending lecture sessions in other MCLE providers; (B) sanctioned because he circumvented or evaded full compliance with the MCLE requirements; (C) excused because he attended to profession-related tasks, and fully studied the courses through the materials and CDs he secured; 44 SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS penalized by forfeiting all his earned MCLE units; excused because attendance by proxy isa widespread sanctioned because he circumvented or evaded ‘with the MCLE requirements (Mandatory muing Legal Education, Rule 12, Section I(e)). | Plaintiff Jun Ahorro filed a complaint for collection n of money before the Regional Trial Court of Manila of the large amount of his claim, he had to pay a docket fee. He insisted on paying the docket fee and fees in installments because staggered payment is under Rule 141, as amended. The Office of the Clerk srt (OCC) refused to accept the complaint unless he paid amount of the docket and other required fees. Plaintiff Jun Ahorro’s position (1%) {B)_is justified because it is discretionary on the part OCC to accept staggered payment; {C)_ is incorrect because the amendment on staggered. ent has been suspended; {D)__is not allowed because the full payment of docket jurisdictional; (8) cannot be allowed because of its prejudicial impact Judiciary’s financial operations. _ {D) isnot allowed because the full payment of docket Jurisdictional (Rules of Court, Rule 141, Sec. 1). Vil. Atty. Anunciante is engaged in the practice of and has a regular, live, weekly TV program where he ‘advice to and answers questions from the audience hd program viewers concerning U.S. immigration problems. 45‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS Occasionally, advertisements inviting viewers to watch his ‘TV program are shown outside his regular program schedule, Because of the popularity of his TV program, the number of 8 law practice clients increased tremendously. ‘The TV program of Atty. Anunciante is. a%, (A) permissible because it is public service in nature; (8) objectionable because the work involves indirect advertising or solicitation of business; (C) improper because it gives him an unfair advantage over other lawyers; (D) ethically allowable because it does not violate the traditional standards of the legal profession; (©) None of the above. SUGGESTED ANSWER: (£) None of the above. VIL. Vito is a notorious gangster in the province who hhas been accused of raping and mercilessly killing a 16-year old girl. Sentiments run very strongly against him and the local Bar Association met and decided that no lawyer in the ality would represent him. Vito could notafford the services of an out-of-town counsel Choose the most appropriate legal and ethical ‘characterization of the decision of the local Bar Association. (1%) (A) It is within its right to make, since lawyers may freely decide who to represent and who not to represent; (8) Itis unethical; it constitutes a collective denial of Vito's right to the assistance of counsel; {C) Itconstitutes an anticipated actofcontempt towards the court that may order any of the members of the association to represent the accused; (D)_Itmust be concurred in by each member of the Bar Association to have any binding force; (G) Itis unethical because the Bar Association already 46 It is unethical; it constitutes a collective denial right to the assistance of counsel (Code of ‘Responsibility, Canon 14, Rule 14.01; 1987 1K. Graft Investigator Atty. Retirada served the Office Deputy Ombudsman for eight years before retiring ‘the service. While still a Graft Investigator, she tigated a government contract for office supplies where ‘was the supplier. The transaction was supposedly iced. Atty. Retirada recommended that no charges be ‘against the officials involved and the recommendation ited Mr. Sakim as the supplier involved in the ction, ‘After her retirement from the service, Atty. Retirada’s Fvices as counsel were engaged by Mr. Sakim as counsel present the Sakim family in a claim against the State from a family property that had been expropriated. Retirada now consults you about the ethical (A) Having been in government service, she cannot ff represent a party with a claim against the State; (B) Having once handled acase involvingher prospective Mt, a conflict of interest would exist if she were to accept engagement; (C) Representing the Sakim family would involve the aMethical use of information she obtained while in pvernment service; (D) There is no ethical objection to her acceptance of engagement because the case is neither criminal nor ministrative in character; (&) Acceptance of the engagement shouldbe on condition‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS that Atty. Retirada would withdraw if a conflict of interest situation arises. SUGGESTED ANSWER: {D) There is no ethical objection to her acceptance of the engagement because the case is neither criminal nor administrative in character. ‘There is no conflict of interest since the case involved is an expropriation case (R.A. 910, Sec. 1). X. Your clientis the plaintiffin a civil case for damages arising from a car accident where he sustained serious physical injuries and damages amounting to P1Million. The counsel for the defendant asks you to give him a proposed amount for purposes of settlement and you are aware that whatever amount you tell him would not readily be accepted and would probably be cut into balf. What is your best legal and ethical course of action? (1%) {A) Inflate your proposal to make allowances for a compromise; (B) Tell the defendant's counsel the correct amount of damage {C) Offerhim a reasonably low amount so that the case can immediately be settled; {D) Ask the defendant’s counsel to first submit his negotiating figure; (8) Play hard-to-getand initially refuse all the defendant's ‘SUGGESTED ANSWER: (D) Ask the defendant’s counsel to first submit his negotiating figure. It is the defendant that must submit first the negotiating figure. 48 [SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘Candido engaged the services of Atty. Lebron in a case. In the course of their consultations, Candido ‘to Atty. Lebron that he committed the crime and in ly planned its commission. He stressed, however, er no circumstance would he admit or confess to the ‘charge he is facing and, in fact, would enter a plea of guilty” on arraignment. Candido insists on his planned plea, Atty. Lebron (1%) discontinue his representation; to continue would since he would then be aiding the accused in {@ deliberate faischood on the court ‘allow Candido to choose his course of action; Atty ons duty is to protect all his legal and statutory rights; © (C} convince Candido to plead guilty and withdraw from if Candido refuses to heed his advice; {D) fle a manifestation, i¢ Candido pleads “not guilty,” g to the court what he knows of the truth; {@) play matters by ear and wait for developments as ido may still plead guilty. STEDANSWER: “{B) allow Candido to choose his course of action; .Lebron’s duty is to protect all his legal and statutory {Code of Professional Responsibility, Canon i4, 14.01). (©) convince Candido to plead guilty and withdraw ‘the case if Candido refuses to heed his advice. XII, A Regional Trial Court issues a temporary ing order (TRO) halting the demolition order issued the City Mayor who has long loathed the cluster of ties put up by informal settlers along the road leading to‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS the city's commercial district. The TRO, however, carried conditions that must be in place before the threatened demolition can be fully halted. ‘The city legal officer advised the City Engineer's Office and the local PNP chief that the TRO's conditions are not in place so that the demolition could proceed. The city filed a manifestation reflecting the city legal officer's position, while the informal settlers’ counsel sought its own clarification and reconsideration from the court, which responded by decreeing that the conditions have been fulfilled. Despite this ruling, the city legal officer insisted that the conditions have not been fulfilled and thus gave the PNP clearance to aid the City Engineer's Office in proceeding. with the demolition From the perspective of professional ethics, how would you characterize the cily legal officer's actions?(1%) {A) It is unethical since he counseled ci disregard a court order; (B)_Itis ethical, since he acted in accordance with his honest conviction after considering that the court's conditions have not been met; (C)_ It constitutes indirect contempt, but the lawyer cannot be disciplined because he acted out of his firm and honest conviction; (D}_ itis neither contemptuous nor unethical since he was performing his duties as city legal officer; (E) It is unethical since the City Legal Officer was simply blindly following the Mayor's wishes ervants to SUGGESTED ANSWER: {A) It is unethical since he counseled civil servants to disregard a court order (Code of Professional Responsibility, Canon 12). XIIL. The mediator assigned to a civil case happens to be your law school classmate and he makes a doctrinal statement about the rights of the parties. You knew that the [SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS {, although favorable to your client's case, is ‘ethical move to make under the circumstances is (1%) correct the mediator and state the right doctrine; | just keep quiet because the other counsel might out your relationship with the mediator; j reveal your relationship with the mediator and ask Jing counsel if he has any objections; request the Mediation Supervisor to immediately the mediator; sply withdraw from the case because of the unfair TED ANSWER: correct the mediator and state the right doctrine. part of my duty asa lawyer. reveal your relationship with the mediator and ‘opposing counsel if he has any objections (Code of onal Responsibility, Canon 15, Rule 15.04). Wanda finally became pregnant in the 10th year marriage to Horacio. Asher pregnancy progressed, she ited having difficulty breathing and was easily fatigued. ‘doctors diagnosed that she has a heart congestion due to a valve defect, and that her chances of ing a baby to full term are'slim. Wanda is scared and mplates the possibility of abortion. She thus sought Bl advice from Diana, a lawyer-friend and fellow church ber, who has been informally advising her on legal ‘What is Diana’s best ethical response? (1%) HA) Beg off from giving any advice because it is a‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS 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 ifthe pregnancy endangers the life of the mother; (C) Advise that it is a religious problem before it is @ medical or legal one, and Wanda should consult and follow the advice of her religious confessor, (D) Advise Wanda that abortion, above everything else, isa moral problem and she should only have an abortion ifit is an act she can live with; (E) Refrain from giving any kind of advice as abortion isa serious matter that cannot be resolved through informal consultations with friends and fellow church members. SUGGESTED ANSWER: (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 (Code of Professional Responsibility, Canon 2, Rule 2.01-2.02). XV. Based on the same facts as Question XIV, assume that Diana, aside from being a family friend of the couple, has been formally and informaily acting as their lawyer in all their personal and family affairs. She has represented them: purchase of their family home, for which they formaily paid the attorney's fees that Diana billed. In this instance, Wanda asked about her legal rights but did not formally ask for a written opinion from Diana. Horacio never had any input on the query as he was then away on an out-of-town trip for his office. Diana advised Wanda that she is fully protected in law and her best course of action is to have an abortion while het pregnancy is not yet far advanced. ing a car accident and in the Did Diana violate the prohibition against representing. conflicting interests when she provided legal advice t0 Wanda without Horacio’s knowledge? (1%) {A)_ Yes. The decision of whether to have an abortion 52. ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS decided by both spouses; thus, Diana should not egal advice in the absence of Horacio whose ‘and positions are unknown to her; | No. Diana did not give any formal advice that would legal practice calling for the strict observance of of interest rules; INo. The decision on whether or not to have an fies solely with Wanda; it is her body and health that No. Horacio and Wanda are married, any advice Wanda is deemed to have been given to Horacio as No. Giving advice to Wanda is not necessarily acting Horacio’s interest; Diana was giving advice based on best interest )ANSWER: Yes. The decision of whether to have an abortion ibe decided by both spouses; thus, Diana should not d legal advice in the absence of Horacio ‘concerns and positions are unknown to her (Code mal Responsibility, Canon 15). No. The decision on whether or not to have an lies solely with Wanda; it is her body and health in issue (Code of Professional Responsibility, 5 and Canon 18); (Reproductive Health Law). ABLE Law Office has a retainer agreement with , a businessman with shady connections, who has been charged with laundering money for an illegal syndicate using Cable Co., Santino’s holding company. 8 of ABLE Law Office assigned to handle Santino's unt have been impleaded as co-defendants for rating and actively handling the affairs of Cable Co. bid to strengthen its case against the defendants, ‘ution approached you (as the least guilty defendant qualify for a discharge as a state witness) and 53‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS offers to make you a state witness. Can you accept, within the bounds of professional ethics, the prosecution's offer? (1%) ()_No, as Santino’s lawyer you are duty-bound to protect his interests, ably represent him in court, and not turn against him; (B) Yes, as an officer of the court, you have the duty to disclose to the court information crucial to the case; (C)_ No, the information you acquired involving the criminal case against Santino is covered by the privileged communications rule; (D) Yes, a lawyer may testify against his client provided he first severs the lawyer-client relationship; (B)_ Yes, the law of self-preservation is akin to the law of self-defense and stands higher than any obligation you may have with your client. SUGGESTED ANSWER: {C) No, the information you acquired involving the criminal case against Santino is covered by the privileged communications rule (Code of Professional Responsibility, Canon 15, Rule 15.02); (Privileged Communication Rule). (8) Yes, as anofficer of the court, you have the duty to disclose to the court information crucial to the case (Code of Professional Responsibility, Canon 10, Rule 10.01). XVI. Under the same essential facts as the preceding Question XVI, assume that you have resigned from ABLE Law Office and that you were never impleaded as a co defendant, but during your stay with the firm, you assisted in handling the Cobra Co. account, which is largely owned by Cable Co. The prosecutor handling the case against Santino and the law firm asks you, as a former law firm member, if you 54 SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS ‘strengthen the prosecution's case and hints that fay be impleaded as a co-defendant if you do not is your best legal and ethical course of action? Offer to testify on what you know and provide against the defendants in exchange for a guarantee sity from prosecution in the case; Offer to provide evidence against Santino, but that you cannot testify against Santino because of the d communications rule; Decline to testify against the defendants and to evidence in the case as the attorney-client privilege ‘even beyond the termination of the relationship; (D) Decline to testify against the defendantsas whatever tion you acquired from Santino and Cable Co. in the of the lawyer-client relationship is privileged; ‘Alert the law firm to the prosecution’s offer so that can prepare for the evidence within your knowledge ‘the prosecution may use. ndants and to evidence in the case as the attorney-client privilege js even beyond the termination of the relationship of Professional Responsibility, Canon 15, Rule XVII. Youarea lawyer workingin the Public Assista: Yolly, a key witness in the case (reckless imprudence in homicide) you are handling, is indigent and While Yolly is willing to testify in court, you worry the judge might not be able to appreciate the impact of mony, as she has a difficult time answering English ons. You also worry that this might affect her credibility. Yolly has indicated that she might not have the to pay the fare to attend the trial. You are presenting ®F a8 a witness for the defense at the hearing next week 55‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS the case; Present the wiretapped conversation in court; inadmissible, its introduction and the disclosure of nce is a right that the public is entitled to; B) Leak the wiretapped conversation to the media, to public know what really happened; ‘Submit the wiretapped conversation to the Senate sin the best position to determine what to do with it; 3) Let Napo privately know, through 3rd parties, that Which of the following is nota permissible act for you to do? (19%) (A) Provide Yolly with money for fare to ensure her attendance in court; (B) Interview Yolly before trial, so that she will be more at ease when she testifies before the court; (C)_ Prepare a judicial affidavit of Yolly’s testimony, which she will then verify before the court; ‘aware of the existence of the taped conversation, (D) Provide her with sample questions that you might hhint that he can still hope for a lighter penalty if he ask in the hearing tomorrow; te. {E) All the above are permissible, DANSWER: SUGGESTED ANSWER: Disregard the wiretapped conversation as it fs {B) All the above are permissible. ‘and will not serve any useful purpose in the Allare permissible; therefore, (E) should be equivalent the case (Code of Professional Responsibility, to none of the above. 12). XIX, You are a lawyer working at the Office of the Special Prosecutor and you are part of the team handling the case against former Senator Avido who is charged with plunder. Based on your assessment of the evidence that the complainant Linda submitted, you know that the case against former Senator Avido is weak, although you instinctively feel that he is guilty. You inform your friend Atty, Curioso (who works with the office of Senator Elmismo, a known political rival of Senator Avido) regarding your instinctive feeling about Senator Avido. Atty. Curioso springs a surprise by giving you a recording of the wiretapped conversation between Senator Avido and Napo, a private party co-accused, about the transaction complained of and how they would split the proceeds. Armin, holding a transfer certificate of title to a town Calamba in the name of Bobby, shows you ‘and claims that Bobby sold him the lot. He then asks, draft a deed of sale covering the transaction. In reply Query on where Bobby i, Armin explains that Bobby pe (Armin) Dfattorney which he also shows to you, The power of empowers Armin to do everything that Bobby can do Calamba lot, but you note that it does not specifically ize Armin to sell the property. Armin also assures you ‘wants the deed of sale drafted so he can send it to for his signature even while overseas. ‘will you act under the given circumstances? (1%) What will you do under these circumstances? (1%) Agree to draft the deed of sale, subject to your usual (A) Disregard the wiretapped conversation as it is inadmissible and will not serve any useful purpose in the da special power of attorney that would support the 56‘SUGGESTED ANSWERS TO THE 2013 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS 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 itis only a draft _Galing is a Bar topnotcher. He has been teaching that Bobby still has to consider and sign; for subjects in a law school for eight (8) years and has (E) Refuse to have anything to do with Armin’s request. sred the subjects he is handling, Is he exempt from because it is a potentially problematic situation given the _ [CLE requirement? price of lots in downtown Calamba. 4 | No, eight (8) years experience is not enough; : Yes, since he has mastered what he is handling, Carermsed traded) } Yes, professors of law are exempted; (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 (Code of Professional Responsibility, Canon 18). Rey has been a professor in the Legal Management —200000— partment of Y University for thirty (30) years. He jes Constitution, Obligation and Contracts, , Introduction to Law. Is he exempted from the requirement? more than ten (10) years; No, because he 1s not teaching in the College of Law; Yes, because of his field of knowledge and experience: fo, because he is not teaching in the College of term of Dean Rex of X College of Law expired in the ‘Year of the third compliance period. Does his Emption extend to the full extent of said compliance No, he must comply with all the unit requirements; 58‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS QUESTIONS IN LEGAL ETHICS b) Yes, to the full extent; ©) No, but comply proportionately; : Yes, but he must apply for exemption. if admitted to the Bar and there are four (4) months remaining of the compliance period. SUGGESTED ANSWER: is the purpose of MCLE? a) No, he must comply withall the unit requirements, conform with the requirements of international 4. What is the duration of MCLE Compliance Period? Me venue to esorove fanernat relations a) Twelve (12) months; lawyers; b) Twenty four (24) months; keep abreast with law and jurisprudence and to ©) Thirty six (36) months; 3 in the ethical standards of the profession; ) Eighteen (18) months “To supplement legal knowledge due to substandard ‘schools, SUGGESTED ANSWER: ANSWER: ©) Thirty six (36) months. ‘Tokeop abreast with law and jurisprudence and to When does compliaunce period begin? © maintain the ethical standards of the profession a) When the lawyer actually begins law practice; tty. Aga was appointed as Treasurer by the IBP President 1) Upon admission/readmission to the Bar; tthe approval of the Board of Governors for a term ©) 01 October 2009; ous with that of the President. A year thereafter, ) 01 October 2006. ,_ Aga ran as Barangay Chairman of their place, and a leave of absence for two (2) weeks to campaign SUGGESTED ANSWER: iy Atty. Aga re-assume as Treasurer after his leave of nce? BONUS [A closer perusal of Rule 3 of the MCLE Rules _ would show that there is no accurate answer). Yes, since he lost in the election; No, because he was deemed resigned upon filing of his certificate of candidacy; Yes, because his position as Treasurer is coterminous with the President of the IBP; ) Yes, ifadmitted to the Bar and there are four (4) more No, because he should first seek the approval of the months remaining of the compliance period; IBP Board of Governors before running as Brey. ») No, wait for the next compliance period; ©) Yes, if he will start law practice immediately; Yes, if more than one (1) year remains of the ED ANSWER: compliance period. 6. Does the MCLE requirement apply at once to a newly- admitted lawyer? No, because he was deemed resigned upon filing of his certificate of candidacy. 6‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS 9. Atty. Magtanggol of the PAO was assigned to defendX who is accused of Slight Physical Injury before the MTC of a far-flung town. During the trial, PO2 Tulco appeared in court on behalf of the complainant. Atty. Magtanggol objected to his appearance since the policeman is not a ‘SUGGESTED ANSWER: member of the Ber. who should prosecute the criminal action; b) Atty. Magtanggol is just afraid that his client may be convicted through the efforts of a non-lawyer; ¢} In the courts of a municipality, a party may conduct his litigation in person or with the aid of an agent or friend; If a public prosecutor is not available, at least a private prosecutor who must be a lawyer should be designated. BONUS [The question is vague. Moreover, options B,C and D are unresponsive to the question]. Bong Tupak, @ second year law student, was charged in the RTC for Forcible Abduction with Rape. Having knowledge of criminal law and procedure, he dismissed the counsel de oficio assigned and appeared for himselt: He asserted that there was lack of force. Eventually, the RTC found him guilty of Consented Abduction and imposed the penalty. Bong Tupak now assails the decision, saving that there was a violation of due process because he was. allowed to appear by himself and he did not know that Consented Abduction is a crime. Decide. a) Anaccused before the RTC may opt to defend himself in person and he cannot fault others for his decision; b) The RTC should have appointed a counsel de oficio to assist the accused even if not sought or requested by the accused; ©) There was violation of due process. There is disparity between the expertise of a public prosecutor and the inexperience of a 2nd year law student. 62 a) The objection isvalid. It should be the public prosecutor Jaw school. She was assigned to handle a domestic SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘A 2nd year law student has sufficient knowledge of ‘criminal law and procedure, hence, he is competent “to defend himself. ‘The RTC should have appointed a counsel de oficio toassist the accused even ifnot sought orrequested ‘by the accused. Judge Bell was so infuriated by the conduct of Atty. Jno conveniently absents himself when his clients do ot pay his appearance fee in advance. Atty. X also uses pectful and obscene language in his pleadings. At ‘point, when his case was called for hearing, Atty. X fid not appear for his client although he was just outside door of the court room. Judge Bell directed the client ‘summon Atty. X, but the latter refused. Judge Bell then issued an Order directing Atty. X to explain why no fisciplinary action shall be imposed on him for this conduct but he refused the directive. Decide. RTC Judge Bell can suspend Atty. X from the practice of law before his sala; ‘The case of Atty. X can he dismissed due to non- appearance of counsel even though the party was _ Present; ‘The hearing of the case should be rescheduled in the interest of justice; The court can admonish the client for the unprofessional conduct of his lawyer and ask him to ‘change his lawyer. ED ANSWER: [Option A - not part of the scale of penalties; Options B, C and D are unresponsive to the question}. Debbie, topnotcher of their class, is now on her 4th year IW studies and has enrolled in the,legal aid clinic of th 63‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS ‘QUESTIONS IN LEGAL ETHICS violence and support case filed by their client again her husband. During the hearing, the clinic’s supervisi attorney introduced Debbie to the Branch Clerk of "action. Hee nity. Quiso must withdraw as counsel for Adam, otherwise he will lose his retainer. appearance of Debbie because she is not yet a lawyer, ee Decide. ‘Yes, proscription is against representation of opposing parties who are present clients or in an a} Debbie can proceed because the law student practice. unrelated action. rule allows a student who has finished 3rd year of the regular course toappear without compensation before Joseph, owner of an investment house, consulted a @ trial court; end, Atty. Miro, about a potential criminal action 1} Debbie can proceed since she is appearing only inst him because he cannot pay investors due to during the trial and did not sign the pleadings; mporary liquidity problems. Atty. Miroasked Mr. Joseph c) Debbie cannot proceed without the presence of their “ransfer to him all assets of the firm and he will take clinic’s supervising attorney; farge of settling the claims and getting quitclaims. A @) Debbie has proven her capability to handle the case ath later, Mr. Joseph was surprised to receive a and opposing counsel is objecting only now because 1d letter from Atty. Miro, as counsel for ali the he might lose to a law student. 3 imants, for the pay back of their investments. After ‘while, Mr. Joseph received releases and quitciaims ‘SUGGESTED ANSWER: Som the Resa ae desistance from filing criminal tion against him. Atty. Miro later told Mr. Joseph that ©) Debbie cannot proceed without the presence of, ent the demand letter so he can claim attorney's their clinic's supervising attorney. Was there a conflict of interest? 13. Atty. Quiso was the retained counsel for Alfa Security No, there was no formal engagement of Atty. Miro as ‘Agency and handled all the cases involving the company. tidast for Mr oceph ‘Adam, the Assistant Manager of the agency, hired Atty. Bree te Ging egal hivice to Mr. Joseph, the latter Quiso when he was sued in an ejectment case. Later, : became a client of Atty. Miro; ‘Adam was fired from the agency. Adam did not return @ No, there is no attomey-client relationship between vehicle and so, Atty. Quiso - as counsel for the security Mr. Joseph and Atty. Miro as no attorney's fee was agency - filed a replevin suit. Adam moved for Atty. charged nor paid to the latter; Quiso’s disqualification considering that the ejectment Yes, because Atty. Miro was representing Mr. Joseph case is still pending. Is there conflict of interest? when he disposed the assets to payoff the claims a) No, the cases are totally unrelated and there is no cccasion to unduly use confidential. information acquired from one case in the other; by No, Atty. Quisois duty bound to handle all cases of his client, including the replevin case against Adam; ¢) Yes, proscription is against representation of opposing parties who are present clients or in an ufrelated ITED ANSWER: Yes, by giving legal advice to Mr. Joseph, the latter ‘became a client of Atty. Miro. . Gelly passed the Bar in 1975. After taking his oath, ee 65‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS he did not enlist in any IBP chapter because he went to the USA to pursue a Master’s Degree. Eventually, he passed the state bar and specialized in Immigration law, In 2005, he returned to the Philippines and was hired by a law firm. He wishes to pay his IBP dues for the current year but the {BP is charging him from 1975 up to the present and threatening him with expulsion if he does not comply. Is the IBP correct? a) Atty. Gelly cannot be compelled to pay the IBP dues because he was not engaged in the practice of law from 1975-2005; b) Atty. Gelly is exempt from 1975-2005 because he was out of the country; ¢} Atty. Gelly should pay the dues from 1975 to the present since membership in the IBP is compulsary; ) Atty. Gelly should not pay because the rule on bar integration is unconstitutional for compellinga lawyer to join an association. ‘SUGGESTED ANSWER: ©) Atty. Gelly should pay the dues from 1975 to the present since membership in the IBP is compulsary. 16. Mr. Joey owns a 5-hectare parcel of land which is being expropriated as market site. The government is offering, only Php 15 per sqm while Mr. Joey deserves Php 20 per sqm. Atty. AI agreed to represent Mr. Joey in the expropriation case on contingent basis in that his attorney’s fees shall be the excess of Php 20 per sqm. Due to expert handling, the expropriation court awarded Mr. Joey the fair market value of Php 35 per sqm. Mr. Joey complained to the court that the attorney’s fee being charged is excessive as it amounts to about 63% of the award. Decide. a) A retainer’s agreement, as a contract, has the force oflaw between the parties and must be complied with in good faith; b) Itwas the excellent handling of the case that resulted ina bigger award; hence, it is fair that Atty. AI should 66 ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS rewarded with the excess; Mr. Joey got the desired valuation for his land. So, he qust honor his contract with Atty. Al; ‘Attorney's fees is always subject to court supervision, and may be reduced by the court based on quantum it. Attorney's fees is always subject to court _sipervision and may be reduced by the courtbased ‘Atras was the counsel for Mr. Abante. Soon after the ‘was submitted for decision, Mr. Abante got the files informed Atty. Atras that he was hiring another On that same day, a copy of the decision was ved by Atty. Atras but he did not do anything, re, He also failed to file his withdrawal, and no mee was made by the new counsel. When Mr. {te found out about the adverse decision, the period (had lapsed. Was service to Atty. Atras effective? (e3, Atty. Atras is still considered the counsel of Srecord until his withdrawal of appearance has bee actually filed and granted: " Service should be done on Mr. Abante because he had already severed lawyer-client relationship with Atty —Atras; Service should be done on the new counsel as soon as ‘he enters his appearance; Service upon Atty. Atras is not effective because his services have already been terminated by the client, EDANSWER: ‘Yes, Atty. Atras is still considered the counsel of Fecord until his withdrawal of appearance hasbeen Actually filed and granted. ity. Utang borrowed from Y Php 300,000.00 secured by Post dated check. When presented, the check was 67‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS ‘QUESTIONS IN LEGAL ETHICS dishonored. ¥ filed a BP22 case in court, anda disbarment complaint with the IBP. In the latter case, Atty, U moved for dismissal as the act has nothing to do with hig being a lawyer and that it is premature because the case is pendingand he is entitled to presumption of innocence, Should the disbarment complaint be dismissed? ‘there is conflict of interest because both Atty. Joan Cruz and Atty. Pedro Cruz belong to one law yy. Lorna, a legal officer of a government agency, and a} No, because lawyers may be disciplined for all act ‘a nurse in the medical department, were best whether professional or private; b) Yes, there is no conviction yet; er, revealing that she is living with a }_ Yes, BP 22 does not involve moral turpitude; BU cok tant ats tn a child aut of wadlock ‘No, unless he pays the amount ofthe check to the hered by another man. Later, the relation between eee Lorna and Ghona soured. When Ghona applied for 5 Answer: Atty, Lorna filed immorality charges against utilizing solely the disclosure by the latter of her ite life. Chona objected and invoked confidentiality 8) Ho, beonnse lawyers may be dleciplined for all nai nation from attorney-client relationship. Decide. whether professional or private. There is no attorney-client relationship because, being in the government, Atty. Lorna is disallowed from practicing her profession; No lawyer-client relationship privilege because the information was given as a friend, and not as a Atty. Juan Cruz of the Cruz, Cruz and Cruz Law Office personally handled a damage case of Mr. Gonzalo which. resulted in an award of Php 500,000.00. The writ of execution was served by Sheriff Onoy, but resulted in recovery of only Php 70,000.00.’ Mr. Gonzalo was “ unsatisfied and filed an administrative complaint. When ME secrets revealed! to Atty. Lorna for the eee ora pepe eae Ma ‘Purpose of secking legal advice is covered by atterney- ; 8, ged with Grave aces Threat. Ally. Pedro Crusof the samme Crus, Cris and Cag There is no attorney-client relationship because no Law Office appeared as defense counsel pro bono. Mr. Retericy’s fee was paid to Atty. Lorna. Gonzalo seeks his disqualification. Decide. a) No conflict of interest. The Grave Threat case arose out of a different factual scenario; b) There is conflict of interest because both Atty. Juan Cruz and Atty. Pedro Cruz belong to one law office; ©) Noconflict of interest since the court case was wholly handled by Atty. Juan Cruz. The law office did not participate in any way; No conflict of interest. No likelihood that information in the civil case can be used in the criminal case. ) Personal secrets revealed to Atty. Lorna for the Purpose of secking legal advice is covered by ttorney-client privilege. Nelson recently passed the Bar and wanted to Pecialize in marine labor law. He gave out calling cards ith his name, address and telephone number in front, and the following words at the back: “We provide legal ce to overseas seamen who are repatriated due Accident, illness, injury, or death. We also offer 68. 69‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION succesreo monet on ma ma snaon QUESTIONS IN LEGAL ETHICS ren QUESTIONS IN LEGAL ETHICS FINANCIAL ASSISTANCE.” Does this constitute ethical misconduct? ‘because the death of the handling lawyer ates the attorney-client relationship; a) No, clients have freedom in the selection of their counsel; b) No, use bf 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; «Yes, because the offer of assatance i eared aim o, the law firm - through another lawyer - should to appear for the client. SUGGESTED ANSWER: ch of these is not a ground for disbarment? ¢} Yes, because the offer of financial assistance is an ; wiction of a crime involving moral turpitude; undignified way of luring clients. ti nto a lawful order of: rent disobedience to a lawful order of a trial 22, Which of these does not constitute competent evidence of identity? Malpractice or other gross misconduct in office; Grossly immoral conduct. a) Passport; b) SSS card; c) Community Tax Certificate; @ Senior Citizen Card. SUGGESTED ANSWER: istrative complaints against Judges and Justices the Supreme Court are 7 ©) Community Tax Certificate. r oo cl of the Supreme Court 23, A recovery of ownership complaint was filed by the Dedo pe ont of the Supreme Court and Dedo Law Firm, through Atty. Jose Dedo as counsel: During all the phases of tra, it was Atty. Jose Dedo who appeared. Unfortunately, Atty. Jose Dedo died before ‘completion of trial. Notices and orders sent to tte Dedo and Dedo Law Firm were returned to the court with the manifestation that Atty. Dedo already died and requesting the court to directly send the matters to the client. Is this proper? siding Justice of the Court of Appeals; Office of the Court Administrator Sugh Falsification of a Commercial Document, a a) No, ww firm - jother lawyer - should ) No, the law firm - through another lawyer - shoul Boh ing moral turpitude What is the appropriate continue to appear for the client;‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS ‘QUESTIONS IN LEGAL ETHICS a) Disbarment; 2) Indefinite suspension; ¢) Suspension for three (3) years; ) Admonition. voluntarily terminating his membership with the o, because membership in IBP is compulsory for all SUGGESTED ANSWER: BF cecwhite TSP member aay terminate his embership for good reasons; "No, that is only a ploy to evade payment of IBP dues; “Yes, it will violate his right not to join an association. During the IBP Chapter elections, the candidates President were Atty. EJ, a labor arbiter of the NI DANSWER: Fiscal RJ of the DOJ and Atty. Gani of the PAO. canvass, Fiscal RJ garnered the highest number o votes, followed by Arbiter EJ and by Atty. Gani. The a) Disbarment. fes, an erstwhile IBP member may terminate his ‘membership for good reasons. winning Vice-President moved for the annulment of the: election for President because all the candidates {elects the members of the Board of Governors of the President are government officials and are disqualified, Decide. ‘The Presidents of all IBP Chapters; a) The election for presidency is invalid, and the elected ‘The members at large of the IB! Vice-President shall assume the Presidency by ‘The House of Delegates; succession; "The Past Presidents of all IBP chapters, bj The election is a failure, and new elections should b held; ©) Fiscal RJ and Arbiter EJ are disqualified. Atty. Gant should be declared winner; 4) All the candidates who are government officials aré deemed resigned upon their acceptance of elects the President and Vice-President of the IBP? nomination; and so, Fiscal RJ is winner. - “The House of Delegates. The President of all IBP Chapters; SUGGESTED ANSWER: The IBP members voting at large; ) The Board of Governors; a) The election for presidency is invalid, and the |) The outgoing 1BP officers. elected Vice-President shall assume the Presidency by succession. DANSWER: Atty. Edad is an 85 year old lawyer. He does not practice 9) The Board of Governors. law anymore. However, his IBP Chapter continues t0 send him notices to pay his IBP dues of more than ten Judge or judicial officer is disqualified to hear a case (10) years with warning that failure to comply will result b party is related to him by in the removal of his name, Piqued by this, Atty. Edad ba filed with the IBP Secretary a sworn letter notifying that 72‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS QUESTIONS IN LEGAL ETHICS a) up to the 6th degree; b) up to the Sth degree; ©) up to the 4th degree; pecause legal separation does not dissolve the ee ae 4 and, therefore, Victor's relationship with ‘SUGGESTED ANSWER: or is still considered illicit. Nacy personally witnessed a vehicular accident “A Meso men degre ie vee. Later, the Reckless Imprdence cae j is sala, Is there a valid ground for his 32. A judge or judicial officer should inhibit himself from Battied to his sal hearing a case before him where the counsel for eith Se Party is a relative by consanguinity or affinity — he is not acquainted nor related with any of the — ties or lawyers B uptime am de 9, his personal knowledge of what actually happened gb tw the un aesres, Bi even ensure that he wll decide the cam @ up to the 6th degree, "on the basis of the true facts; fes, because a judge should decide a case on the UGGESTED ANSWER: bbasis of the evidence presented before him and not 7 a - ‘on extraneous matters; be = 0 there is no ground for disqualification ») up to the 4th degree. 3, because e © and no motion for inhibition. 33. Victor has been legally separated from his wife Belen, fo fifteen (15) years, He has found true love and happin with Amor and they lived together as husband and wife pcause a judge should decide « case ox the ‘Amor convinced Victor to study lawand gave him financial OU rcs cvudtats ;reooutedhotere tunes ona net support. Recently, Victor passed the 2011 Bal ‘ : Examinations. Upon knowing this, Belen filed complaint against Victor forimmorality. Should Victor be allowed to Reba obtained two (2) year car loan from a take oath as an attorney? company. He never paid a single amortization , Er the lapse of two (2) years, the financing company Yes, his relationship with Amor is imbued with fd an administrative complaint against the judge for genuine love and cannot be considered immoral and a I failure to pay a just debt. Is the judge indecent; dministratively liabie? Yes, legal separation docs not allow the spouses:t0 Seniarrys No, ¢ loan is not connected with his judicial ©) No, because legal separation does not dissolve the enc Amor is ill considered mae co? ay Byes, because a judge should avoid impropriety or the 1or is still considered illicit; “appearance of impropriety even in his private @) Yes, itis totally unfair for Belen to complain since dealings; thay have lived scpannt ves, ‘No, the financing company should have availed of the | Temedy of foreclosure; m‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS ‘QUESTIONS IN LEGAL ETHICS 4) No, because the administrative charge is only me vecause Congressman Fred may exercise undue to force the judge to pay. fluence on his peers who are members of HRET; ‘the law firm is not disqualified because it is partner, and not Congressman Fred who is. SUGGESTED ANSWER: ring; b) Yes, because a judge should avoid impropriety, No, the prohibition is on Congressman Fred from the appearance of impropriety even in his te onally appearing, and not to his partners; — the spirit of the prohibition is clearly to avoid ‘and cannot be indirectly circumvented, 36. Bong, son of Judge Rey, is a fourth year law student. helped his friend prepare an affidavit-complaint fo Violation of Batas Pambansa Big. 22. After drafting, showed it to Judge Rey who made some correction , the prohibition is on Congressman Fred from Later, the BP 22 case was raffled to Judge Rey who tried personally appearing, and not to his partners. and convicted the accused. Was there impropriety? Mayor Ron is a well-loved law practitioner because @) Yes, since Judge Rey was not a fair and impartis ists his constituents, especially the indigents. Ba, Judge; ‘of his friends who is employed as Cashier in the b) No, the evidence for the prosecution was strong a ster of Deeds, sought his assistance because he was sutticient to prove guult beyond reasonable doubt; with Maiversation in court, Can Vice-Mayor ¢)_ No, because any other judge would also have convicted sppear as counsel of Ed? the accused; 4) No, those matters were not known to the accused. g) Yes, members of the Sanggunian are allowed 10 practice their profession; No, becauise Fd is charged with an offense in relation “to his office; ‘Yes, since the position of Ed does not pertain to the Tocal government; No, because all criminal cases are against the SUGGESTED ANSWER: a) Yes, since Judge Rey was not a fair and im judge. Atty. Fred is a law practitioner and headed a law firm bearing his name and those of his partners. When Atty: Fred was elected as Congressman, his client’s needs D ANSWER: were handled by the other partners. Later, A, a newly proclaimed congressman-friend, faced an election protest No, because Ed is charged with an offense in before the HRET, and sought the help of Congressman | felation to his office. Fred who immediately directed his law firm to appear for 7” A. B, the protestant, sought the disqualification of r. Noe was elected Vice-Governor and continued with Congressman Fred’s law firm from appearing before the law practice. Later, the governor went on sick leave HRET because Congressman Fred is prohibited from one (1) year and Atty. Noe was designated as Acting practicing his profession. Decide or. Since hearings have already been set, can Noe continue appearing as counsel in the cases a) Yes, Congressman Fred's law firm is disqualified d by him? 76‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION (QUESTIONS IN LEGAL ETHICS a) Yes, because his election is only as Vice-Governor, and his delegation as Governor is only temporary; b) Yes, but only for the hearings that have already bee @ Nor ll governors - even under ecting cepaataal prohibited from exercising their profession, ty to acontract does not know how to write. Neither oa in he affix his thumbmark because both hands were So0GreTeD, * tated. How will that person execute the contract? 4) No, all governors - even under acting capacity -; ‘Ask the party to affix a mark using the toe of his foot Ce ee © in the presence of the notary public and two (2) disinterested and unaffected witnesses to the Atty. Dude is the COMELEC Officer in a very dis Regiment; muntetpelity. He ts the only lawyer in that Sei ‘Ask the party to hold the pen with his teeth and affix clection period is over, he has much epene.kaal ‘a+ mark to be followed by the signature of one friend; people go to him for counseling, legal advice, preparat ‘The party may ask the notary public to sign in his of documents of Sale, Mortgage and the like. He does m ae charge a fee in money, but he receives gifts which are SE ehe above. offered. Ie there impropriety? STED ANSWER: a) Yes, giving legal advice and preparing egal document even if free, constitutes private practice of Te. cay ask the notary public to sign in his which is prohibited of government employees; oT a e No, it is only giving of advices, and not coll appearance; ©) Yes, because Atty. Dude accepts gifts; 4) No, since Atty. Dude does not accept money. Bective Judge: Court Administrator; Notarial Archives; Clerk of Court reports of a Notary Public are submitted to the: ‘SUGGESTED ANSWER: a) Yes, giving legal advice and preparing documents, even iffree, constitutes private p of law, which is prohibited of gover employees. A notary public is required to record chronologicall¥ . Tons c lipino lawyer. He has been teat eote te etired to pers 18 a 25 year old Filipino lawyer. He has be HFesident in Paranaque City for about ten (10) years and office in his reside fi ition for a) Notarial Book; in his residence. He filed a petition f 1) Roll of Documents Notarized; f \ce from the IBP and the Bar Confidant. However, ¢) Notarial Register; ppears that while still a college student, he was 79‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘QUESTIONS IN LEGAL ETHICS convicted by a Laguna Court for Reckless Imprudence Resulting in Damage to Property. During the summary hearing of his petition, the offended party therein stror objected on that ground. Can Atty. Tony be appointed? it is a retaining lien? ‘The lawyer who handled the case during the trial ‘should continue to be retained up to the appeal; ‘The right of the lawyer to be retained as counsel for > a party until the entire case is finished; ‘The right of a lawyer who is discharged or withdrawn to keep the records and property of the client in his ‘possession until his lawful services have been paid: ‘The prerogative of a client's retainer to recover out- of-pocket expenses. a) No, because he has a previous criminal record; b)_ No, because of the opposition; ©) Yes, the offense of Reckless Imprudence does not involve moral turpitude; Yes, since the Reckless Imprudence case did not ‘happenin the jurisdiction where Atty. Tony is applying, ‘SUGGESTED ANSWER: Be ANSWER: ©} Yes, the offense of Reckless Imprudence does not involve moral turpitude. ‘The right ofa lawyer who is discharged or withdrawn tokeep the records and property of the client inhis possession until his lawful services have been paid. grave misconduct, a lawyer was suspended from the tive of law indefinitely. Is he still obliged to pay his, dues during his suspension? 45, What is the effect when the parties to a document acknowledged before a notary public did not present competent evidence of identity? a) Voidable; Valid; } Invalid, Notarization; @) Unenforceable. "Yes, as he continues to be a lawyer and a member of the IBP; No, indefinite suspension is practically ee eee © disbarment; No need to pay IBP dues because he cannot practice ©) Invalid Notarization anyway, Pay only after the lifting of the suspension, if it 46. The petition for appointment as a notary public should be ao filed with: a) The Office of the Court Administrator Sorbet 1b) The Clerk of Court; c) The MeTC Executive Judge; d) The RTC Executive Judge. Yes, as he continues to be a lawyer and a member ofthe IBP. Because of his political beliefs, Atty. Guerra joined a sbel group. Later, he was apprehended and charged ith Rebellion in court. A disbarment case was also filed inst him. While the case was pending, the ment approved a general amnnesty program and SUGGESTED ANSWER: @) The RTC Executive Judge 80 81‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION ‘SUGGESTED ANSWERS TO THE 2012 BAR EXAMINATION QUESTIONS IN LEGAL ETHICS ‘QUESTIONS IN LEGAL ETHICS Atty. Guerra applied for and was granted amnesty. Should PRACTICAL EXERCISES the disbarment case be also dismissed automatically? MEMORANDUM WRITING a) Yes, because amnesty obliterates the criminal act ) No, disciplinary action on lawyers are sui generis Henry Chao is charged before the Metropolitan and general penal principles do not strictly apply; (MeTC) Manila with five (5) counts of Violation c) No, a lawyer has the duty to maintain allegiance to Pambansa Big. 22 (B.P. 22). Consider the factual the Republic of the Philippines and to support the: Constitution and obey the laws of the Philippines; 4d) Yes, ifthe Secretary of Justice approves the dismissal. from the testimonies of complainant Mr. Ben Que Mr. Henry Chao. to be the Defense Counsel and prepare a SUGGESTED ANSWER: FOR THE ACCUSED for your client, Mr. 8) Yes, because amnesty obliterate’s the criminal act. . of Mr. Ben Que the cases were called for joint trial) 80. 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 insuranice fraud. He revurned to the Philippines and started to practice law. X, who knew about his New York disbarment, filed a disbarment complaint with the IBP. Decide. Good Morning, Your Honor. Appearing for the prosecution. Ready Good Morning, Your Honor. Appearing as counsel for the accused. Ready. We are calling to the witness stand, the complainant, Mr. Ben Que, who will prove the commission of the offense. Mr. Ben Que, do you swear totell the truth, the whole truth and nothing but the in this proceeding? Yes, sir. State your name, age, status and other personal circumstances. Tam Ben Que, 60 years old, married, and a resident of 123 Tridalo Street, Mandaluyong City. Mr. Que, do you know Mr. Henry Chao who a) The factual basis for the New York disbarment which — is deceit also constitutes a ground for disbarment in the Philippines; b) Theacts complained of happened in a foreign country and cannot be penalized here; ©) Norms of ethical behavior of lawyers are the same worldwide; 4) A lawyer's fitness to become a lawyer must be maintained wherever he may be. SUGGESTED ANSWER: is the accused in this case and, if so, under what circumstances? 8) The factual basis for the New York disbarment Yes, sir. He is the Manager of Atlas Parts. which is deceit also constitutes a ground for Last June 01, 2011, accused borrowed from disbarment in the Philippines. me the amount of P50,000.00, with 5% monthly interest, payable in five (5) equal monthly installments of P12,500.00. He 82 88