BAR Q & A

LEGAL ETHICS
Iudge Ed Vincent S. Albano (Ret.)
Former]udge, Regional Trial Court, Branch 50, Pampanga (Ret.);
A.B. Political Science, Far Eastern University, 1970;
Ll.B., Institute ofLaw, FEU (Cum Laude); 1974
Professor of Law, San Beda University; San Beda College-Alabang; La Salle, Lipa City;
PLM; Former Dean, College of Law, University of Perpetual Help System-Laguna;
Professor and Bar Reviewer in Remedial Law, Civil Law, Political Law, San Beda University;
University of San ]ose Recoletos, Cebu City; Albano Bar Review Center.
Former Holder, Iuan Ponce Enrile and Pedro Concepcion
Professorial Chair in Civil Law, Institute of Law, FE U;
Author of the following books: Remedial Law Reviewer;
Torts and Damages; Civil Law Reviewer; Persons and Family Relations;
Pre-Week Reviewer in Legal Ethics; Political Law Reviewer;
Philippine Government and Constitution; Pre-Week Reviewer in Civil Law;
Pre-Week Reviewer in Remedial Law; Pre-Week Reviewer in Political Law;
Member of the Faculty, Philippine Iudicial Academy, Supreme Court;
Proprietor and Bar Review Director, Albano Bar Review Center (ABRC);
Member Board of Trustees, Holy Trinity College of General Santos City.

Co-Authols

Ed Vincent A. Albano, Ir. (T)

A.B. Political Science, Dela Salle University; Ll.B., Far Eastern University; 1999;
Law Practitioner; Professor of Law, University of Perpetual Help System-Laguna

Myla Khristabelle Albano-Pua

A.B. Legal Management, LIST; Ll.B., Far Eastern University; 2002;
Professor ofLaw, University ofPerpetual Help System-Laguna;
Former Securities Counsel III, Securities and Exchange Commission

Ed Vincent A. Albano III

A.B. Legal Mariagerrierit, LIST; Ll.B., Arellano Lfniuersity; Z005;
Professor ofLaw, University ofPerpetual Help System-Laguna;
University ofPasay; Author ofthefollowing books: Election Law,
Land Registration and Private International Law
Former Assistant Solicitor III, Oice ofthe Solicitor General
Bar Reviewer in Land Registration; Private International Law, Special Commercial Laws

2023 Edition
 Philippines Copyright, 2023

by

Judge Ed Vincent S. Albano (Ret.)

Ed Vincent A. Albano, Jr. (t)
Myla Khristabelle Albano-Pua
Ed Vincent A. Albano III

ALL RIGHTS RESERVED

No portion of this book may be copied or reproduced in books,

pamphlets, outlines or notes, whether printed, mimeographed,
typewritten, copied in different electronic devices or in any other form,
for distribution or sale, without the written permission of the author.

Any copy of this book without the corresponding number and the
signature of the author on this page either proceeds from an
illegitimate source or is in possession of one who has no authority
to dispose of the same.

�
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ISBN 978-621-02-1973-9

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 DEDICATION

This book is dedicated to my late parents, Andres Al-

bano and Guillerma Soriano and to my wife, Lilian, who
has been supportive of my activities through the years and
children Jonjon, Myia and Vinci who are now all lawyers
and co-authors of this book.

This is also especially dedicated to my late son, Atty.

Ed Vincent A. Albano, Jr., who has already joined his
creator.

Judge Ed Vincent$. Albano

To my wife Sheila and to my precious boy Sean Vin-
cent, this work is lovingly dedicated.

Atty. Ed Vincent A. Albano, Jr.

I dedicate this work to my husband Carlo who's ever
tolerate of me, and to our little angels, Carl Vincent and
Andrew Vincent.

Atty. Myla Khristabelle A. Pua

To my family and friends who have helped me pray to
hurdle the Bar Examinations, I offer my humble contribu-
tions to this book. To my wife Tiffany, this book is also
dedicated to you.

Atty. Ed I/incentA. Albano III

 ACKNOWLEDGMENT

The authors owe the completion of this work to the

people who unselshly extended their much need help in
putting this book together. We wish to thank them here,
however unembeliished it may be.

Linda Joya for providing advance sheets of Supreme

Court decisions cited in this book.

Nova Marie M. Estabillo, my assistant in the College of

Law, for industriously proofreading the manuscript of this
book.

Crystal Goc-Perez, my secretary in the law ofce, for

tirelessly encoding the manuscript of this book.

The Authors
 PREFACE

This book was prepared with the intention of making

the subject easier for the students to understand the
same. It is the author's belief that the reviewee must
easily understand the complicated aspects of the law;
hence, the simplicity of this work. This can also serve as a
guide for lawyers and judges in this practice and decision-
making.

This book contains important provisions of the law

and doctrinal decisions up to 2019 designed to prepare
the reviewees for the Bar Examination.

The authors wish to convey their heartfelt thanks to

all their friends for encouraging them to write the book.

The revision of this book was inspired by the positive

response of students, bar reviewees, and members of the
Bar.

It
may not be a perfect work, but we hope that it has
and will contribute to your success.

And to all of you who have been reading this book,

we thank you.

The Authors
 TABLE OF CONTENTS

Page

2010 . 1

2011 .30
2012 .81
2013.... .147
2014.... .192
2015.... .217
2016 .256
2017. .281
2018.... .313
2019.... .347
2020-21 .374
2022 .381

S6')('~>R
 BAR EXAMINATION 2010
LEGAL ETHICS and PRACTICAL EXERCISES

PART I
I
Prepare the following:
a. Verification and Certification against Forum
Shopping. (5%)
b. Petition for Letters Rogatory. (5°/o)

ANS: (a)

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Juan dela Cruz, after being duly sworn, hereby deposes

and states:

That he is the plaintiff in the above-entitled case; that he

has caused the preparation of the foregoing Complaint to be
prepared; that he has read the same and that the allegations of
fact therein contained are true of his personal knowledge or
based on authentic documents;

That (a) he has not heretofore commenced any action or

led any claim involving the same issues in any court, tribunal
or quasi-judicial agency, and to the best of his knowledge, no
such other action or claim is pending therein; and (b) if he
should hereafter learn that the same or similar action or claim

1
2 BAR Q & A
LEGAL ETHICS

has been led or is pending, he shall report that fact within ve

(5) days therefrom to this Honorable Court.

(b)

(caption)

PETITION FOR LETTERS ROGATORY

PLAINTIFF, through counsel, respectfully alleges:

1. That the above action is pending before this

Honorable Court and, for the purpose of completing
the evidence and presenting to the court all the facts
whereby a just judgment can be rendered, it is
necessary that the testimony of Mr. Juan dela Cruz,
who is presently residing in Hawaii, U.S.A.;
2. That the said witness will be unable to go to the
Philippines to testify in this case due to his ailment as
certied to by his doctor's sworn certicate hereto
attached as Annex “A” hereof;
3. That it is in the best interest of justice that the
testimony of the aforementioned witness be taken
deposition through written interrogatories and made
part of the evidence in this case.

WHEREFORE, it is respectfully prayed that this court order

the issuance by the clerk of this court of letters rogatoiy to the
proper judicial tribunal of Hawaii, U.S.A., requesting the
examination of Mr. Juan dela Cruz on the witness inter-
rogatories led herewith.
 2010 LEGAL ETHICS 3
Suooesnzp ANSWERS
BAR QUESTIONS AND

Laoag City, Ilocos Norte, July 28, 2020.

Atty. Agustina D. Matias

Notice of Hearing

Atty. Dona Forte

Counsel for the defendant
(address)

Madam:

Kindly take notice that the foregoing petition will be

submitted to the Honorable Court on August 7, 2020 at 9:00
a.m., for it's consideration and resolution.

Atty. Agustina D. Matias

Copy Furnished:

II
Enumerate the instances when a Notary Public may
authenticate documents without requiring the physical
presence of the signatories. (2%)

ANS: Under the following situations, a notary public may

notarize a document without the physical presence of the
signatories:

1. If the signatory is old or sick or otherwise unable to

appear, his presence may be dispensed with if one
credible witness not privy to the instrument and who
4 BAR Q & A
LEGAL ETHICS

is known to the notary public, certifies under oath or

afrmation the identity of the signatory.
2. If two credible witnesses neither of whom is privy to
the instrument, not known to the notary public but
can present their own competent evidence of identity,
certify under oath or afrmation to the identity of the
signatory.
3. In cases of copy certication and issuances of
certied true copies.

III
Atty. Y, in his Motion for Reconsideration of the
Decision rendered by the National Labor Relations
Commission (NLRC), alleged that there was connivance
of the NLRC Commissioners with Atty. X for monetary
considerations in arriving at the questioned decision. He
insulted the Commissioners for their ineptness in
appreciating the facts as borne by the evidence
presented.
Atty. X files an administrative complaint against
Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden
laborers, he is entitled to express his righteous anger
against the Commissioners for having cheated them;
that his allegations in the Motion for Reconsideration
are absolutely privileged; and that proscription against
the use of abusive language does not cover pleadings
filed with the NLRC, as it is not a court, nor are any of
its Commissioners Justices or Judges.
 2010 LEGAL ETHICS 5
BAR Quesnows AND SUGGESTED ANSWERS

Is Atty. Y administratively liable under the Code of

Professional Responsibility? Explain. (3%)

ANS: Yes. Atty. Y “has violated the rule that a lawyer shall not
in his professional dealings, use language which is abusive,
offensive or othen/vise improper” (Canons 8 and 11 of the Code
of Professional Responsibility; Canlapan v. Atty. William Balayo,
A.C. No. 10605, February 17, 2016, Leonen, J). A lawyer is a
servant of the law; a model, citizen must set an example to the
public. A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the courts (Rule 11.03,
CPR). In fact, he can be cited for contempt or the courts may
use their disciplinary powers (Zaldlvar v. Gonzales, 166 SCRA
316). If a la\/vyer attacks without foundation the integrity of
another lawyer, the court may order the same be stricken off
the record. For, cases are not won by such language. A lawyer
has a basic duty to conduct himself with delity to the courts,
to be courteous, fair, not combative and bellicose (Sangalang v.
Gaston, August 30, 1988).

The contention that the NLRC is not a court, is not correct.

The lawyer remains a member of the Bar, an “oath-bound
servant of the law, whose rst duty is not to his client but to
the administration of justice and whose conduct ought to be
and must be scrupulously obsen/ant of law and ethics” (Johnny
Ng v. Atty. Benjamin C. Alar, 507 SCRA 465 [2006]; Canlapan
v. Atty. William Balayo, A.C. No. 10605, February 17, 2016,
Leonen, J.)

The lawyer's rst and foremost duty is to the courts. He is

duty bound to comply with the lawful orders of the court. The
reason is that the attorney is an ofcer of the court because his
6 BAR Q & A
LEGAL ETHICS

main mission is to assist in the administration of justice

(Fernandez v. Atty. Angelica P. De Ramos-Villalon, A.C. No.
7048, February 27, 2009).

IV

Atty. XX rented a house of his cousin JJ on a month-

to-month basis. He left for a 6-month study in Japan
without paying his rentals and electric bills while he
was away despite JJ's repeated demands.
Upon his return to the Philippines, Atty. XX still
failed to settle his rental arrearages and electric bills,
drawing JJ to file an administrative complaint against
Atty. XX.
Atty. XX contended that his non-payment of rentals
and bills to his cousin is a personal matter which has no
bearing on his profession as a lawyer and, therefore, he
did not violate the Code of Professional Responsibility.
a. Is Atty. XX's contention in order? Explain. (3%)
b. Cite two (2) specific Rules in the Code of
Professional Responsibility, violation of which
subjects a lawyer to disciplinary action by the
Supreme Court although the acts complained of
are purely personal or private activities that do
not involve the practice of law. (2%)

ANS:

(a) No, because having incurred just debts, lawyer has

a
the moral duty and legal responsibility to settle them
 2010 LEGAL ETHICS 7
BAR QUESTIONS AND SUGGESTED ANSWERS

when they become due. “verily, lawyer must at all

times faithfully perform their duties to society, to the
bar, to the court and to their clients. As part of their
duties, they must promptly pay their nancial
obligations” (Wilson Cham v. Atty. Eva Pata-Moya,
556 SCRA 1 [2008]).
(b) The following rules were violated:

“A lawyer shall not engage in unlawful,

dishonest, immoral and deceitful conduct" (Rule
1.01).

“A lawyer shall not engage in conduct that

adversely reects on his tness to practice law, nor
should he, whether in public or private life, behave in
a scandalous manner to the discredit of the legal
profession” (Rule 7.03).

When is professional incompetence a ground for

disbarment under the Rules of Court? Explain. (3%)

ANS: Professional incompetence of a lawyer may be a special

ground for disbarment if his incompetence is so total, gross and
serious that he cannot be entrusted with the duty to protect the
rights of clients. Such gross and inexcusable negligence may
effectively deny his client his day in court resulting in violation
of the right to due process. In such case, the client is not
bound by the acts of counsel (Legarda v. CA, 195 SCRA 418).
The act smacks of violation of due process. “A lawyer shall not
undertake a legal sen/ice where he knows or should know that
he is not qualied to render” (Rule 18.01, CPR). If he does so,
8 BAR Q & A
LEGAL ETHICS

it constitutes malpractice or gross misconduct in ofce which

are grounds for suspension or disbarment (Section 27, Rule 138
of the Rules of Court).

VI

Atty. Monica Santos-Cruz registered the firm name

“Santos- Cruz Law Office" with the Department of Trade
and Industry as a single proprietorship. In her
stationery, she printed the names of her husband and a
friend who are both non-lawyers as her senior partners
in light of their investments in the firm. She allowed her
husband to give out calling cards bearing his name as
senior partner of the firm and to appear in courts to
move for postponements.
Did Atty. Santos-Cruz violate the Code of
Professional Responsibility? Why? (3%)

ANS: Yes. A lawyer who allows a non-member of the Bar to

misrepresent himself as a lawyer and to practice of law, is guilty
of violating rules:

“Canon 9. A lawyer shall not directly or indirectly

assist in the unauthorized practice of law.”
“Rule 9.01. A lawyer shall not delegate to any
unauthorized person the performance of any task which by
law may only be performed by a member of the bar in
good standing” (Cambaliza v. Cristobal-Tenorio, 434 SCRA
288 [2004])

Practice of law is not a matter of right, but a mere

privilege burdened with conditions (Lee v. Atty. Tambago, A.C.
 2010 LEGAL ETHICS 9
BAR QUESTIONS AND SUGGESTED ANSWERS

No. 5281, February 12, 2008). Only a person duly admitted as a

member of the bar or hereafter admitted as such in accordance
with the provisions of the Rules of Court, and who is of good
standing is entitled to practice of law (Sec. 1, Rule 138, Rules of
Court). The purpose is to protect the public, the court and the
client and the bar from the incompetence or dishonesty of
those unlicensed to practice law and not subject to the
disciplinary control of the court (Phil. Assn. of Free Labor Union,
et al. v. Binalbagan, Isabela Sugar Co., et al., 42 SCRA 302
[1971]).

VII

Atty. Candido commented in a newspaper that the

decision of the Court of Appeals was influenced by a
powerful relative of the prevailing party. The appellate
court found him guilty of indirect contempt. Does this
involve moral turpitude? Explain. (3%)

ANS: No. Moral turpitude means everything which is done

contrary to justice, modesty, or good morals, an act of
baseness, vileness or depravity in the private and social duties
which a man owes his fellowmen, or to society in general,
contrary to justice, modesty or good morals" (Soriano v. Dizon,
480 SCRA 1 [2006]). Based on this denition, it would appear
that the published comment of Atty. Candido does not
constitute “moral turpitude” although contemptuous. The act
embarrassed the administrative of justice (People v. Castelo,
April 23, 1962).
10 BAR Q & A
LEGAL ETHICS

VIII
For services to be rendered by Atty. Delmonico as
counsel for Wag Yu in a case involving 5,000 square
meters (sq. m.) of land, the two agreed on a success fee
of P50,000 plus 500 sq. m. of the land.
The trial court rendered judgment in favor of Wag
Yu which became final and executory.

After receiving P50,000, Atty. Delmonico demanded

the transfer to him of the promised 500 sq. m. Instead
of complying, Wag Yu filed an administrative complaint
charging Atty. Delmonico with violation of the Code of
Professional Responsibility and Article 1491(5) of the
Civil Code for demanding the delivery of a portion of the
land subject of litigation.
Is Atty. Delmonico liable under the Code of
Professional Responsibility and the Civil Code? Explain.
(5%)

ANS: No. Atty. Delmonico is not guilty of violating the Code of

Professional Responsibility and the Civil Code considering that
he and his client agreed on a success fee of P50,000.00 plus
500 sq. of the land involved in the case that he was handling.
This is a contingent fee contract which is allowed under Canon
20, Rule 20.01 of the Code of Professional Responsibility and
Canon 13 of the Code of Professional Ethics. The parties are
bound to comply with the terms and conditions of their
agreement pursuant to the principle of mutuality of contracts.
 2010 LEGAL ETHICS 11
BAR QUESTIONS AND SUGGESTED ANSWERS

A contingent fee agreement does not violate Art. 1491 of

the Civil Code, because the transfer or assignment of the
property in litigation takes effect only after the nality of a
favorable judgment (Director of Lands v. Ababa, 88 SCRA 513
[1979]). What is abhorred and prohibited by the law is the
acquisition of propriety of the client, subject of litigation during
the pendency of litigation. It is founded on public policy to
prevent the lawyer from taking undue advantage exerting
undue inuence upon his client.

IX

Is the defense of Atty. R in a disbarment complaint

for immorality filed by his paramour P that P is in pari
delicto material or a ground for exoneration? Explain.
(3%)

ANS: No. The defense of in par/' de//cto is immaterial in an

administrative case which is sui gener/Ls. The administrative
case is about the lavvyer’s conduct, not the woman's (Mortel v.
Aspiras, 100 Phil. 586 [1956]; Po Cham v. Pizarro, 467 SCRA 1
[2005]; Marjorie F. Samaniego v. Atty. Andrew V. Ferrer, 555
SCRA 1 [2008]).

Allison hired Atty. X as his counsel in his complaint

for Collection of Sum of Money. Upon receipt on March
20, 2009 of the Notice of Pre-Trial which was scheduled
on May 24, 2009, Allison noted that at that time he
would still be in a two—week conference in St.
12 BAR Q & A
LEGAL ETHICS

Petersburg. He thus asked Atty. X to represent him

during the pre-trial.
Prepare the necessary document that Atty. X should
submit to the court to enable him to represent Allison
during Pre-Trial. (5%)

ANS:

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

THAT, I, ALLISON, of legal age and a resident of Binan

City, Laguna have named, appointed and constituted Atty.
Joseph Galicia, of legal age and resident of Binan City, Laguna,
to be my true and lawful attorney-in-fact, for me and in my
name, place and stead, to do or perform any or all of the
following acts and deeds, to wit:

To represent me at the pre-trial of the case entitled

ALLISON vs. San Miguel Corp., Civil Case No. 12345 of the
Regional Trial Court of Bian City, Laguna, on June 26, 2010 or
any postponement thereof, with full authority to consider and
decide on those matters covered by Section 2, Rule 18 of the
1997 Rules of Civil Procedure.

HEREBY GIVING AND GRANTING unto my said Attorney-

In-Fact full power and authority whatsoever necessary, proper
or convenient as I might or could lawfully do if personally
present, and hereby CONFIRMING AND RATIFYING all that my
Attorney-In-Fact shall lawfully do or cause to be done by virtue
of these presents.
 2010 LEGAL ETHICS 13
BAR QUESTIONS AND SUGGESTED ANSWERS

(Place and date)

(Sgd.) ALLISON
ACCEPTED:
Atty. Joseph Gallcia

(Acknowledgment)

XI

After passing the Philippine Bar in 1986, Atty.

Richards practiced law until 1996 when he migrated to
Australia where he subsequently became an Australian
citizen in 2000. As he kept abreast of legal develop-
ments, petitioner learned about the Citizenship
Retention and Re-Acquisition Act of 2003 (Republic Act
No. 9225), pursuant to which he reacquired his
Philippine citizenship in 2006. He took his oath of
allegiance as a Filipino citizen at the Philippine embassy
in Canberra, Australia. Jaded by the laid back life in the
outback, he returned to the Philippines in December
2008. After the holidays, he established his own law
office and resumed his practice of law.
Months later, a concerned woman who had secured
copies of Atty. Richards’ naturalization papers with
consular authentication, filed with the Supreme Court
an anonymous complaint against him for illegal practice
of law.
a. May the Supreme Court act upon the complaint
filed by an anonymous person? Why or why
not? (3%)
14 BAR Q & A
LEGAL ETHICS

Is respondent entitled to resume the practice

of law? Explain. (5%)

AN

Yes, the Supreme Court may act upon the complaint

led by an anonymous complainant, because the
basis of the complaint consists of documents with
consular authentication which can be veried being
public records. There is no need to identify the
complainant when the evidence is documented and
veriable (In Re: Echiverri, 67 SCRA 467 [1975] ; In re
Araula, 81 SCRA 483 [1978]; Concerned Citizens v.
Elma, 241 SCRA 84 [1995]). Besides, the Supreme
Court or the IBP may initiate disbarment proceedings
motu propr/0.
Yes, provided that he observes the procedure laid
down by the Supreme Court such as:
a. Updating and payment in full of the annual
membership dues in the IBP;
b. Payment of the professional tax;
c. Completion of at least 36 credit hours of
mandatory continuing legal education; and
d. Pretaking of the lawyer's oath (Petition for Leave
to Resume Practice of Law of Benjamin M.
Dacanay, B.M. No. 1678, December 17, 2007,
540 SCRA 424) which will remind him not his of
his duties and responsibilities as a lawyer and as
an officer of the Court but also to renew his
pledges to maintain allegiance to the Republic of
 2010 LEGAL ETHICS 15
BAR QUESTIONS AND SUGGESTED ANSWERS

the Philippines (In Re: Petition to Reacquire the

Privilege to Practice Law in the Phils., Epifanio B.
Meneses, B.M. No. 2112, June 24, 2012;
Benjamin M. Dacanay, B.M. No. 1678, December
17, 2007).

PART II
XII

Rebecca's complaint was raffled to the sala of

Judge A. Rebecca is a daughter of Judge A's wife by a
previous marriage. This is known to the defendant who
does not, however, file a motion to inhibit the Judge.
Is the Judge justified in not inhibiting himself from
the case? (3%)

ANS: No. The judge is notjustied in not inhibiting himself. It is

mandatory for him to inhibit if he is related to any of the parties
by consanguinity or affinity within the sixth civil degree (Sec.
3[f], Canon 3, New Code of Judicial Conduct for the Philippine
Judiciary). Judge A, being the stepfather of Rebecca, is related
to her by afnity by just one degree. “Judges shall disqualify
themselves from participating in any proceeding in which they
are unable to decide the matter impartially or in which it may
appear to a reasonable observer that they are unable to decide
the matter impartially” (Id., Sec. 5, Canon 3). The rule on
compulsory disqualication of a judge to hear a case where the
respondent judge is related to either party within the sixth
degree of consanguinity or afnity rests on the salutary
principle that no judge should preside in a case in which he is
not wholly free, disinterested, impartial and independent. The
16 BAR Q & A
LEGAL ETHICS

purpose is to preserve the people's faith and condence in the

courts of justice (Garcia v. Dela Pea, A.M. No. MTJ-92-683,
February 9, 1994).

XIII
Reacting to newspaper articles and verbal
complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court
ordered the conduct of a discreet investigation by the
Office of the Court Administrator.
Judges in the place where Judge X is assigned
confirmed the complaints.
a. What administrative charge/s may be leveled
against Judge X? Explain. (3%)
b. What defense/s can Judge X raise in avoidance
of any liability? (2%)

ANS:

a. He could be charged with Gross Misconduct, arising

from violations of the Anti-Graft and Corrupt Practices
Act (R.A. No. 3019). He could also be charged with
violations of the rule 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” (Canon 4, Section 13 of the New Code of
Judicial Conduct for the Philippine Judiciary). The act
of the judge smacks of bribery which is committed by
 2010 LEGAL ETHICS 17
BAR QUESTIONS AND SUGGESTED ANSWERS

a public ofcer who agrees to perform an action in

connection with the performance of ofcial duties in
consideration of any offer, promise or gift or present
received. A judge who extorts money from a party-
litigant who has a case commits serious misconduct
and the court has condemned such act in the
strongest possible terms. Particularly because it has
been committed by one charged with the responsi-
bility of administering the law and rendering justice, it
quickly and surely corrodes respect for the law and
the courts (Atty. Velez v. Judge Flores, 445 Phil. 54
[2003]; In Re: Justice Gregory Ong v. SB, A.M. No.
SB-14-21-J, September 21, 2014; Quiz v. Castano,
194 Phil. 187 [1981]; Nazareno v. Almario, 335 Phil.
1122 [1997]).

He could raise the defense of hearsay evidence, lack

of substantive evidence, and denial of due process. In
administrative proceedings, only substantial evidence,
i.e., that amount of relevant evidence that a
reasonable mind might accept as adequate to support
a conclusion, is required. The standard of substantial
evidence is satised when there is reasonable ground
to believe that respondent is responsible for the
misconduct complained of, even if such evidence
might be overwhelming or even preponderant
(Jallorina v. Taneo-Regner, A.M. No. P-11-2948, April
23, 2012; Banaag v. Espeleta, A.M. N0. P-11-3011,
November 29, 2011, 661 SCRA 513, 521).
18 BAR Q & A
LEGAL ETHICS

XIV

Farida engaged the services of Atty. Garudo to

represent her in a complaint for damages. The two
agreed that all expenses incurred in connection with the
case would first be shouldered by Atty. Garudo and he
would be paid for his legal services and reimbursed for
all expenses which he had advanced out of whatever
Farida may receive upon the termination of the case.
What kind of contract is this? (2%)

ANS: It is a champertous contract, which is invalid. It is an

agreement whereby an attorney agrees to pay off expenses
proceedings to enforce the client's rights. Such agreement is
against public policy especially where the attorney has agreed
to carry on the action at his own expense in consideration of
some bargain to have part of the thing in dispute. The
execution of this contract violates the duciary relationship
between the lawyer and his client, for which the former must
incur administrative sanctions. It is violative of Canon 42 of the
Canons of Professional Ethics which provides that a lawyer may
not properly agree with a client to pay or bear the expenses of
litigation (Bautista v. Gonzales, 182 SCRA 151, February 12,
1990; Cadavedo v. Lacaya, G.R. No. 173188, January 15,
2014).

XV

Rico, an amiable, sociable lawyer, owns a share in

Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for government
officials and members of the bench.
 2010 LEGAL ETHICS 19
BAR Quesnows AND SUGGESTED ANSWERS

One day, he had a chance meeting with a judge in

the Intramuros golf course. The two readily got along
well and had since been regularly playing golf together
at the Marina Golf Club.
a. If Atty. Rico does not discuss cases with
members of the bench during parties and golf
games, is he violating the Code of Professional
Responsibility? Explain. (3%)
b. How about the members of the bench who
grace the parties of Rico, are they violating the
Code of Judicial Conduct? Explain. (3%)

ANS:

a. Yes. A lawyer shall not extend extraordinary attention

or hospitality to, nor seek opportunity for cultivating
familiarity with judges (Rule 13.01, Code of
Professional Responsibility). He should refrain from
any impropriety which gives the appearance of
inuencing the court (Canon 13, CPR). In regularly
playing golf with judges, Atty. Rico cannot erase the
suspicion that they discuss cases during the game,
even if they actually do not. The act of the judge will
also raise suspicion.

b. Members of the bench who grace the parties of Atty.

Rico would be guilty of violating the rule that “judges
shall, in their personal relations with individual
members of the legal profession who practice
regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of
favoritism or partiality” (Sec. 3, Canon 4 of the New
20 BAR Q & A
LEGAL ETHICS

Code of Judicial Conduct for the Philippine Judiciary).

“If a judge is seen eating and drinking in public places
with alawyer who has cases pending in his or her
saia, public suspicion may be aroused, thus tending to
erode the trust of litigants in the impartiality of the
judge” (Padilla v. Zamora, 237 SCRA 670 [1994]).

XVI

Judge L is assigned in Turtle Province. His brother

ran for Governor in Rabbit Province. During the election
period this year, Judge L took a leave of absence to help
his brother conceptualize the campaign strategy. He
even contributed a modest amount to the campaign
kitty and hosted lunches and dinners.
Did Judge incur administrative and/or criminal
liability? Explain. (3%)

ANS: Yes. Judge L incurred administrative liability considering

that he belongs to the Civil Service. His only allowed partici-
pation in election is to vote and not participate in partisan
political activity. By helping his brother conceptualize the
campaign strategy, he actively participated in partisan political
activity. “A judge is entitled to entertain personal views on
political questions, but to avoid suspicion of political partisan-
ship, a judge shall not make political speeches, contribute to
party funds, publicly endorse candidates for political ofce or
participate in other partisan political activities” (Rule 5.18 of the
Code of Judicial Conduct (which is applicable in suppletory
character to the New Code of Conduct for the Philippine
Judiciary)).
 2010 LEGAL ETHICS 21
BAR QUESTIONS AND SUGGESTED ANSWERS

He may also be held criminally liable for violation of

Section 26[I] of the Omnibus Election Code, which penalizes
any officer or employee in the civil sen/ice who, directly or
indirectly, inten/enes, in any election campaign or engages in
any partisan political activity, except to vote or to preserve
public order.

XVII

Judge X was invited to be a guest speaker during

the annual convention of a private organization which
was covered by media. Since he was given the liberty to
speak on any topic, he discussed the recent decision of
the Supreme Court declaring that the President is not,
under the Constitution, proscribed from appointing a
Chief Justice within two months before the election.
In his speech, the judge demurred to the Supreme
Court decision and even stressed that the decision is a
serious violation of the Constitution.
a. Did Judge X incur any administrative liability?
Explain. (3%)
b. If instead of ventilating his opinion before the
private organization, Judge X incorporated it,
as an obiter dictum, in one of his decisions, did
he incur any administrative liability? Explain.
(3°/0)

ANS:

a. He did not incur administrative liability. “Judges, like

any other citizen, are entitled to freedom of
 BAR Q & A
LEGAL ETHICS

expression, belief, association and assembly, but

exercising such rights, they shall always conduct
themselves in such a manner as to preserve the
dignity of the judicial ofce and the impartiality and
independence of the judiciary” (Sec. 4, Canon 4 of
the New Code of Judicial Conduct for the Philippine
Judiciary).
In deciding cases, a judge is supposed to be faithful
to the law, which includes decisions of the Supreme
Court. If he feels that a doctrine enunciated by the
Supreme Court is against his way of reasoning or his
conscience, he may state his personal opinion on the
matter but should decide the case in accordance with
the law or doctrine and not with his personal views
(Garcia v. Burgos, 291 SCRA 546 [1998]). The fact
that Judge X ventilated his personal opinion merely as
an ob/ter 0’/ctum indicates that he did not decide the
case in accordance with his personal opinion. But, still
it undermines the authority of the Supreme Court,
and he may incur administrative liability for it.

XVIII
Draft the accusatory portion of an Information
for RAPE of a 13-year old child committed by
her maternal uncle in broad daylight at the
back of a church. (5%)
Draft Petition for the Issuance of
a a Writ
of Habeas Data. (5°/o)
Draft a Petition for Bail. (5%)
 2010 LEGAL ETHICS 23
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS:

a. The undersigned public prosecutor accuses Juan dela

Cruz of the crime of Qualied Rape pursuant to
Republic Act No. 8353 otherwise known as the “Anti-
Rape Law of 1997" committed as follows:

That on or about 8:00 o'clock in the morning of

September 23, 2010, in the City of Laoag, Ilocos
Norte within jurisdiction of this Honorable Court, the
said accused Juan dela Cruz an uncle, a relative by
consanguinity within the third civil degree, of the
victim Josie dela Cruz, a minor 13 years of age, did
then and there grab the said victim while she was
taking a bath at the river, and dragged her and
brought her to a house nearby, and through the use
of threats and violence, did there and then, willfully,
unlawfully and feloniously have carnal knowledge of
her.

Contrary to law.
b.

Republic of the Philippines

(Court)

In the Matter of the Petition

For Habeas Data, Arlene Gamboa,
Petitioner,

versus SP. PROC. No. 1234

Col. Jose Chan,

Provincial Commander,
24 BAR Q & A
LEGAL ETHICS

Philippine National Police,

Province of Ilocos Norte.
Respondent.
x- - - - - - - - - - - - - - - - --x
PETITION

PETITIONER, through undersigned counsel, respectfully

alleges:

1. That petitioner is of legal age and a resident of

Dingras, Ilocos Norte, while respondent is likewise of
legal age and may be served with summons at their
offices located in Laoag City, Ilocos Norte;
2. That, on or about September 3, 2019, allegedly on
the basis of intelligence reports, elements of the
Armed Forces of the Phils., Philippine National Police,
gathered data that petitioner was maintaining a
private armed group.
3. That the petitioner had repeatedly asked the
respondent to show her the alleged intelligence
reports so that she can defend herself, but until the
present, the respondent has failed and/or refused to
comply with the said request of the petitioner;
4. That the act of gathering the data has violated her
right to privacy;
5. That, to the best of the knowledge of the petitioner,
the said intelligence reports are in the above-
mentioned ofce of the respondent.
 2010 LEGAL ETHICS 25
BAR QUESTIONS AND Sueeesreo ANSWERS

WHEREFORE, it is respectfully prayed that, after due

hearing, a writ of Habeas Data be issued ordering the
respondent to disclose and/or furnish copies thereof to the
petitioner, the alleged intelligence reports which are the basis
of her continued unlawful detention.

Dingras, Ilocos Norte, September 3, 2019.

Atty. Joseph Galicia

Counsel for the Petitioner.

(Verication and Certication of Non-Forum Shopping)

c.

(Caption)

PETITION FOR BAIL

Defendant Juan de la Cruz, through counsel respectfully

alleges:

1. That the accused is under custody for the alleged

commission of a capital offense of Rape;
2. That no bail has been recommended for his
temporary liberty because being a crime punishable
by rec/us/on perpetua, there is a presumption that the
evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is
strong is with the prosecution, hence, accused should
be allowed to prove that the evidence of guilt is not
strong and if it is proven, he may be allowed bail for
his provisional liberty;
26 BAR Q & A
LEGAL ETHICS

WHEREFORE, upon due notice and hearing, it is

respectfully prayed that the defendant be admitted to bail in
such amount as this Honorable Court may x.

Binan City, Laguna, June 29, 2020.

Atty. Jesse Le Compte

Counsel for the Accused

(Notice of Hearing)

XIX

Judges of the first and second level courts are

allowed to receive assistance from the local government
units where they are stationed. The assistance could be
in the form of equipment or allowance.
Justices at the Court of Appeals in the regional
stations in the Visayas and Mindanao are not
necessarily residents there, hence, they incur additional
expenses for their accommodations.
Pass on the propriety of the Justices’ receipt of
assistance/allowance from the local governments.
(3°/0)

ANS: The grant of allowances by local government units (LGU)

to “judges, prosecutors, public elementary and high school
teachers, and other national government ofcials” stationed in
or assigned to the locality pursuant to Sections 447[a][1][xi],
458[a][1][xi] and 468[a][1][xi] of Republic Act No. 7160,
otherwise known as the Local Government Code is valid. “To
 2010 LEGAL ETHICS 27
BAR QUESTIONS AND SUGGESTED ANSWERS

rule against the power of the LGUs to grant allowances to

judges will subvert the principle of local autonomy zealously
guaranteed by the Constitution" (Dadole v. Commission on
Audit, 393 SCRA 262 [2002], and Leynes v. Commission on
Audit (418 SCRA 180 [2003])) Hence, it is not improper for
judges and justices to receive allowances from local
government units, since it is allowed by law for LGUs to give
the same.

XX

Arabella filed a complaint for disbarment against

her estranged husband Atty. P on the ground of
immorality and use of illegal drugs.
After Arabella presented evidence and rested her
case before the Investigating Commissioner of the IBP
Committee on Bar Discipline, she filed an Afdavit of
Desistance and motion to dismiss the complaint, she
and her husband having reconciled for the sake of their
children.
You are the Investigating Commissioner of the IBP.
Bearing in mind that the family is a social institution
which the State is duty-bound to preserve, what will be
your action on Arabella's motion to dismiss the
complaint? (3°/o)

ANS: I would still deny the motion to dismiss because an

affidavit of desistance cannot cause the dismissal of a
disbarment proceeding.
28 BAR Q & A
LEGAL ETHICS

XXI

On the proposal of Judge G, which was accepted, he

and his family donated a lot to the city of Gyoza on the
condition that a public transport terminal would be
constructed thereon. The donation was accepted and
the condition was complied with.
The family-owned tracts of land in the vicinity of
the donated lot suddenly appreciated in value and
became commercially viable as in fact a restaurant and
a hotel were soon after built.

Did the Judge commit any violation of the Code of

Judicial Conduct? (2%)

ANS: The act was not improper because “there is no clear

indication that the respondent was impelled by a desire to
benet nancially” (Saluday v. Labitoria, A.M. No. CA-01-31,
July 25, 2002, 385 SCRA 200). But even then, the judge and his
family were principally motivated by the anticipated increase in
the value of their property as a consequence of the donation of
a lot for the construction of a transport facility. He may,
thereby, be held liable for violating the rule that “judges shall
not use or lend the prestige of the judicial ofce to advance
their private interests, or those of a member of their family or
of anyone else, nor shall they convey or permit others to
convey the impression that anyone is in a special position
impropriety to inuence them in the performance of judicial
duties” (Section 8, Canon 4 of the New Code of Conduct for the
Philippine Judiciary).
 2010 LEGAL ETHICS 29
BAR QUESTIONS AND SUGGESTED ANSWERS

XXII

A retired member of the Judiciary is now engaged

in private practice. In attending hearings, he uses his
car bearing his protocol plate which was issued to him
while still in the service.
Pass on the ethical aspect of the judge's use of the
protocol plate. (2%)

ANS: The judge's use of his protocol plate after his retirement is
not proper and ethical since he is no longer entitled to use such
protocol plate after his retirement. As a practicing lawyer, he
should not engage in unlawful, dishonest, immoral or deceitful
conduct (Canon 1, Rule 1.01 of the Code of Professional
Responsibility).

The act of using the protocol plate after his retirement is a

dishonest conduct. The lawyer's primary duty to society or to
the State is to uphold the Constitution, obey the laws of the
land and promote respect for the law and legal processes
(Canon 1, Code of Professional Responsibility). To say that
lawyers must at all time uphold and respect the law is to state
the obvious. Considering that, of all classes of professions,
lawyers are most sacredly bound to uphold the law, it is
imperative that they live by the law. Lawyers who violate their
oath and engage in deceitful conduct have no place in the legal
profession (Resurreccion v. Atty. Ciriaco C. Sayson, A.C. No.
1037, December 14, 1998; Angeles v. Atty. Wilfredo Lina-ac,
A.C. No. 12063, January 8, 2019, Leonen, J; Fajardo v. Atty.
Nicanor Alvarez, A.C. No. 9018, April 26, 2016, Leonen, J).

--o0o--
 BAR EXAMINATION 2011
LEGAL ETHICS AND PRACTICAL EXERCISES

Bar Examination Questionnaire for Legal Ethics

Set A

Atty. Mike started teaching Agrarian Reform and

Taxation in June 2001 at the Arts and Sciences
Department of the Far Eastern University. In 2005,
he moved to San Sebastian Institute of Law where
he taught Political Law. Is Atty. Mike exempt from
complying with the MCLE for the 4th compliance
period in April 2013?
(A) No, since he has yet to complete the
required teachinq experience to be
exempt.
(B) No, because he is not yet a bar reviewer.
(C) Yes, since by April 2013, he will have
been teaching law for more than 10
years.
(D) Yes, since he updated himself in law by
engaging in teaching.

ANS: (A) No, since he has yet to complete the required

teaching experience to be exempt. Under the rules, he
should have been teaching for 10 years to be exempt.

The acknowledgment appearing in a deed of sale

reads: “Before me personally appeared this 30

30
 2011 LEGAL ETHICS 31
BAR QUESTIONS AND SUGGESTED ANSWERS

August 2010 Milagros A. Ramirez, who proved her

identity to me through witnesses: 1. Rosauro S.
Balana, Passport UU123456; 1-5-2010/Baguio
City; and 2. Elvira N. Buela, Passport W200345;
1-17-2009] Manila. “Both witnesses, of legal ages,
under oath declare that: Milagros A. Ramirez is
personally known to them; she is the same seller
in the foregoing deed of sale; she does not have
any current identification document nor can she
obtain one within a reasonable time; and they are
not privy to or are interested in the deed he
signed." What is the status of such a notarial
acknowledgment?
(A) Questionable since the notary public is
not shown to personally know the
principal party.
(B) Ineffective since it included parties not
privy to the deed.
(C) Invalid since the evidence of identity is
non-compliant with the notarial rules.
(D) Valid since it
is a manner of establishing
the identity of the person executinq the
document.

ANS: (D) Valid since it is a manner of establishing the

identity of the person executing the document.

Atty. Francisco's retainer agreement with RXU said

that his attorney's fees in its case against CRP
“shall be 15% of the amounts collected." Atty.
 BAR Q & A
LEGAL ETHICS

Francisco asked the trial court to issue a

temporary restraining order against CRP but this
was denied, prompting him to file a petition for
certiorari with the Court of Appeals to question
the order of denial. At this point, RXU terminated
Atty. Francisco's services. When the parties later
settled their dispute amicably, CRP paid RXU P100
million. Because of this, Atty. Francisco came
around and claimed a 15% share in the amount.
What should be his attorney's fees?
(A) Nothing because the compromise came
after RXU terminated him.
(B) 15°/o of what CRP paid RXU or P15
million.
(C) A reasonable amount that the court shall
fix upon proof of quantum meruit.
(D) Nothing since he was unable to complete
the work stated in the retainer contract.

ANS: (C) A reasonable amount that the court shall x

upon proof of quantum meru/t based on the following
elements which may be considered by the court such as
(a) importance of the controversy; (b) extent of the
services rendered; (c) professional standing of the lawyer
(Metrobank v. CA, 181 SCRA 569; Lorenzo v. CA, 189
SCRA 260 [199O]). Considering that the lawyer was not
representing the client in full, but his sen/ices redounded
to the benet of the client, he is entitled to a reasonable
attorney's fees.
 2011 LEGAL ETHICS 33
BAR QUESTIONS AND SUGGESTED ANSWERS

Lee became a lawyer in 1988 under a claim that he

is a Filipino like his parents. Efren sought Lee's
disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an
Albay regional trial court's final judgment in an
action to recover real property which mentioned
his citizenship as Filipino. This final judgment
resulted in the correction of his birth records in a
separate special proceeding to show he is a
Filipino, not Chinese as there stated. Is Lee's claim
to Filipino citizenship valid?
(A) No, since the mention of his citizenship
in the land case was iust incidental.
(B) No, since those rulings were not
appealed to the Supreme Court.
(C) Yes, because the rulings in his favor
have become final and executory.
(D) Yes, since his parents are Filipinos based
on what he said in his bar exam petition.

ANS: (A) No, since the mention of his citizenship in the

land case was just incidental. There can be no judicial
declaration of Filipino citizenship. He has to apply for
naturalization and adduce evidence of his qualications
(Yun Uan Chu v. Republic, L-34973, April 14, 1988).

Sheryl, Eric's counsel, once asked for

postponement and the court granted it since the
opposing counsel, Bernadine, did not object. Eric
then asked Sheryl not to allow any further
 BAR Q & A
LEGAL ETHICS

postponements because his case has been pending

for 8 years. When trial resumed, Bernadine moved
to reset the trial because of her infant's ailment.
What must Sheryl do?
(A) Remind the Court that it has the duty to
promptly decide the case.
(B) Interpose no objection since she too
once sought postponement without
Bernadine's objection.
(C) Vehemently oppose Bernadine's motion
for being contrary to Eric's wishes.
(D) Submit the motion to the Court's sound
discretion.

ANS: (D) Submit the motion to the Court's sound

discretion in view of the circumstances beyond control of
counsel. While postponements may delay the adminis-
tration of justice, the court can exercise its sound judicial
discretion to attain the aims of justice. The rules are not
inexible. They are designed to aid in the administration
of justice, not to subvert it.

In averified complaint, Kathy said that Judge

Florante decided a petition for correction of entry
involving the birth record of her grandson, Joshua,
who happened to be child of Judge Florante's
daughter, Pilita. Judge Florante insisted that he
committed no wrong since the proceeding was
non-adversarial and since it merely sought to
 2011 LEGAL ETHICS 35
BAR QUESTIONS AND SUGGESTED ANSWERS

correct an erroneous entry in the child's birth

certificate. Is Judge Florante liable?
(A) Yes, because Florante breached the rule
on mandatory disqualification.
(B) No, because Judge Florante has no
pecuniary interest in the proceeding.
(C) No, because it is true the proceeding was
non-adversarial so it prejudiced no one.
(D) Yes, since the correction in the child's
record affects the details of birth of the
child.

ANS: (A) Yes, because Florante breached the rule on

mandatory disqualication. The rule on compulsory
disqualication of a judge to hear a case where, as in the
instant case, the respondent judge is related to either
party within the sixth degree of consanguinity or afnity
rests on the salutary principle that no judge should
preside in a case in which he is not wholly free,
disinterested, impartial and independent. A judge has
both the duty of rendering a just decision and the duty of
doing it in a manner completely free from suspicion as to
his fairness and integrity. The law conclusively presumes
that a judge cannot objectively or impartially sit in such a
case and, for that reason, prohibits him and strikes at his
authority to hear and decide it, in the absence of written
consent of all parties concerned. The purpose is to
presen/e the people's faith and condence in the courts
of justice. (Garcia v. Dela Pea, A.M. No. MTJ-92-687,
February 9, 1994, 229 SCRA 766 [1994]).
 BAR Q & A
LEGAL ETHICS

Which of the following statements best describes

the distinct traditional dignity that the legal
profession enjoys over other professions?
(A) People are quite dependent on lawyers
for their skills in getting them out of
trouble with the law.
(B) Its members strive to maintain honesty
even in their private dealinqs.
(C) Its members earn by charging specified
emoluments or fees.
(D) The profession is anchored on a fiduciary
relation with the client.

ANS: (B) Its members strive to maintain honesty even in

their private dealings.
The Code of Professional Responsibility mandates that:

1. A lawyer shall at all times uphold the integrity

and dignity of the legal profession and support
the activities of the Integrated Bar;
2. A lawyer shall conduct himself with courtesy,
fairness, and candor toward his professional
colleagues and shall avoid harassing tactics
against opposing counsel; and
3. A lawyer shall not, directly or indirectly, assist
in the unauthorized practice of law.
He should maintain good moral character during the
continuance of the practice and the exercise of the
privilege to practice law. (Quingwa vs. Puno, 19 SCRA
 2011 LEGAL ETHICS 37
BAR QUESTIONS AND SUGGESTED ANSWERS

439). He should avoid brushes with the law; he should

not assist anyone in the commission of crimes.

Raul sought E|y's disbarment for notarizing a deed

of sale knowing that four of the sellers were dead.
Ely admitted that he notarized the deed of sale but
only after his client assured him that the
signatures of the others were authentic. Later,
Raul moved to have the complaint against him
dismissed on the ground that it was filed because
of a misunderstanding which had already been
clarified. This prompted the IBP to recommend the
dismissal of the complaint. Can the dismissal be
allowed?
(A) No, unless the complainant executes an
affidavit of desistance.
(B) Yes, since no compelling reason
remained to continue with it.
(C) Yes, but recall EIy's notarial commission
since the charge against him seems
meritorious.
(D) No, qiven Ely's admission that he
notarized the document when some
siqnatories were absent.
ANS: (D) No, given Ely’s admission that he notarized the
document when some signatories were absent.

Time and again lawyers commissioned as notaries public

have been reminded that the afants must personally
 BAR Q & A
LEGAL ETHICS

appear before them. Section 1 of Public Act No. 2103, or

the Notarial Law.

The physical presence of the afants enables the notary

public to verify the genuineness of the signatures of the
acknowledging parties and to ascertain that the
document is the parties’ free act and deed.

Notarization of a private document converts such

document into a public one, and renders it admissible in
court without further proof of its authenticity. Courts,
administrative agencies and the public at large must be
able to rely upon the acknowledgment executed by a
notary public and appended to a private instrument.
Notarization is not an empty routine; to the contrary, it
engages public interest in a substantial degree and the
protection of that interest requires preventing those who
are not qualied or authorized to act as notaries public
from imposing upon the public and the courts and
administrative ofces generally. (Joson vs. Baltazar, A.C.
No. 575, February 14, 1991, 194 SCRA 114; Angeles, et
al. vs. Atty. Amado Ibanez, A.C. No. 7860, January 15,
2009; Collatens v. Atty. Anselmo B. Mabuti, A.C. No.
9917, January 14, 2019, Perlas-Bernabe, J).

When will Atty. Antonio's notarial commission

expire if he applied for and was given such
commission on 12 November 2010?
(A) 31 December 2012
(B) 31 December 2011
(C) 11 November 2011
 2011 LEGAL ETHICS 39
BAR QUESTIONS AND SUGGESTED ANSWERS

(D) 11 November 2012

ANS: (B) 31 December 2011. Notarial commission expires

one (1) year after its issuance. He has to renew it.

Elaine filed a complaint against Fely before their

barangay concerning a contract that they entered
into. During conciliation, Fely came with Sarah,
who claimed the right to represent her minor
sister. The barangay captain let Sarah assist her
sister. Eventually, the barangay issued a
certificate to file action after the parties failed to
settle their differences. When Sarah formally
appeared as lawyer for her sister, Elaine filed an
administrative complaint against her for taking
part in the barangay conciliation and preventing
the parties from taking meaningful advantage of
the same. Is Sarah liable?
(A) No, because she has to represent her
sister who was a minor.
(B) No, because the Court can always
dismiss the case without prejudice to a
genuine conciliation.
(C) Yes, because what Sarah did was
deceitful and amounts to fraud.
(D) Yes, because as lawyer, she is
a
absolutely forbidden to agpear in
baranqay conciliations.

ANS: (D) Yes, because as a iavvyer, she is absolutely

forbidden to appear in barangay conciliations. Basically,
 BAR Q & A
LEGAL ETHICS

barangay conciliation proceedings are summary in nature

and informal. They are not supposed to be adversarial. It
is perceived that the presence of a lawyer may make the
same adversarial, thus, it might cause delay.

Which of the following will subject Atty. Lyndon, a

Manila notary public, to sanctions under the
notarial rules?
(A) Notarizing a verification and certification
against forum shopping in Manila Hotel
at the request of his Senator-client.
(B) Refusing to notarize an extra-judicial
settlement deed after noting that Ambo,
a friend, was delisted as heir when he
was in fact one.
(C) Performinq siqnature witnessinq
involvinq his brother-in-law and
recording it in his reqister.
(D) Notarizing a deedof sale for someone he
knew without requiring any proof of
identity.

ANS: (C) Performing signature witnessing involving his

brother-in-law and recording it in his register.

Justice Frank, a retired Court of Appeals justice,

appeared before the Supreme Court on behalf of
Landbank, a government bank, in a case involving
the compensable value of the property taken from
a landowner under the agrarian reform law. The
landowner questioned Justice Frank's appearance
 2011 LEGAL ETHICS 41
BAR QUESTIONS AND SUGGESTED ANSWERS

in the case, pointing out that the same is unethical

and smacks of opportunism since he obviously
capitalizes on his judicial experience. Is Justice
Frank's appearance in the case valid?
(A) Yes, because the law allows such
appearance as lonq as the qovernment is
not the adverse gag.
(B) No, because he cannot enjoy his
retirement pay and at the same time
work for a government institution.
(C) Yes, since Landbank does not perform
government function.
(D) No, he should have waited for at least a
year to avoid improprieties.

ANS: (A) Yes, because the law allows such appearance as

long as the government is not the adverse party. Under
RA 910, Sec. 1, as amended a retired justice or judge
receiving pension from the government cannot act as
counsel in any civil case in which the government or any
of its subdivisions or agencies is the adverse party or in
any criminal cases wherein an ofcer or employee of the
government is the accused of an offense in relation to his
ofce.

13) On appeal, RTC Judge Rudy affirmed the MTC's

conviction of Lorna for violation of the bouncing
checks law and awarded Agnes, the complainant,
Php1.6 million in damages. Two years later, upon
Lorna's motion and after ascertaining that her
 BAR Q & A
LEGAL ETHICS

counsel never received the court's decision, Judge

Rudy recalled the entry of judgment in the case,
reversed himself, and absolved Lorna of guilt.
Claiming an unjust judgment, Agnes filed an
administrative complained against Judge Rudy,
saying that it is plain from the circumstances that
he connived with Lorna, her counsel, and the
handling prosecutor. But she offered no further
evidence. Rudy denied the charges and asserted
that any error in his judgment is correctible only
by an appeal, not by an administrative suit. Should
Judge Rudy be disciplined?
(A) No, because Aqnes’ complaint is merely
based on suspicions and speculations.
(B) No, because Agnes has yet to establish
that Rudy's decision is plainly erroneous.
(C) Yes, because he gravely abused his
discretion in recalling the entry of
judgment.
(D) Yes, because reconsidering the
judgment of conviction that the MTC and
he earlier issued shows anomaly in
Judge Rudy's action.

ANS: (A) No, because Agnes’ complaint is merely based

on suspicions and speculations.

In administrative proceedings, only substantial evidence,

i.e., that amount of relevant evidence that a reasonable
mind might accept as adequate to support a conclusion,
is required. The standard of substantial evidence is
 2011 LEGAL ETHICS 43
BAR QUESTIONS AND Suecesreo ANSWERS

satised when there is reasonable ground to believe that

respondent is responsible for the misconduct complained
of, even if such evidence might not be overwhelming or
even preponderant. (Jallorina v. Taneo-Regner, A.M. No.
P-11-2948, April 23, 2012; Banaag v. Espeleta, A.M. No.
P-11-3011, November 29, 2011, 661 SCRA 513, 521).

In Apar/c/0 vs. Anda/, et al., July 25, 1989, it was said

that ling of baseless cases against a judge is improper.
He was admonished because a lawyer has a basic duty to
conduct himself with hood delity to the courts, to be
courteous, fair, not be combative and bellicose.
(Sangalang vs. Gaston, August 30, 1989; I/7 re: Laureta
v. Hon. Intermediate Appellate Court, et al., G.R. No. L-
68635, May 14, 1987)

4) After Atty. Benny got a P2 million final judgment

in his client's favor, he promptly asked the court,
without informing his client, to allow him a
charging lien over the money in the amount of
P500,000, his agreed fees, The Court issued a writ
of execution for the whole judgment in Atty.
Benny's name with an order for him to turn over
the excess to his client. Is Atty. Benny's action
correct?
(A) No, since his fees are excessive.
(B) Yes, since he was merely asserting his
right to collect his fees.
(C) Yes, since he would anyway give the
excess to his client after getting his fees.
 BAR Q & A
LEGAL ETHICS

(D) No, since he did not disclose to his client

the matter of qettinq a charqinq lien and
a writ of execution in his name.

ANS: (D) No, since he did not disclose to his client the
matter of getting a charging lien and a writ of execution
in his name.

A charging lien, to be enforceable as security for the

payment of attorney's fees, requires as a condition s/ne
qua non a judgment secured in the main action by the
attorney in favor of his client. It is not of the nature
which attaches to the property in litigation, but is at most
a personal claim enforceable by a writ of execution. It
presupposes that the attorney has secured a favourable
money judgment for his client. A charging lien is //m/ted
on/y to money judgments and not to judgments for the
annulment of a contract or for delivery of a real property.
(Metropolitan Bank and Trust Company vs. CA, 181 SCRA
367, January 23, 1990).

An enforceable charging lien, duly recorded, is within the

jurisdiction of the court trying the main case. This
jurisdiction subsists until the lien is settled (Metropolitan
Bank v. CA).

On 17 April 2006 NWD, a local water district

entity, hired Atty. Chito as private counsel for a
year with the consent of the Office of the
Government Corporate Counsel (OGCC). Shortly
after, a leadership struggle erupted in NWD
between faction A and faction B. Siding with the
first, Atty. Chito filed several actions against the
 2011 LEGAL ETHICS 45
BAR QUESTIONS AND SUGGESTED ANSWERS

members of faction B. Eventually, the court upheld

Faction B which thus revoked Atty. Chito's retainer
on 14 January 2007. With 0GCC's approval, NWD
hired Atty. Arthur in his place. When Atty. Arthur
sought the dismissal of the actions that Atty. Chito
had instituted, the latter objected on the ground
that his term had not yet expired and Atty. Arthur
had no vacancy to fill up. Is Atty. Chito right?
(A) No, because Atty. Chito's continued
appearances in the cases was without
authority since 14 January 2007.
(B) No, because Atty. Arthur would have
violated the rule on forum shopping.
(C) Yes, because Atty. Chito's retainer and
authority remained valid until 17 April
2006.
(D) No, because Atty. Chito has the duty to
expose the irregularities committed by
the members of Faction B.
ANS: (A) No, because Atty. Chito's continued
appearances in the cases was without authority since 14
January 2007 since his engagement as counsel has
already been revoked.

A lawyer is presumed to be properly authorized to

represent any cause in which he appears, and no written
power of attorney is required to authorized him to appear
in court for his client. Nevertheless, although the
authority of an attorney to appear for and on behalf of a
party may be assumed, it can still be questioned or
 BAR Q & A
LEGAL ETHICS

challenged by the adverse party or party concerned. The

presumption established under the provision of Section
21, Rule 138 of the Revised Rules of Court is only
disputable. (Commissioner of Customs vs. KMK Gani, 182
SCRA 591, February 26, 1990).

Noel and Emily who were involved in a road

accident sued Ferdie, the driver of the other car,
for damages. Atty. Jose represented only Noel but
he called Emily to testify for his client. During
direct examination, Emily claimed that her injuries
were serious when Atty. Jose knew that they were
not. Still, Atty. Jose did not contest such claim.
Ferdie later sued Emily for giving false testimony
since her own doctor's report contradicted it. He
also sued Atty. Jose for foisting a false testimony
in court. Is Atty. Jose liable?
(A) No, because he did not knowingly
arrange for Emily to lie in court.
(B) Yes, because he did not advise his client
to settle the case amicably.
(C) No, because Emily did not permit him to
reveal the falsity to the court.
(D) Yes, because he knowinqly let Emily's
false testimony_pass for truth.

ANS: (D) Yes, because he knowingly let Emily's false

testimony pass for truth. A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct (Canon
1, Rule 1.01, Code of Professional Responsibility). In
 2011 LEGAL ETHICS 47
BAR QUESTIONS AND SUGGESTED ANSWERS

doing such act, he violated his oath or duty o uphold the

Constitution, obey the law and promote respect for the
law.

7) In settling his client's claims, Atty. Cruz received

from the adverse party P200,000 in cash for his
client. Which of the following is an IMPROPER way
for Atty. Cruz to handle the money?
(A) Ask his client to prepare a check for his
fees for swapping with the cash.
(B) Deposit the cash in his own bank
account and later issue his personal
check to his client, less his fees.
(C) Turn over the cash to his client with a
request that the latter pay him his fees.
(D) Tell his client about the settlement and
the cash and wait for the client's
instructions.
ANS: (B) Deposit the cash in his own bank account and
later issue his personal check to his client, less his fees.

He must account for the same, othen/vise, his conduct

shows his untness for the condence and trust reposed
in him, or showing such lack of personal honesty or good
moral character as to render him unworthy of public
condence, a ground for disbarment. (Navarro v.
Meneses, 91 SCAD 285, 285 SCRA 586; Igual v. Javier,
69 SCAD 117, March 17, 1996; Castillo v. Taguines, 69
SCAD 291, March 11, 1996; Jaime Curimatmat, et al. v.
Atty. Felipe Gojat, A.C. No. 4411, June 10, 1999; Velez v.
 BAR Q & A
LEGAL ETHICS

De Vera, A.C. No. 6697, July 25, 2006; Bellez v. Atty.

Allan Macas, A.C. No. 7815, July 23, 2009; Camara v.
Atty. Oscar Amandy Reyes, A.C. No. 6121, July 31, 2009;
Yu v. Atty. Cesar Tajanlangit, A.C. No. 5691, March 13,
2009; Maritess Freeman v. Atty. Zenaida P. Reyes, A.C.
No. 6244, November 15, 2011; Punla v. Atty. Eleanor
Maravilla-Ona, G.R. No. 11149, August 5, 2017).

Judge Cristina has many law-related activities.

She teaches law and delivers lectures on law.
Some in the government consult her on their legal
problems. She also serves as director of a stock
corporation devoted to penal reform, where she
participates in both fund raising and fund
management. Nhich of the following statements
applies to her case?
(A) She should not engage in fund raising
activities.
(B) Her activities are acceptable except the
part where she is involved in fund
management.
(C) She can teach law and deliver lectures
on law but not do the other thinqs.
(D) All of her activities are legal.
ANS: (C) She can teach law and deliver lectures on law
but not do the other things. Judges may write, lecture,
teach and participate in activities concerning the law, the
legal system, the administration of justice or related
matters (Canon 4, Sec. 10, Code of Judicial Conduct and
 2011 LEGAL ETHICS 49
BAR QUESTIONS AND Sueeesteo ANSWERS

Judicial Ethics). Judges are enjoined not only to regulate

their e><tra-judicial activities in order to minimize the risk
of conflict with their judicial duties (Balayon v. Ocampo,
218 SCRA 13 [1993]).

(19) One of the foundation principles of the Bangalore

Draft of the Code of Judicial Conduct is the
importance in a modern democratic society of
(A) a judicial system that caters to the needs
of the poor and the weak.
(B) public confidence in its judicial system
and in the moral authority and inteqrity
of its judiciag.
(C) the existence of independent and
impartial tribunals that have the support
of its government.
(D) judges who are learned in law and
jurisprudence.

ANS: (B) public condence in its judicial system and in

the moral authority and integrity of its judiciary. An
honorable, competent and independent judicial exist to
administer justice and thus promote the unity of the
country, the stability of government and the well-being of
the people.

(20) After representing Lenie in an important lawsuit

from 1992 to 1995, Atty. Jennifer lost touch of her
client. Ten years later in 2005, Evelyn asked Atty.
Jennifer to represent her in an action against
Lenie. Such action involved certain facts, some
 BAR Q & A
LEGAL ETHICS

confidential, to which Atty. Jennifer was privy

because she handled Lenie's old case. Can Atty.
Jennifer act as counsel for Evelyn?
(A) No, but she can assist another lawyer
who will handle the case.
(B) Yes, but she must notify Lenie before
accepting the case.
(C) No, because her duty to keep the
confidences of previous clients remains.
(D) Yes, but she cannot reveal any
confidential information she previously
got.

ANS: (C) No, because her duty to keep the condences of

previous clients remains. A lawyer shall not to the
advantage of his client, use information acquired in the
course of employment, nor shall he use the same to his
own advantage or that of a third person, unless the client
with full knowledge of the circumstances consents
thereto (Canon 14, Rule 12.02, Code of Professional
Responsibility).

Eric, a labor federation president, represented

Luisa, a dismissed WXT employee, before the
NLRC. Atty. John represented Luisa's two co-
complainants. In due course, the NLRC reinstated
the three complainants with backwages and
awarded 25% of the backwages as attorney's
fees, 15% for Atty. John and 10% for Eric, a non-
lawyer. When WXT appealed to the Court of
 2011 LEGAL ETHICS 51
BAR QUESTIONS AND SUGGESTED ANSWERS

Appeals, Atty. John questioned Eric's continued

appearance before that court on Luisa's behalf, he
not being a lawyer. Is Eric's appearance before the
Court of Appeals valid?
(A) Yes, for Eric has a personal stake, the
fees awarded to him, in defending the
NLRC’s decision in the case.
(B) No, since John can very well represent
Luisa, she being in the same situation as
his own clients.
(C) No, because the representation of
another in courts can be entrusted only
to lawyers.
(D) Yes, sincethat appeal is a mere
continuation of the labor dispute that
began at the NLRC.

ANS: (C) No, because the representation of another in

courts can be entrusted only to lawyers.

In what documented act will a notary public's

failure to afx the expiration date of his
commission warrant administrative sanction?
(A) In the jurat of a secretary's certificate.
(B) In the will acknowledqed before him.
(C) In the signature witnessing he
performed.
(D) In the document copy he certified.
 BAR Q & A
LEGAL ETHICS

ANS: (B) In the will acknowledged before him.

A lawyer was suspended for notarizing documents

without notarial commission. The Supreme Court called it
“irreprehensible,” constituting not only malpractice but
also commission of separate crime of falsication of
public documents. (see: In the Matter of Disbarment of
Dominador Flores; City Fiscal Lozada vs. Flores, 21 SCRA
1267). Notarization of a private document converts such
document into a public one and renders it admissible in
court without further proof of its authenticity. (Sec. 24,
Rule 132; Antellon vs. Barcelona, 37 Phil. 148). Courts,
administrative agencies and the public at large must be
able to rely upon the acknowledgment executed by a
notary public and appended to a private instrument.
Notarization is not an empty routine; to the contrary, it
engages public interest in a substantial degree and the
protection of that interest requires preventing those who
are not qualied or authorized to act as notaries public
from posing as such upon the public and the courts and
administrative ofces generally. (Rebolleda vs. Inter-
mediate Appellate Court, 155 SCRA 520; Mariano Joson
vs. Atty. Gloria Baltazar, A.C. No. 575, February 14,
1991).

Provincial Governors and Municipal Mayors who

are lawyers are MCLE exempt because
(A) they handle cases of their constituents
for free.
(B) the Local Government Code prohibits
them from practicinq their profession.
 2011 LEGAL ETHICS 53
BAR QUESTIONS AND SUGGESTED ANSWERS

(C) they are rendering public service.

(D) As experts in local governance, it may be
assumed that they are updated on legal
developments.

ANS: (B) the Local Government Code prohibits them from

practicing their profession (RA 7160, Sec. 90; Javellana v.
Dept. of Interior, 212 SCRA 475).

4) Adifficult client directed his counsel to bring up to

the Supreme Court the trial court's dismissal of
their action. Counsel believes that the trial court
acted correctly and that an appeal would be futile.
Which of the following options should counsel
take?
(A) Withdraw from the case to temper the
client's propensity to litigate.
(B) Engage a collaborating counsel who can
assist in the case.
(C) Submit a new retainer proposal to the
client for a higher fee.
(D) Elevate the case to the Supreme Court as
directed by client.
ANS: (A) Withdraw from the case to temper the client's
propensity to litigate.

A lawyer who resorts to forum shopping, continuously

seeks the court where he may possibly obtain favourable
judgment, thereby adding to the already clogged dockets
 BAR Q & A
LEGAL ETHICS

of the courts with the unmeritorious cases he led,

grossly abuses his right of recourse to the courts. By
ling multiple petitions or complaints in the false hope of
getting some favourable action, he obstructs the
administration ofjustice. He is thus derelict in his duty as
counsel to maintain in such admission, actions or
proceeding only as appears to him to be just, and such
defenses or proceedings only as he believes to be
honestly debatable under the law. He thus prostitutes his
ofce at the expense of justice. (Atriaga vs. Villanueva,
A.M. Case No. 1892, July 29, 1988).

A counsel, who, instead of assisting in the speedy

disposition of cases, makes mockery of justice, and is
guilty of gross misconduct in ofce may be suspended
indenitely from the practice of law until such time that
he can demonstrate to the court that he has rehabilitated
himself and desen/es to resume the practice of law.

Although not counsel in a particular case, Atty.

Anthony asked Lisa, the RTC clerk of court, if the
case records have already been remanded to the
MTC as the Court of Appeals directed. Lisa said no,
saying that the RTC had not yet received a
certified copy of the Court of Appeals’ decision.
When Lisa suggested that Atty. Anthony first
secure such a copy, the latter scolded her. Shamed
by this, Lisa filed a disciplinary action against him
for encroaching on the work of the lawyers of
record. Anthony defends his follow-up action by
claiming good faith and the possibility of entering
 2011 LEGAL ETHICS 55
BAR QUESTIONS AND SUGGESTED ANSWERS

his appearance later. Is Anthony liable for his

record follow up?
(A) Yes, because he did not inform Lisa of
the basis of his interest in the case.
(B) Yes, because none of the parties to the
case authorized him to do such follow-
um
(C) No, because he acted in good faith with
a view to a possible retainer.
(D) No, because following up the records of
any case does not constitute practice of
law.

ANS: (B) Yes, because none of the parties to the case

authorized him to do such follow-up. A lawyer shall not,
directly or indirectly, encroach upon the professional
employment of another lawyer (Canon 8, Rule 8.02, Code
of Professional Responsibility; Laput v. Ramontigue, 6
SCRA 45).

(26) Administrative proceedings against Judges of all

courts and Justices of the Court of Appeals and the
Sandiganbayan shall be
(A) private and confidential.
(B) public but subdued.

(C) private but transparent.

(D) public.
56 BARQ&A
LEGAL ETHICS

ANS: (A) private and condential. The purpose of the rule

is to avoid undue pressure upon the judge, which may
adversely affect the performance of his judicial functions,
thus impairing the administration ofjustice. It is similar to
a disbarment case which is basically condential n nature.
He enjoys the legal presumption of innocence.

(27) When does the initial MCLE compliance period of a

newly admitted member of the bar begin?
(A) On the first day of the month of his
admission.
(B) On the tenth day of the month of his
admission.
(C) On the third year after his admission as
member.
(D) On the first year of the next succeeding
compliance period.

ANS: (A) On the rst day of the months of his admission.

The reason for the rule is that, it is the bounden duty and
obligation of every lawyer to see to it that he complies
with his duties when he practices before the count as
required by the Supreme court. The practice of law is a
mere privilege which is subject to regulation by the SC.

8) Counsel for Philzea Mining appealed a decision of

the Bureau of Mines, which was adverse to his
client, to the Environment Secretary. At about the
same time, he filed a special civil action of
certiorari with the Court of Appeals for the
 2011 LEGAL ETHICS 57
BAR QUESTIONS AND SUGGESTED ANSWERS

annulment of the same decision. Did counsel

commit any ethical impropriety in his actions?
(A) Yes, since the action he filed with the
Court of Appeals was barred by the
pendency of a similar action before the
Environment Secretary.
(B) Yes, since he was evidently shopping for
a sympathetic forum.

(C) No, since his appeal to the Environment

Secretary was administrative, not
judicial.
(D) No, since he has to exhaust all available
remedies to serve his client's interest.

ANS: (B) Yes, since he was evidently shopping for a

sympathetic forum. Forum shopping is malpractice and
constitutes contempt of court.

The ling of the petition for certiorari borders on the

censurable as it tries with the courts, abused their
processes, and added to the already heavily burdened
dockets. While counsel may owe entire devotion to the
interest of his client, his privilege to practice law carries
with it certain correlative duties to the court, one of
which is to assist in the speedy and efficient
administration of justice and not saddle the court with
multiple actions arising from the same case.

A lawyer has the duty to be more circumspect in dealing

with the courts. The SC said that a lawyer who performs
his duty with diligence and candor not only protects the
 BAR Q & A
LEGAL ETHICS

interests of his client, he also serves the ends of justice,

does honor to the bar and helps maintain the respect of
the community to the legal profession. (PRC, et al. vs.
CA, et al., G.R. No. 117817, and PRC, et al. vs. Hon.
Nitafan, et al., G.R. No. 118437, July 9, 1998, 95 SCAD
732).

Atty. Melissa witnessed the car accident that

resulted in injury to Manny, a friend of hers. While
visiting him at the hospital, she advised him about
what action he needed to take regarding the
accident. Is Atty. Melissa subject to disciplinary
action if she eventually handles the case for him?
(A) No, because Melissa did not directly
volunteer her services.
(B) No, because Manny happened to be a
friend.
(C) Yes, she engaged in typical ambulance
chasing.
(D) Yes, because she should have offered
her services for free.

ANS: (B) No, because Manny happened to be a friend.

She did not violate the rule that a lawyer shall not for any
corrupt motive or interest, encourage any suit or
proceeding or delay any mans cause (Canon 1, Rule 1.03
Code of Professional Responsibility). Her acts cannot be
considered as ambulance chase who haunts hospitals and
visits houses of the afflicted intruding their presence and
persistently offering his sen/ices on the basis of a
 2011 LEGAL ETHICS 59
BAR Quesnons AND SUGGESTED Answens

contingent fee (Palencia v. Atty. Pedro Linsangan, et a|.,

A.C. No. 10557, July 10, 2018; citing Linsangan v.
Tolentino, A.C. No. 6672, 598 SCRA 133 [2009]).

A Court Administrator's auditing team found that

Judge Ruby used business cards which stated, in
addition to her official title as presiding judge of
her court, that she is bar topnotcher, her law
school's “class valedictorian," and “one of the
most sought after private law practitioners"
before she joined the judiciary, all of which are
true. Asked to explain this seeming impropriety,
Ruby pointed out that business cards can include
the person's “title” which is broad enough to
include in her case her standing in the bar and all
the honors she earned. Did Ruby commit an
impropriety?
(A) Yes, unless the cards were given to her
as a gift.
(B) No, because all she stated in her
business cards are true.
(C) Yes, because she showed a hunger for
publicity and recoqnition that debases
her judicial post.
(D) No, because she is free to include in her
business cards details that say who she
is.

ANS: (C) Yes, because she showed a hunger for publicity

and recognition that debases her judicial post. A judge
 BAR Q & A
LEGAL ETHICS

should not seek publicity for personal vainglory. It means

that a judge should be prohibited from seeking publicity
for vanity or self-glorication. Judges are not actors or
actresses or politicians (Go v. CA, 306 SCRA 165).

Serving as counsel de oficio, Atty. Mamerto

advised John of the consequences of his plea of
not guilty to the charge. Before trial could be held,
however, the presiding judge died. As it happened,
Atty. Mamerto was appointed judge and John's
case was assigned to him by raffle. John quickly
moved for the judge's disqualification. Is Judge
Mamerto under obligation to inhibit himself from
the case?
(A) No, because his service to John was just
momentary.
(B) Yes, because his knowledge of John's
case affects his judgment.
(C) No, because he was merely a counsel de
oficio.
(D) Yes, because he served as John's
counsel.

ANS: (A) No, because his sen/ice to John was just

momentary. While judicial independence is a pre—requisite
to the Rule of Law and a fundamental guarantee of a fair
trial, his independence cannot be questioned considering
the very minimal service as counsel.

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

When Elma asked for Myra's competent evidence
 2011 LEGAL ETHICS 61
BAR Quesnows AND Sueeesnso ANSWERS

of identity, she explained that she does not have

any current identification document nor could she
get one soon. Instead, she presented her friend,
Alex, who showed Atty. Elma his driver's license
and confirmed her Myra's identity. Is Alex's
identification of Myra valid?
(A) Yes, provided Alex states in the deed of
sale that he knew Myra personally.
(B) No, Myra needs to produce a valid
identification document of herself.
(C) No, since Alex is not himself a party to
the document.
(D) Yes, since Alex had a valid identification
document.

ANS: (B) No, Myra needs to produce a valid identication

document of herself. A person shall not perform a
notarial act if the person involved as signatory to the
instrument or document is not personally known to the
notary public or othen/vise identied by the notary public
through competent evidence of identity as dened by the
Rules (Sec. 2[b] of Rule IV of the Rules of Notarial
Practice; Joson v. Baltazar, A.C. No. 575, Februaly 14,
1991; Angeles v. Atty. Ibanez, A.C. No. 7860, January 5,
2009; Almario v. Atty. Dominica Llnera-Agno, A.C. No.
10689, January 8, 2018).

Atty. Eliseo represented Allan in a collection suit

against the Philippine Charity Sweepstakes Office
(PCSO). After his election as sangguniang bayan
 BAR Q & A
LEGAL ETHICS

member, the court rendered a decision in PCSO's

favor. Still, Atty. Eliseo appeared for Allan in the
latter's appeal, prompting the PCSO to question
his right to do so. In response, Atty. Eliseo claimed
that the local government code authorizes him to
practice law as long it does not conflict with his
duties. Is Atty. Eliseo right?
(A) No, because he cannot appear against a
government instrumentality in a civil
case.

(B) Yes, because his ofcial duties do not

conflict with his private practice.
(C) No, because he works on his private case
at the sacrifice of public service.
(D) Yes, because he does not appear in the
case as a municipal official.

ANS: (A) N0, because he cannot appear against a

government instrumentality in a civil case.

4) Which of the following instances demonstrates

counsel's LACK of diligence in serving his client's
interest?
(A) Failing to file his client's appeal brief
despite 2 extensions upon the excuse
that the client did not coordinate with
him.
(B) Failing to send to client a requested legal
opinion until after the latter gave him
the additional documents he requested.
 2011 LEGAL ETHICS 63
BAR QUESTIONS AND SUGGESTED ANSWERS

(C) Failing to rehearse his client on his

testimony before the trial.
(D) Updating his client about the status of
his case by phone and electronic mail.

ANS: (A) Failing to le

his client's appeal brief despite 2
extensions upon the excuse that the client did not
coordinate with him.

A lawyer owes delity to the case of his client and must

be mindful of the trust and condence reposed in him.
(Canon 17). He shall serve his client with competence
and diligence, and his duty of entire devotion to his
client's cause not only requires, but entitles him to
employ every honourable means to secure for the client
what is justly due him or to present every defense
provided by law to enable the Iatter’s cause to succeed.
(Canon 15). An attorney's duty to safeguard the client's
interests commences from his retainer until his effective
release from the case or the nal disposition of the whole
subject matter of the litigation. (Visitacion vs. Manit, G.R.
No. L-27231, March 28, 1969). During that period, he is
expected to take such reasonable steps and such
ordinary care as his client's interests may require.
(Gamalinda vs. Attys. Fernando Alcantara and Joselito
Lim, A.C. No. 3695, February 24, 1992; Sorensen v. Atty.
Florito Puzon, A.C. No. 11334, January 7, 2019, Carpio,
J).

35) What is the method of national inquiry into the

conduct of Supreme Court magistrates?
 BAR Q & A
LEGAL ETHICS

(A) Administrative investigation.

(B) Disqualification.
(C) Impeachment.
(D) Disbarment.

ANS: (C) Impeachment. Under the Constitution, the

following ofcers may be removed by impeachment x x x
(3) Chief Justice and Associate Justices of the Supreme
Court. (Sec. 2, Article IX, Constitution). The following are
the ground for impeachment: (1) culpable violation of the
Constitution; (2) treason; (3) bribery; (4) graft and
corruption; (5) other high crimes; (6) betrayal of public
trust (Sec. 2, Art. XI, Constitution).

What unhealthy attitude of mind should a judge

avoid falling into?
(A) Hearing and adjudicating cases is an
important job.
(B) Courts are made for litigants.
(C) Litiqants are made for the courts.
(D) Courts should dispose of their cases on
time.
ANS: (C) Litigants are made for the courts.

It means that it is the duty of both counsel and judge to

maintain not to destroy, the high esteem and regard for
courts. Any act on the part of one or the other that tends
to undermine the people's respect for, and condence in,
the administration of justice is to be avoided. And this,
 2011 LEGAL ETHICS 65
BAR QUESTIONS AND SUGGESTED ANSWERS

even if both may have to restrain pride from taking the

better part of their system. (Lugue vs. Kayanan, 29 SCRA
173). The relations of judge and lawyer should be
founded on mutual respect and on a deep appreciation
by one of the duties of the other. (Romero vs. Valle, 147
SCRA 197; Assistant Special Prosecutor III Rohermia J.
Jamsani-Rodriguez vs. Hon. Gregory Ong, et aI., A.M. No.
O8-19-SB-J, August 24, 2010).

7) After hearing in a sensational criminal case,

counsel for the accused told television viewers
how the judge unfairly ruled to stop his witness
from testifying fully about certain aspects of the
case that would help the accused. Counsel said
that the public should know the injustice to which
his client was being subjected. Can counsel be
disciplined for his utterances?
(A) Yes, because rather than defend the
judicial system as was his duty, he
attacked it.
(B) No, since counsel did not use obscene
language.
(C) No, so long as counsel did not knowinqly
make false statements or act in reckless
disregard of truth.
(D) Yes, even if the judge may have actually
made unfair rulings in the course of trial.

ANS: (C) No, so long as counsel did not knowingly make

false statements or act in reckless disregard of truth. A
 BAR Q & A
LEGAL ETHICS

lawyer shall not, in his professional dealings, use

language which is abusive, offensive or otherwise
improper (Canon 8, Rule 8.01, Code of Professional
Responsibility).

Which of the following is required of counsel when

withdrawing his services to a client in a case?
(A) Counsel's desire to withdraw, expressed
in his motion.
(B) Payment of withdrawal fee.
(C) Opposing counsel's conformity to the
withdrawal.
(D) Client's written consent filed in court.
ANS: (D) Client's written consent led in court.

The consent is necessary because the relationship of a

lawyer and a client is based on contract and the consent
of a client to the withdrawal of a lawyer has the effect of
terminating such relationship. If the client does not
consent, the contract still subsists. Whether or not a
lawyer has a valid cause for withdrawal from a case, he
cannot just do so and leave the client in the cold
unprotected. An attorney may only retire from a case
either by written consent of his client or by permission of
the court after due notice and hearing, in which event the
lawyer should see to it that the new counsel is recorded
in the case (Sauteco v. Atty. Luna Avance, A.C. No. 5384,
December 11, 2003; Chang v. Atty. Jose Hidalgo, A.C.
No. 6934, April 6, 2016, Leonen, J).
 2011 LEGAL ETHICS 67
BAR QUESTIONS AND SUGGESTED ANSWERS

(39) Which of the following demonstrates the lawyer's

duty to give the court the respect it deserves?
(A) Counsel consistently appearing in court
on time.
(B) Counsel obeyinq court's orders and
processes.
(C) Woman counsel appearing in court
dressed in business attire.
(D) Counsel addressing the court as “Your
Honor" at all times.

ANS: (B) Counsel obeying court's orders and processes.

The lawyer's rst and foremost duty is to the court. He is

duty bound to comply with the lawful orders of the court.
The reason is that the attorney is an ofcer of the court
because his main mission is to assist the court in
administering justice. A Iavvyer as an ofcer of the court
has the duty to be truthful in all his dealings. (Fernandez
vs. Atty. Angelica P. De Ramos-Villalon, A.C. No. 7084,
February 27, 2009).

(40) Atty. Arthur agreed to represent Patrick in a

personal injury case after the latter signed a
retainer agreement for a 33°/o fee contingent on
their winning the case. In the course of trial,
Patrick dismissed Atty. Arthur after he presented
their evidence in chief and engaged Atty. Winston
another lawyer. They lost the case. What fee
would Atty. Arthur be entitled to?
68 BAR Q & A
LEGAL ETHICS

(A) Thirty three percent of the fee actually

paid to Winston.
(B) The reasonable value of his services.
(C) A flat hourly rate for the time he
invested in the case.
(D) Absolutely nothing.

ANS: (D) Absolutely nothing because payment of

attorney's fees based on contingency depends upon the
success of the case. A contingent contract is an
agreement whereby the fee, usually xed percentage of
what may be recovered is made to depend on the
success of the action.

(41) Ronnie, a paralegal in a law firm, helped Beth in a

property dispute in which she was involved by
giving her legal advice and preparing a complaint
that she eventually filed in court under her own
signature. When the lawyer for the defendant
learned of it, he told Ronnie to desist from
practicing law. But he disputed this, claiming that
he had not practiced law since he did not receive
compensation from Beth for his help. Is Ronnie
correct?
(A) Yes, because he could as a paralegal
provide competent legal help to litigants.
(B) Yes, for so long as he did not sign the
complaint or appeared as Beth's lawyer.
(C) No, unless Beth was ill-advised in filing
her complaint in court.
 2011 LEGAL ETHICS 69
BAR QUESTIONS AND SUGGESTED ANSWERS

of compensation is
(D) No, because receipt
not the sole determinant of leqal
practice.

ANS: (D) No, because receipt of compensation is not the

sole determinant of legal practice.

Practice of law under modern conditions consists in no

small part of work performed outside of any court and
having no immediate relation to proceedings in court. It
embraces conveyancing, the giving of legal advice on a
large variety of subjects, and the preparation and
execution of legal instruments covering an extensive eld
of business and trust relations and other affairs. Although
these transactions may have no direct connection with
court proceedings, they are always subject to become
involved in the litigation. They require in many aspects a
high degree of legal skill. (Moran, Comments on the
Rules of Court, Vol. 3 [1953 ed.], O0. 665-666).

It may also be said that:

“One may be a practicing attorney in following

any line of employment in the profession. If what he
does exacts knowledge of the law and is of a kind
usual for attorneys engaging in the active practice of
their profession, and he follows some, one or more
lines of employment such as this, he is practicing
attorney at law within the meaning of the statute.”
(Barr vs. Cardell, 155 NW 312; Cayetano v. Monsod,
201 SCRA 210 [1991]; Lingan v. Calubaquib, 727
SCRA 341, Leonen, J).

(42) Which of the following characteristics pertains to a

charging lien?
70 BARQ&A
LEGAL ETHICS

(A) It cannot attach to judgments for

delivery of real estates.
(B) It involves documents placed in the
lawyer's possession by reason of the
retainer.
(C) It does not need any notice to the client
to make it effective.
(D) It may be exercised before judgment or
execution.

ANS: (A) It cannot attach to judgments for delivery of

real estates.

A charging lien, to be enforceable as security for the

payment of attorney's fees, requires as a condition sine
qua non a judgment secured in the main action by the
attorney in favor of his client. It is not of the nature
which attaches to the property in litigation, but is at most
a personal claim enforceable by a writ of execution. It
presupposes that the attorney has secured a favourable
money judgment for his client. A charging lien is //m/ted
on/y to money judgments and not to judgments for the
annulment of a contract or for delivery of a real property.
(Metropolitan Bank and Trust Company vs. CA, 181 SCRA
367, January 23, 1990).

43) To whom may the Supreme Court refer complaints

against lawyers for investigation?
(A) Integrated Bar of the Philippines.
(B) Office of the Bar Confidant.
 2011 LEGAL ETHICS 71
BAR QUESTIONS AND SUGGESTED ANSWERS

(C) Judicial and Bar Council.

(D) Office of the Court Administrator.
ANS: (A) Integrated Bar of the Philippines.

Proceedings for the disbarment of members of the bar

are not in any sense civil actions where there is a plaintiff
and the respondent is the defendant. The proceedings
are su/' gene/'/5. Disciplinary proceedings involve no
private interest and afford no redress for private
grievance. They are undertaken for the purpose of
preserving courts of justice from the ofcial ministration
of persons unt to practice. The attorney is called to
answer to the court for his conduct as an ofcer of the
court. The complainant or the person who called the
attention of the court to the attorney's alleged
misconduct is in no sense a party, and has generally no
interest in the outcome except as all good citizens may
have in the proper administration ofjustice. (De Vera vs.
Pineda, 213 SCRA 434, September 2, 1992, citing Tajan
vs. Hon. Vicente Cusi, Jr., 57 SCRA 154, May 30, 1974;
Uy vs. Gonzales, 426 SCRA 422 [2004]; Vitug vs.
Rongcal, A.C. No. 6313, September 7, 2006; Maritess
Freeman vs. Atty. Zenaida P. Reyes, A.C. No. 6244,
November 15, 2011; Atty. Pedro Aguirre v. Atty. Crispin
Reyes, A.C. No. 4355, January 8, 2020, Lazaro-Javier, J).

44) After several years as a private practitioner, Ben

got appointed as Regional Trial Court judge. Five
years after his appointment, he received summons
directing him to answer a disbarment complaint
that pertained to a document he notarized more
 BAR Q & A
LEGAL ETHICS

than 10 years ago from appointment date. He

sought the dismissal of the complaint arguing that
the cause of action has prescribed. Must the
complaint be dismissed?
(A) No, because such complaints do not
prescribe.
(B) Yes, because the complaint creates a
chilling effect on judicial independence.
(C) No, but the complaint should be verified
to ensure transparency.
(D) Yes, because actions on contracts
prescribe in 10 years.

ANS: (A) No, because such complaints do not prescribe.

The qualication of good moral character is a require-

ment which is not dispensed with upon admission to
membership of the bar. This qualication is not only a
condition precedent to admission to the legal profession,
but its continued possession is essential to maintain one’s
good standing in the profession. It is a continuing
requirement to the practice of law and therefore does not
preclude a subsequent judicial inquiry, upon proper
complaint, into any question concerning one’s mental or
moral tness before he became a lawyer. This is because
his admission to practice merely creates a rebuttable
presumption that he has all the qualications to become
a lawyer. Possession of good moral character is not only
a prerequisite to admission to the bar but also a
 2011 LEGAL ETHICS 73
BAR QUESTIONS AND Suooesrep ANSWERS

continuing requirement to the practice of law. (Heck vs.

Santos, 423 SCRA 329 [2004]).

45) On November 28 Atty. Patrick wrote in a news-

paper column that the Supreme Court already
decided in favor of the validity of the Executive
Order that created the Truth Commission upon a
vote of 13-2. But, as it turned out, the Court
actually rendered an adverse decision only on
December 7, and upon a vote of 10-5. Asked to
explain his misleading article, Patrick said that his
constitutionally protected right to free expression
covered what he wrote. Can the Court cite Patrick
for contempt?
(A) Yes, because his article obstructs and
degrades the administration of justice.
(B) No, because the right to free expression
occupies a high rank in the hierarchy of
cherished rights.
(C) No, because courts must simply ignore
public opinion and the media when
rendering decisions.
(D) Yes, because he wrote a lie in his
column.

ANS: (A) Yes, because his article obstructs and degrades

the administration ofjustice.

The Supreme Court may hold anyone to answer for

utterances offensive to its dignity, honor, or reputation,
which tend to put it in disrepute, obstruct the
 BAR Q & A
LEGAL ETHICS

administration of justice, or interfere with the disposition

of its business or the performance of its functions in an
orderly manner. He cannot say that he was singled out.
He is open to sanctions as a journalist who has misused
and abused press freedom to put the judiciary in clear
and present danger of disrepute and of public odium and
opprobrium, to the detriment and prejudice of the
administration of justice. That he is at the same time, a
member of the Bar has nothing to do with the setting in
of those sanctions, although it may aggravate liability (In
Re: Emil Jurado, 243 SCRA 299, Adm. Matter No. 93-2-
037-SC).

Freedom of expression, the right of speech and of the

press is, to be sure, among the most zealously protected
rights in the Constitution. But every person exercising it
is, as the Civil Code stresses, obliged “to act with justice,
give everyone his due, and observe honesty and good
faith.” The constitutional right of freedom of expression
may not be availed of to broadcast lies or half-truths —
this would not be “to observe honesty and good faith”; it
may not be used to insult others, destroy their name or
reputation or bring them into disrepute — this would not
be “to act with justice” or “give everyone his due.”

Although honest utterances, even if inaccurate, may

further the fruitful exercise of the right of free speech, it
does not follow that a lie, knowingly and deliberately
published about a public ofcial, should enjoy immunity.
A knowingly false statement made with reckless disregard
of the truth, does not enjoy constitutional protection, for
the use of calculated falsehood would put a different cast
 2011 LEGAL ETHICS 75
BAR QUESTIONS AND SUGGESTED ANSWERS

on the constitutional question of protection of the writer

(In Re: Emil Jurado, 243 SCRA 299, Adm. Matter No. 93-
2-O37-SC).

Atty. Ramon borrowed his client's (Menchu) land

title. After eight months, Menchu demanded its
return but he failed to comply and changed his
residence. After Menchu tracked him down, she
confronted him about the title. He then offered to
just buy the property and gave her five checks for
it but these bounced. Charged with malpractice,
Atty. Ramon answered that his license to practice
law cannot be in issue. He merely incurred civil
liability for a failed transaction. Will the mal-
practice action prosper?
(A) No, because his failure to pay his
obligation only makes him civilly liable.
(B) No, since Menchu did not transact
business with Atty. Ramon as a lawyer.
(C) Yes, because it is professionally repre-
hensible for a lawyer to be unavailable
to a person in need.
(D) Yes, he havinq taken advantage of
Menchu who was not fully_protected and
had no independent advice.

ANS: (D) Yes, he having taken advantage of Menchu who

was not fully protected and had no independent advice.

Atty. Ramon violated the Rules that a lawyer shall

account for all money or property collected or received
76 BARQ&A
LEGAL ETHICS

for or from the client (Rule 16.01) and the Rule that a
lawyer shall deliver the funds or property of his client due
or upon demand (Rule 16.02, Canon 16, Code of
Professional Responsibility). The conduct of Atty. Ramon
shows his untness for the condence and trust reposed
in him or showing such lack of personal honesty or good
moral character as to render him unworthy of public
condence, a ground for disbarment (Navarro v.
Meneses, 285 SCRA 586; Punla v. Atty. Maravilla-Ona,
G.R. No. 11149, August 5, 2017).

47) Atty. Alfredo Prado appeared in a case as legal

officer of the Land Registration Authority (LRA).
His opponent, Atty. Armando, knew an Atty.
Alfredo Prado from his province who had been
dead for years. When Atty. Armando checked with
the Supreme Court, only one Alfredo Prado was in
the roll of attorneys. What action can Atty. Armado
take against Vicente who had taken a dead
lawyer's identity?
(A) File direct contempt action against
Vicente for deceiving the court.
(B) Criminally prosecute Vicente for estafa
for makinq money upon false pretense.
(C) Criminally prosecute Vicente for theft of
Alfredo's identity and law practice.
(D) Institute disbarment case against
a
Vicente for misrepresenting himself as
lawyer.
 2011 LEGAL ETHICS 77
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: (B) Criminally prosecute Vicente for estafa for

making money upon false pretense. A lawyer shall not do
any falsehood nor consent to the doing of any in court;
nor shall he mislead or to allow the court to be misled by
any artice (Rule 10.01, Canon 10, Code of Professional
Responsibility). In fact, not being a lawyer, he cannot
practice law.

48) After the prosecution cross-examined Shiela, a

witness for the accused, Judge Pedro asked her
ten additional questions that were so intense they
made her cry. One question forced Sheila to admit
that her mother was living with another man, a
fact that weighed on the case of the accused. This
prompted the latter's counsel to move to expunge
the judge's questions for building on the
prosecution's case. Judge Pedro denied the
motion, insisting that bolstering a party's case is
incidental to the court's desire to be clarified. Did
Pedro commit an impropriety?
(A) No, his ten questions could not be
considered an undue intervention.
(B) No, because the judge is free to inquire
into any aspect of the case that would
clarify the evidence for him.
(C) Yes, because he effectively deprived the
defense of its riqht to due process when
he acted both as prosecutor and iudqe.
78 BARQ&A
LEGAL ETHICS

(D) Yes, because nothing connects his desire

to be clarified with the questions he
asked.

ANS: (C) Yes, because he effectively deprived the

defense of its right to due process when he acted both as
prosecutor and judge.

A judge may intervene during the presentation of

evidence in order to expedite and prevent unnecessary
waste of time. (Domanicos vs. CA, 122 SCRA 218). He
may intervene to propound claricatory questions.
(People vs. Muit, 117 SCRA 696). He should, however,
limit himself only to claricatory questions and not to ask
searching questions after the witness had given direct
testimony. (Valdez vs. Aquilizan, 133 SCRA 150). His act
should be done sparingly and not throughout the
proceedings.

49) Administrative penalties imposed on judges are

(A) curative.
(B) punitive.
(C) corrective.
(D) both punitive and corrective.
ANS: (D) both punitive and corrective.

The retirement of a judge or any judicial ofcer from the

service does not preclude the nding of any admin-
istrative liability to which he shall still be answerable. In
Ga//0 vs. Cordero, 61 SCAD 956, 245 SCRA 219, it was
 2011 LEGAL ETHICS 79
BAR QUESTIONS AND SUGGESTED ANSWERS

said that since the court had this jurisdiction at the time
of the ling of the administrative complaint it was not lost
by the mere fact that the respondent public ofcial had
ceased in ofce during the pendency of his case. The
Court retains its jurisdiction either to pronounce the
respondent official innocent of the charges or declare him
guilty thereof. A contrary rule would be fraught with
injustice and pregnant with dreadful and dangerous
implications. If innocent, respondent official merits vindi-
cation of his name and integrity as he leaves the
government which he has served well and faithfully; if
guilty, he deserves to receive the corresponding censure
and a penalty proper and imposable under the situation.
(Villa Macasasa, et al. vs. Judge Fausto H. Imbing, A.M.
No. RTJ-99-1470, August 16, 1999; In Re: Undated Letter
of Mr. Louis C. Biraogo, v. Nograles and Limkaichong,
G.R. No. 179120, August 11, 2009).

Which of the following demonstrates a lawyer's

fidelity to known practices and customs of the bar
regarding a case he is handling?
(A) Treating his client's disclosures as
confidential but not the documents he
submits for review.
(B) Meeting with his client's opponent over
lunch to discuss settlement without
telling his client.
(C) Acceptinq a tough case although he is
new in practice, trusting that his
diligence would make up for lack of
exgerience.
 BAR Q & A
LEGAL ETHlCS

(D) Inviting the judge hearing the case

to dinner with no purpose to discuss
the case with him.
ANS: (C) Accepting a tough case although he is new in
practice, trusting that his diligence would make up for
lack of experience.

A lawyer owes entire devotion to the interest of his client,

warmth and seal in the maintenance and defense of his
rights and the exertion of his utmost learning and ability,
to the end that nothing can be taken or withheld from his
client except in accordance with law. He should present
ever remedy or defense regardless of his personal views.
In the full discharge of his duties to his client, the lawyer
should not be afraid of the probability that he may
displease the judge or the general public (Legarda v. CA,
195 SCRA 418; Que v. Anastaccio Revilla, Jr., A.C. No.
7054, December 4, 2009).

--0Oo--
 2012 BAR EXAMINATION
LEGAL ETHICS AND PRACTICAL EXERCISES

Set A
MULTIPLE CHOICE QUESTIONS (MCQs)

1. Atty. Galing is a Bar topnotcher. He has been

teaching major subjects in a law school for eight
(8) years and has mastered the subjects he is
handling. Is he exempt from the MCLE
requirement?
a. No, eight (8) years experience is not
enough.
b. Yes, since he has mastered what he is
handng.
c. Yes, professors of law are exempted.
d. No, since he is not yet a Bar reviewer.

ANS: (a) No, eight (8) years experience is not enough.

He should have teaching experience for 10 years in an
accredited law school (Rule 6, Sec. 1[j]; B.M. 850,
Mandatory Continuing Legal Education).

2. Atty. Rey has been a professor in the Legal

Management Department of Y University for thirty
(30) years. He teaches Constitution, Obligation
and Contracts, Insurance, Introduction to Law. Is
he exempted from the MCLE requirement?

81
 BAR Q & A
LEGAL ETHICS

a. Yes, because his teaching experience is

already more than ten (10) years.
b. No, because he is not teaching in the
College of Law.
c. Yes, because of his field of knowledge
and experience.
d. No, because Y University is not
accredited.

ANS: (b) No, because he is not teaching in the College of

Law. Under the Rules, for a member of the Bar or
professor of law to be exempt from the MCLE
requirement, they must have teaching experience for at
least 10 years in accredited law schools. The Legal
Management Department is not a law school, hence, he
is not exempted.

The term of Dean Rex of X College of Law expired

in the first year of the third compliance period.
Does his exemption extend to the full extent of
said compliance period?
a. No, he must comply with all the unit
requirements.
b. Yes, to the full extent.
c. No, but comply proportionately.
d. Yes, but he must apply for exemption.

ANS: (a) No, he must comply with all the unit

requirements considering that credit hours are computed
 2012 LEGAL ETHICS 83
BAR QUESTIONS AND SUGGESTED ANSWERS

based on actual time spent in an educational activity in

hours to the nearest one-quarter hour reported in
decimals (Rule 6, Sec. 1, B.M. 850, Mandatory Continuing
Legal Education).

What is the duration of MCLE Compliance Period?

a. Twelve (12) months;
b. Twenty-four (24) months;
c. Thirty-six (36) months;
d. Eighteen (18) months.

ANS: (c) Thirty-six (36) months.

Members of the IBP not exempt under Rule 7 shall

complete every three (3) years at least thirty-six (36)
hours continuing legal education activities approved by
the MCLE Committee (Sec. 2, Rule 2, BM 850, Mandatory
Continuing Legal Education).

When does compliance period begin?

a. When the lawyer actually begins law
practice;
b. Upon admission] readmission to the Bar;
c. 01 October 2009;
d. 01 October 2006.

ANS: (Bonus) A closer perusal of Rule 3 of the MCLE

Rules would show that there is no accurate answer.
 BAR Q & A
LEGAL ETHICS

Does the MCLE requirement apply at once to a

newly-admitted lawyer?
a. Yes, if admitted to the Bar and there are
four (4) more months remaining of the
compliance period.
b. No, wait for the next compliance period.
c. Yes, if he will start law practice imme-
diately.
d. Yes, if more than one (1) year remains of
the compliance period.

ANS: (a) Yes, if admitted to the Bar and there are four
(4) more months remaining of the compliance period.

What is the purpose of MCLE?

a. To conform with the requirements of
international law.
b. To provide a venue to improve fraternal
relations among lawyers.
c. To keep abreast with law and juris-
prudence and to maintain the ethical
standards of the profession.
d. To supplement legal knowledge due to
substandard law schools.

ANS: (c) To keep abreast with law and jurisprudence and

to maintain the ethical standards of the profession.
Continuing legal education is required of members of the
IBP to ensure that throughout their career, they keep
 2012 LEGAL ETHICS 85
BAR QUESTIONS AND SUGGESTED ANSWERS

abreast with law and jurisprudence maintain the ethics of

the profession and enhance the standards of the practice
of law (Rule 1, B.M. No. 850 Mandatory Continuing Legal
Education).

Atty. Aga was appointed as Treasurer by the IBP

President with the approval of the Board of
Governors for a term coterminous with that of the
President. A year thereafter, Atty. Aga ran as
Barangay Chairman of their place, and took a
leave of absence for two (2) weeks to campaign.
May Atty. Aga re-assume as Treasurer after his
leave of absence?
a. Yes, since he lost in the election.
b. No, because he was deemed resigned
upon filing of his certificate of
candidacy.
c. Yes, because his position as Treasurer is
coterminous with the President of the I
BP.

d. No, because he should first seek the

approval of the IBP Board of Governors
before running as Brgy. Chairman.

ANS: (b) N0, because he was deemed resigned upon

ling of his certicate of candidacy. The IBP is an
independent and a political organization.

Atty. Magtanggol of the PAO was assigned to

defend X who is accused of Slight Physical Injury
before the MTC of a far-flung town. During the
 BAR Q & A
LEGAL ETHICS

trial, P02 Tulco appeared in court on behalf of the

complainant. Atty. Magtanggol objected to his
appearance since the policeman is not a member
of the Bar.
a. The objection is valid. It
should be the
public prosecutor who should prosecute
the criminal action.
b. Atty. Magtanggol is just afraid that his
client may be convicted through the
efforts of a non-lavvyer.
c. In the courts of municipality, a party
a
may conduct his litigation in person or
with the aid of an agent or friend.
d. If apublic prosecutor is not available, at
least a private prosecutor who must be a
lawyer should be designated.

ANS: (a) The objection is valid. Itshould be the public

prosecutor who should prosecute the criminal action.
Only a person duly admitted as a member of the bar, or
hereinafter admitted as such in accordance with the
provisions of the Rules of Court, and who in good
standing, is entitled to practice law (Sec. 1, Rule 138,
Rules of Court). Public policy requires that the practice of
law be limited to those individuals found duly qualied in
education and character. The purpose is to protect the
court, the public and the client and the Bar from the
incompetence or dishonesty of those unlicensed to
practice law and not subject to the disciplinary control of
the Court (Phil. Assn. of Free Labor Unions, et al. v.
 2012 LEGAL ETHICS 87
BAR QUESTIONS AND SUGGESTED ANSWERS

Binalbagan, Isabela Sugar Co., et al., 42 SCRA 302

[1971]). However, in the court of a municipality, a party
may conduct his litigation in person or with the aid of an
agent or friend (Sec. 34, Rule 138; Lapuz v. Bernabe, 55
Phil. 621; Catinubuan v. Cruz, Jr., 126 SCRA 190).

Bong Tupak, a 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 himself. 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, saying 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. An accused 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.
c. 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.
 BAR Q & A
LEGAL ETHICS

d. A 2nd year law student has sufficient

knowledge of criminal law and proce-
dure, hence, he is competent to defend
himself.

ANS: (b) The RTC should have appointed a counsel de

ofic/'0 to assist the accused even if not sought or
requested by the accused.

RTC Judge Bell was so infuriated by the conduct of

Atty. X who conveniently absents himself when his
clients do not pay his appearance fee in advance.
Atty. X also uses disrespectful and obscene
language in his pleadings. At one point, when his
case was called for hearing, Atty. X did not appear
for his client although he was just outside the door
of the court room. Judge Bell directed the client to
summon Atty. X, but the latter refused. Judge Bell
then issued an Order directing Atty. X to explain
why no disciplinary action shall be imposed on him
for this misconduct but he refused the directive.
Decide.
a. RTC Judge Bell can suspend Atty. X from
the practice of law before his sala.
b. The case of Atty. X can be dismissed due
to non-appearance of counsel even
though the party was present.
c. The hearing of the case should be
rescheduled in the interest of justice.
 2012 LEGAL ETHICS 89
BAR QUESTIONS AND SUGGESTED ANSWERS

d. The court can admonish the client for the

unprofessional conduct of his lawyer and
ask him to change his lawyer.

ANS: (a) RTC Judge Bell can suspend Atty. X from the
practice of law before his sala. A lawyer shall exert every
effort in the speedy and efcient administration ofjustice
(Canon 12, Code of Professional Responsibility). A lawyer
shall observe and maintain respect due to the Courts and
to judicial ofcers (Canon 11, Code of Professional
Responsibility).

Debbie, topnotcher of their class, is now on her

4th year law studies and has enrolled in the legal
aid clinic of the law school. She was assigned to
handle a domestic violence and support case filed
by their client against her husband. During the
hearing, the clinic's supervising attorney intro-
duced Debbie to the Branch Clerk of Court and
then left to oversee another intern. In the midst of
the proceedings, opposing counsel objected to the
appearance of Debbie because she is not yet a
lawyer. Decide.
a. Debbie can proceed because the law
student practice rule allows a student
who has finished 3rd year of the regular
course to appear without compensation
before a trial court.
b. Debbie can proceed since she is
appearing only during the trial and did
not sign the pleadings.
 BAR Q & A
LEGAL ETHICS

c. Debbie cannot proceed without the

presence of their clinic's supervising
attorney.
d. Debbie has proven her capability to
handle the case and opposing counsel is
objecting only now because he might
lose to a law student.

ANS: (c) Debbie cannot proceed without the presence of

their clinic's supervising attorney. Only a person duly
admitted to the practice of law may practice law. If he
proceeds without the supervising lawyer, he would be
considered as practicing alone. The supervising lawyer
assists and advice the certied law student practitioner in
the activities authorized by the rules (Sec. 12).

Atty. Quiso was the retained counsel for Alfa

Security Agency and handled all the cases
involving the company. Adam, the Assistant
Manager of the agency, hired Atty. Quiso when he
was sued in an ejectment case. Later, Adam was
fired from the agency. Adam did not return a
vehicle and so, Atty. Quiso -
as counsel for the
security agency — filed a replevin suit Adam moved
for Atty. Quiso's disqualification considering that
the ejectment case is still pending. Is there
conflict of interest?
a. No, the cases are totally unrelated and
there is no occasion to unduly use
confidential information acquired from
one case in the other.
 2012 LEGAL ETHICS 91
BAR QUESTIONS AND SUGGESTED ANSWERS

b. No, Atty. Quiso is duty bound to handle

all cases of his client, including the
replevin case against Adam.
c. Yes, proscription is against representa-
tion of opposing parties who are present
clients or in an unrelated action.
d. Yes, Atty. Quiso must withdraw as
counsel for Adam, otherwise he will lose
his retainer

ANS: (c) Yes, proscription is against representation of

opposing parties who are present clients or in an
unrelated action.

Mr. Joseph, owner of an investment house,

consulted a friend, Atty. Miro, about a potential
criminal act1on against him because he cannot
pay investors due to temporary liquidity problems.
Atty. Miro asked Mr. Joseph to transfer to him all
assets of the firm and he will take charge of
settling the claims and getting quitclaims. A
month later, Mr. Joseph was surprised to receive a
demand letter from Atty. Miro, as counsel for all
the claimants, for the pay back of their invest-
ments. After a while, Mr. Joseph received releases
and quitclaims from the investors, with desistance
from filing criminal action against him. Atty. Miro
later told Mr. Joseph that he sent the demand
letter so he can claim attorney's fee. Was there a
conflict of interest?
 BAR Q & A
LEGAL ETHICS

a. No, there was no formal engagement of

Atty. Miro as counsel for Mr. Joseph.
b. Yes, by giving legal advice to Mr. Joseph,
the latter became a client of Atty. Miro.
c. No, there is no attorney-client relation-
ship between Mr. Joseph and Atty. Miro
as no attorney's fee was charged nor
paid to the latter.
d. Yes, because Atty. Miro was repre-
senting Mr. Joseph when he disposed the
assets to pay off the claims.

ANS: (b) Yes, by giving legal advice to Mr. Joseph, the

latter became a client of Atty. Miro.

Atty. Gelly passed the Bar in 1975. After taking his

oath, 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 but the IBP is charging him
from 1975 up to the present and threatening him
with expulsion if he does not comply. Is the IBP
correct?
8. 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.
 2012 LEGAL ETHICS 93
BAR QUESTIONS AND SUGGESTED ANSWERS

c. Atty. Gelly should pay the dues from

1975 to the present since membership in
the IBP is compulsory.
d. Atty. Gelly should not pay because the
rule on bar integration is unconstitu-
tional for compelling a lawyer to join an
association.

ANS: (c) Atty. Gelly should pay the dues from 1975 to the
present since membership in the IBP is compulsory.

It the bounden duty and obligation of every lawyer to

is
see to it that he pays his IBP membership dues on time,
especially when he practices before the courts, as
required by the Supreme Court. (Bongallonta vs. Castillo,
558 SCAD 233, 240 SCRA 310, January 20, 1995). This is
so because the practice of law is a mere privilege which is
subject to regulation by the Supreme Court. In fact, a
lawyer who fails and refuses to pay his dues to the
Integrated Bar of the Philippines may suffer the
consequence of his name being dropped from the Roll of
Attorneys.

Mr. Joey owns a 5-hectare parcel of land which is

being expropriated as market site. The govern-
ment is offering only Php15 per sqm while Mr.
Joey deserves Php20 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 Php20 per sqm. Due to expert
handling, the expropriation court awarded Mr.
Joey the fair market value of Php35 per sqm. Mr.
 BAR Q & A
LEGAL ETHICS

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 of law between the parties
and must be complied with in good faith.
b. It was the excellent handling of the case
that resulted in a bigger award; hence, it
is fair that Atty. AI should be rewarded
with the excess.
c. Mr. Joey got the desired valuation for his
land. So, he must honor his contract with
Atty. AI.
d. Attorney's fees is always subject to court
supervision and may be reduced by the
court based on quantum meruiti

ANS: (d) Attorney's fees is always subject to court

supervision and may be reduced by the court based on
quantum meru/t. The amount claimed is excessive and
unconscionable. A lawyer has a right to recover from his
client reasonable attorney's fees. A stipulation regarding
the payment of attorney's fees is neither illegal or
immoral and is enforceable as the law between the
parties as long as such stipulation does not contravene
good morals, good customs, public order, public policy
(Reparations Commission v. Visayan Packing Corp., 91
SCRA 531 [1991]). In this case, the agreed fee is
excessive so that court may reduce it.
 2012 LEGAL ETHICS 95
BAR QUESTIONS AND SUGGESTED ANSWERS

Atty. Atras was the counsel for Mr. Abante. Soon

after the case was submitted for decision, Mr.
Abante got the files and informed Atty. Atras that
he was hiring another lawyer. On that same day, a
copy of the decision was received by Atty. Atras
but he did not do anything anymore. He also’
failed to file his withdrawal, and no appearance
was made by the new counsel. When Mr. Abante
found out about the adverse decision, the period
to appeal had lapsed. Was service to Atty. Atras
effective?
a. Yes, Atty. Atras is still considered the
counsel of record until his withdrawal of
appearance has been actually filed and
granted.
b. Service should be done on Mr. Abante
because he had already severed lawyer-
client relationship with Atty. Atras.
c. Service should be done on the new
counsel as soon as he enters his
appearance.
d. Service upon Atty. Atras is not effective
because his services have already been
terminated by the client.
ANS: (a) A client has the absolute right to relieve his
counsel at any time with or without a cause. In contrast,
the counsel, on his own, cannot terminate their attorney-
client relation except for sufcient cause as determined
by the court. These basic principles form the bedrock of
 BAR Q & A
LEGAL ETHICS

Section 26 of Rule 138 of the Rules of Court, which

prescribes the rules for the withdrawal of counsel from a
case.

Pursuant to the said section, when a counsel withdraws

from a case with the written consent of the client, the
former no longer needs to provide reasons to justify his
retirement from a case. The act of withdrawal is
accomplished by merely ling the same with court. (Real
Bank Inc. v. Sansung Mabuhay Corporation, G.R. No.
175862, October 13, 2010, 633 SCRA 124, 135 citing
Arambulo v. Court of Appeals, G.R. No. 105818,
September 17, 1993, 226 SCRA 589, 597-598). Atty.
Atras is still considered the counsel of record until his
withdrawal of appearance has been actually led and
granted.

Atty. Utang borrowed from Y Php300,000.00

secured by a post dated check. When presented,
the check was dishonored. Y filed a BP 22 case in
court, and a disbarment complaint with the IBP. In
the latter case, Atty. Utang moved for dismissal as
the act has nothing to do with his being a lawyer
and that it is premature because the case is
pending and he is entitled to presumption of
innocence. Should the disbarment complaint be
dismissed?
a. No, because lawyers may be disciplined
for all acts, whether professional or
private.
b. Yes, there is no conviction yet.
 2012 LEGAL ETHICS 97
BAR QUESTIONS AND SUGGESTED ANSWERS

c. Yes, BP 22 does not involve moral

turpitude.
d. No, unless he pays the amount of the
check to the satisfaction of Y.

ANS: (a), No, because lavwers may be disciplined for all

acts, whether profession or private.

As a general rule, a court will not assume jurisdiction to

discipline one of its ofcers for misconduct alleged to
have been committed in his private capacity. But, this is a
general rule with many exceptions. The courts sometimes
stress the point that the attorney has shown, through
misconduct outside of his professional dealings, a want of
such professional honesty as to render him unworthy of
public condence, and an unt and unsafe person to
manage the legal business of others. The reason why
such a distinction can be drawn is because it is the court
which admits an attorney to the bar, and the court
requires for such admission the possession of a good
moral character. So it is held that an attorney will be
removed not only for malpractice and dishonesty in his
profession, but also for gross misconduct not connected
with his professional duties, which shows him unt for
the ofce and unworthy of the privilege which his license
and the law confer upon him. (Lizaso vs. Amante, 198
SCRA 1, June 3, 1991).

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
 BAR Q & A
LEGAL ETHICS

Sheriff Onoy, but resulted in recovery of only Php

70,000.00. Mr. Gonzalo was unsatisfied and filed
an administrative complaint. When informed,
Sheriff Onoy berated and threatened Mr. Gonzalo;
and for this, the Sheriff was charged with Grave
Threat. Atty. Pedro Cruz of the same Cruz, Cruz
and Cruz Law Office appeared as defense counsel
pro bono. Mr. Gonzalo seeks his disqualication.
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.
c. No conflict of interest since the court
case was wholly handled by Atty. Juan
Cruz. The law office did not participate in
any way.
d. No conflict of interest. No likelihood that
information in the civil case can be used
in the criminal case.

ANS: (b) There is conflict of interest because both Atty.

Juan Cruz and Atty. Pedro belong to one law ofce.

The prohibition against representation of conicting

interests is based not only because the relation of
attorney and client is one of trust and condence of the
highest degree, but also because of the principles of
 2012 LEGAL ETHICS 99
BAR QUESTIONS AND SUGGESTED ANSWERS

public policy and good taste. (Tiana vs. Ocampo, 200

SCRA 462, August 12, 1991). A lawyer becomes familiar
with the facts connected with his client's case. He learns
from his client the weak points of the action as well as
the strong ones. Such knowledge must be considered and
guarded of his client's secrets. A la\/vyer must have the
fullest condence of his client, for if the condence is
abused, the profession will suffer by the loss thereof.
(Maturan vs. Gonzles, A.C. No. 2597, 92 SCAD 473,
March 12, 1998; Pacana vs. Atty. Maricel Pascual-Lopez,
A.C. No. 8243, July 24, 2009)

The rule prohibiting conict of interest was fashioned to

prevent situations wherein a lawyer would be
representing a client whose interest is directly adverse to
any of his present or former clients. In the same way, a
lawyer may only be allowed to represent a client involving
the same or a substantially related matter that is
materially adverse to the former client only if the former
client consents to it after consultation. (Heirs of Lydio
“Jerry” Falame v. Baguio, A.C. No. 6876, March 7, 2008,
548 SCRA 1, 13). The rule is grounded in the duciary
obligation of loyalty. (Kauffman, K. D., Legal Ethics,
Delmar Learning, 2004, pp. 174-175, 207). Throughout
the course of a lawyer-client relationship, the lawyer
learns all the facts connected with the client's case,
including the weak and strong points of the case.
Knowledge and information gathered in the course of the
relationship must be treated as sacred and guarded with
care. It behooves lawyers not only to keep inviolate the
client's condence, but also to avoid the appearance of
treachery and double-dealing, for only then can litigants
 BAR Q & A
LEGAL ETHICS

be encouraged to entrust their secrets to their lavwers,

which is paramount in the administration of justice. The
nature of that relationship is, therefore, one of trust and
confidence of the highest degree. (Perez v. De la Torre,
A.C. No. 6160, March 30, 2006, 485 SCRA 547, 551)

Atty. Lorna, a legal officer of a government

agency, and Chona, a nurse in the medical
department, were best friends. At one time, Chona
consulted Atty. Lorna about a legal matter,
revealing that she is living with a married man and
that she has a child out of wedlock fathered by
another man. Later, the relation between Atty.
Lorna and Chona soured. When Chona applied for
promotion, Atty. Lorna filed immorality charges
against Chona utilizing solely the disclosure by the
latter of her private life. Chona objected and
invoked confidentiality of information from
attorney-client relationship. Decide.
a. There is no attorney-client relationship
because, being in the government, Atty.
Lorna is disallowed from practicing her
profession.
b. No lavvyer-client relationship privilege
because the information was given as a
friend, and not as a lawyer.
c. Personal secrets revealed to Atty. Lorna
for the purpose of seeking legal advice is
covered by attorney-client privilege.
 2012 LEGAL ETHICS 101
BAR QUESTIONS AND Suesesrep ANSWERS

d. There is no attorney-client relationship

because no attorney's fee was paid to
Atty. Lorna.

ANS: (c) Personal secrets revealed to Atty. Lorna for the

purpose of seeking legal advice is covered by attorney-
client privilege. A lawyer shall not reveal the condences
and secrets of his client (Rule 21.01, Canon 22, Code of
Professional Responsibility).

Atty. Nelson recently passed the Bar and wanted

to specialize in marine labor law. He gave out
calling cards with his name, address and
telephone number in front, and the following
words at the back: “We provide legal assistance to
overseas seamen who are repatriated due to
accident, illness, injury, or death. We also offer
FINANCIAL ASSISTANCE." Does this constitute
ethical misconduct?
a. No, clients have freedom in the selection
of their counsel.
b. No, use of a professional card is a lawful
way of announcing his services as a
professional.
c. Yes, because the offer of financial
assistance is an undignified way of
luring clients.
d. Yes, because the offer of assistance is
stated at the back.
 BAR Q & A
LEGAL ETHICS

ANS: (c) Yes, because the offer of nancial assistance is

an undignied way of luring clients. The act violates the
rule that a lawyer shall not do or permit to be done any
act designed primarily to solicit legal business (Canon 2,
Rule 2.03, Code of Professional Responsibility).

It but a profession (In re." Tagorda, 53

is not a business
Phil. 37). Counsel of repute and of eminence welcome
opportunities to be appointed counsel de of/‘c/0 for this
manifest the principle that the practice of law is dedicated
to the ideal of service and not a mere trade. (Ledesma
vs. Climaco, 57 SCRA 473; PCGG vs. SB, et al., G.R. Nos.
151809-12, April 12, 2005).

Which of these does not constitute competent

evidence of identity?
a. Passport;
b. SSS card;
c. Community Tax Certificate;
d. Senior Citizen Card.

ANS: (c) Community Tax Certicate. Voter's ID, NBI

Clearance or Driver's License (Notarial Act, Sec. 12) are
sufcient to satisfy the requirement of competence
evidence of identity.

Under the law, “competent evidence of identity” is the

identication of an individual based on at least one
current identication document issued by an ofciai
agency bearing the photograph and signature of the
individual. It may also refer to the oath or afrmation of
 2012 LEGAL ETHICS 103
BAR QUESTIONS AND SUGGESTED ANSWERS

one credible witness not privy to the instrument,

document or transaction, who is personally known to the
notary public, and who personally knows the individual,
or of two credible witnesses neither of whom is privy to
the instrument, document or transaction who each
personally knows the individual and shows to the notary
public documentary identication. (Sec. 12, Rules of
Notarial Practice; Angeles, et al. v. Atty. Amado Ibaez,
A.C. No. 7860, January 15, 2009)

A recovery of ownership complaint was filed by

the Dedo and Dedo Law Firm, through Atty. Jose
Dedo as counsel. During all the phases of trial, it
was Atty. Jose Dedo who appeared. Unfortunately,
Atty. Jose Dedo died before completion of trial.
Notices and orders sent to the 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?
a. No, the law firm- through another
lawyer - should continue to appear for
the client.
b. Yes, because the death of the handling
lawyer terminates the attorney-client
relationship.
c. Yes, because attorney's fees was not
paid to the law firm.
d. No, it will be unjust for the client to pay
another lawyer.
 BAR Q & A
LEGAL ETHICS

ANS: (a) No, the law rm through another lawyer

— —

should continue to appear for the client.

The Law Firm should have re-assigned the case to

another lawyer for the purpose of preparing the brief or it
could have withdrawn as counsel in the manner provided
by the rules so that the client can contract the sen/ices of
a new lawyer. The negligence of the law rm in this
matter binds the client. Besides, the client himself was
negligent when he failed to make inquiries with respect to
the status of his case, he being a close friend of the
lawyer who handled it. The fact should have made him
more vigilant with respect to the case at bar, as he failed
to do so, its plea that it was not accorded the right to
procedural due process cannot elicit either approval or
sympathy. (B.R. Sebastian Enterprises vs. Court of
Appeals, 206 SCRA 28).

Which of these is not a ground for disbarment?

a. Conviction of a crime involving moral
turpitude.
b. Belligerent disobedience to a lawful
order of a trial court.
c. Malpractice or other gross misconduct in
office.
d. Grossly immoral conduct.

ANS: (b) Belligerent disobedience to a lawful order of a

trial court.
 2012 LEGAL ETHICS 105
BAR Quesnons AND SUGGESTED ANSWERS

An attorney may be disbarred or suspended for any

violation of his oath or of his duties as an attorney and
counsellor which include the statutory grounds
enumerated in Section 27, Rule 138 of the Rules of Court.
These statutory grounds are so broad as to cover
practically any misconduct of a lawyer in his professional
or private capacity. The enumeration of the statutory
grounds for disciplinary action is not exclusive, and a
lawyer may be disciplined on grounds other than those
specically provided in the law. Generally, a lawyer may
be disbarred or suspended for any misconduct whether in
his professional or private capacity, which shows him to
be wanting in moral character, in honesty, probity and
good demeanor or unworthy to continue as an ofcer of
the court, or an unt or unsafe person to enjoy the
privileges and to manage the business of others in the
capacity of an attorney, or for conduct which tended to
bring reproach on the legal profession or to injure it in
the favourable opinion of the public. Any interested
person or the court motu propr/'0 may initiate disciplinary
proceedings. (Marcelo vs. Javier, Sr., 214 SCRA 1,
September 18, 1992).

Administrative complaints against Judges and

Justices below the Supreme Court are handled by:
a. Clerk of Court of the Supreme Court
b. Ombudsman
c. Presiding Justice of the Court of Appeals
d. Office of the Court Administrator
 BAR Q & A
LEGAL ETHICS

ANS: (d) Ofce of the Court Administrator

Atty. Aimee was convicted by final judgment of

Estafa Thru Falsification of a Commercial
Document, a crime involving moral turpitude.
What is the appropriate penalty?
a. Disbarment
b. Indefinite suspension
c. Suspension for three (3) years
d. Admonition

ANS: (a) Disbarment

Disbarment must be imposed upon a showing of clear

evidence that a lavwer was remiss in the performance of
his duties as a iavvyer.

In disbarment proceedings, the burden of proof rests

upon the complainant, and for the court to exercise its
disciplinary powers, the case against the respondent must
be established by clear, convincing and satisfactory proof.
Considering the serious consequence of the disbarment
or suspension of a member of the Bar, this Court has
consistently held that clear preponderant evidence is
necessary to justify imposition of the administrative
penalty. (Santos vs. Dichoso, 84 SCRA 622; Martin vs.
Felix, Jr., 163 SCRA 111).

Suspicion, no matter how strong, is not enough to

warrant the disbarment of a lawyer.
 2012 LEGAL ETHICS 107
Sueessnzo ANSWERS
BAR QUESTIONS AND

Indeed, the power to disbar must be exercised with great

caution, and may be imposed only in a clear case of
misconduct that seriously affects the standing and the
character of the lawyer as an officer of the Court and as
a member of the Bar. (T’Boli Agro-Industrial Dev. Inc. vs.
Solilapsi, A.C. No. 4766, December 27, 2002). Disbarment
should never be decreed where any lesser penalty could
accomplish the end desired. Without doubt, a violation of
the high moral standards of the legal profession justies
the imposition of the appropriate penalty, including
suspension and disbarment. (Alitagtag vs. Atty. Virgilio
Garcia, A.C. No. 4738, June 10, 2003). However, the said
penalties are imposed with great caution because they
are the most severe forms of disciplinary action and their
consequences are beyond repair. (De Ere vs. Rubi, 320
SCRA 617).

During the IBP Chapter elections, the candidates

for President were Atty. EJ, a labor arbiter of the
NLRC, Fiscal RJ of the DOJ and Atty. Gani of the
PAO. After canvass, Fiscal RJ garnered the highest
number of votes, followed by Arbiter EJ and by
Atty. Gani. The winning Vice-President moved for
the annulment of the election for President
because all the candidates for President are
government officials and are disqualified. Decide.
a. The election for presidency is invalid,
and the elected Vice-President shall
assume the Presidency by succession.
b. The election is a failure, and new
elections should be held.
 BAR Q & A
LEGAL ETHICS

c. Fiscal RJ and Arbiter EJ are disqualified.

Atty. Gani should be declared winner.
d. All the candidates who are government
officials are deemed resigned upon their
acceptance of nomination; and so, Fiscal
RJ is winner.

ANS: (a) The election for presidency is invalid, and the

elected Vice-President shall assume the Presidency by
succession.

The Integrated Bar shall be strictly non-political, and

every activity tending to impair this basic feature is
strictly prohibited and shall be penalized accordingly. No
lawyer holding an elective, judicial, quasi-judicial, or
prosecutor ofce in the Government or any political
subdivision or instrumentality thereof shall be eligible for
election or appointment to any position in the Integrated
Bar or any Chapter thereof. A Delegate, Governor, ofcer
or employee of the Integrated Bar, or an ofcer or
employee of any Chapter thereof shall be considered /pso
facto resigned from his position as of the moment he les
his certicate of candidacy for any elective public ofce or
accepts appointment to any judicial, quasi-judicial, or
prosecutory ofcer in the Government or any political
subdivision or instrumentality thereof.

Atty. Edad is an 85-year old lawyer. He does not

practice law anymore. However, his IBP Chapter
continues to send him notices to pay his IBP dues
of more than ten (10) years with warning that
failure to comply will result in the removal of his
 2012 LEGAL ETHICS 109
BAR QUESTIONS AND SUGGESTED ANSWERS

name. Piqued by this, Atty. Edad filed with the IBP

Secretary a sworn letter notifying that he is
voluntarily terminating his membership with the
IBP. Should he be allowed?
a. No, because membership in IBP is
compulsory for all lawyers.
b. Yes, an erstwhile IBP member may
terminate his membership for good
reasons.
c. No, that is only a ploy to evade payment
of IBP dues.
d. Yes, it will violate his right not to join an
association.

ANS: (b) Yes, an erstwhile IBP member may terminate

his membership for good reasons. One good reason is old
age and the fact that a lawyer is no longer in active
practice.

A member may terminate his membership by ling a

written notice to that effect with the Secretary of the
Integrated Bar, who shall immediately bring the matter to
the attention of the Supreme Court. Forthwith he shall
cease to be a member and his name shall be stricken by
the Court from the Roll of Attorneys. Reinstatement may
be made by the Court in accordance with rules and
regulations prescribed by the Board of Governors and
approved by the Court (Sec. 11, Rule 139-A, Rules of
Court).
110 BARQ &A
LEGAL ETHICS

29. Who elects the members of the Board of

Governors of the IBP?
a. The Presidents of all IBP Chapters;
b. The members at large of the IBP;
c. The House of Delegates;
d. The Past Presidents of all IBP chapters.

ANS: (c) The House of Delegates.

30. Who elects the President and Vice-President of the

IBP?
a. The President of all IBP Chapters;
b. The IBP members voting at large;
c. The Board of Governors;
d. The outgoing IBP officers.

ANS: (c) The Board of Governors.

31. A judge or judicial officer is disqualified to hear a

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

ANS: (a) up to the 6*“ degree

 2012 LEGAL ETHICS 111
BAR QUESTIONS AND SUGGESTED ANSWERS

The rule on compulsory disqualication of a judge to hear

a case where, as in the instant case, the respondent
judge is related to either party within the sixth degree of
consanguinity or afnity rests on the salutary principle
that no judge should preside in a case in which he is not
wholly free, disinterested, impartial and independent. A
judge has both the duty of rendering a just decision and
the duty of doing it in a manner completely free from
suspicion as to his fairness and integrity. The law
conclusively presumes that a judge cannot objectively or
impartially sit in such a case and, for that reason,
prohibits him and strikes at his authority to hear and
decide it, in the absence of written consent of all parties
concerned. The purpose is to preserve the people's faith
and condence in the courts of justice. (Garcia v. Dela
Pea, A.M. No. MTJ-92-687, February 9, 1994, 229 SCRA
766).

A judge or judicial officer should inhibit himself

from hearing a case before him where the counsel
for either party is a relative by consanguinity or
affinity —
a. up to the 3rd degree;
b. up to the 4th degree;
c. up to the 5th degree;
d. up to the 6th degree.

ANS: (b) up to the 4”“ degree

The rule on compulsory disqualication of a judge to hear

a case where, as in the instant case, the respondent
 BAR Q & A
LEGAL ETHICS

judge is related to either party within the sixth degree of

consanguinity or affinity rests on the salutary principle
that no judge should preside in a case in which he is not
wholly free, disinterested, impartial and independent. A
judge has both the duty of rendering a just decision and
the duty of doing it in a manner completely free from
suspicion as to his fairness and integrity. The law
conclusively presumes that a judge cannot objectively or
impartially sit in such a case and, for that reason,
prohibits him and strikes at his authority to hear and
decide it, in the absence of written consent of all parties
concerned. The purpose is to preserve the people's faith
and condence in the courts of justice. (Garcia v. Dela
Pena, A.M. No. MTJ-92-687, February 9, 1994, 229 SCRA
766).

Victor has been legally separated from his wife,

Belen for fifteen (15) years. He has found true love
and happiness with Amor and they lived together
as husband and wife. Amor convinced Victor to
study law and gave him financial support. Recent-
ly, Victor passed the 2011 Bar Examinations. Upon
knowing this, Belen filed a complaint against
Victor for immorality. Should Victor be allowed to
take oath as an attorney?
a. Yes, his relationship with Amor is
imbued with genuine love and cannot be
considered immoral and indecent.
b. Yes, legal separation does not allow the
spouses to remarry.
 2012 LEGAL ETHICS 113
BAR QUESTIONS AND SUGGESTED ANSWERS

c. No, because legal separation does not

dissolve the marriage and, therefore,
Victor's relationship with Amor is still
considered illicit.
d. Yes, it
is totally unfair for Belen to
complain since they have lived separate
lives.

ANS: (c) No, because legal separation does not dissolve

the marriage and, therefore, Victor's relationship with
Amor is still considered illicit. A la\/vyer shall not engage in
unlawful, dishonest, immoral and deceitful conduct (Rule
1.01, Canon 1, Code of Professional Responsibility). By
abandoning his wife and cohabiting with another woman,
he cannot only take his oath and can even be disbarred
(Obasan v. Obasan, Jr., 128 SCRA 485).

Judge Nacy personally witnessed a vehicular

accident near his house. Later, the Reckless
Imprudence case was raffled to his sala. Is there a
valid ground for his inhibition?
a. No. he is not acquainted nor related with
any of the parties or lawyer.
b. No, his personal knowledge of what
actually happened will even ensure that
he will decide the case justly on the
basis of the true facts.
c. Yes, because a judge should decide a
case on the basis of the evidence
 BAR Q & A
LEGAL ETHICS

presented before him and not on

extraneous matters.
No, because there is no ground for
disqualification and no motion for
inhibition.

ANS: (c) Yes, because of judge should decide a case on

the basis of the evidence presented before him and not
on extraneous matters. Judges shall disqualify themselves
from participating in any proceedings where they have
actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the
proceedings (Sec. 5, Canon 3, Code of Professional
Responsibility).

Judge Ramon obtained a two (2) year car loan

from a financing company. He never paid a single
amortization. After the lapse of two (2) years, the
financing company filed an administrative
complaint against the judge for willful failure to
pay a just debt. Is the judge administratively
liable.
1»

a. No, since the loan is not connected with

his judicial function.
Yes, because a judge should avoid
impropriety or the appearance of
impropriety even in his private dealings.
C. No, the financing company should have
availed of the remedy of foreclosure.
 2012 LEGAL ETHICS 115
BAR QUESTIONS AND Sueesstep ANSWERS

d. No, because the administrative charge is

only meant to force the judge to pay.

ANS: (b) Yes, because a judge should avoid impropriety

or the appearance of impropriety even in his private
dealings.

The Supreme Court said that a judge must be free from

impropriety, whether in his ofcial or private conduct. He
violated the established norms of judicial behaviour and
the best interest of the judiciary demands that he be
dismissed from service. (Heirs of the Late Rev. Father
Jose O. Aspiras vs. Judge Clifton U. Ganay, A.M. No. RTJ-
07-2055, December 17, 2009).

Bong, son of Judge Rey, is a fourth-year law

student. He helped his friend prepare an affidavit-
complaint for Violation of Batas Pambansa Big. 22.
After drafting, they showed it to Judge Rey who
made some corrections. Later, the BP 22 case was
raffled to Judge Rey who tried and convicted the
accused. Was there impropriety?
a. Yes, since Judge Rey was not a fair and
impartial judge.
b. No, the evidence for the prosecution was
strong and sufficient to prove guilt
beyond reasonable doubt.
c. No, because any other judge would also
have convicted the accused.
d. No, those matters were not known to the
accused.
 BAR Q & A
LEGAL ETHICS

ANS: (a) Yes, since Judge Rey was not a fair and
impartial judge. Impartiality is essential to the proper
discharge of the judicial ofce. Thus, Judges shall
perform their duties without favor, bias or prejudice (Sec.
1, Canon 3, Code of Judicial Conduct and Judicial Ethics).

Impartiality is the capacity of a judge to apply the law

and render justice fairly, without favor, bias or prejudice.

A judge has both the duty of rendering a just decision

and the duty of doing it in a manner completely free from
suspicion as to his fairness and integrity. The appearance
of bias or prejudice can be as damaging to public
condence and the administration of justice as actual bias
or prejudice. (Montemayor v. Bermejo, Jr., A.M. No. MTJ-
O4-1538, March 12, 2004, 425 SCRA 413).

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 were handled by the other partners.
Later, A, a newly proclaimed congressman-friend,
faced an election protest before the HRET, and
sought the help of Congressman Fred who
immediately directed his law firm to appear for A.
8, the protestant, sought the disqualification of
Congressman Fred's law firm from appearing
before the HRET because Congressman Fred is
prohibited from practicing his profession. Decide.
a. Yes, Congressman Fred's law firm is
disqualified because Congressman Fred
 2012 LEGAL ETHICS 117
BAR QUESTIONS AND Suooesreo ANSWERS

may exercise undue influence on his

peers who are members of HRET.
b. No, the law firm is not disqualified
because it is another partner, and not
Congressman Fred who is appearing.
c. No, the prohibition is on Congressman
Fred from personally appearing, and not
to his partners.
d. Yes, the spirit of the prohibition is clearly
to avoid influence and cannot be
indirectly circumvented.

ANS: (c) No, the prohibition is on Congressman Fred from

personally appearing, and not to his partners. Under the
Constitution, no Senator or Member of the House of
Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunal, or
quasi-judicial or other administrative bodies (Sec. 14, Art.
VI, 1987 Constitution). The prohibition is absolute to
prevent them from exerting undue inuence.

Vice-Mayor Ron is a well-loved law practitioner

because he assists his constituents, especially the
indigents. Ed, one of his friends who is employed
as Cashier in the Register of Deeds, sought his
assistance because he was charged with
Malversation in court. Can Vice-Mayor Ron appear
as counsel of Ed?
a. Yes, members of the Sanggunian are
allowed to practice their profession.
 BAR Q & A
LEGAL ETHICS

b. No, because Ed is charged with an

offense in relation to his office.
c. Yes, since the position of Ed does not
pertain to the local government.
d. No, because all criminal cases are
against the government.

ANS: (b) No, because Ed is charged with an offense in

relation to his ofce. Sanggunian members may practice
their profession provided that, if they are lawyers, they
shall not appear as counsel in any criminal case wherein
an ofcer or employee of the National or local
government is accused of an offense committee in
relation to his ofce (RA 7160). This rule is to avoid the
possibility of exerting undue inuence upon members of
the judiciary.

Atty. Noe was elected Vice-Governor and

continued with his law practice. Later, the
governor went on sick leave for one (1) year and
Atty. Noe was designated as Acting Governor.
Since hearings have already been set, can Atty.
Noe continue appearing as counsel in the cases
handled by him?
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 been set.
 2012 LEGAL ETHICS 119
BAR QUESTIONS AND SUGGESTED ANSWERS

c Yes, provided Atty. Noe seeks the

permission of DILG.
d. No, all governors — even under acting
capacity- are prohibited from exercising
their profession.
ANS: (d) No, all governors — even under acting capacity —
are prohibited from exercising their profession (RA 7160,
Sec. 9; Javellana v. Dept. of Interior, 212 SCRA 475).

Section 90 of the Local Government Code of 1991 and

DLG Memorandum Circular No. 90-81 violate Article VIII,
Section 5 of the Constitution is completely off tangent.
Neither the statute nor the circular trenches upon the
Supreme Court's power and authority to prescribe rules
on the practice of law. The Local Government Code and
DLG Memorandum Circular No. 90-81 simply prescribe
rules of conduct for public ofcials to avoid conicts of
interest between the discharge of their public duties and
the private practice of their profession, in those instances
where the law allows it.

Section 90 of the Local Government Code does not

discriminate against lawyers and doctors. It applies to all
provincial and municipal ofcials in the professions or
engaged in any occupation. Section 90 explicitly provides
that sanggunian members “may practice their profess-
sions, engage in any occupation, or teach in schools
expect during session hours.” If there are some
prohibitions that apply particularly to lawyers, it is
because of all the professions, the practice of law is more
 BAR Q & A
LEGAL ETHICS

likely than others to relate to, or affect, the area of public

sen/ice.

Atty. Dude is the COMELEC Officer in a very distant

municipality. He is. the only lawyer in that area.
When election period is over, he has much spare
time. Many people go to him for counseling, legal
advice, preparation of documents of Sale,
Mortgage and the like. He does not charge a fee in
money, but he receives gifts which are offered. Is
there impropriety?
a. Yes, giving legal advice and preparing
legal documents, even if free,
constitutes private practice of law,
which is prohibited of government
employees.
b. No, it is only giving of advices, and not
court appearance.
c. Yes, because Atty. Dude accepts gifts.
d. No, since Atty. Dude does not accept
money.

ANS: (a) Yes, giving legal advice and preparing legal

documents, even if free, constitutes private practice of
law, which is prohibited of government employees.

A notary public is required to record

chronologically the notarial acts that he performs
in the:
a. Nota rial Book;
 2012 LEGAL ETHICS 121
BAR QUESTIONS AND SUGGESTED ANSWERS

b. Roll of Documents Notarized;

c. Notarial Register;
d. Notarial Loose Leafs Sheets.

ANS: (c) Notarial Register which refers to a permanently

bound book with numbered pages containing a
chronological record of notarial acts performed by a
notary public (Sec. 5, Rule II, A.M. No. 02-8-13-SC, 2004
Rules on Notarial Practice).

A party to a contract does not know how to write.

Neither can he affix his thumbmark because both
hands were amputated. How will that person
execute the contract?
a. Ask the party to affix a mark using the
toe of his foot in the presence of the
notary public and two (2) disinterested
and unaffected witnesses to the
instrument.
b. Ask the party to hold the pen with his
teeth and affix a + mark to be followed
by the signature of one friend.
c. The party may ask the notary public to
sign in his behalf.
d. None of the above.

ANS: (c) The party may ask the notary public to sign in
his behalf. Under the Rules, a notary public is empowered
to perform the following acts like signing on behalf of a
person who is physically unable to sign or make a
 BAR Q & A
LEGAL ETHICS

thumbmark to the instrument or document (Sec. 2[c],

Rule IV, A.M. No. 2-8-13-SC, 2004 Rules of Notarial
Practice).

The reports of a Notary Public are submitted to

the:
a. Executive Judge;
b. Court Administrator;
c. Notarial Archives;
d. Clerk of Court.

ANS: (d) Clerk of Court. A certied copy of each month's

entries and a duplicate original of any instrument
acknowledged before the notary public shall, within ten
(10) days of the month following, be fon/varded to the
Clerk of Court and shall be under the responsibility of
such ofcer (Sec. 2[h], Rule VI, A.M. No. 2-8-13-SC, 2004
Rules on Notarial Practice).

Atty. Tony is a 25-year old Filipino lawyer. He has

been a resident in Paraaque City for about ten
(10) years and holds office in his residence. He
filed a petition for appointment as Notary Public in
Paraaque and has clearance from the IBP and the
Bar Confidant. However, it appears that while still
a college student, he was convicted by a Laguna
Court for Reckless Imprudence Resulting in
Damage to Property. During the summary hearing
of his petition, the offended party therein strongly
objected on that ground. Can Atty. Tony be
appointed?
 2012 LEGAL ETHICS 123
BAR QUESTIONS AND SUGGESTED ANSWERS

a. No, because he has a previous criminal

record.
b. No, because of the opposition.
c. Yes, the offense of Reckless Imprudence
does not involve moral turpitude.
d. Yes, since the Reckless Imprudence case
did not happen in the jurisdiction where
Atty. Tony is applying.

ANS: (c) Yes, the offense of Reckless Imprudence does

not involve moral turpitude (Sec. 27, Rule 138 as
amended by SC Res0lution’s dated May 30, 1968 and
February 13, 1992).

What is the effect when the parties to a document

acknowledged before a notary public did not
present competent evidence of identity?
a. Voidable;
b. Valid;
c. Invalid Notarization;
d. Unenforceable.

ANS: (c) Invalid Notarization. Invalid notarization

however does not make the contract void. It is valid as a
private instrument except if the law requires that a
contract to be valid must be in a public instrument like a
donation of immovable property (Art. 749, NCC).

The petition for appointment as a notary public

should be filed with:
 BAR Q & A
LEGAL ETHICS

a. The Office of the Court Administrator;

b. The Clerk of Court;
c. The MeTC Executive Judge;
d. The RTC Executive Judge.

ANS: (d) The RTC Executive Judge

A notarial commission may be issued by an Executive

Judge to any qualied person who submits a petition in
accordance with these Rules.

To be eligible for commissioning as notary public, the

petitioner:
1. must be a citizen of the Philippines;
2. must be over tvventy-one (21) years of age;
3. must be a resident in the Philippines for at least
one (1) year and maintains a regular place of
work or business in the city or province where
the commission is to be issued;
4. must be a member of the Philippine Bar in good
standing with clearances from the Ofce of the
Bar Condant of the Supreme Court and the
Integrated Bar of the Philippines; and
5. must not have been convicted in the rst
instance of any crime involving moral turpitude
(Rule III, Sec. 1, 2004 Rules on Notarial
Practice).
 2012 LEGAL ETHICS 125
BAR QUESTIONS AND SUGGESTED ANSWERS

What is a retaining lien?

a. The lawyer who handled the case during
the trial stage should continue to be
retained up to the appeal.
b. The right of the lawyer to be retained as
counsel for a party until the entire case
is finished.
c. 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.
d. The prerogative of a client's retainer to
recover out-of-pocket expenses.

ANS: (c) 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 sen/ices have been paid.

The requirements of a charging lien are:

(1) it should be led while the court still has the
records of the case and before full satisfaction of
the judgment; and
(2) copies of the statement must be sen/ed on the
client who has the right to dispute it, or on the
adverse party in order to bind him. It shall take
effect from the time the lawyer caused a notice
of his lien to be entered in the records of the
case.
126 BAR Q & A
LEGAL ETHICS

48. For grave misconduct, a lawyer was suspended

from the practice of law indefinitely. Is he still
obliged to pay his IBP dues during his suspension?
a. Yes, as he continues to be a lawyer and a
member of the IBP.
b. No, because indefinite suspension is
practically disbarment.
c. No need to pay IBP dues because he
cannot practice anyway.
d. Pay only after the lifting of the
suspension, if it comes.

ANS: (a) Yes, as he continues to be a lawyer and a

member of the IBP.

It of every lawyer to
is the bounden duty and obligation
see to it that he pays his IBP membership dues on time,
especially when he practices before the courts, as
required by the Supreme Court. (Bongallonta vs. Castillo,
558 SCAD 233, 240 SCRA 310, January 20, 1995). This is
so because the practice of law is a mere privilege which is
subject to regulation by the Supreme Court. In fact, a
la\/vyer who fails and refuses to pay his dues to the
Integrated Bar of the Philippines may suffer the
consequence of his name being dropped from the Roll of
Attorneys.

49. Because of his political beliefs, Atty. Guerra joined

a rebel group. Later, he was apprehended and
charged with Rebellion in court. A disbarment case
was also filed against him. While the case was
 2012 LEGAL ETHICS 127
BAR QUESTIONS AND SUGGESTED ANSWERS

pending, the government approved a general

amnesty program and Atty. Guerra applied for and
was granted amnesty. Should the disbarment case
be also dismissed automatically?
a. Yes, because amnesty obliterates the
criminal act.
b. No, disciplinary action on lawyers are sui
generis and general penal principles do
not strictly apply.
c. No, a lawyer has the duty to maintain
allegiance to the Republic of the Philip-
pines and to support the Constitution
and obey the laws of the Philippines.
d. Yes, if the Secretary of Justice approves
the dismissal.

ANS: (a) Yes, because amnesty obliterates the criminal

act. It if no crime was committed. The purpose of
is as
disbarment is to protect the courts and the public from
the misconduct of the ofcers of the court and to ensure
the proper administration of justice by requiring that
those who exercise this important function shall be
competent, honorable and trustworthy men whom the
courts and clients may repose condence (Pea v.
Paterno, A.C. No. 4191, June 10, 2013).

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
 BAR Q & A
LEGAL ETHICS

insurance fraud. He returned to the Philippines

and started to practice law. X, who knew about his
New York disbarment, filed a disbarment
complaint with the IBP. Decide.
a. The factual basis for the New York
disbarment which is deceit also
constitutes a ground for disbarment in
the Philippines.
b. The acts complained of happened in a
foreign country and cannot be penalized
here.
c. Norms of ethical behavior of lawyers are
the same worldwide.
d. A lawyer's fitness to become a lawyer
must be maintained wherever he may
be.

ANS: (a) The factual basis for the New York disbarment
which is deceit also constitutes a ground for disbarment
in the Philippines.

Disbarment or suspension of a member of the Philippine

Bar in a foreign jurisdiction, where he has also been
admitted as an attorney, is also a ground for his
disbarment or suspension in this realm, provided the
foreign court's action is by reason of an act or omission
constituting deceit, malpractice or other gross
misconduct, grossly im'moral conduct or a violation of the
la\/vyer’s oath, with the foreign judgment, resolution or
order of the foreign court or disciplinary agency being
 2012 LEGAL ETHICS 129
BAR QUESTIONS AND SUGGESTED ANSWERS

pr/ma fac/e evidence of the ground for disbarment or

suspension. (In re: Suspension from the Practice of Law
in the Territory of Guam of Atty. Leon G. Maquera, 435
SCRA [Z004]; Velez v. De Vera, 496 SCRA 345, A.C. No.
6697, 25 July 2006).

Set B

Mr. Henry Chao is charged before the Metropolitan

Trial Court (MeTC) Manila with five (5) counts of
Violation of Batas Pambansa Blg. 22 (B.P. 22). Consider
the factual scenario from the testimonies of
complainant Mr. Ben Que and accused Mr. Henry Chao.
Assume to be the Defense Counsel and prepare a
MEMORANDUM FOR THE ACCUSED for your client, Mr.
Henry Chao.

Testimony of Mr. Ben Que

(After the cases were called forjoint trial)
P. Prosecutor: Good Morning, Your Honor.
Appearing for the prosecution.
Ready.
D. Counsel: Good Morning, Your Honor.
Appearing as counsel for the
accused. Ready.
P. Prosecutor: We are calling to the witness stand,
the complainant, Mr. Ben Que, who
will prove the commission of the
offense.
130 BAR Q & A
LEGAL ETHICS

Court Staff: Mr. Ben Que, do you swear to tell

the truth, the whole truth and
nothing but the truth in this
proceeding?
Witness: Yes, sir.
Court Staff: State your name, age, status and
other personal circumstances.
Witness: I am Ben Que, 60 years old, married,
and a resident of 123 Tridalo Street,
Mandaluyong City
P. Prosecutor: Mr. Que, do you know Mr. Henry
Chao who is the accused in this case
and, if so, under what circum-
stances?
Witness: Yes, sir. He is the Manager of Atlas
Parts. Last June 01, 2011, accused
borrowed from me the amount
of P 50,000.00, with 5% monthly
interest, payable in five (5) equal
monthly installments of P12,500.00.
He said that the money will be used
to pay for their stocks.
P. Prosecutor: Did you execute a document to
evidence your transaction?
Witness: As per our agreement, he issued and
delivered to me five ( 5) checks.
D. Counsel: Your Honor, please. For the record, I
take exception to the statement of
the witness that he received checks
from the accused. If we closely
examine these instruments, it will
show that they are NOW slips, that
 2012 LEGAL ETHICS 131
BAR QUESTIONS AND SUGGESTED ANSWERS

is, Negotiable Order of Withdrawal

slips. These are not bills of exchange
within the meaning of the
Negotiable Instruments Law, and
therefore, cannot be considered as
checks.
P. Prosecutor: Your Honor, they are still bank
instruments. Complainant Mr. Que
specifically required the issuance of
checks to facilitate and ensure the
payment of the obligation, and the
accused issued and delivered them
for that purpose. Violation of the
Bouncing Checks Law is malum
prohibitum. The law was enacted to
maintain faith in bank instruments
for utilization in commercial
transactions. We have to apply the
spirit of the law.
COURT: Observation noted.
P. Prosecutor: When and where did the accused
execute and hand over to you these
five (5) instruments?
Witness: On June 01, 2011, at my house in
Mandaluyong City, after I gave him
in cash the P 50,000.00 that he
loaned.
P. Prosecutor: And where are these instruments
now?
Witness: Here sir. (Witness handling them to
the prosecutor.)
132 BAR Q & A
LEGAL ETHICS

P. Prosecutor: May I manifest for the record the

observation that the instruments are
of the same size and material as the
normal checks and have these
check-like features:

NOW Account No. 123456 No. 0001

Atlas Parts Date: July 1, 2011

PAY TO: Mr. Ben Que P 12,500.00
PESOS: Twelve Thousand Five Hundred
Pesos

Sgd. Henry Chao

Alloy Bank
Pasong Tamo Branch
Makati

P. Prosecutor: Do you know whose signature is

that appearing on the lower right
side of this instrument and all the
four (4) others, as well?
Witness: Those are the signatures of the
accused Henry Chao. I personally
saw him sign them and thereafter,
handed the five (5) instruments to
me.
P. Prosecutor: May I
request that No. 0001 dated
July 1, 2011 in the amount
of P 12,500.00 be marked as Exhibit
A for the prosecution; No. 0002
dated August 1, 2011 also in the
 2012 LEGAL ETHICS 133
BAR QUESTIONS AND SUGGESTED ANSWERS

same amount as Exhibit B; No. 0003

dated September 2, 2011 as Exhibit
C; No. 0004 dated October 1, 2011
as Exhibit D; and No. 0005 dated
November 1, 2011 as Exhibit E.
COURT: Mark them as requested.
P. Prosecutor: What did you do with these
instruments which represented the
installment payments of accused for
his loan obligation?
Witness: On their respective due dates, I
deposited each of them to my
Savings Account at BOD Bank,
Manila City Hall Branch in Manila,
but all of them were dishonored by
the drawee, Alloy Bank, for the
reason “Account Closed."
P. Prosecutor: What proof do you have that these
instruments were dishonored?
Witness: I received several debit advices from
BOD Bank together with the
returned slips with a stamp at the
back stating as follows:

DISHONORED/RETURNED
Reason: Account Closed

Ofcer: Mr. M

P. Prosecutor: May I
request that the stamps of
dishonor and the reason “Account
134 BAR Q 8. A
LEGAL ETHICS

C|osed" appearing at the back of

each instrument be correspondingly
marked as Exhibits A-1 to E-1,
respectively.
COURT: Mark them accordingly.
D. Counsel: I move to strike out this particular
testimony for being hearsay. This
witness is not competent to testify
on these matters pertaining to bank
records.
COURT: Does the defense deny that all five
(5) instruments were dishonored
and returned to the witness?
D. Counsel: No, Your Honor. But these matters
should be testified on by the bank
personnel.
COURT: Motion to strike is denied.
P. Prosecutor: What action did you take?
Witness: After each dishonor, I personally
went to Mr. Chao and demanded
that he make good his commitment,
but he merely ignored my demands.
P. Prosecutor: What did you do then after all the
five (5) instruments were
dishonored and your demands
ignored?
Witness: I consulted a lawyer and he advised
me to send a formal demand letter
to the accused, which I did. On
January 2, 2012, I sent the letter by
registered mail to Mr. Henry Chao to
his office address at 007 Malugay
 2012 LEGAL ETHICS 135
BAR QUESTIONS AND SUGGESTED ANSWERS

Street, Malabon City giving him five

(5) days to make good his promise.
Here is the registry receipt.
P. Prosecutor: I request that the demand letter be
marked as Exhibit F and that the
Registry Receipt No. 321 dated
January 2, 2012 posted at
Mandaluyong City Post Office be
marked as Exhibit G for the
prosecution.
COURT: Mark it then.
P. Prosecutor: Do you know if accused actually
received your letter sent by
registered mail?
Witness: I assumed that he had received it
because the registered letter was
not returned to me.
D. Counsel: I take exception to that statement.
Your Honor, because jurisprudence
require actual receipt by the drawer
of the demand before any criminal
liability can attach.
P. Prosecutor: May I clarify, Your Honor, that the
five (5) days from notice of dishonor
given to the drawer of a check to
make arrangement for payment by
the drawee of the amount of the
dishonored checks is to forestall the
existence of a prima facie evidence
of knowledge of the insufficiency of
funds. But here, the reason of the
dishonor is “Account CIosed," and
136 BAR Q & A
LEGAL ETHICS

not just insufficiency of funds. In

short, there is actual proof of lack of
credit with drawee bank. The
account is already closed and
accused cannot even make a deposit
anymore.
COURT: The manifestation is noted.
P. Prosecutor: Has the accused paid the amounts
covered by the dishonored
instruments?
Witness: No, sir. He has arrogantly refused to
make any payment.
P. Prosecutor: No further questions.
COURT: Cross.
D. Counsel: With the Court's permission. You
earlier stated that accused Henry
Chao is the Manager of Atlas Parts
and that the money borrowed was
used to pay for their stocks, is that
correct?
Witness: Yes, sir. That is what he told me.
D. Counsel: So, it is clear that the money loaned
from you was not used by the
accused for his benefit?
Witness: I do not know how he used it. The
fact is that I lent the money to him.
D. Counsel: Regarding the demand letter that
you allegedly sent to accused, do
you have the registry return card
showing that accused received the
letter?
 2012 LEGAL ETHICS 137
BAR QUESTIONS AND SUGGESTED ANSWERS

Witness: No, sir. But I have the registry

receipt. Since the letter was not
returned to sender, it is presumed
that it was received by the
addressee.
D. Counsel: Is it not a fact that you have filed
another collection suit against Atlas
Parts seeking to recover the
same P 50,000.00 covered by the
dishonored slips?
Witness: Yes, sir. That is true because I want
to recover my money from either of
them.
D. Counsel: No further questions, Your Honor.

Testimony of Mr. Henry Chao

(After oath and formal of fer of testimony.)
D. Counsel: Do you own NOW Account No.
123456 maintained at Alloy Bank,
Pasong Tamo Branch?
Witness: No, sir. That is owned by my
employer Atlas Parts and, as the
Manager, I am the signatory.
D. Counsel: Mr. Chao, in June 2011 when you
issued the dishonored NOW slips,
did you derive any personal benefit
from the amount loaned?
Witness: No, sir. The money was used to pay
an account payable.
D. Counsel: During the due dates of the NOW
slips that you issued to Mr. Que,
were you still the Manager of Atlas
138 BAR Q &A -

LEGAL ETHICS

Parts?
Witness: Not anymore, sir, because in the
middle of June 2011, I resigned as
Manager, and I was not aware of the
dishonor.
D. Counsel: Did you receive the demand letter
sent to you by Mr. Que after the
dishonor?
Witness: No, sir.
COURT: Cross?
P. Prosecutor: With the kind permission of the
Court. Mr. Chao, is it not a fact that
Mr. Que specifically required you to
issue checks to pay the monthly
installment of the loan?
Witness: Yes, sir.
P. Prosecutor: You will agree with me that without
those five (5) checks, or NOW slips
as you call them, Mr. Que will not
lend money to you?
Witness: Yes, sir.
P. Prosecutor: You will also agree that the demand
letter of Mr. Que was delivered to
your office address because that is
the address that you gave to Mr.
Que in connection with your
transaction?
Witness: Yes, sir. That is possible, but I was
not able to receive it because I had
already resigned and I could not do
anything anymore.
 2012 LEGAL ETHICS 139
BAR QUESTIONS AND SUGGESTED ANSWERS

P. Prosecutor: That is all, Your Honor.

LAWS AND JURISPRUDENCE

A. BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND

ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR
CREDITS AND FOR OTHER PURPOSES.

Section 1. Checks without suic/ent funds.—Any person

who makes or draws and issues any check to apply on account
or for value, knowing at the time of issue that he does not have
sufcient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for
insufciency of funds or credit or would have been dishonored
for the same reason had not the drawer, without any valid
reason, ordered the bank to stop payment, shall be punished by
imprisonment of not less than thirty (30) days but not more
than one (1) year or by a ne of not less than but not more
than double the amount of the check which ne shall in no case
exceed Two Hundred Thousand Pesos, or both such ne and
imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who,

having sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to cover the full amount
of the check if presented within a period of ninety (90) days
from the date appearing thereon, for which reason it is
dishonored by the drawee bank.
140 BAR Q & A
LEGAL ETHICS

Where the check is drawn by a corporation, company or

entity, the person or persons who actually signed the check in
behalf of such drawer shall be liable under this Act.

Section 2. Evidence of know/edge of /nsu/We/ent funds.-

The making, drawing and issuance of a check, payment of
which is refused by the drawee because of insufficient funds in
or credit with such bank when presented within ninety (90)
days from the date of the check, shall be prima facie evidence
of knowledge of such insufciency of funds or credit unless
such maker or drawer pays the holder thereof the amount due
thereon, or makes arrangements for payment in full by the
drawee of such check within ve (5) banking days after
receiving notice that such check has not been paid by the
drawee.

Section 3. Duty of drawee," ru/es of ev/'dence.—It shall be

the duty of the drawee of any check, when refusing to pay the
same to the holder thereof upon presentment, to cause to be
written, printed, or stamped in plain language thereon, or
attached thereto, the reason for drawee’s dishonor or refusal to
pay the same. Provided, that where there are no sufficient
funds in or credit with such drawee bank, such fact shall always
be explicitly stated in the notice of dishonor or refusal. In all
prosecutions under this Act, the introduction in evidence of any
unpaid and dishonored check, having ‘the drawee’s refusal to
pay stamped or written thereon or attached thereto, with the
reason therefor as aforesaid, shall be prima facie evidence of
the making or issuance of said check, and the due presentment
to the drawee for payment and the dishonor thereof, and that
the same was properly dishonored for the reason written,
stamped or attached by the drawee on such dishonored check.
 2012 LEGAL ETHICS 141
BAR QUESTIONS AND SUGGESTED ANSWERS

Notwithstanding receipt of an order to stop payment, the

drawee shall state in the notice that there were no sufcient
funds in or credit with such bank for the payment in full of such
check, if such be the fact.

B. NEGOTIABLE INSTRUMENTS LAW

ACT NO. 2031

AN ACT ENTITLED “THE NEGOTIABLE INSTRUMENTS LAW.”

Section 1. Form of negotiable /nstruments.—An instru-

ment to be negotiable must conform to the following
requirements:
(a) It must be in writing and signed by the maker or
drawer;
(b) Must contain an unconditional promise or order to pay
a sum certain in money;

(c) Must be payable on demand, or at a xed or

determinable future time;
(d) Must be payable to order or to bearer; and
(e) Where the instrument is addressed to a drawee, he
must be named or othen/vise indicated therein with
reasonable certainty.

Section 126. B/// of exchange, def7ned.—A bill of

exchange is an unconditional order in writing addressed by one
person to another, signed by the person giving it, requiring the
person to whom it is addressed to pay on demand or at a xed
142 BAR Q & A
LEGAL ETHICS

or determinable future time a sum certain in money to order or

to bearer.

Section 185. Check, 0'ef7ned.—A check is a bill of

exchange drawn on a bank payable on demand. Except as
herein otherwise provided, the provisions of this Act applicable
to a bill of exchange payable on demand apply to a check.

C. RULES OF COURT

RULE 132

Section 34. Ofer of ev/de/7ce.—The court shall consider

no evidence which has not been formally offered. The purpose
for which the evidence is offered must be specied.

Section 35. When to make o‘er.——As regards the

testimony of a witness, the offer must be made at the time the
witness is called to testify.

Documentary and object evidence shall be offered after

the presentation of a party's testimonial evidence. Such offer
shall be done orally unless allowed by the court to be done in
writing.

JURISPRUDENCE
Isip vs. People
G.R. No. 170298, June 26, 2007, 525 SCRA 735

The concept of venue of actions in criminal cases, unlike in

civil cases, is jurisdictional. The place where the crime was
committed determines not only the venue of the action but is
an essential element of jurisdiction. It is a fundamental rule
 2012 LEGAL ETHICS 143
BAR QUESTIONS AND SUGGESTED ANSWERS

that for jurisdiction to be acquired by courts in criminal cases,

the offense should have been committed or any one of its
essential ingredients should have taken place within the
territorial jurisdiction of the court. Territorial jurisdiction in
criminal cases is the territory where the court has jurisdiction to
take cognizance or to try the offense allegedly committed
therein by the accused. Thus, it cannot take jurisdiction over a
person charged with an offense 13llegedly committed outside of
that limited territory. Furthermore, the jurisdiction of a court
over the criminal case is determined by the allegations in the
complaint or information. And once it is so shown, the court
may validly take cognizance of the case. However, if the
evidence adduced during the trial shows that the offense was
committed somewhere else, the court should dismiss the action
for want of jurisdiction.

Alferez vs. People

G.R. No. 182301, January 31, 2011, 641 SCRA 116

In this case, the prosecution merely presented a copy of

the demand letter, together with the registry receipt and the
return card allegedly sent to petitioner. However, there was no
attempt to authenticate or identify the signature on the registry
return card. Receipts for registered letters and return receipts
do not by themselves prove receipt; they must be properly
authenticated to serve as proof of receipt of the letter, claimed
to be a notice of dishonor. To be sure, the presentation of the
registry card with an unauthenticated signature, does not meet
the required proof beyond reasonable doubt that petitioner
received such notice. It is not enough for the prosecution to
prove that a notice of dishonor was sent to the drawee of the
check. The prosecution must also prove actual receipt of said
144 BAR Q & A
LEGAL ETHICS

notice, because the fact of service provided for in the law is

reckoned from receipt of such notice of dishonor by the drawee
of the check. The burden of proving notice rests upon the party
asserting its existence. Ordinarily, preponderance of evidence is
sufcient to prove notice. In criminal cases, however, the
quantum of proof required is proof beyond reasonable doubt.
Hence, for B.P. Blg. 22 cases, there should be clear proof of
notice. Moreover, for notice by mail, it must appear that the
same was served on the addressee or a duly authorized agent
of the addressee. From the registry receipt alone, it is possible
that petitioner or his authorized agent did receive the demand
letter. Possibilities, however, cannot replace proof beyond
reasonable doubt. The consistent rule is that penal statutes
have “to be construed strictly against the State and liberally in
favor of the accused. The absence of a notice of dishonor
necessarily deprives the accused an opportunity to preclude a
criminal prosecution. As there is insufcient proof that
petitioner received the notice of dishonor, the presumption that
he had knowledge of insufficiency of funds cannot arise.

Lozano vs. Hon. Martinez

G.R. Nos. L-63419, L-66839-42, L-71654, L-74524-25,
L-75122-49, L-75812-13, L-75765-67 and L-75789,
December 18, 1986, 146 SCRA 323

The gravemen of the offense punished by B.P. 22 is the

act of making and issuing a worthless check or a check that is
dishonored upon its presentation for payment. It is not the non-
payment of an obligation which the law punishes. The law is
not intended or designed to coerce a debtor to pay his debt.
The thrust of the law is to prohibit, under pain of penal
sanctions, the making of worthless checks and putting them in
 2012 LEGAL ETHICS 145
BAR QUESTIONS AND SUGGESTED ANSWERS

circulation. Because of its deleterious effects on the public

interest, the practice is proscribed by law. The law punishes the
act not as an offense against property, but an offense against
public order.

Ambito vs. People

G.R. No. 127327, February 13, 2009, 579 SCRA 69

The mere act of issuing' a worthless check — whether as a

deposit, as a guarantee or even as evidence of pre-existing
debt — is malum prohibitum.

Under B.P. Blg. 22, the prosecution must prove not only
that the accused issued a check that was subsequently
dishonored. It must also establish that the accused was actually
notied that the check was dishonored, and that he or she
failed, within ve (5) banking days from receipt of the notice, to
pay the holder of the check the amount due thereon or to make
arrangement for its payment. Absent proof that the accused
received such notice, a prosecution for violation of the Bouncing
Checks Law cannot prosper.

The absence of a notice of dishonor necessarily deprives

an accused an opportunity to preclude a criminal prosecution.
Accordingly, procedural due process clearly enjoins that a
notice of dishonor be actually sent to and received by the
accused. The accused has a right to demand — and the basic
postulates of fairness require — that the notice of dishonor be
actually sent to and received by the same to afford him/her the
opportunity to avert prosecution under B.P. Blg. 22.
146 BAR Q & A
LEGAL ETHICS

Gosiaco vs. Ching

G.R. No. 173807, April 16, 2009, 585 SCRA 471

B.P. Blg. 22 imposes a distinct civil liability on the signatory

of the check which is distinct from the civil liability of the
corporation for the amount represented from the check. The
civil liability attaching to the signatory arises from the wrongful
act of signing the check despite the insufciency of funds in the
account, while the civil liability attaching to the corporation is
itself the very obligation covered by the check or the
consideration for its execution. Yet these civil liabilities are
mistaken to be indistinct. The confusion is traceable to the
singularity of the amount of each.

If weconclude, as we should, that under the current Rules

of Criminal Procedure, the civil action that is impliedly instituted
in the B.P. Blg. 22 action is only the civil liability of the
signatory, and not that of the corporation itself, the distinctness
of the cause of action against the signatory and that against the
corporation is rendered beyond dispute. It follows that the
actions involving these liabilities should be adjudged according
to their respective standards and merits. In the B.P. Blg. 22
case, what the trial court should determine is whether or not
the signatory had signed the check with knowledge of the
insufciency of funds or credit in the bank account, while in the
civil case the trial court should ascertain whether or not the
obligation itself is valid and demanclable. The litigation of both
questions could, in theory, proceed independently and
simultaneously without being ultimately conclusive on one or
the other.

---o0o---
 2013 BAR EXAMINATION
LEGAL AND JUDICIAL ETHICS

ESSAY QUESTIONS

Atty. Bravo represents Carlos Negar (an insurance

agent for Dormir Insurance Co.) in a suit filed by
insurance claimant Andy Limot who also sued
Dormir Insurance. The insurance policy requires
the insured/claimant to give a written notice to
the insurance company or its agent within 60 days
from the occurrence of the loss.

Limot testified during the trial that he had mailed

the notice of the loss to the insurance agent, but
admitted that he lost the registry receipt so that
he did not have any documentary evidence of the
fact of mailing and of the timeliness of the mailed
notice. Dormir Insurance denied liability,
contending that timely notice had not been given
either to the company or its agent. Atty. Bravo's
client, agent Negar, testified and confirmed that
he never received any notice.

A few days after Negar testified, he admitted to

Atty. Bravo that he had lied when he denied
receipt of Limot’s notice; he did receive the notice
by mail but immediately shredded it to defeat
Limot’s claim.

147
 BAR Q & A
LEGAL ETHICS

If you were Atty. Bravo, what would you do in

light of your client's (Carlos Negar's) disclosure
that he perjured himself when he testified? (8%)
ANS: If Iwere Atty. Bravo I shall promptly call upon
Carlos Negar, my client, to rectify his perjured testimony
by recanting the same before the court.

Should he refuse or fail to do so I shall then terminate

my relationship with him (Code of Professional
Responsibility, Canon 19, Rule 19.02) stating that with his
having committed perjury he pursued an illegal conduct
in connection with the case (Ibid., Canon 22, Rule 22.01).

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 14).

Finally, as part of my duty to do no falsehood, nor

consent to the doing of any court (Code of Professional
Responsibility, Canon 10, Rule 10.01, and the Attorney's
Oath). I shall le a manifestation with the court attaching
thereto the notice of termination as Lim0t’s counsel.

Atty. Serafin Roto is the Corporate Secretary of a

construction corporation that has secured a multi-
million infrastructure project from the govern-
ment. In the course of his duties as corporate
secretary, he learned from the company president
that the corporation had resorted to bribery to
 2013 LEGAL ETHICS 149
BAR QUESTIONS AND SUGGESTED ANSWERS

secure the project and had falsified records to cut

implementing costs after the award of the project.

The government filed a civil action to annul the

infrastructure contract and has subpoenaed Atty.
Roto to testify against the company president and
the corporation regarding the bribery. Atty. Roto
moved to quash the subpoena, asserting that
lawyer-client privilege prevents him from testi-
fying against the president and the corporation.
Resolve the motion to quash. (8%)

ANS: Motion should be denied.

The motion should be denied because Atty. Roto did not

learn of the bribery and falsication 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. Anyone can serve as a corporate
secretary Consequently, Atty. Roto does not owe any
obligation of condentiality to the corporation.

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

vehicle recklessly and hit the rear bumper of
Simplicio Medroso's vehicle. Instead of stopping,
Jactar accelerated and sped away. Medroso
pursued Jactar and caught up with him at an
intersection.

In their confrontation, Jactar dared Medroso to

sue, bragged about his connections with the
courts, and even uttered veiled threats against
 BAR Q & A
LEGAL ETHICS

Medroso. During the police investigation that

followed, Medroso learned that Jactar was
reviewing for the Bar examinations.

Under these facts, list and justify the potential

objections that can be made against Jactar’s
admission to the practice of law. (8%)

ANS: 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 about his connection with the courts

and uttering veiled threats against Medroso are
indications of his lack of good moral character. His acts
are contrary to justice, honesty, modesty or good morals
(In re Basa, 41 Phil. 276). He has acted in a manner that
has violated the private and social duties which a man
owes to his fellowmen, or to society in general, contrary
to the accepted and customary rule of right and duty
between man and man (Tak Ng v. Republic, G.R. No. L-
13017, 106 Phil 730, December 23, 1959).

Atty. Doblar represents Eva in a contract suit

against Olga. He is also defending Marla in a
substantially identical contract suit filed by Emma.
In behalf of Eva, Atty. Doblar claims that the
statute of limitations runs from the time of the
breach of the contract. In the action against Marla,
Atty. Doblar now argues the reverse position — i.e.,
that the statute of limitation does not run until one
year after discovery of the breach.
 2013 LEGAL ETHICS 151
BAR QUESTIONS AND Suesesreo ANSWERS

Both cases are assigned to Judge Elrey. Although

not the sole issue in the two cases, the statute of
limitations issue is critical in both.

Is there an ethical/professional responsibility

problem in this situation? If a problem exists,
what are its implications or potential cones-
quences? (8%)

ANS: Yes. There is an ethical/professional responsibility

problem that results from the actuation of Atty. Doblar in
arguing the reverse positions.

The signatures of Atty. Dobar on the pleadings for Eva

and for Maria, constitute a certicate by him that he has
read the pleadings; that to the best of his knowledge,
information and belief there is good ground to support
them; and that the pleadings were not interposed for
delay (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 Maria. His theory
for Eva clearly contradicts his theory for Maria. He has
violated his professional responsibility mandated under
the Rules of Court.

He has likewise violated the ethical responsibility that his

appearance in court should be deemed equivalent to an
assertion on his honor that in his opinion his client's case
is one proper for judicial determination (Canons of
Professional Ethics, Canon 30, 2"“ par., last sentence).
 BAR Q & A
LEGAL ETHICS

In counselling on the contradictory positions, Atty. Doblar

has likewise counseled or abetted activities aimed at
deance of the law or at lessening condence 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
to the administration of justice. To that end, his client's
success is wholly subordinate. His conduct ought to and
must always be scrupulously observant of the law and
ethics (Maglasang 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.).

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.
 2013 LEGAL ETHICS 153
BAR QUESTIONS AND Sueoesreo ANSWERS

Outline briefly the steps and the supporting legal

reasons you would state in your legal opinion on
what Atty. Repatriar should do to resume his
Philippine practice. (8%)

ANS: Atty. Repatriar must prepare a sworn petition to

reacquire the privilege to practice law in the Philippines.
He should manifest in his petition his desire to resume his
law practice in the Philippines, and he is not disqualied
to practice law. The “right to resume the practice of law”
is not automatic. R.A. No. 9225 provides that a person
who intends to practice his profession in the Philippines
must apply with the proper authority for a license or
permit to engage in such practice. In cannot be
overstressed that: That practice of law is a privilege
burdened with conditions. It is so delicately affected with
public interest that it is both the power and duty of the
State (through this Court) to control and regulate it in
order to protect and promote the public welfare.

Adherence to rigid standards of mental tness,

maintenance of the highest degree of morality, faithful
observance of the legal profession, compliance with the
mandatory continuing legal education requirement and
payment of membership fees to the Integrated Bar of the
Philippines (IBP) are the conditions required for
membership in good standing in the bar and for enjoying
the privilege to practice law. Any breach by a lawyer of
any of these conditions makes him unworthy of the trust
and condence which the courts and clients repose in him
for the continued exercise of his professional privilege”
(In re: Petition to re-acquire the privilege to practice law
 BAR Q & A
LEGAL ETHICS

in the Philippines, Epifanio B. Muneses, B.M. No. 2112,

July 24, 2012; Benjamin M. Dacanay, B.M. No. 1678,
December 17, 2007).

He should le the petition with the Supreme Court,

through the Bar Confidant accompanied by the original or
certied copies of the following documents:
1. Showing that he is still a Filipino citizen. “The
Court reiterates that Filipino citizenship is a
requirement for admission to the bar and is, in
fact, a continuing requirement for the practice of
law” (In re: Petition to re-acquire the privilege to
practice law in the Philippines, Epifanio B.
Muneses, B.M. No. 2112, July 24, 2012). Having
retained Philippine citizenship could be evidenced
by the Philippine passport, the U.S. Green card
showing Philippine citizenship and U.S. residency
or other authentic documents which the
Supreme Court may require.
On the other hand, if Atty. Repatriar has lost his
Philippine citizenship, he must submit the
following:
a. Petition for Re-Acquisition of Philippine
Citizenship;
b. Order (for Re-Acquisition of Philippine
citizenship);
c. Oath of Allegiance to the Republic of
the Philippines;
d. Identication Certicate (IC) issued by
the Bureau of Immigration.
 2013 LEGAL ETHICS 155
BAR QUESTIONS AND SUGGESTED ANSWERS

The loss of Filipino citizenship means termination

of Atty. Repatriar’s membership in the bar; /joso
jure the privilege to engage in the practice of
law. “Under R.A. No. 9225, natural-born citizens
who have lost their Philippine citizenship by
reason of their naturalization as citizens of a
foreign country are deemed to have re-acquired
their Philippine citizenship upon taking the oath
of allegiance to the Republic. Thus, a Filipino
lawyer who becomes a citizen of another country
and later re-acquires his Philippine citizenship
under R.A. No. 9225, remains to be a member of
the Philippine Bar” (B.M. No. 2112, In re:
Petition to re-acquire the privilege to practice law
in the Philippines, supra).

2. Certication from the IBP indicating updated

payments of annual membership dues;
3. Proof of payment of professional tax; and
4. Certicate of compliance issued by the MCLE
Ofce. (Ibid.)
5. A certicate of good moral character attested to
by at least three (3) members of the bar; and

6. A certication from the State Bar of New York

that Atty. Repatriar does not have any previous
or pending disciplinary action led against him
before that body.

VI. An audit team from the Office of the Court

Administrator found that Judge Contaminada
committed serious infractions through the
 BAR Q & A
LEGAL ETHICS

indiscriminate grant of petitions for annulment of

marriage and legal separation. In one year, the
judge granted 300 of such petitions when the
average number of petitions of similar nature
granted by an individual judge in his region was
only 24 petitions per annum.

The audit revealed many different defects in the

granted petitions: many petitions had not been
verified; the required copies of some petitions
were not furnished to the Office of the Solicitor
General and the Office of the Provincial
Prosecutor; docket fees had not been fully paid;
the parties were not actual residents within the
territorial jurisdiction of the court; and, in some
cases, there was no record of the cross-
examinations conducted by the public prosecutor
or any documentary evidence marked and formally
offered. All these, viewed in their totality,
supported the improvident and indiscriminate
grant that the OCA found.

If you were the counsel for Andy Malasuerte and

other litigants whose marriages had been
improperly and finally annulled, discuss your
options in administratively proceeding against
Judge Contaminada, and state where and how you
would exercise these options. (8%)

ANS: As counsel for Any Malasuerte, I have the option to

le administrative proceedings by ling a veried
complaint in writing against Judge Contaminado, with the
 2013 LEGAL ETHICS 157
BAR QUESTIONS AND SUGGESTED ANSWERS

Ofce of the Court Administrator, supported by afdavits

of persons who have personal knowledge of the facts
alleged therein or by documents which may substantiate
said allegations. The complaint shall state clearly and
concisely the acts and omissions constituting violations of
standards of conduct prescribed for judges by law, the
Rules of Court, the Code of Judicial Conduct (Rules of
Court, Rule 140, Sec. 1) and the new Code of Conduct for
the Philippine Judiciary.

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%)

ANS: Judge Cerdo and Atty. Cocodrilo did not commit any
act of impropriety or and did they violate any law.

The prohibition imposed by the Civil Code, Art. 1491[5],

prohibiting judges and attorneys, and that are 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.
158 BAR Q & A
LEGAL ETHICS

The prohibition does not apply to instances, 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. Abab, G.R. No. L-26096,
February 27, 1979, 88 SCRA 513).

VIII. The criminal case arising from the P10-Billion Peso

pork barrel scandal was raffled to Sandiganbayan
Justice Marciano Cobarde. Afraid that he would
antagonize the parties, his political patrons and,
ultimately, his judicial career, he decided to inhibit
from participating in the case, giving “personal
reasons" as his justification.

If you were to question the inhibition of SB Justice

Cobarde, on what legal basis, and where and how
will you do this? (8%).
ANS: The grounds relied upon by Justice Cobarde for his
inhibition conveys the impression that “the parties” and
“his political patrons” are in a special position impropriety
to inuence him in the performance of judicial duties
(New Code of Conduct for the Philippine Judiciary, Canon
4, Sec. 8). Furthermore, the Sandiganbayan sits in
Divisions, so the fears of Justice Cobarde are unfounded.
Justice Cobarde should not shirk from the performance of
his judicial duties.

I would le a motion with the Division of the

Sandiganbayan in which Justice Cobarde is sitting for the
remittai of his voluntary inhibition. I would advance in
motion the reasons why the “personal reasons” set forth
 2013 LEGAL ETHICS 159
BAR QUESTIONS AND SUGGESTED ANSWERS

by the Justice are insubstantial and does not merit his

inhibition. I would likewise set the motion for hearing as
appropriate.

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 to the request, telling the latter that Atty.
Hermano is his fraternity “brod" and that Atty.
Hermano simply wanted to ask for advice on how
to expedite the resolution of his case. They met, as
arranged, in the fine dining restaurant of a five-
star hotel. Atty. Hermano hosted the dinner.

Did Atty. Hermano, Judge Patron and Judge

Apestado commit any ethical/administrative
violation for which they can be held liable? (8%)

ANS: Yes, the three (3) of them committed ethical/

administrative violations for which they can be held liable.

For hosting the dinner, Atty. Hermano acted in

contravention of ethical standards. A lawyer should
refrain from any impropriety which tends to inuence or
give the appearance of influencing the count (Code of
Professional Responsibility, Canon 13). A lawyer shall not
extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with judges (Canon
13, Rule 13.01). Marked attention and unusual hospitality
on the part of a lawyer to a judge, uncalled for by the
 BAR Q & A
LEGAL ETHICS

personal relations on the parties, subject both the judge

and the lawyer to misconstruction of motive and should
be avoided (Canons of Professional Ethics, Canon 3, 2"“
par., 1“ sentence). Even if the purpose of the meeting
was merely to “ask advice on how to expedite the
resolution of his case,” Atty. Hermano still acted outside
of the bounds of ethical conduct. This is so because a
lawyer deserves rebuke and denunciation for any device
or attempt to gain from a judge special personal
consideration or favor (Canon 3, 2"“ par., 2'“ sentence).

Both Judge Patron and Judge Apestado may be held

liable for having the dinner meeting with Atty. Hermano.
Judges shall ensure that not only is their conduct above
reproach, but that it is perceived to be so in the view of a
reasonable obsen/er (New Code of Conduct for the
Philippine Judiciary, Canon 2, Sec. 1). Judges shall avoid
impropriety and the appearance of impropriety in all of
their activities (Canon 4, Sec. 1). Their having dinner with
Atty. Hermano, a practicing lawyer could be construed as
appearance of impropriety.

Judge Patron for having allowed himself to used as a

“bridge” by Atty. Hermano, his fraternity “brod”, to meet
with Judge Apestado exhibited judicial misconduct in the
following manner: Judges shall refrain from inuencing in
any manner the outcome of litigation or dispute pending
before another court (Canon 1, Sec. 3). Furthermore, in
allowing Atty. Hernando to take advantage of his
fraternity bond, Judge Patron allowed the use of the
prestige of judicial ofce to advance the private interests
of others, conveyed or permitted his fraternity “brod” to
 2013 LEGAL ETHICS 161
BAR QUESTIONS AND SUGGESTED ANSWERS

convey the impression that he is in a special position to

inuence the judge (Canon 1, Sec. 4, 2“ sentence).

The specic 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 (Canon 1, Sec. 2). Finally,
in having a dinner meeting with Atty. Hermano who has a
pending case with his sale, Judge Apestado has exhibited
an appearance of impropriety in his activities (Canon 4,
Sec. 1).

As a new lawyer, Attorney Novato started with a

practice limited to small claims cases, legal
counseling, and notarization of documents. He put
up a solo practice law office and was assisted by
his wife who served as his secretary/helper. He
used a makeshift hut in a vacant lot near the local
courts and a local transport regulatory agency.
With this strategic location, he enjoyed heavy
patronage assisting walk-in clients in the
preparation and filing of pleadings and in the
preparation and notarization of contracts and
documents. 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 small
restaurant. He put up a shingle that reads: “Atty.
 BAR Q & A
LEGAL ETHICS

Novato, Specialist in Small Claims, Fastest in

Notarization; the Best and Cheapest in Copier
Services."

Is Attorney Novato’s manner of carrying out his

professional practice — i.e., mixing business with
the practice of law, announcing his activities via a
shingle and locating his office as above-described
— in keeping with appropriate ethical and
professional practice? (8%)

ANS: No. Attorney Novato’s manner of carrying out his

professional practice is not in keeping with appropriate
ethical and professional practice. He has degraded the
law profession which may result to loss of respect to
lawyers as a whole.

The use of a makeshift hut standing alone would create

the impression that the lawyer does not have a
permanent address which ls required to be stated in all
pleadings he signs as well as required to be shown in
documents he notarlzes.

His shingle shows that he has considered the law

profession as a business. He should have a separate
shingle for his copier sen/ices business.

When he included in his shingle the phrases “Specialist in

Small Claims” and “Fastest in Notarization,” he has
transgressed the rule that a lawyer in making known his
legal sen/ices shall use only dignied information or
statement of facts (Code of Professional Responsibility,
Canon 3). So also the norm that a lawyer shall not use or
 2013 LEGAL ETHICS 163
BAR QUESTIONS AND SUGGESTED ANSWERS

permit the use of any misleading, undignied, self-

laudatory or unfair statement or claim regarding his
qualications or legal services (Ibid., Canon 3, Rule 3.01).

The use of the phrases “Specialist in Small Claims” and

“Fastest in Notarization” is misleading advertisement
because they are likely to create an unjustied
expectation about the results the lawyer can achieve or
implies that the lawyer can achieve results by improper
means (ABA Model Rule 7.1.b)

MULTIPLE CHOICE QUESTIONS

Under the 2004 Rules of Notarial Practice, what

may 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 ID.
(C) Voter's ID, NBI clearance, Driver's
license.
(D) Ombudsman's clearance, private office
ID, PhilHealth card.
(E) All of the above.

ANS: (C) Voter's ID, NBI clearance, Driver's license

(Notarial Act, Sec. 12).

Under the law, “competent evidence of identity” is the

identication of an individual based on at least one
 BAR Q & A
LEGAL ETHICS

current identication document issued by an official

agency bearing the photograph and signature of the
individual. It may also refer to the oath or afrmation of
one credible witness not privy to the instrument,
document or transaction, who is personally known to the
notary public, and who personally knows the individual,
or of two credible witnesses neither of whom is privy to
the instrument, document or transaction who each
personally knows the individual and shows to the notary
public documentary identication. (Sec. 12, Rules of
Notarial Practice; Angeles, et al. v. Atty. Amado Ibaez,
A.C. No. 7860, January 15, 2009)

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°/0)

(A) To maintain a respectful attitude towards

the courts.
(B) To uphold the honor and dignity of the
legal profession.
(C) To act with courtesy, candor and fairness
toward other lawyers.
(D) To do no falsehood, nor consent to the
doing of any in court.
(E) To respect the courts and uphold the
dignity of the profession.

ANS: (D) To do no falsehood, nor consent to the doing of

any in court (Lawyer's Oath). The lawyers’ primaiy duty
 2013 LEGAL ETHICS 165
BAR QUESTIONS AND SUGGESTED ANSWERS

to society or to the State is to uphold the Constitution,

obey the laws of the land and promote respect for law
and legal processes (Canon 1, Code of Professional
Responsibility). To say that the lawyers must at all time
uphold and respect the law is to state the obvious.
Considering that all classes of professions, lawyers are
most sacredly bound to uphold the law (Ex Parte Wall,
107 U.S. 265 Citing Malcolm, Legal & Judicial Ethics) it is
imperative that they live by the law. Accordingly, lawyers
who violate their oath and engage in deceitful conduct
have no place in the legal profession (Victoriano P.
Resurreccion v. Atty. Ciriaco C. Sayson, A.C. No. 1037,
December 4, 1998; Stemmerik v. Atty. Lemuel Mas, A.C.
No. 8010, June 16, 2009; Angeles v. Atty. Wilfredo Lina-
ac, A.C. No. 12063, January 8, 2019, Leonen, J).

Atty. Avaro has consistently failed to pay his

annual IBP dues for several years. Demand letters
have been sent to him and he has acknowledged
receipt of these letters. However, all the IBP's
efforts proved futile. As a result, the IBP sent Atty.
Avaro a notice that his name would be stricken off
the Roll of Attorneys. Was the IBP's action
correct? (1°/o)

(A) No, because default in the payment of

annual dues only warrants suspension of
Integrated Bar members.
(B) Yes, because non-payment of annual dues
is an indicator of the lawyer's moral
fitness; refusal to pay is refusal to honor
his obligation to the IBP.
 BAR Q & A
LEGAL ETHICS

(C) No, because failure to pay affects a

member's capability to practise, but not
his membership in the Bar.
(D) Yes, because payment of membership
dues and other lawful assessments are
conditions sine qua non to the privilege of
practising law and to the retention of his
name in the Roll of Attorneys.
(E) None of the above choices is correct.

ANS: (E) None of the above choice is correct.

The striking out of names in the Roll of Attorneys can be

ordered only by the Supreme Court. Also, due process
must be observed.

The Constitution vests upon the Supreme Court the

power to integrate the Philippine bar (Legal and Judicial
Ethics, 2009 Ed., Agpalo, p. 132; Constitution, Art. X,
Sec. 5).

Ms. Seller and Mr. Buyer presented to a com-

missioned notary public a deed of sale for
notarization. The notary public explained to them
the transaction the deed embodies and asked
them if they were freely entering the transaction.
After the document was signed by all the parties,
the notary public collected the notarial fee but did
not issue any BIR-registered receipt.

The notarization of the deed is . (1%)

 2013 LEGAL ETHICS 167
BAR QUESTIONS AND SUGGESTED ANSWERS

(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 charge-
able 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

ANS: (E) 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, 591 SCRA
562, 571-572).

In order to comply with the requirements,

MCLE
Atty. Ausente enrolled in a seminar given by an
MCLE provider. Whenever he has court or other
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
 BAR Q & A
LEGAL ETHICS

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°/0)

(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
(D) penalized by forfeiting all his earned
MCLE units
(E) excused because attendance by proxy is a
widespread and tolerated MCLE practice

ANS: (B) sanctioned because he circumvented or evaded

full compliance with the MCLE requirements (Mandatory
Continuing Legal Education, Rule 12, Section I[e]). His
act smacks of doing falsehood.

To do no falsehood, nor consent to the doing of any in

court (Lawyer's Oath). The lawyers’ primary duty to
society or to the State is to uphold the Constitution, obey
the laws of the land and promote respect for law and
legal processes (Canon 1, Code of Professional
Responsibility). To say that the lawyers must at all time
 2013 LEGAL ETHICS 169
BAR Quesnows AND Suooesnzo ANSWERS

uphold and respect the law is to state the obvious.

Considering that all classes of professions, lawyers are
most sacredly bound to uphold the law (Ex Parte Wall,
107 U.S. 265 Citing Malcolm, Legal & Judicial Ethics) it is
imperative that they live by the law. Accordingly, lawyers
who violate their oath and engage in deceitful conduct
have no place in the legal profession (Victoriano P.
Resurreccion v. Atty. Ciriaco C. Sayson, A.C. No. 1037,
December 4, 1998; Stemmerik v. Atty. Lemuel Mas, A.C.
No. 8010, June 16, 2009; Angeles v. Atty. Wilfredo Lina-
ac, A.C. No. 12063, January 8, 2019, Leonen, J).

Plaintiff Jun Ahorro filed a complaint for collection

of sum of money before the Regional Trial Court of
Manila. Because of the large amount of his claim,
he had to pay a sizeable docket fee. He insisted on
paying the docket fee and other fees in install-
ments because staggered payment is allowed
under Rule 141, as amended. The Office of the
Clerk of Court (OCC) refused to accept the
complaint unless he paid the full amount of the
docket and other required fees. Plaintiff Jun
Ahorro's position . (1%)

(A) is allowed because of the large amount of

the docket fee
(B) justified because it is discretionary on
is
the part of the OCC to accept staggered
payment
(C) is incorrect because the amendment on
staggered payment has been suspended
 BARQ&A
LEGALETHES

(D) is not allowed because the full payment of

docket fee is jurisdictional
(E) cannot be allowed because of its
prejudicial impact on the judiciary's
financial operations

ANS: (D) is not allowed because the full payment of

docket fee is jurisdictional (Rules of Court, Rule 141, Sec.
1). The court may now allow the payment of the fee
within a reasonable time in no case beyond the applicable
prescriptive or reglementary period (Sun Insurance Ofce
Ltd. V. Asuncion, G.R. No. 79937-38; International
Container Terminal Services, Inc. v. City of Manila, et al.;
G.R. No. 185622, October 17, 2018, Leonen, J; Heirs of
Renato Dragon v. Manila Banking C0rp., G.R. No. 205068,
March 6, 2019, Leonen, J).

Atty. Anunciante is engaged in the practice of law

and has a regular, live, weekly TV program where
he gives advice to and answers questions from the
audience and program viewers concerning U.S.
immigration problems. Occasionally, advertise-
ments 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 his law practice clients increased
tremendously. The TV program of Atty. Anunciante
is . (1%)
(A) permissible because it is public service in
nature
 2013 LEGAL ETHICS 171
BAR QUESTIONS AND Suoeesteo ANSWERS

(B) 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
(E) None of the above.

ANS: (E) None of the above. The acts of the lawyer

constitute public service, which is a social obligation of a
lawyer. He was not advertising his practice of law. He
was not soliciting clients. He is not making business out
of the practice of legal profession.

III. Vito is notorious gangster in the province who

a
has 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 locality would
represent him. Vito could not afford 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°/o)

(A) It is within its right to make, since

lawyers may freely decide who to
represent and who not to represent.
 BAR Q & A
LEGAL ETHICS

(B) It is unethical; it constitutes

collective
a
denial of Vito’s right to the assistance of
counsel.
(C) It constitutes an anticipated act of
contempt towards the court that may
order any of the members of the
association to represent the accused.
(D) It must be concurred in by each member
of the Bar Association to have any binding
force.
(E) It is unethical because the Bar Asso-
ciation already prejudged Vito.

ANS: (B) It is unethical; it constitutes a collective denial

of Vito’s right to the assistance of counsel (Code of
Professional Responsibility, Canon 14, Rule 14.01; 1987
Constitution, Alt. III, Sec. 2). A lawyer shall not decline
to represent a person on account of the latter’s race, sex,
creed, or status in life or because of his own opinion
regarding the guilt of said person. This is especially so
that an accused or person is presumed to be innocent
until the contrary shall have been proven.

Graft Investigator Atty. Retirada served the Office

of the Deputy Ombudsman for eight years before
retiring from the service. While still a Graft
Investigator, she investigated a government
contract for office supplies where Mr. Sakim was
the supplier. The transaction was supposedly
overpriced. Atty. Retirada recommended that no
charges be filed against the officials involved and
 2013 LEGAL ETHICS 173
BAR QUESTIONS AND SUGGESTED ANSWERS

the recommendation benefited Mr. Sakim as the

supplier involved in the transaction.

After her retirement from the service, Atty.

Retirada's services as counsel were engaged by
Mr. Sakim as counsel to represent the Sakim
family in a claim against the State arising from a
family property that had been expropriated. Atty.
Retirada now consults you about the ethical
permissibility of accepting the engagement.

What advice would you give Atty. Retirada? (1%)

(A) Having been in government service, she

cannot now represent a party with a claim
against the State.
(B) Having once handled a case involving her
prospective client, a conflict of interest
would exist if she were to accept the
engagement.
(C) Representing the Sakim family would
involve the unethical use of information
she obtained while in government service.
(D) There is no ethical objection to her
acceptance of the engagement because
the case is neither criminal nor
administrative in character.
(E) Acceptance of the engagement should be
on condition that Atty. Retirada would
withdraw if a conflict of interest situation
arises.
 BAR Q & A
LEGAL ETHICS

ANS: (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 conict of interest since the case involved is

an expropriation case (R.A. 910, Sec. 1). In fact, there is
no circumvention of the law. What the law excludes, it
does not include.

Your client is the plaintiff in 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 half. 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 damages.
(C) Offer him a reasonably low amount so
that the case can immediately be settled.
(D) Ask the defendant's counsel to first
submit his negotiating figure.
(E) Play hard-to-get and initially refuse all
the defendant's initiatives to settle.
 2013 LEGAL ETHICS 175
Sueessnzo ANSWERS
BAR QUESTIONS AND

ANS: (D) Ask the defendant's counsel to rst submit his

negotiating gure.

It is the defendant that must submit rst the negotiating

gure. In cases of negotiation for the settlement of a
case, it is not normally the plaintiff who initiates. It is the
defendant who may have violated the rights of the
plaintiff.

Candido engaged the services of Atty. Lebron in a

criminal case. In the course of their consultations,
Candido admitted to Atty. Lebron that he
committed the crime and in fact actively planned
its commission. He stressed, however, that under
no circumstance would he admit or confess to the
murder charge he is facing and, in fact, would
enter a plea of “not guilty” on arraignment.

If Candido insists on his planned plea, Atty. Lebron

should . (1%)
(A) discontinue his representation; to
continue would be unethical since he
would then be aiding the accused in
foisting a deliberate falsehood on the
court
(B) allow Candido to choose his course of
action; Atty. Lebron's duty is to protect all
his legal and statutory rights
(C) convince Candido to plead guilty and
withdraw from the case if Candido refuses
to heed his advice
 BAR Q & A
LEGAL ETHICS

(D) file a manifestation, if Candido pleads

“not guilty," declaring to the court what
he knows of the truth.
(E) play matters by ear and wait for
developments as Candido may still plead
guilty.

ANS: (B) allow Candido to choose his course of action;

Atty. Lebron’s duty is to protect all his legal and statutory
rights (Code of Professional Responsibility, Canon 14,
Rule 14.01). A lawyer shall not decline to represent a
person solely because of his own opinion regarding the
guilt of the accused especially so that a person is
presumed to be innocent until the contrary shall have
been proven. While his client may have admitted to him
having committed the crime of murder, who knows the
prosecution might be able to prove only the crime of
homicide.

A Regional Trial Court issues a temporary

restraining order (TRO) halting the demolition
order issued by the City Mayor who has long
loathed the cluster of shanties put up by informal
settlers along the road leading to 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
 2013 LEGAL ETHICS 177
BAR Qussnows AND SUGGESTED ANSWERS

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 City Legal Officer's
actions? (1%)

(A) It is unethical since he counseled civil

servants to disregard a court order.
(B) It is ethical, since he acted in accordance
with honest
his 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 rm and honest
conviction.
(D) It is 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.
178 BAR Q & A
LEGAL ETHICS

ANS: (A) It is unethical since he counseled civil servants

to disregard a court order (Code of Professional
Responsibility, Canon 12). A lawyer shall not unduly delay
a case, impede the execution of judgement or misuse
court processes (Rule 12.04). A lawyer's rst and
foremost duty is to the court. He is duty bound to comply
with the lawful orders of the court. The reason is that,
the attorney is an ofcer of the court because his mission
is to assist the court in the administration of justice. A
la\/vyer as an officer of the court has the duty to be
truthful in all his dealings (Fernandez v. Atty. Angelica P.
De Ramos-Villalon, A.C. No. 7084, February 27, 2009).

XIII. The mediator assigned to a civil case happens to

be your law school classmate and he makes a

ii.
doctrinal statement about the rights of the parties.
You knew that the statement, although favorable
to your client's case, is incorrect. The ethical move
to make under the circumstances is to
(1°/o)

(A) correct the mediator and state the right

doctrine
(B) just keep quiet because the other counsel
might learn about your relationship with
the mediator
(C) reveal your relationship with the mediator
and ask the opposing counsel if he has
any objections
(D) request the Mediation Supervisor to
immediately change the mediator
 2013 LEGAL ETHICS 179
BAR QUESTIONS AND SUGGESTED ANSWERS

(E) simply withdraw from the case because of

the unfair advantage that you enjoy

ANS: (A) correct the mediator and state the right

doctrine. This is part of my duty as a lawyer. A lawyer
shall not do any falsehood or consent to the doing of any
in court; nor shall he mislead or allow the court to be
misled by any artice (Canon 10, Rule 10.01, Code of
Professional Responsibility). By allowing the doctrinal
statement to be used although favorable to the cause of
his client, the lawyer would not be complying with his
oath, that he will obey the law. It must be emphasized
that the foremost duty of the lawyer is to assist in the
administration of justice.

Wanda finally became pregnant in the 10th year of

her marriage to Horacio. As her pregnancy
progressed, she started having difficulty breathing
and was easily fatigued. The doctors diagnosed
that she has a heart congestion problem dueto a
valve defect, and that her chances of carrying a
baby to full term are slim. Wanda is scared and
contemplates the possibility of abortion. She thus
sought legal advice from Diana, a lawyer-friend
and fellow church member, who has been
informally advising her on legal matters. What is
Diana's best ethical response? (1%)

(A) Beg off from giving any advice because it

is a situation that is not purely legal.
(B) Advise Wanda on the purely legal side of
her problem and assure her that abortion
 BAR Q & A
LEGAL ETHICS

is allowed by law if the pregnancy

endangers the life of the mother.
(C) Advise that it is a religious problem
before it is a medical or legal one, and
Wanda should consult and follow the
advice of her religious confessor.
(D) Advise Wanda that abortion, above
everything else, is a moral problem and
she should only have an abortion if it is an
act she can live with.
(E) Refrain from giving any kind of advice as
abortion is a serious matter that cannot
be resolved through informal consulta-
tions with friends and fellow church
members.

ANS: (B) Advice 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). A
lawyer shall make his legal services available in an
efcient manner compatible with the independence,
integrity and effectiveness of the profession. Even if the
lawyer does not accept a case, he shall not refuse to
render legal advice to the person concerned if only to the
extent necessary to safeguard the latter’s rights.

Based on the same facts as Question XIV, assume

that Diana, aside from being a family friend of the
couple, has been formally and informally acting as
their lawyer in all their personal and family affairs.
 2013 LEGAL ETHICS 181
BAR QUESTIONS AND SUGGESTED ANSWERS

She has represented them in court in a case

involving a car accident and in the purchase of
their family home, for which they formally 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 her pregnancy is not yet far
advanced.

Did violate the prohibition against

Diana
representing conflicting interests when she
provided legal advice to Wanda without Horacio’s
knowledge? (1%)

(A) Yes. The decision of whether to have an

abortion should be decided by both
spouses; thus, Diana should not have
provided legal advice in the absence of
Horacio whose concerns and positions are
unknown to her.
(B) No. Diana did not give any formal advice
that would constitute legal practice
calling for the strict observance of the
conflict of interest rules.
 BAR Q & A
LEGAL ETHICS

(C) No. The decision on whether or not to

have an abortion lies solely with Wanda;
it is her body and health that is in issue.
(D) No. Horacio and Wanda are married, any
advice given to Wanda is deemed to have
been given to Horacio as well.
(E) No. Giving advice to Wanda is not
necessarily acting against Horacio's
interest; Diana was giving advice based
on the couple's best interest.

ANS: (A) Yes. The decision of whether to have an

abortion should be decided by both spouses; thus, Diana
should not have provided legal advice in the absence of
Horacio whose concerns and positions are unknown to
her (Code of Professional Responsibility, Canon 15). A
lawyer shall impress upon his client with the laws and the
principles of fairness (Rule 15.06).

Or

(C) N0. The decision on whether or not to have an

abortion lies solely with Wanda; it is her body and health
that is in issue (Code of Professional Responsibility,
Canon 5 and Canon 18); (Reproductive Health Law).

ABLE Law Office has a retainer agreement with

Santino, a businessman with shady connections,
who has recently been charged with laundering
money for an illegal drugs syndicate using Cable
Co., Santino's holding company. The lawyers of
ABLE Law Office assigned to handle Santino's
 2013 LEGAL ETHICS 183
BAR Quesnows AND SUGGESTED ANSWERS

account have been impleaded as co-defendants for

incorporating and actively handling the affairs of
Cable Co.

In its bid to strengthen its case against the

defendants, the prosecution approached you (as
the least guilty defendant who would qualify for a
discharge as a state witness) and offers to make
you a state witness.

Can you accept, within the bounds of professional

ethics, the prosecution's offer? (1%)

(A) 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.
(E) 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.
184 BAR Q & A
LEGAL ETHICS

ANS: (C) No, the information you acquired involving the

criminal case against Santino is covered by the privileged
communications rule. A lawyer shall preserve the
condence and secret of his client even after the
attorney-client relation is terminated (Canon 21, Code of
Professional Responsibility). A lawyer shall not reveal
condences or secrets of his client except when
authorized by the client after acquainting him of the
consequences of the disclosure (Rule 21.01).
furthermore, a lawyer shall not, to the disadvantage of
his client, use information acquired in the course of his
employment, nor shall he use the same to his own
advantage unless the client with full knowledge of the
circumstances consents thereto (Rule 21.02). if he
accepts the offer to be stat witness, he will be using the
information he obtained in the course of him employment
since he would be acquitted.

XVII. 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 rm asks you, as a former law firm
member, if you can help strengthen the
prosecution's case and hints that you, too, may be
impleaded as a co-defendant if you do not
cooperate.
 2013 LEGAL ETHICS 185
Sueessnan ANSWERS
BAR QUESTIONS AND

What is your best legal and ethical course of

action? (1%)

(A) Offer to testify on what you know and

provide evidence against the defendants
in exchange for a guarantee of immunity
from prosecution in the case.
(B) Offer to provide evidence against Santino,
but clarify that you cannot testify against
Santino because of the privileged commu-
nications rule
(C) Decline to testify against the defendants
and to provide evidence in the case as the
attorney-client privilege lasts even
beyond the termination of the
relationship. '

(D) Decline to testify against the defendants

as whatever information you acquired
from Santino and Cable Co. in the course
of the lawyer-client relationship is
privileged.
(E) Alert the law firm to the prosecution's
offer so that they can prepare for the
evidence within your knowledge that the
prosecution may use.

ANS: (C) Decline to testify against the defendants and to

provide evidence in the case as the attorney-client
privilege lasts even beyond the termination of the
186 BAR Q & A
LEGAL ETHICS

relationship (Code of Professional Responsibility, Canon

15, Rule 15.02).

A lawyer shall not, to the disadvantage of his client, use

information acquired in the course of his employment,
nor shall he use the same to his own advantage unless
the client with full knowledge of the circumstances
consents thereto (Rule 21.02). if he accepts the offer to
be stat witness, he will be using the information he
obtained in the course of him employment since he would
be acquitted.

XVIII.You are a lawyer working in the Public Assistance

Office. Yolly, a key witness in the case (reckless
imprudence resulting in homicide) you are
handling, is indigent and illiterate. While Yolly is
willing to testify in court, you worry that the judge
might not be able to appreciate the impact of her
testimony, as she has a difficult time answering
English questions. You also worry that this might
affect her credibility. Further, Yolly has indicated
that she might not have the money to pay the fare
to attend the trial. You are presenting her as a
witness for the defense at the hearing next week.

Which of the following is NOT a permissible act for

you to do? (1°/o)

(A) Provide Yolly with money for fare to

ensure her attendance in court.
 2013 LEGAL ETHICS 187
BAR QUESTIONS AND SUGGESTED ANSWERS

(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.
(D) Provide her with sample questions that
you might ask in the hearing tomorrow.
(E) All the above are permissible.

ANS: (E) All of the above are permissible. A lawyer shall

not refuse his services to the needy (Canon 14, Code of
Professional Responsibility). A lawyer shall not decline to
represent a person on account of his status in life (Rule
14.01). A lawyer shall not refuse to accept representation
of an indigent client (Rule 14.03). The rules implement
the constitutional guarantee that free access to the courts
shall not be denied the citizens by reason of poverty. A
lawyer shall delay no man for money or malice. It must
be recalled that the business of a lavwer is basically
public service and not for business purposes.

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
 BAR Q & A
LEGAL ETHICS

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.

What will you do under these circumstances?

(1°/o)

(A) Disregard the wiretapped conversation as

it is inadmissible and will not serve any
useful purpose in the trial of the case.
(B) Present the wiretapped conversation in
court; although inadmissible, its intro-
duction and the disclosure of its existence
is a right that the public is entitled to.
(C) Leak the wiretapped conversation to the
media, to let the public know what really
happened.
(D) Submit the wiretapped conversation to
the Senate which is in the best position to
determine what to do with it.
(E) Let Napo privately know, through 3"‘
parties, that you are aware of the
existence of the taped conversation, with
the hint that he can still hope for a lighter
penalty if he would cooperate.
 2013 LEGAL ETHICS 189
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: (A) Disregard the wiretapped conversation as it is

inadmissible and will not serve any useful purpose in the
trial of the case (Code of Professional Responsibility,
Canon 12). A lawyer shall exert every effort and consider
it duty to assist in the speedy and efcient administration
of justice. If he will use the wiretapped conversation, he
will violate his oath that he will obey the law.

To do no falsehood, nor consent to the doing of any in

court (Lavvyer’s Oath). The lawyers’ primary duty to
society or to the State is to uphold the Constitution, obey
the laws of the land and promote respect for law and
legal processes (Canon 1, Code of Professional
Responsibility). To say that the lawyers must at all time
uphold and respect the law is to state the obvious.
Considering that all classes of professions, lawyers are
most sacredly bound to uphold the law (Ex Parte Wall,
107 U.S. 265 Citing Malcolm, Legal & Judicial Ethics) it is
imperative that they live by the law. Accordingly, lawyers
who violate their oath and engage in deceitful conduct
have no place in the legal profession (Victoriano P.
Resurreccion v. Atty. Ciriaco C. Sayson, A.C. No. 1037,
December 4, 1998; Stemmerik v. Atty. Lemuel Mas, A.C.
No. 8010, June 16, 2009; Angeles v. Atty. Wilfredo Lina-
ac, A.C. No. 12063, January 8, 2019, Leonen, J).

Armin, holding a transfer certificate of title to a lot

in downtown Calamba in the name of Bobby,
shows you the title and claims that Bobby sold him
the lot. He then asks you to draft a deed of sale
covering the transaction. In reply to your query on
where Bobby is, Armin explains that Bobby is
 BAR Q & A
LEGAL ETHICS

currently out of the country but he (Armin) has his

general power of attorney which he also shows to
you. The power of attorney empowers Armin to do
everything that Bobby can do with the Calamba
lot, but you note that it does not specifically
authorize Armin to sell the property. Armin also
assures you that he wants the deed of sale drafted
so he can send it to Bobby for his signature even
while overseas. How will you act under the given
circumstances? (1°/0)

(A) Agree to draft the deed of sale, subject to

your usual 10°/ocommission.
(B) Refuse to draft the deed of sale, as Armin
has not presented a special power of
attorney that would support the deed that
he is asking you to prepare.
(C) Refuse to draft the deed of sale, as Bobby
is not present to sign the deed of sale and
verify that he is indeed selling his lot to
Armin.
(D) Agree to draft the deed of sale, since it is
only a draft that Bobby still has to
consider and sign.
(E) Refuse to have anything to do with
Armin's request because it is a potentially
problematic situation given the price of
lots in downtown Calamba.
 2013 LEGAL ETHICS 191
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: (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). A lawyer shall
serve his client with competence and diligence. In fact,
the case is a bad case which the lawyer can refuse to
accept or act upon. For the lawyer to prepare the deed of
sale with special power of attorney from Bobby, the
lawyer would be violating the provisions of the Civil Code
that if there is authority to sell a real property by an
agent, it must be put into writing, othen/vise the sale is
void (Art. 1874, NCC). The general power of attorney is
not the written authority referred to by the law.

--oOo-—
 2014 BAR EXAMINATION
LEGAL ETHICS

Judge A is a close friend of Governor G. On several

occasions, Judge A would borrow vehicles from
the office of the Governor to travel to his judicial
stations. Judge A's actuation:
a. violates the Canon on Propriety
b. creates an appearance of an improper
connection with the executive branch
c. is downright unethical

ANS: (a) violates the Canon on Propriety.

Judge A violated the Canon of impropriety. Judges shall

avoid impropriety and appearance of impropriety in all
their activities (Canon 4, Sec. 1, Code of Judicial
Conduct). This is so because propriety and appearance of
propriety are essential to the performance of all activities
of a judge. The act of Judge A is violative of the rule that
a judge shall refrain from nancial or business dealings
that tend to reect adversely on the court's impartiality,
interfere with the performance ofjudicial activities. x x x.

In borrowing vehicles from the Ofce of the Governor,

the Judge obtained nancial ad and from the said ofce
(Concerned Lawyers of Bulacan v. Presiding Judge
Victoria Villalon-Pormillos, A.M. No. RTJ-09-2183, July 7,
2009; Burias v. Judge Mirafe Valencia, A.M. No. MTJ-07-

192
 2014 LEGAL ETHICS 193
BAR QUESTIONS AND SUGGESTED ANSWERS

1689, March 13, 2009; Sy v. Judge Oscar Dinopol, A.M.

No. RTJ—09-2189, February 1, 2011).

R is 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.

ANS: Atty. R clearly violated the rule against representing

conicting interests (Rule 15.03, Code of Professional
Responsibility). B may le an action to set aside the
judgment on the theory that if a lawyer is disqualied
from appearing as counsel for a party on account of
conict of interest, he is presumed to have improperly
and prejudicially advised and represented the party in the
conduct of the litigation from beginning to end resulting
in violation of the due process clause. He may also le 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, he can le
an action for damage for the prejudice he suffered.
 BAR Q & A
LEGAL ETHICS

The Code of Professional Responsibility is the code

of conduct for:
a. members of the Bench
b. members of the Bar
c. members of the Bench and the Bar

ANS: (b) and (c) members of the Bench and the Bar since
it provides for basic standards that members of the Bench
and Bar must comply with especially that they are bound
to obey the Constitution and the law. They are servants
of the law and have to live with and by the law.

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.

a. May Atty. C. refuse to handle the defense

of A and ask to be relieved? Explain. Fully.
b. In problem (A), if the lawyer is counsel de
parte for the accused and he learns later
after accepting the case and while trial is
ongoing that his client was indeed the
perpetrator of the crime, may the lawyer
withdraw his appearance from the case?
Why or why not?
 2014 LEGAL ETHICS 195
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS:

a. No. A lawyer shall not decide to represent a person

solely on account of his own opinion regarding the
guilt of the said person (Rule 14.01 of the Code of
Professional Responsibility). It is not the duty of a
lawyer to determine whether the accused is guilty or
not, but it is the function of the court after trial. In
fact, 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. The most important
consideration is not winning a case, but the
attainment of justice with is the primary function of
the lawyer and the law.
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
Professional Responsibility provides that “a lawyer
who has receive 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.”

The rendition of free legal service is a lawyer's:

A. moral duty
B. social obligation
C. legal mandate
 BAR Q & A
LEGAL ETHICS

ANS: (B) social obligation. Practice of law is not a

business. Its business is the rendition of public service.
Compensation is merely secondary. The attainment of
justice is of paramount importance.

Atty. D was required by Judge H of the Regional

Trial Court (RTC) of Manila to show cause why he
should not be punished for contempt of court for
shouting invectives at the opposing counsel and
harassing his witness. Assuming that there was
sufficient cause or ground, may Judge H suspend
Atty. D from the practice of law? If Judge H finds
that the actuations of Atty. D are grossly unethical
and unbecoming of a member of the bar, may
Judge H disbar Atty. D instead? Explain your
answer.

ANS: Under Section 28, Rule 138 of the Rules of Court, a

Regional Trial Court may suspend a lawyer from the
practice of law for any of the causes provided on Section
27, until further action of the Supreme Court. But it may
not disbar him, for only the Supreme Court can disbar a
lawyer pursuant to its constitutional power to admit
persons to the practice of law.

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:
A. direct contempt
 2014 LEGAL ETHICS 197
BAR QUESTIONS AND SUGGESTED ANSWERS

B. indirect contempt
C. violation of his duty to the court

ANS: (B) indirect contempt

Alternative answer: (A) direct contempt

C and D are law partners using the firm name C

and D - Attorneys-at-Law. In an administrative
case filed against C, 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. As a
result, C and D changed their firm name to Law
Office of D — Attorney-at-Law, C — Counselor, with
C handling purely counselling and office work
while D is the law practitioner. Are C and D liable
for contempt of the court? Explain your answer.
ANS: Yes, they are liable. When they adopted the rm
name of “Law Ofce of D — Attorney-at-Law, C —
Counsellor,” C and D violated the following provisions of
the Code of Professional Responsibility:

Rule 3.02 — “In the choice of a rm name, no false,

misleading or assumed name shall be used.” In including
the name D in the rm 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 indirectly,

assist in the unauthorized practice of law.”
 BAR Q & A
LEGAL ETHICS

The justication is found, not in the protection of the bar

from competition, but in the protection of the public from
being advised and represented in legal matters by
incompetent and unreliable persons over whom the
judicial department can exercise little control (Ulep v.
Legal Clinic, Inc., 223 SCRA 378 [1993]).

For his act, Attorney D may be suspended for such

conduct. C, being a non-lawyer, may be held liable for
indirect contempt of court.

Judge A accepted a gift consisting of assorted

canned goods other grocery items from his
compadre whose friend has a pending case with
him. He accepted the gift just so as not to
embarrass his compadre. When his compadre left
his chambers, he asked his secretary to donate the
gift he received to the victims of Typhoon Yolanda.
Did the judge cross the ethical line? Explain your
answer.

ANS: Yes. Judge A violated the rule 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” (Section 13, Canon 4 of the
New Code of Conduct for the Philippine
Judiciary). The rule does not qualify as to the
nature of the gift and what for. It does not
distinguish from whom it came from.
 2014 LEGAL ETHICS 199
BAR QUESTIONS AND SUGGESTED ANSWERS

Atty. M is a partner in the law firm OMP &

Associates. C, a former classmate of Atty. M
engaged the legal services of Atty. M to handle his
appeal to the Court of Appeals (CA) from an
adverse decision of the Regional Trial Court (RTC)
in his annulment case. After the notice to file brief
was issued by the CA, Atty. M met an accident
which incapacitated him from further engaging
law practice. May Atty. P, his partner in the law
firm, file the required appeal brief for C? Explain
your answer.

ANS: It depends. As a rule, the engagement of the

services of a member of a law rm is an engagement of
the services of the whole law rm. Hence, if the lawyer
assigned to handle the case dies, as in this case, the case
be should re-assigned to another member or associate of
the law rm for the ling of the brief. If the law rm fails
to do so, it would be considered negligent in the
performance of its duties to the client (B.R. Sebastian
Enterprises v. CA, 206 SCRA 28).

The above rule is true if C knew that Atty. M was a

partner in the law rm. However, if C engaged the
services of Atty. M alone, then, Atty. P may not le the
brief before the Court of Appeals without the consent of
C, since there is no attorney-client relationship.

A judge who insults counsel and shouts invectives

at a litigant is guilty of:
A. serious misconduct
 BAR Q & A
LEGAL ETHICS

B. committing acts unbecoming of a judge

C. manifest bias and partiality

ANS: (B) committing acts unbecoming of a judge.

A judge who insults counsel and shouts invectives at

litigants is guilty of committing acts unbecoming of a
judge. A judge should avoid impropriety and the
appearance of impropriety in all activities (Canon 2 of the
Code of Judicial Conduct). He likewise violated Canon 3
of the Code of Judicial Ethics which provides that a
judge's official conduct should be free from the
appearance of impropriety and his personal behavior not
only upon the bench and in the performance of official
duties but also in his everyday life, should be beyond
reproach. No other position exacts a greater demand for
moral righteousness and uprightness of an individual than
a seat in the judiciary (Asst. Special Prosecutor III
Rohermina J. Jamsani—Rodriguez v. Justices Gregory Ong,
et al., A.M. No. 08-18-SB-J, August 24, 2010).

A inherited parcel of land situated in Batasan Hills

which is occupied by informal settlers. He wanted
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 (1/2) 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?
 2014 LEGAL ETHICS 201
BAR QUESTIONS AND SUGGESTED ANSWERS

What are the respective remedies relative to the

collection of attorney's fees, if any, of A and Atty.
B against each other?

ANS: It is a champertous fee agreement since Atty. B

agreed to defray all the expenses of the action and will
be paid only if he is successful in recovering A's property.
Such agreement cannot be enforced it because it is
contrary to public policy especially where the attorney
has agreed to carry on the action at his own expense in
consideration of some bargain to have part of the thing
indispute. It violates the duciary relationship of the
lawyer and client (Bautista v. Gonzales, 182 SCRA 151;
Cadavedo v. Lacaya, G.R. No. 173188, January 15,
2014). The remedy of A is to le an action to have the
agreement declared null and void, however, Atty. B is still
be entitled to collect attorney's fees based on a quantum
meru/t. He may bring an action to collect such fees to
enforce his rights based on the reasonableness and
extent of the services rendered professional standing of
the lawyer (Lacson v. Reyes, 182 SCRA 729).

M engaged the services of Atty. D to prosecute his

annulment of marriage case in the Regional Trial
Court (RTC). After a long-drawn trial, Atty. D was
able to secure a favourable judgment from the
court. Unfortunately, M has failed to pay in full the
stipulated attorney's fees of Atty. D. How can Atty.
D collect his fees from M? Discuss fully.

ANS: He may avail of the retaining lien, which is to retain

the moneys and properties of M in his possession until he
 BAR Q & A
LEGAL ETHICS

is paid for his services, or a charging lien, which is to

charge the money judgment in the case for the payment
of his fees.

Counsel's claim for attorney's fees may be asserted either

in the very action in which the services in question have
been rendered for or in a separate action. If the rst
alternative is chosen, the court may pass upon said claim
even if its amount were less than the amount prescribed
by law for the jurisdiction of said court, upon the theory
that the right to recover attorney's fees is but an incident
of the case in which the services were rendered (Quirante
v. IAC, G.R. No. 73886, January 31, 1989; Rosario, Jr. v.
de Guzman, et al., G.R. No. 191247, July 10 2013).

A person named and appointed by the court to

defend an absentee defendant in the suit in which
the appointment is made is an:
A. attorney-in-fact
B. attorney ad hoc
C. attorney de ocio

ANS: (B) Attorney ad hoc. He is a counsel, appointed or

assigned by the court who by reason of experience and
ability may adequately defend the accused. He is
normally appointed to represent one who is indigent in a
criminal case (Bienvenu v. Factors & Traders, Inc., Co.,
33 La. Am. 209).

Will a lawyer violate the Code of Professional

Responsibility if he forms a partnership with
 2014 LEGAL ETHICS 203
BAR QUESTIONS AND SUGGESTED ANSWERS

professionals of other disciplines like doctors,

engineers, architects or accountants? Explain your
answer.

ANS: If
it is for business, he may. He may form a
partnership with other professionals as long as it is not
for the practice of law. Canon No. 9 of the Code of
Professional Responsibility (CPR) provides that “a lawyer
shall not directly or indirectly assist in the unauthorized
practice of law.” Par. 3 of Canon 33 of the Code of
Professional Ethics, expressly provides that “partnership
between lawyers and members of other professions or
non-professional persons should not be formed or
permitted where any part of the partnership's
employment consists of the practice of law. Only persons
who have been admitted to the practice of law by the
Supreme Court may practice law. It is a privilege granted
to those who are qualied.

A person who has been refused admission to the

bar by order of the Supreme Court but nonetheless
attempts to practice law is guilty of:
A. direct contempt
B. indirect contempt
C. criminal attempt
ANS: (B) Indirect contempt. Only a person duly admitted
as a member of the Bar or hereafter admitted as such in
accordance with the provisions of the Rules of Court and
who is in good standing is entitled to practice law (Sec. 1,
Rule 138, Rules of Court). The purpose of the rule is to
 BAR Q & A
LEGAL ETHICS

protect the public, the court, the client and the bar from
the incompetence or dishonesty of those unlicensed to
practice and not subject to the disciplinary control of the
court (Phil. Assn. of Free Labor Union, et al., v. Brialban
Isabela Sugar Co., et al., 42 SCRA 302 [1971]).

Judge Clint Braso is hearing a case between Mr.

Timothy and Khristopher Company, a company
where his wife used to work as one of its Junior
Executives for several years. Doubting the
impartiality of the Judge, Mr. Timothy filed a
motion to inhibit Judge Clint Braso. Judge Clint
Braso refused on the ground that his wife has long
resigned from the company. Decide.

ANS: The fact that Judge Braso's wife who 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 impartially." A judge “should exercise his decision
in a way that the people's faith in the courts of justice is
not impaired” (Pimentel v. 5a/anga, G.R. No. L-27934,
September 18, 1967, 21 SCRA 160). While it may not be
reasonable to believe that Judge Braso cannot be
impartial because his wife used to work as a Junior
Executive for Kristofer Company, the better part of
prudence would dictate that he inhibits himself from the
case involving the said company.
 2014 LEGAL ETHICS 205
BAR QUESTIONS AND SUGGESTED ANSWERS

The Integrated Bar of the Philippines (IBP) may

intervene in a case involving a matter of public law
or professional concern as:
A. friend of the court
B. amicus par excellence
C. amicus curiae

ANS: (B) Am/cus par exce//ence. It is a bar association

which appears in court as friend to expound in some
matters of law for the information of the court.

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.
A. Did Judge D commit an act of impropriety?
Explain
B. What remedy or remedies may be taken by
B's lawyer against Judge D? Discuss Fully.

ANS:

Yes, Judge D acted with impropriety. Under the New

Code of Judicial Conduct for the Philippine Judiciaw
provides “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
 BAR Q & A
LEGAL ETHICS

issue” (Sec. 4, Canon 3). In a case of similar nature, a

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 (Castillo v. Juan (G.R. No.
L-39516-17, January 28, 1975, 62 SCRA 124). The Judge
should avoid any conduct that casts doubt on his
impartiality. It is not merely a matter of judicial ethics. It
is impressed with constitutional signicance.

B's lawyer could move for the disqualication or

inhibition of the judge. If he refuses to inhibit, B can raise
the issue to a higher court by certiorari. A judge may not
be legally prohibited from sitting in a litigation. But when
suggestion is made of the record that he might be
induced to act in favor of one of party with bias or
prejudice arising out of circumstances reasonably capable
of citing such a state of mind he should conduct a careful
self-examination. He should exercise his discretion in a
way that the people's faith in the courts of justice is not
impaired.

B hired Atty. Z to file a replevin case against C for

an agreed acceptance fee of P30,000.00 which
was evidence by a written contract. After the
complaint was filed by Atty. Z, B terminated his
services and hired a new lawyer for the same
amount of attorney's fees. How much attorney's
fees, is Atty. Z entitled to?
 2014 LEGAL ETHICS 207
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: Atty. Z is entitled to the entire amount of the

attorney's fees agreed upon because his sen/ices were
terminated by the client without just cause (Sec. 26, Rule
138, Rules of Court).

A stipulation regarding the payment of attorney's fees is

neither illegal nor immoral and is enforceable, as the law
between the parties as long as such stipulation does not
contravene law, good morals, good customs, public order
or public policy (Reparations Commission v. Visayan
Packing Corp., 191 SCRA 531 [1991]; Camacho v. CA,
November 24, 1989).

Justice B of the Court of Appeals (CA) was a

former Regional Trial Court (RTC) Judge. A case
which he heard as a trial judge was raffled off to
him. The appellant sought his disqualification from
the case but he refused on the ground that he was
not the judge who decided the case as he was
already promoted to the appellate court before he
could decide the case.

Was the refusal of Justice B to refuse from the

case proper? Explain your answer.

ANS: The refusal of Justice B to recuse from the case is

improper. In the case of 5a/70’0va/ v. CA (G.R. No.
106657, August 1, 1996, 260 SCRA 283), 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
 BAR Q & A
LEGAL ETHICS

AN

A. Yes, the client is entitled to have as many lawyers as

he can afford. Professional courtesy, however,
demands that a lavwer retained as a collaborating
counsel should at least communicate with the
original counsel before entering his appearance. On
the part of the original counsel, he should not look
at the employment of a collaborating counsel as a
loss of condence in him. Instead they should
cooperate with one another inorder to protect he
interest of their client.
B. If the client insists on retaining a collaborating
counsel over and above the objection of the original
counsel, the latter may withdraw his sen/ices 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).

A. May an attorney talk to his witnesses before

and during the trial? Explain.
B. In case of postponement of the trial, whose
decision should prevail — the client or his
attorney? Explain the governing rule.

AN

A. It depends. 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
 2014 LEGAL ETHICS 211
BAR QUESTIONS AND SUGGESTED ANSWERS

of Professional Responsibility). The reason for the

second rule is that he should avoid inuencing the
testimony of his witness during the trial.
B. The postponement of the trial is the lavvyer’s
decision. Rule 19.03 of the 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.

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.

ANS: I will advise her to le an administrative case

against Judge A with the Supreme Court because he
failed to live up to the standards of morality imposed
upon him as judge.

The Code of Judicial Conduct mandates that “A judge

should be the embodiment of competence, integrity, and
independence.” He should so behave at all times, as to
promote public condence in the integrity and impartiality
of the judiciary and avoid impropriety and the
appearance of impropriety in all activities. his personal
 BAR Q & A
LEGAL ETHICS

behavior, not only while in the pen‘ormance of ofcial

duties but also outside the court, must be beyond
reproach, for he is, as he so aptly is perceived to be, the
visible personication of law and of justice (Marquez, et
al. v. Judge Victor Llamas, A.M. No. RTJ-02-1708, July
23, 2002).

A. 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 this attorney? Explain.
B. In such instance as in (A) above, can the
lawyer withdraw from the case and collect in
full his contracted attorney's fees? Why or
why not?
AN

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 jud/cata. The client
cannot refuse to honor the amicable settlement
forged by lawyer except if the lawyer acted beyond
the limits of the authority granted him by his client.
The reason for the rule is that such compromise is in
the form of a contract and pursuant to the binding
effect of contracts parties are bound to comply with
the same (Art. 1159, 1308).
B. The lawyer can withdraw from the case on the
ground that the client is pursuing an immoral or
 2014 LEGAL ETHICS 213
BAR QUESTIONS AND SUGGESTED ANSWERS

illegal course of action by not honoring a

compromise agreement validly entered into. He may
recover his contracted attorney's fees in full,
considering that he has performed all the sen/ices
required of him as a lavwer. It is his client's fault for
refusing to honor the amicable settlement entered
into.

Atty. C was hired by D to file an action against E

for recovery 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:
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

ANS: (A) His attorney's fees under their contract since he

has served his client to the termination of the case. The
contract of attorney's is the law between the client and
the lawyer. The client has to comply with the same,
othen/vise, the lawyer can le a separate action or le his
claim in the same case.

Atty. Forma is a member of the Philippine Bar. He

went to New York City, took the New York State
Bar, and passed the same. He then practice in New
York City. One of his American clients filed a case
for disbarment against him for pocketing the
 BAR Q & A
LEGAL ETHICS

money which was entrusted to him as payment for

the filing fee and other incidental expenses for his
damage suit. Atty. Forma was later disbarred for
dishonesty. Disheartened, Atty. Forma came back
to the Philippines and practiced as a lawyer. Will
his disbarment in New York be used against him
for purposes of disbarment proceeding here in the
Philippines?

ANS: Yes. Atty. Forma may be disbarred in the Philippines

if the ground for his disbarment in New York is also a
ground for disbarment in this country. But he is still
entitled to due process of law, and the foreign court's
judgment against him only constitutes pr/ma fac/e
evidence of unethical conduct as a lawyer. He is entitled
to be given an opportunity to defend himself in an
investigation to be conducted in accordance with Rule
139 of the Revised Rules of Court (In Re: Suspension
from the Practice of Law in the Terr/to/y of Guam of A ti)/.
Leon Maquera, B.M. 793, July 30, 2004, 435 SCRA 417;
Velez v. De Vera, A.C. No. 6697, July 25, 2006).

If lawyer volunteers his free legal service to

a a
poor client,
A. a lawyer-client relationship is established
between them
B. he is bound to serve his poor client with the
same degree of competence, delity, and
diligence as his paying client
 2014 LEGAL ETHICS 215
BAR QUESTIONS AND SUGGESTED ANSWERS

C. he is not justified to neglect the cause of his

client for the client's inability to defray the
costs of court litigation

ANS: (B) He is bound to sen/e his poor client with the

same degree of competence, delity, and diligence as his
paying client. The fact that an attorney volunteers his
sen/ices or that he is only a counsel de oc/'0 does not
diminish or alter the degree of professional responsibility
owed to his client (People v. Rio, 201 SCRA 702). The
reason is that a lawyer should represent his client with
zeal within the bounds of the law.

A. Can a lawyer who lacks the number of units

required by the Mandatory Continuing Legal
Education (MCLE) Board continue to practice
his profession?
B. May a lawyer be held liable for damages by his
clients for the lawyer's failure to file the
necessary pleadings to prosecute the client's
case and as a result of which the client
suffered damages?
C. Can a lawyer still practice his profession
despite having arrears in his Integrated Bar of
the Philippines (IBP) dues?

ANS:
A. Yes. He can, but they will not be able to comply with
Bar Matter N0. 1922 which requires that every
pleading led in court or a quasi-judicial body shall
 BAR Q & A
LEGAL ETHICS

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
Integrated 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 le
pleadings in court or quasi-judicial bodies.
Yes, he may be held liable. “A lawyer shall not
neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him
liable.” But attorney-client relationship,»want of
reasonable care and diligence, and injury sustained
by the client as the proximate result thereof, are the
pre-requisites to the maintenance of an action for
damages against a lawyer (Rule 18.03 of the Code
of Professional Responsibility).
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.

-—oOo--
 2015 BAR EXAMINATIONS
LEGAL ETHICS

Define the following terms:

a. counsel de oficio
b. counsel de parte
c. amicus curiae
d. attorney of record
ANS:

6. counsel de oc/0 — a lawyer appointed or assigned

by the court who by reason of experience and ability
may adequately represent or defend the accused
who cannot afford to secure the service of a la\/vyer
to represent him in a case (People v. Daban, 43
SCRA 187).

b. counsel de parte — a lawyer chosen by a party to

represent him in a case. He is the same as a counsel
of record.
c. am/cus curiae — means a friend of the court; a
lawyer appointed by the court, not to represent a
party to the case, but to advise the court on intricate
questions of law in a case that the lawyer may have
some expertise in.
d. counsel/attorney of record — a lawyer whose name
and address appears in the permanent record or
les of a case as representing a party or on the

217
 BAR Q & A
LEGAL ETHICS

pleadings or some instrument led in the case or on

the appearance docket (Reynolds v. Reynolds, 21
Cal. 2d. 580, 134. p. 2d 251, 254).

In open court, accused Marla manifested that she

had already settled in full the civil aspect of the
criminal case filed against her in the total amount
of P58,000.00. Marla further alleged that she paid
directly to private complainant Jasmine the
amount of P25,000.00. The balance of P33,000.00
was delivered to Atty. Jeremiah, Jasmine's lawyer,
evidenced by a receipt signed by Atty. Jeremiah
himself.

However, Jasmine manifested that she did not

receive the amount of P33,000.00 which Marla
turned over to Atty. Jeremiah. Despite Jasmine's
requests to turn over the money, Atty. Jeremiah
failed to do so. It was only after Jasmine already
filed an administrative complaint against Atty.
Jeremiah that the latter finally paid the
P33,000.00 to the former, but in three installment
payments of P11,000.00 each. Atty. Jeremiah
claimed that he decided to hold on to the
P33,000.00 at first because Jasmine had not yet
paid his attorney's fees. Is Atty. Jeremiah
administratively liable? Explain.

ANS: Yes. Atty. Jeremiah is administratively liable for

violating the rule which provides that “a lawyer shall
account for all money and property collected or received
by him for or from the client” (Rule 16.01 of the Code of
 2015 LEGAL ETHICS 219
BAR QUESTIONS AND SUGGESTED ANSWERS

Professional Responsibility (CPR)). His claim that he held

on to the P33,000.00 because the client Jasmine had not
yet paid his attorney's fees, is not quite correct. The rule
further says that “a lawyer shall have a lien over the
funds of the client and may apply as much thereof as
may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his
client” (Rule 16.03 of the CPR). This can be availed of by
a lawyer only if there is an agreement between him and
the client as to the amount of his attorney's fees. In this
case, there is no evidence of such agreement. In fact,
Atty. Jeremiah claimed his exercise of a retaining lien
only after an administrative case was already led against
him and that the amount is excessive.

Maria and Atty. Evangeline met each other and

became good friends at zumba class. One day,
Maria approached Atty. Evangeline for legal
advice. It turned out that Maria, a nurse,
previously worked in the Middle East. So she could
more easily leave for work abroad, she declared in
all her documents that she was still single.
However, Maria was already married with two
children. Maria again had plans to apply for work
abroad but this time, wished to have all her papers
in order. Atty. Evangeline, claiming that she was
already overloaded with other cases, referred
Maria's case to another lawyer. Maria found it
appalling that after Atty. Evangeline had learned
of her secrets, the latter refused to handle her
case.
 BAR Q & A
LEGAL ETHICS

Maria's friendship with Atty. Evangeline perma-

nently turned sour after Maria filed an
administrative case against the latter for failing to
return borrowed jewelry. Atty. Evangeline, on the
other hand, threatened to charge Maria with a
criminal case for falsification of public documents,
based on the disclosures Maria had earlier made to
Atty. Evangeline.
a. Was the consultation of Maria with Atty.
Evangeline considered privileged?
b. What are the factors to establish the
existence of attorney-client privilege?

ANS:

a. Yes. The consultation of Maria with Atty. Evangeline

is considered privileged.

Well-settled is the rule that a lavwer who incidentally was

also then a friend, to bare what she considered personal
secrets and sensitive documents for the purpose of
obtaining legal advice and assistance. The moment
complainant approached the then receptive respondent to
seek legal advice, a veritable lawyer-client relationship
evolved between the two. Such relationship imposes
upon the lawyer certain restrictions circumscribed by the
ethics of the profession. Among the burdens of the
relationship is that which enjoins the lawyer, respondent
in this instance, to keep inviolate condential information
acquired or revealed during legal consultations. The fact
that one is, at the end of the day not inclined to handle
the client's case is hardly of consequence. Of little
 2015 LEGAL ETHICS 221
Sueeesnzo ANSWERS
BAR QUESTIONS AND

moment too, is the fact that no formal professional

engagement follows the consultation. Nor will it make any
difference, that no contract whatsoever was executed by
the parties to memorialize the relationship” (Hadjula v.
Madianda, A.C. No. 6711, July 3, 2007).

b. The following are factors essential to establish the

attorney-client privilege as follows:

“(1) Where legal advice of any kind is

sought; (2) from a professional legal adviser
in his capacity as such; (3) the commu-
nication relating to that purpose; (4) made in
condence; (5) by the client; (6) are at his
instance permanently protected; (7) from
disclosure by himself or by the legal advisor;
(8) except the protection be waived.”

The Lawyer's Oath is a source of obligation and its

violation is a ground for suspension, disbarment,
or other disciplinary action. State in substance the
Lawyer's Oath.

ANS: “I, , having been

permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the
supreme authority of the Republic of the Philippines; I
will support its Constitution and obey the law as well as
the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing
of any in court; I will not wittingly or willingly promote or
sue any groundless, false or unlawful suit, nor give aid
nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according
 BAR Q & A
LEGAL ETHICS

to the best of my knowledge and discretion with all good

delity as well to the courts as to my clients; and I
impose upon myself this voluntary obligation without any
material reservation or purpose of evasion. So help me
God.”

Judge Ana P. Sevillano had an issue with the

billings for the post-paid cellular phone services of
her 16-year-old daughter for the last three cones-
cutive months. Although Judge Sevillano had been
repeatedly calling the Customer Service Hotline of
Universal Telecoms, the billings issue was never
fully settled to Judge Sevillano’s satisfaction.
Finally, Judge Sevillano wrote the National
Telecommunications Commission a letter of com-
plaint against Universal Telecoms, using her
official court stationery and signing the letter as
“Judge Ana P. Sevillano." Did Judge Sevillano
violate any professional or ethical standard for
judges? Justify your answer.

ANS: Judge Sevillano violated the rule that “judges shall

not use or lend the prestige of the judicial ofce to
advance their private interests, or those of a member of
their family or of anyone else, nor shall they convey or
permit others to convey the impression that anyone is in
a special position improperly to inuence them in the
performance of judicial duties” (Section 8, Canon 4, of
the New Code of Judicial Conduct for the Philippine
Judiciary). He likewise violated the rule that “a lawyer in
the government service shall not use his public position
to promote or advance his private interests, nor allow the
 2015 LEGAL ETHICS 223
BAR QUESTIONS AND SUGGESTED ANSWERS

latter to interfere with his public duties” (Rule 6.02 of the

Code of Professional Responsibility).

In a case of similar nature, where a Municipal Trial Court

Judge wrote a letter to a religious organization abroad,
about the complaint of one of its members, using the
stationary of his court and signing with his title of
“Judge,” the Supreme Court held that:

“In the present case, the respondent

Judge crossed the line of propriety when he
used his letterhead to report a complaint
/nvo/v/ng an a//eged v/0/at/on of church ru/es
and, possibly, of Ph/'//10p/ne /aws. Coming from
a judge with the letter addressed to a foreign
reader, such report could indeed have
conveyed the impression of official recognition
or notice of the reported violation.”

In connection with the use of the judge's title in signing

the letter, the Supreme Court held that:

“The same problem that the use of

letterhead poses, occurs in the use of the title
of Judge or Justice in the correspondence of a
member of the Judiciary. While the use of the
title is an official designation as well as an
honor that an incumbent has earned, a line
still has to be drawn based on the
circumstances of the use of the appellation.
While the title can be used for social and other
identication purposes, it cannot be used with
the intent to use the prestige of his judicial
ofce to gainfully advance his personal, family
or other pecuniary interests. Nor can the
 BAR Q & A
LEGAL ETHICS

prestige of a judicial ofce be used or lent to

advance the private interests of others, or to
convey or permit others to convey the
impression that they are in a special position
to inuence the judge. To do any of these is
to cross into the prohibited eld of
impropriety” (Ladigon v. Garong, A.M. No.
MTJ-O8-1712, August 20, 2008).

Casper Solis graduated with a Bachelor of Laws

degree from Achieve University in 2000 and took
and passed the bar examinations given that same
year. Casper passed the bar examinations and
took the Attorney's Oath together with other
successful bar examinees on March 19, 2001 at
the Philippine International Convention Center
(PICC). He was scheduled to sign the Roll of
Attorneys on May 24, 2001 but he misplaced the
Notice to Sign the Roll of Attorneys sent by the
Office of the Bar Confidant after he went home to
the province for a vacation. Since taking his oath
in 2001, Casper had been employed by several law
firms and private corporations, mainly doing
corporate and taxation work. When attending a
seminar as part of his Mandatory Continuing Legal
Education in 2003, Casper was unable to provide
his roll number. Seven years later in 2010, Casper
filed a Petition praying that he be allowed to sign
the Roll of Attorneys. Casper alleged good faith,
initially believing that he had already signed the
Roll before entering PICC for his oath-taking on
March 19, 2001.
 2015 LEGAL ETHICS 225
BAR QUESTIONS AND SUGGESTED ANSWERS

A. Can Casper already be considered a member

of the Bar and be allowed to use the title of
“attorney”? Explain.
B. Did Casper commit any professional or ethical
transgression for which he could be held
administratively liable?
C. Will you grant Casper's Petition to belatedly
sign the Roll of Attorneys? Why?

AN

6. Casper cannot already be considered a member of

the Bar and be allowed to use the title of attorney. It
is a well-settled rule that it is the act of signing the
Roll of Attorneys that makes a successful Bar
examlnee a full-edged member of the Philippine
Bar (In Re: Petition to Sign on the Roll of Attorney,
Michael A. Medada, Petitioner, B.M. No. 2540,
September 24, 2013; Aguirre v. Rana, B.M. No.
1036, June 10, 2003, 451 SCRA 428).

b. Yes. He can be held liable for unauthorized practice

of law. Canon 9 of the Code of Professional
Responsibility provides that a lawyer shall not
directly or indirectly assist in the unauthorized
practice of law.” In the Medado case, it was held
that “while a reading of Canon 9 appears to merely
prohibit lawyers from assisting in the unauthorized
practice of law, the unauthorized practice of law by
the lawyer himself is subsumed under this provision,
because at the heart of Canon 9 is the lawyer's duty
to prevent the unauthorized practice of law” (In Re:
 BAR Q & A
LEGAL ETHICS

Petition to Sign on the Roll of Attorney, Michael A.

Medada, Petitioner, B.M. No. 2540, September 24,
2013; Aguirre v. Rana, B.M. No. 1036, June 10,
2003, 451 SCRA 428).

c. I will grant Casper’s petition to belatedly sign the

Roll of Attorneys. He demonstrated good faith and
moral character in voluntarily ling his petition. He
did not wait for a third party to le a complaint
against him for his transgression. However, he
should be allowed to sign the Roll only one year
aften/vards, which is tantamount to a suspension (In
Re: Petition to Sign on the Roll of Attorney, Michael
A. Medada, Petitioner, B.M. No. 2540, September
24, 2013; Aguirre v. Rana, B.M. No. 1036, June 10,
2003, 451 SCRA 428).

Cite some of the characteristics of the legal

profession which distinguish it from business.

ANS: The primary characteristics which distinguish the

legal profession from a business are:

1. a duly public service of which emolument is a by-

product, and in which one may attain the highest
eminence without making much money;
2. a relation as ofcer of the court to the
administration of justice involving thorough sincerity,
integrity and reliability;
3. a relation to client in the highest degree of duciary;
4. a relation to colleagues characterized by candor,
fairness and unwillingness to resort to current
 2015 LEGAL ETHICS 227
BAR QUESTIONS AND SUGGESTED ANSWERS

business methods of advertising and encroachment

on their practice, or dealing directly with their clients
(In Re: Sycip, 92 SCRA 1).

VIII. Engr. Gilbert referred his friends, spouses Richard

and Cindy Maylupa, to Atty. Jane for the institution
of an action for partition of the estate of Richard's
deceased father. In a letter, Atty. Jane promised to
give Engr. Gilbert a commission equivalent to 15%
of the attorney's fees she would receive from the
spouses Maylupa. Atty. Jane, however, failed to
pay Engr. Gilbert the promised commission despite
already terminating the action for partition and
receiving attorney's fees amounting to about
P600,000.00. Engr. Gilbert repeatedly demanded
payment of his commission but Atty. Jane ignored
him. May Atty. Jane professionally or ethically
promise a commission to Engr. Gilbert? Explain.

ANS: Atty. Jane may not professionally or ethically

promise a commission to Engr. Gilbert. Rule 9.02 of the
Code of Professional Responsibility (CPR) provides that “a
lawyer shall not divide or stipulate to divide a fee for legal
sen/ices with persons not authorized to practice law.”
Only those who have been admitted to the practice of law
in accordance with the Rules of Court may practice law.
Getting a share of attorney's fees is equivalent to practice
of law.

IX.

a. Explain the doctrine of quantum meruitin

determining the amount of attorney's fees.
 BAR Q & A
LEGAL ETHICS

b. Identify the factors to be considered in

determining attorney's fees on a quantum
meruit basis.
ANS:

a. Quantum meruit means as much as the services of a

lawyer are worth. Recovery of attorney's fees on the
basis of quantum meruit is authorized when (1)
there is no express contract for the payment of
attorney's fees; (Lorenzo v. CA, 189 SCRA 260
[1990]) (2) although there is a contract for
attorney's fees, the fees stipulated are found
unconscionable by the court; (3) the contract for
attorney's fees is void due to formal defects of
execution; (4) the lawyer was not able to nish the
case for justiable cause; (5) the lawyer and the
client disregard the contract for attorney's fees; and
(6) the client dismissed his counsel or the latter
withdrew therefrom, for valid reasons.
b. The factors are those set in Rule 20.01 of the Code
of Professional Responsibility (CPR), as follows:
c. the time spent and the extent of the sen/ices
rendered or required;
d. the novelty and difculty of the questions involved;
e. the importance of the subject matter;
f. the skill demanded;
g. the probability of losing other employment as a
result of acceptance of the proffered case;
 2015 LEGAL ETHICS 229
BAR QUESTIONS AND Suooesreo ANSWERS

h. the customary charges for similar sen/ices and the

schedule of fees of the IBP chapter to which he
belongs;
i. the amount involved in the controversy and the
benets resulting to the client from the service;
j. the contingency or certainty of compensation;
k. the character of the employment, whether
occasional or established; and
l. the professional standing of the lawyer” (Lorenzo v.
CA, 189 SCRA 260 [1990]).

The spouses Manuel were the registered owners of

a parcel of land measuring about 200,000 square
meters. On May 4, 2008, the spouses Manuel sold
the land for P3,500,000.00 to the spouses Rivera
who were issued a certificate of title for said land
in their names. Because the spouses Rivera failed
to pay the balance of the purchase price for the
land, the spouses Manuel, through Atty. Enriquez,
instituted an action on March 18, 2010 before the
Regional Trial Court (RTC) for sum of money
and/or annulment of sale, docketed as Civil Case
No. 1111. The complaint in Civil Case No. 1111
specifically alleged that Atty. Enriquez would be
paid P200,000.00 as attorney's fees on a
contingency basis. The RTC subsequently promul-
gated its decision upholding the sale of the land to
the spouses Rivera. Atty. Enriquez timely filed an
appeal on behalf of the spouses Manuel before the
Court of Appeals. The appellate court found for the
 BAR Q & A
LEGAL ETHICS

spouses Manuel, declared the sale of the land to

the spouses Rivera null and void, and ordered the
cancellation of the spouses Rivera's certificate of
title for the land. The Supreme Court dismissed
the spouses Rivera's appeal for lack of merit. With
the finality of judgment in Civil Case No. 1111 on
October 20, 2014, Atty. Enriquez filed a motion for
the issuance of a writ of execution.

Meanwhile, the spouses Rivera filed on November

10, 2014 before the RTC a case for quieting of title
against the spouses Manuel, docketed as Civil
Case No. 2222. The spouses Manuel, again through
Atty. Enriquez, filed a motion to dismiss Civil Case
No. 2222 on the ground of res judicata given the
final judgment in Civil Case No. 1111.

Pending the resolution of the motion to dismiss in

Civil Case No. 2222, the RTC granted on February
9, 2015 the motion for issuance of a writ of
execution in Civil Case No. 1111 and placed the
spouses Manuel in possession of the land. Atty.
Enriquez, based on a purported oral agreement
with the spouses Manuel, laid claim to Y2 of the
land, measuring 100,000.00 square meters with
market value of Pl,750,000.00, as his “attorney's
fees. Atty. Enriquez caused the subdivision of the
land in two equal portions and entered into the
half he appropriated for himself.
 2015 LEGAL ETHICS 231
BAR QUESTIONS AND SUGGESTED ANSWERS

Based on the professional and ethical standards

for lawyers, may Atty. Enriquez claim Yiof the
land as his contingency fee? Why?

ANS: N0. Atty. Enriquez cannot claim 1/2 of the land as

his contingency fee. A lawyer cannot charge his client a
contingent fee or apercentage of the amount recovered
as his fees in the absence of an express contract to that
effect (Corpus v. Court of Appeals, G.R. No. L-40424,
June 30, 1980, 98 SCRA 424). There is no contingency
since the contract in this case contingency fee of
P200,000.00 only has been agreed upon, not over a part
of the land subject of litigation. Parties are bound by their
agreement.

The amount claimed as contingent fee is excessive and

unreasonable as the case was simple and did not require
extensive skill, effort, and research on the part of Atty.
Enriquez. In determining the reasonableness of attorney's
fees, the following may be considered: (1) importance of
the controversy; (2) extent of services rendered; (3)
professional standing of the law (Metrobank v. CA, 181
CRA 569; Lorenzo v. CA, 189 SCRA 260 [199O]).

Furthermore, Atty. Enriquez caused the division of the

land and appropriated one half thereof, pending
resolution of the motion to dismiss in Civil Case No. 2222.
This constitutes a violation of Article 1491 of the New
Civil Code, because the case in which the property
involved has not yet been terminated. It is an act
contrary to law if a lawyer acquired a property of his
client subject of litigation during the pendency of
 BAR Q & A
LEGAL ETHICS

litigation. The rule is designed to prevent the lawyer from

exerting undue inuence upon the client or take
advantage of him (The Conjugal Partnership of the
Spouse Cadavedo v. Victorino T. Lacaya, G.R. No.
173188, January 15, 2014).

Atty. Belinda appeared as counsel for accused

Popoy in a case being heard before Judge
Tadhana. After Popoy was arraigned, Atty. Belinda
moved for a resetting of the pre-trial conference.
This visibly irked Judge Tadhana and so before
Atty. Belinda could finish her statement, Judge
Tadhana cut her off by saying that if she was not
prepared to handle the case, then he could easily
assign a counsel de ociofor Popoy. Judge
Tadhana also uttered that Atty. Belinda was
wasting the precious time of the court. Atty.
Belinda tried to explain that she was capable of
handling the case but before she could finish her
explanation, Judge Tadhana again cut her off and
accused her of always making excuses for her
incompetence. Judge Tadhana even declared that
he did not care if Atty. Belinda filed a thousand
administrative cases against him.

According to Atty. Belinda, Judge Tadhana had

also humiliated her like that in the past for the
flimsiest of reasons. Even Atty. Belinda's clients
were not spared from Judge Tadhana’s wrath as
he often scolded witnesses who failed to respond
immediately to questions asked of them on the
witness stand.
 2015 LEGAL ETHICS 233
BAR QUESTIONS AND SUGGESTED ANSWERS

Atty. Belinda filed an administrative case against

Judge Tadhana. Do the acts of Judge Tadhana as
described above constitute a violation of the Code
of Judicial Conduct? Explain.

ANS: Yes. Judge Tadhana violated the Rules that:

“Sec. 6. Judges shall maintain order and

decorum in all proceedings before the court,
and be patient, dignied and courteous in
relation to litigants, witnesses, lawyers and
others with whom the judge deals in an ofcial
capacity. Judges shall require similar conduct
of legal representatives, court staff and others
subject to their inuence, direction or control”
(Section 6, Canon 6 of the New Code of
Judicial Conduct for the Philippine Judiciary).

It well-settled rule that “the duty to maintain respect

is a
for the dignity of the court applies to members of the
bench and bar alike. A judge should be courteous both in
his conduct and in his language especially to those
appearing before him. He can hold counsels to a proper
appreciation of their duties to the court, their clients and
the public in general without being petty, arbitrary,
overbearing, or tyrannical. He should refrain from
conduct that demeans his ofce, and remember that
courtesy begets courtesy. Above all, he must conduct
himself in such a manner that he gives no reason for
reproach” (Ruiz v. Bringas, A.H. No. MTJ-O0-1266, April
6, 2000, 330 SCRA 62).
 BAR Q & A
LEGAL ETHICS

a. What is the best form of advertising possible

for a lawyer?
b. What are the allowable or permissible forms
of advertising by a lawyer?

AN

a. The best form of advertising of a lawyer is a well-

merited reputation for professional capacity and
delity to trust, which must be earned as an
outcome of character and conduct (Ulep v. Legal
Clinic, Inc., Bar Matter No. 553, June 17, 1993, 223
SCRA 378 [Z012]; Linsangan v. Atty. Nicomedes).

b. 1. Publication in reputable law lists of brief

biographical and honest informative date;
2. Use of an ordinary professional business card;
3. Announcements of specialization and availability
of sen/ice in a legal journal for lawyers;
4. Seeking of appointment to a public ofce
requiring lawyers;
5. Advertising to seek full-time position as counsel
for a corporation;
6. Offering free legal service to indigents through
radio broadcasts or printed matter;
7. Announcement of opening of a law rm,
charges of personnel, rm name or ofce
address;
 2015 LEGAL ETHICS 235
Sueeesrrzo ANSWERS
BAR QUESTIONS AND

8. listings in a telephone directory.

XII. In a land registration case before Judge Lucio, the

petitioner is represented by the second cousin of
Judge Lucio's wife.
a. Differentiate between compulsory and
voluntary disqualification and determine
if Judge Lucio should disqualify himself
under either circumstance.
b. If none of the parties move for his
disqualification, may Judge Lucio
proceed with the case?

AN

3. In compulsory disqualication, the judge is

compelled to inhibit himself from presiding over a
case when any of the ground provided by the law or
the rules exist (Section 1, Rule 137 of the Revised
Rules of Court). No judge or judicial ofcer shall sit
in any case (1) in which he, or his wife or child, is
pecuniary interested as heir, legatee, creditor or
otherwise, or (2) in which he is related to either
party within the sixth degree of consanguinity or
afnity or to counsel within the fourth degree
computed according to the rules of the civil law, or
(3) in which he has been executor, administrator,
trustee or counsel, or (4) in which he has presided in
any inferior court when his ruling or decision is the
subject of review, without the written consent of all
parties in interest and entered upon the record
(Section 1, Rule 137 of the Revised Rules of Court).
 BARQ&A
LEGALETHES

Section 5, Canon 3 of the New Code of Judicial Conduct

for the Philippine Judiciary adds the following grounds:
a. the judge has actual bias or prejudice concerning
a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
b. the judge has previously served as a lawyer or
was a material witness in the matter under
controversy.

In voluntary disqualication, a judge may inhibit himself

in the exercise of his discretion. Paragraph 2, Rule 137 of
the Revised Rules of Court provides that “a judge may, in
the exercise of his sound discretion, disqualify himself
from sitting in a case, for just and valid reasons other
than those mentioned above." The New Code of
Professional Conduct for the Philippine Judiciary adds that
“judges shall disqualify themselves from participating in
any proceedings in which they are unable to decide the
matter impartially or in which it may appear to a
reasonable obsen/er that they are unable to decide the
matter impartially.”

There is no mandatory ground for Judge Lucio to

disqualify himself. The second cousin of his wife, a sixth
degree relative, is appearing not as a party but as a
counsel.
b. Ifnone of the parties moves for his disqualication,
Judge Lucio may proceed with the case. All the more
so if, without the participation of the judge, the
parties and their lawyers execute a written
agreement that Judge Lucio may proceed with the
 2015 LEGAL ETHICS 237
BAR QUESTIONS AND SUGGESTED ANSWERS

same, and such agreement is signed by them and

made a part of the records of the case.

Identify and briefly explain three of the canons

under the New Code of Judicial Conduct for the
Philippine Judiciary.

ANS: The following are examples of canons under the

New Code of Judicial Conduct for the Philippines.

Canon No. 1 — Independence. Judicial independence is a

pre-requisite to the rule of law and a fundamental
guarantee of a fair trial. A judge shall therefore uphold
and exemplify the judicial function independently on the
basis of their assessment of the facts and in accordance a
conscientious understanding of the law, free from any
extraneous, inducement, pressure, threat or interference,
direct or indirect, from any quarter or for any reason. He
should not succumb to pressure from any source. To do
so is equivalent to a case of betrayal of the public trust
reposed on a judge as an arbiter of the law and a
revelation of his or her weak moral character. A judge is
expected to be fearless in his/her pursuit to render justice
to be unafraid to displace any person, interest, or power
and to be equipped with a moral ber strong enough in
his/her ofce (Ramirez v. Corpuz-Macandog, 144 SCRA
462).

-
Canon No. 2 Integrity. Integrity is essential not only to
the proper discharge of the judicial ofce but also to the
personal demeanor of judges. The behavior and conduct
of judges must reafrm the people's faith in the integrity
 BAR Q & A
LEGAL ETHICS

of the judiciary. Justice must not be merely done but

must also be seen to be done. In the judiciary, moral
integrity is more than a cardinal value, it is a necessity.
Judges must bear in mind that the exacting standards of
conduct demanded of the ofce are designed to promote
public condence in the integrity and impartiality of the
judiciary (Fernandez v. Hamoy, 436 SCRA 186 [Z004];
Imelda R. Marcos v. Judge Fernando Pamintuan, A.M. No.
RTJ-07-2062, January 18, 2011).

Canon No. 3 — Impartiality. Impartiality is essential to the

proper discharge of the judicial ofce. It applies not only
to the decision itself but also to the process by which the
decision is made. Judges shall perform their judicial
functions without favor, bias or prejudice.

Impartiality is the capacity of a judge to apply the law

and render justice fairly, without favor, bias or prejudice.
A judge has both the duty of rendering a just decision
and a duty of doing it in a manner completely free from
suspicion as to his fairness and integrity. The appearance
of prejudice or bias can be damaging to public condence
and the administration of justice (Montemayor v.
Bermejo, Jr., A.M. No. MTJ-04-1503, March 12, 2004).

Jon served as Chief Executive Officer (CEO) of PBB

Cars, Inc. (PBB), a family-owned corporation
engaged in the buying and selling of second hand
cars. Atty. Teresa renders legal services to PBB on
a retainer basis.
 2015 LEGAL ETHICS 239
BAR QUESTIONS AND SUGGESTED ANSWERS

In 2010, Jon engaged Atty. Teresa's services for a

personal case. Atty. Teresa represented Jon in a
BP Blg. 22 casefiled against him by the spouses
Yuki. Jon paid a separate legal fee for Atty.
Teresa's services.

Jon subsequently resigned as CEO of PBB in 2011.

In 2012, Atty. Teresa led on behalf of PBB a
complaint for replevin and damages against Jon to
recover the car PBB had assigned to him as a
service vehicle. Atty. Teresa, however, had not yet
withdrawn as Jon's counsel of record in the BP
Blg. 22 case, which was still then pending.

Jon filed an administrative case for disbarment

against Atty. Teresa for representing conflicting
interests and violating the Code of Professional
Responsibility. Atty. Teresa countered that since
the BP Blg. 22 case and the replevin case are
unrelated and involved different issues, parties,
and subject matters, there was no conflict of
interest and she acted within the bounds of legal
ethics.

Is Atty. Teresa's contention tenable? Explain.

ANS: The following are tests for determining conict of
interest:
1. Whether a lawyer is duty bound to ght for an issue
or claim in behalf of one client, and at the same
time, to oppose that claim for another client.
 BAR Q & A
LEGAL ETHICS

2. Whether the acceptance of a new relation would

prevent the full discharge of his duty of undivided
loyalty to his client.
3. Whether the acceptance of a new relation would
invite suspicion of unfaithfulness or double-dealing
in the performance of his duty of delity and loyalty.

4. Whether in the acceptance of the new relation, he

would be called upon to injure his former client on a
matter that he has handled for him, or require him
to reveal information that his former client has given
to him (Buted v. Hernando, 203 SCRA 1 [1999];
Pacana, Jr. v. Atty. Maricel Pascual-Lopez, A.C. No.
8243, July 24, 2009).

Although the two (2) cases for replevin and BP Blg. 22

case she was handling for him are different, the
pendency of the two cases at the same time is likely to
invite suspicion of unfaithfulness or double-dealing in the
performance of her duty and delity to Jon, violative of
the rules of conict of interest, hence Teresa's contention
is not tenable.

Atty. Luna Tek maintains an account in the social

media network called Twitter and has 1,000
followers there, including fellow lawyers and some
clients. Her Twitter account is public so even her
non-followers could see and read her posts, which
are called tweets. She oftentimes takes to Twitter
to vent about her daily sources of stress like traffic
or to comment about current events. She also
tweets her disagreement and disgust with the
 2015 LEGAL ETHICS 241
BAR QUESTIONS AND SUGGESTED ANSWERS

decisions of the Supreme Court by insulting and

blatantly cursing the individual Justices and the
Court as an institution.
a. Does Atty. Luna Tek act in a manner
consistent with the Code of Professional
Responsibility? Explain the reasons for
your answer.
b. Describe the relationship between a
lawyer and the courts.

AN

a. Atty. Luna Tek did not act in a manner consistent

with the Code of Professional Responsibility (CPR).
Canon 11 of the Code provides that “a lawyer shall
observe and maintain the respect due to the courts
and to judicial ofcers and should insist on similar
conduct with others.” As an ofcer of the court, a
lawyer should set the example in maintaining a
respectful attitude towards the court. Moreover, he
should abstain from offensive language in criticizing
the courts. Atty. Luna Tek violated this rule in
insulting and blatantly cursing the individual Justices
and the Supreme Court in her tweets. Lawyers are
expected to carry their ethical responsibilities with
them in cyberspace (Lorenzana v. Judge Ma. Cecilia
L. Austria, A.M. No. RTJ-09-2200, April 2, 2014).

b. A lawyer is an ofcer of the court. As such, he is as

much a part of the machinery of justice as a judge
is. The judge depends on the lawyer for the proper
performance of his judicial duties. Thus, Canon 10
242 BAR Q & A
LEGAL ETHICS

enjoins a lawyer to be candid with the courts; Canon

11 requires him to show respect to judicial ofcers;
and Canon 12 urges him to exert every effort and
consider it his duty to assist in the speedy and
efcient administration of justice.”

XVII. Give three instances when a lawyer is allowed to

withdraw hisl her services.

ANS: The following are grounds for a lawyer to withdraw

his services:

a. When the client pursues an illegal or immoral course

of conduct in connection with the matter he is
handng;
b. When the client insists that the lawyer pursue
conduct violative of these canons and rules;
c. When his inability to work with co-counsel will not
promote the best interest of the client;

XVII. Atty. Javier sold a piece of land in favor of

Gregorio for P2,000,000.00. Atty. Javier drafted
the Deed of Sale with Right to Repurchase which
he and Gregorio signed on August 12, 2002. Under
said Deed, Atty. Javier represented that he had
“the perfect right to dispose as owner in fee
simple" the land and that the land is “free from all
liens and encumbrances." The Deed also stated
that Atty. Javier had two years within which to
repurchase the property. Atty. Javier turned over
the owner's copy of his certificate of title, TCT No.
 2015 LEGAL ETHICS 243
BAR QUESTIONS AND SUGGESTED ANSWERS

12121, to Gregorio. Gregorio then immediately

took possession of the land.

Atty. Javier failed to exercise his right to

repurchase within two years. Gregorio sent Atty.
Javier a letter dated April 8, 2005 demanding that
the latter already repurchase the property. Despite
receipt of Gregorio’s letter, Atty. Javier still failed
to repurchase the property. Gregorio remained in
peaceful possession of the land until July 25,
2013, when he received notice from Trustworthy
Bank informing him that the land was mortgaged
to said bank, that the bank already foreclosed on
the land, and that Gregorio should therefore
vacate the land. Upon investigation, Gregorio
discovered that Atty. Javier's TCT No. 12121 had
already been cancelled when another bank
foreclosed on a previous mortgage on the land,
but after a series of transactions, Atty. Javier was
able to reacquire the land and secure TCT No.
34343 for the same. With TCT No. 34343, Atty.
Javier constituted another mortgage on the land in
favor of Trustworthy Bank on February 22, 2002.
Gregorio was subsequently dispossessed of the
PFOPEITY.

Gregorio filed an administrative complaint against

Atty. Javier. In his defense, Atty. Javier argued
that he could not be held administratively liable as
there was no attorney-client relationship between
him and Gregorio. Moreover, the transaction was
not actually one of sale with right to repurchase,
 BAR Q & A
LEGAL ETHICS

but one of equitable mortgage, wherein he still

had the legal right to mortgage the land to other
persons.
a. If you are tasked to investigate and
report on Gregorio's administrative
complaint against Atty. Javier, what will
be your recommendation and finding?
b. In the same administrative case, may
Atty. Javier be ordered to return the
P2,000,000.00 purchase price to
Gregorio? Explain.

AN S:

a. I would recommend that Atty. Javier be sanctioned.

He committed an act of gross dishonesty and deceit
against the complaint (Canon 1, Rule 1.01, Code of
Professional Responsibility).

In a case of similar nature, the Supreme Court ruled:

“Respondent dealt with complainant with

bad faith, falsehood, and deceit when he
entered into the “Deed of Sale with Right to
Repurchase” dated December 2, 1981 with the
latter. He made it appear that the property
was covered by TCT N0. T-662 under his
name, even giving complainant the owner's
copy of the said certicate of title, when the
truth is that the said TCT had already been
cancelled some nine years earlier by TCT No.
T-3211 in the name of PNB. He did not even
care to correct the wrong statement in the
 2015 LEGAL ETHICS 245
BAR QUESTIONS AND SUGGESTED ANSWERS

deed when he was subsequently issued a new

copy of TCT No. T-7235 on January 4, 1982,
21 days or barely a month after the execution
of the said deed. All told, respondent clearly
committed an act of gross dishonesty and
deceit against complainant (Canon 1 and Rule
1.01 of the Code of Professional Responsi-
bi|ity).”

Furthermore, the Court held that:

“The action of respondent in connection

with the execution of the “Deed of Sale with
Right to Repurchase” clearly fall within the
concept of unlawful, dishonest, and deceitful
conduct. They violate Article 19 of the Civil
Code. They show a disregard for Section 63 of
the Land Registration Act. They also reect
bad faith, dishonesty, and deceit on
respondent's part. Thus, respondent deserves
to be sanctioned” (Saladaga v. Atty. Arturo
Astorga, A.C. No. 4697, November 25, 2014)
b. No, Atty. Javier may not be ordered to return the
P2,000,000.00 to Gregorio in the administrative case
since it is a civil liability which is best determined in
a civil action for collection of sum of money. The
sole issue in an administrative proceeding is whether
or not the respondent deserves to remain a member
of the Bar. The award of P8,000,000.00 cannot even
be an incident in the administrative case (Concep-
cion and Blesilda S. Concepcion v. Atty. Elmer A.
Dela Rosa, A.C. No. 10681, February 3, 2015).
 BAR Q & A
LEGAL ETHICS

What are the grounds for disbarment or

suspension from office of an attorney?
b. If Atty.Babala is also admitted as an attorney
in a foreign jurisdiction, what is the effect of
his disbarment or suspension by a competent
court or other disciplinary authority in said
foreign jurisdiction to his membership in the
Philippine Bar?

ANS:

a. The grounds for suspension or disbarment of a

lawyer are “any deceit, malpractice or other gross
misconduct in such ofce, grossly immoral conduct,
or by reason of conviction of a crime involving moral
turpitude, or for any violation of the oath which he is
required to take before admission to practice, or for
a willful disobedience appearing as an attorney for a
party or to a cause without authority to do so.” The
practice of soliciting cases for the purposes of gain,
either personally or through paid agents or brokers
constitutes malpractice (Sec. 27, Rule 138).
b. He may also be disbarred or suspended in the
Philippines, if the ground for his suspension or
disbarment in a foreign jurisdiction is also a ground
for suspension or disbarment in the Philippines. He
is, however, still entitled to notice and hearing, and
the decision of the foreign tribunal will only be pr/ma
fac/e evidence of his guilt but he is entitled to due
process (In Re: Suspension from the Practice of Law
in the Territow of Guam of Atty. Leon Maquera, B.M.
 2015 LEGAL ETHICS 247
BAR QUESTIONS AND SUGGESTED ANSWERS

793, July 30, 2004; 438 SCRA 417; Velez v. De Vera,

A.C. No. 6697, July 25, 2006).

Cecilio is one of the 12 heirs of his father Vicente,

who owned an agricultural land located in Bohol.
Cecilio filed a complaint charging Judge Love Koto
with abuse of discretion and authority for
preparing and notarizing a document entitled
“Extra-Judicial Partition with Simultaneous Deed
of Sale” executed by Cecilio's mother Divina and
brother Jose. Jose signed the Deed on his own
behalf and purportedly also on behalf of his
brothers and sisters, including Cecilio. Cecilio
though alleged that in his Special Power of
Attorney, he merely granted Jose the authority to
mortgage said agricultural land but not to
partition, much less to sell the same. Judge Koto
contended that in a municipality where a notary
public is unavailable, a municipal judge is allowed
to notarize documents or deeds as ex o'ici0
notary public. He claimed that he acted in good
faith and only wanted to help. Did Judge Koto
violate any rules? Discuss.

ANS: Municipal Trial Court judges are notaries public ex

ofic/0; however, they may notarize only such document
as are related to their functions. The exception to this is
that, in remote municipalities where there is no notary
public available, an MTC judge may notarize a private
document provided that he shall state in his certication
the absence of a notary public in the municipality, and
 BAR Q & A
LEGAL ETHICS

that the notarial fees should be paid to the Municipal

Treasurer.

Even if this case can fall under the exception, Judge Koto
should not have notarized the “Extra-Judicial Partition
with Simultaneous Deed of Sale” because not all the
parties concerned signed and appeared before him. A
notaiy public should not notarize a document unless the
persons who signed the same are the very same persons
who executed and personally appeared before him to
attest to the contents and the trust of what is stated
therein. Mere acts of the afants cannot be delegated
because what are stated therein are facts, they have
personal knowledge of and are not personally sworn to.
Otherwise, their representatives’ names shall appear on
the said documents as the ones who executed the same
(Salita v. Atty. Reynaldo Salve, A.C. No. 8101, February
4, 2010). In the particular case of Cecilio, his brother
Jose signed for him purportedly on the basis of Special
Power of Attorney. Judge Koto should have asked for the
production of the Special Power of Attorney and
determined whether or not Cecilio indeed authorized Jose
to sign the deed of partition and sale on his behalf.

Judge Junior attended the 50th birthday party of

his fraternity brother, Atty. Vera. Also present at
the party was Atty. Rico who was Atty. Vera's
classmate way back in high school and who was
handling Civil Case No. 5555 currently pending
before Judge Junior's court. Well-aware that Atty.
Rico had a case before his sala, Judge Junior still
sat next to Atty. Rico at a table, and the two
 2015 LEGAL ETHICS 249
BAR QUESTIONS AND Suoeesreo ANSWERS

conversed with each other, and ate and drank

together throughout the night. Since Atty. Vera
was a well-known personality, his birthday party
was featured in a magazine. The opposing party to
Atty. Rico's client in Civil Case No. 5555, while
flipping through the pages of the magazine, came
upon the pictures of Judge Junior and Atty. Rico
together at the party and used said pictures as
bases for instituting an administrative case
against Judge Junior. Judge Junior, in his answer,
reasoned that he attended Atty. Vera's party in his
private capacity, that he had no control over who
Atty. Vera invited to the party, and that he and
Atty. Rico never discussed Civil Case No. 5555
during the party. Did Judge Junior commit an
administrative infraction? Explain.

ANS: The New Code of Conduct for the Philippine

Judiciary provides that “judges shall, in the personal
relations with individual members of the legal profession
who practice regularly in their court, avoid situations
which might reasonably give rise to the suspicion of
favoritism or partiality” (Section 3, Canon 4). The act of
Judge Junior in sitting next to Atty. Rico, a lawyer whom
he knows had a case before his sala, and dining and
conversing with him throughout the night, violates the
foregoing rule. It tends to give rise to suspicion of
partiality. It is improper conduct for which he may be
reprimanded. A judge should be like Caesar's wife that he
must not only be pure, but he must appear to be so. A
judge must see to it that in his dealings with the public,
there must be no /‘no’/c/a of suspicion (Palang v. Zosa, 58
250 BAR Q & A
LEGAL ETHICS

SCRA 776; Martinez v. Gironella, 65 SCRA 245; Atty.

Conrado Gandez v. Judge Maria Clarita Tabin, A.M. No.
MTJ-09-1736, July 25, 2011).

XX

a. Describe briefly the Mandatory Continuing

Legal Education (MCLE) for a member of the
Integrated Bar of the Philippines and the
purpose of the same.
b. Name three parties exempted from the MCLE.

ANS:

a. Mandatory Continuing Legal Eduction (MCLE) is a

rule promulgated by the Supreme Court requiring all
lawyers, with a few exceptions, to earn 36 units of
legal education every three years. Its purpose is to
ensure that members of the bar keep abreast with
law and jurisprudence, maintain the ethics of the
profession, and enhance the standards of the
practice of law.
b. The following are exempted from the MCLE:
1. President and Vice-President, Secretaries and
Undersecretaries of Executive Department;
2. Senators and Members of the House of
Representatives;
3. Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired
members of the Judicial and Bar Council,
 2015 LEGAL ETHICS 251
BAR QUESTIONS AND SUGGESTED ANSWERS

incumbent court lawyers covered by the

Philippine Judicial Academy;

4. Chief State Counsel, Chief State Prosecutor;

and Assistant Secretaries of the Department of
Justice;
5. Solicitor General and Assistant Solicitor General;
6. Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
7. Chairman and Members of Constitutional
Commission;
8. The Ombudsman, over-all Deputy Ombudsman,
Deputy Ombudsman and Special Prosecutor of
the Ofce of the Ombudsman;
9. Heads of government agencies exercising
quasi-judicial functions;
10. Incumbent deans, bar reviewers and professors
of law who have teaching experience for at
least ten years in accredited law school;
11. The Chancellor, Vice-Chancellor and members
of the Corps of Professor and Professional
Lecturers of the Philippine Judicial Academy.

XXIII.Atty. Billy, a young associate in a medium-sized

law firm, was in a rush to meet the deadline for
filing his appellant's brief. He used the internet for
legal research by typing keywords on his favorite
search engine, which led him to many websites
containing text of Philippine jurisprudence. None
of these sites was owned or maintained by the
 BAR Q & A
LEGAL ETHICS

Supreme Court. He found a case he believed to be

directly applicable to his client's cause, so he
copied the text of the decision from the blog of
another law firm, and pasted the text to the
document he was working on. The formatting of
the text he had copied was lost when he pasted it
to the document, and he could not distinguish
anymore which portions were the actual findings
or rulings of the Supreme Court, and which were
quoted portions from the other sources that were
used in the body of the decision. Since his deadline
was fast approaching, he decided to just make it
appear as if every word he quoted was part of the
ruling of the Court, thinking that it would not be
discovered. k

Atty. Billy's opponent, Atty. Ally, a very

conscientious former editor of her school's law
journal, noticed many discrepancies in Atty. Billy's
supposed quotations from the Supreme Court
decision when she read the text of the case from
her copy of the PhUippine Reports. Atty. Billy
failed to reproduce the punctuation marks and
font sizes used by the Court. Worse, he quoted the
arguments of one party as presented in the case,
which arguments happened to be favorable to his
position, and not the ruling or reasoning of the
Court, but this distinction was not apparent in his
brief. Appalled, she filed a complaint against him.
a. Did Atty. Billy fail in his duty as a lawyer?
What rules did he violate, if any?
 2015 LEGAL ETHICS 253
BAR QUESTIONS AND SUGGESTED ANSWERS

b. How should lawyers quote a Supreme

Court decision?

AN S:

a. Yes, Atty. Billy has violated the following rules of the

Code of Professional Responsibility (CPR):

A lawyer shall not do any falsehood, nor consent to

the doing of any in court; nor shall he mislead or
allow the Court to be misled by any artice (Rule
10.01).
A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of
a decision or authority, or knowingly cite a law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved (Rule 10.02).

b. They should be verbatim reproductions of the

Supreme Court's decision, down to the last word and
punctuation mark (Insular Life Assurance Co., Ltd.,
Employees Association v. Insular Life Assurance Co.,
Ltd., G.R. No. L-25291, January 30, 1971, 37 SCRA
244). A lawyer may be punished in contempt by
deliberately changing the provisions of a law in order
to mislead the court (Daiparine, Jr. v. CA, 221 SCRA
503 [1993]; Comelec v. Hon. Noynay, et al., G.R.
No. 132365, July 9, 1998).
254 BAR Q & A
LEGAL ETHICS

XXIV. An anonymous letter addressed to the Supreme

Court was sent by one Malcolm /\$a concerned
citizen, complaining against Judge Hambog,
Presiding Judge of the RTC of Mahangin City,
Branch 7. Malcolm X reported that Judge Hambog
is acting arrogantly in court; using abusive and
inappropriate language; and embarrassing and
insulting parties, witnesses, and even lawyers
appearing before him. Attached to the letter were
pages from transcripts of records in several cases
heard before Judge Hambog, with Judge Hambog's
arrogant, abusive, inappropriate, embarrassing
and/or insulting remarks or comments high-
lighted.
a. Will the Court take cognizance of the
letter-complaint even coming from an
anonymous source? Explain.
b. Describe briefly the procedure followed
when giving due course to a complaint
against an RTC judge.
ANS:

3. Yes. The Revised Rules of Court provides that

proceedings for the discipline of judges of regular
and special courts, and Justices of the Court of
Appeals and the Sandiganbayan, may be instituted
“upon an anonymous complaint, supported by public
records of indubitable integrity” (Section 1, Rule
140).
 2015 LEGAL ETHICS 255
BAR QUESTIONS AND SUGGESTED ANSWERS

Under the Rules, if the complaint is sufcient in form

and substances, a copy thereof shall be sent to the
respondent, and he shall be required to comment
within 10 days from date of service. Upon the ling
of the respondent's comment, the Supreme Court
shall refer the matter to the Ofce of the Court
Administrator for evaluation, report and recom-
mendation, or assign the case to a Justice of the
Court of Appeals, for investigation, report and
recommendation. The investigating Justice shall set
a date for the hearing and notify the parties thereof,
and they may present evidence, oral or
documentary, at such hearing. The investigating
Justice shall terminate the investigation within 90
days from its commencement, and submit his report
and recommendation to the Supreme Court within
30 days from the termination of the investigation.
The Supreme Court shall take action on the report
as the facts and the law may warrant (Rule 140).

--o0o--
 2016 BAR EXAMINATIONS
LEGAL ETHICS

I
Q— State the duties of a lawyer imposed by the
Lawyer's Oath.

ANS: The following are the duties of a lawyer imposed by the

lavvyer’s oath:

1. To maintain allegiance to the Republic of the

Philippines.
2. To support its Constitution.

3. To obey the laws as well as the legal orders of the

duly constituted authorities.
4. To do no falsehood nor consent to the doing of the
same in any court.

5. Not to wittlngly or willingly promote or sue any

groundless, false or unlawful suit, nor to give nor to
consent to the doing of the same.
6. To delay no man for money or malice.

7. To conduct himself as a lawyer according to the best

of his knowledge and discretion, with all good delity
to the courts as to his clients.
8. To impose upon himself that voluntary obligation
without any mental reservation or purpose of evasion.

256
 2016 LEGAL ETHICS 257
BAR QUESTIONS AND SUGGESTED ANSWERS

II
— State at least five (5) instances where judges
should disqualify themselves from participating in
any proceedings where their impartiality might
reasonably be questioned.

ANS: The following are ve (5) instances provided in

Section 5, Canon 3 of the New Code of Conduct for the
Philippine Judiciary:
a. The judge has actual bias or prejudice
concerning a party or personal knowledge of
dispute evidentiary facts concerning the
proceedings;
b. The judge previously served as a lawyer or was
a material witness in the matter of controversy;

c. The judge or a member of his or her family has

an economic interest in the outcome of the
matter in controversy;
d. The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter
in controversy, or a former associate of the
judge served as counsel during their association,
or the judge or lawyer was a material witness
therein;
e. The judge is related by consanguinity or afnity
to a party litigant within the sixth civil degree or
to counsel within the fourth civil degree; or
258 BAR Q & A
LEGAL ETHICS

Section 1, Rule 137, of the Revised Rules of Court,

provides for similar grounds.

III
— Differentiate “retaining |ien" from “charging lien.”

ANS: A retaining lien gives the lawyer the right to retain

the funds, documents and papers of the client which
have lawfully come into his possession, until his lawful
fees and disbursements have been paid. A charging lien
is a lien upon all judgments for payment of a sum of
money and executions thereof, to ensure payment of his
fees and disbursements in the said case.

A retaining lien is a passive lien; the lawyer is not

required to perform any act except to hold on to the
client's funds, documents and papers until his fees and
disbursements are paid. A charging lien is an active lien;
the lawyer is required to le a motion in court, with copy
served on the adverse party, to have a statement of his
claim to such fees and disbursements charged or
attached to the decision in such case and executions
thereof.

A retaining lien is a general lien; it may be resorted to in

order to secure payment of the lawyer's fees in all the
cases he has handled and services he has rendered to
the client. A charging lien is a special lien; it can be
utilized for the purpose of collecting only the unpaid fees
and disbursements of the lawyer in the case where the
judgment for a sum of money may be secured.
 2016 LEGAL ETHICS 259
BAR QUESTIONS AND Sueeesrso ANSWERS

IV

a. A sign was posted at the building where the law

office of Atty. Redentor Walang-Talo is located.
The sign reads:

Atty. Redentor A. Walang-Talo

Chairman, IBP Legal Aid Committee
Makati City IBP Chapter
Free conciliation, mediation and court representation
Suite 210, Galaxy Building, J. P. Rizal Street, Makati City

Does the posting constitute solicitation?

ANS: (a) No. There is nothing wrong with this

advertisement as it does not constitute solicitation. The
statement that he is the chairman of the IBP Legal Aid
Committee is factual and true. Canon 27 of the Canons of
Professional Ethics states that “memberships and offices
in bar associations and committees thereof” may be
included in a lawyer's advertisement. The statement that
he gives free consultation, mediation and court
representation services is for the purpose of promoting
the IBP Legal Aid Committee.

b. Suppose the sign reads:

Atty. Redentor A. Walang-Talo

Attorney and Counselor-at-Law
General Practitioner
(Accepts pro bono cases pursuant to the IBP Legal
Aid Program)

Does the posting constitute solicitation?

260 BAR Q & A
LEGAL ETHICS

ANS: (b) This does not constitute solicitation. The lawyer

does not claim to be a specialist, but only a “general
practitioner". The statement that he accepts pro bono
cases is not for the purpose of promoting his “business”,
as “pro bond’ means “for free.” Practice of law is a social
obligation of a lawyer, the attainment of justice of which
is its principal objective.

Solicitation is proper if it is compatible with the dignity of

the legal profession. If made in a modest and decorous
manner, it would bring no injury to the lawyer and to the
bar. The use of simple signs stating the name and names
of the lawyers, the ofce and residence address and
elds of practice, as well as establishment in legal
periodicals bearing the same brief data are permissible.
The use of cards is now acceptable (Atty. Khan, Jr. v.
Simbillo, August 19, 2003; Linsangan v. Atty. Nicomedez
Tolentino, A.C. No. 672, September 4, 2009).

— Constantino was accused of estafa by Hazel, the

wife of Judge Andres, for misappropriating the
ring she entrusted to him. Since Judge Andres was
present when Hazel handed the ring to
Constantino, he was compelled by his wife to
testify as a witness for the prosecution in the
criminal case. Did the judge commit any violation
of the New Code of Judicial Conduct for the
Philippine Judiciary? Explain.
 2016 LEGAL ETHICS 261
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: Yes. “Judges shall not participate in the

determination of a case in which any member of their
family represents a litigant or is associated in any manner
with the case” (Section 4, Canon 4 of the New Code of
Judicial Conduct for the Philippine Judiciary). Judge
Constantino’s appearance as a witness in the criminal
case in which his wife was the offended party is violative
of this rule. It may also be violative of Section 3, Canon
1, which provides that “judges shall refrain from
influencing in any manner the outcome of litigation or
dispute pending before another court or administrative
agency.”

The cardinal rule is that a judge should avoid impropriety

in all activities. A judge should refrain from inuencing in
any manner the outcome of litigation pending in another
court” (Canon 2, Rule 2.4). interference by members of
the Bench n pending suits with the end in view of
inuencing the course as the result of litigation does not
only subvert the independence of the judiciary but also
undermines the people's faith in its integrity and
impartiality (Impao v. Makilala, A.M. No. MTJ-88-184, 178
SCRA 541 [1989]).

VI
- Andrew engaged the services of Atty. Juju under a
contingent fee agreement to help him file a
complaint for damages against his employer,
Wilkon Shipping, Inc. Atty. Juju handled Andrew's
case for two (2) years before the Labor Arbiter and
the National Labor Relations Commission (NLRC),
262 BAR Q & A
LEGAL ETHICS

filing the necessary pleadings and attending

several hearings. The complaint, however, was
dismissed. To improve his chances, Andrew
replaced Atty. Juju with Atty. Jen, who eventually
succeeded in getting a favorable decision from the
Court of Appeals, which became final. When
Andrew's claims were satisfied by Wilkon, Atty.
Juju led a collection suit against him claiming
that he (Atty. Juju) is entitled to attorney's fees
for the services he rendered for two (2) years. Will
the collection suit prosper? Explain.

ANS: No. The agreement for attorney's fees between

Andrew and Atty. Juju was a contingent fee agreement. A
contingent fee agreement is one in which the lawyer will
be paid a fee only when he is successful in handling the
case of the client. It is an agreement whereby the fee,
usually a xed percentage of what may be recovered is
dependent upon the success of the action which is a valid
agreement in this jurisdiction (Law Firm of Raymundo
Armovlt v. CA, et al., G.R. No. 90983, September 27,
1991; Canlas v. CA, 164 SCRA 160). In this case, Atty.
Juju was not successful in handling the case of Andrew.
It was Atty. Jen who won the case for the client hence,
he is not entitled to attorney's fees.

VII
— Apollo hired Atty. Dennis to file an action for
damages. Since Apollo has no money, he entered
into a contingent fee agreement where Atty.
Dennis will shoulder all expenses of litigation and
 2016 LEGAL ETHICS 263
BAR Qurzsrrorrs AND SUGGESTED ANSWERS

will not charge for legal services. In case of a

favorable decision, Apollo agreed to transfer to his
lawyer a lot in Cebu. Eventually, Apollo won the
case. Atty. Dennis asked Apollo to execute the
deed of sale, but the latter refused upon advice of
a friend that the agreement is illegal. Due to
threats of legal action by his lawyer, Apollo filed a
complaint before the Supreme Court alleging that
the agreement is a champertous contract. Rule on
the legality of the agreement on contingent fee
and the propriety of getting the property of Apollo.
Explain.

ANS: The contract for attorney's fees is a champertous

agreement. A champertous agreement is similar to a
contingent agreement wherein the lawyer will be paid
only if he is successful in handling the case. But what
makes it champertous is the provision, as in this case,
that the lawyer will shoulder all the expenses of litigation.
That makes the lawyer a businessman who invested in
the case in the hope that he will prot from such
investment. A contingent fee contract is valid, while a
champertous agreement is invalid.

With respect to the acquisition by Atty. Dennis of Apollo's

property in Cebu, the same will not be in violation of
Article 1491 of the New Civil Code, if the contract was
simply a contingent fee contract. The property in Cebu
was not involved in the case that Atty. Dennis handled,
and the lot will not be transferred to Atty. Dennis until
the case was terminated. What is prohibited of a lawyer
is to take properties of clients, subject of litigation during
264 BAR Q & A
LEGAL ETHICS

the pendency of the litigation. The rule is founded on

public policy, to avoid undue inuence which the lawyer
may exert against the client.

VIII
- Arthur hired Atty. Jojo to file a complaint for the
collection of P500,000.00. He agreed to pay Atty.
Jojo the amounts of P100,000.00 as acceptance
fee and P100,000.00 as success fee. Arthur paid
P50,000.00 as partial payment of the acceptance
fee with the promise to pay the balance of
P50,000.00 after presentation of Arthur's
evidence. During the pre-trial, the defendant paid
to Atty. Jojo the amount of P100,000.00 as partial
payment of his debt. Considering that he has not
yet been paid of the balance of his acceptance fee,
Atty. Jojo applied P50,000.00 to the balance of the
acceptance fee and the remaining P50,000.00 was
deposited in his bank account for safekeeping.
Despite the lapse of one (1) month, Arthur was not
informed of the payment. Arthur sued Atty. Jojo
for keeping the money and argues that the latter
violated the rules under Canon 16 of the CPR that
a lawyer shall hold in trust all monies of his client
that may come into his possession. Atty. Jojo
claims he has a lien on the monies paid to him by
the defendant. Rule on the complaint and explain.

ANS: Atty. Jojo violated Canon 16 of the Code of

Professional Responsibility which provides that “a lawyer
shall hold in trust all moneys and properties of his client
 2016 LEGAL ETHICS 265
BAR QUESTIONS AND SUGGESTED ANSWERS

that may come into his possession,” and Rule 16.01,

which provides that “a lavwer shall account for all money
or property collected or received for or from the client.”
The relationship between the lawyer and client is highly
duciary and prescribes on the lawyer a great delity and
good faith, hence, he has to account for the money
collected for and from his client (Navarro v. Solidum, Jr.,
725 Phil. 538 [2014]. His failure to return gives rise to the
presumption that he has appropriated the same
(Adrimisin v. Atty. Javier, 532 Phil. 639 [2006]). While
Rule 6.03 provides that a lawyer shall have a lien over
the funds of his client and may apply so much thereof as
may be necessary to satisfy his lawful fees and
disbursements, this rule is applicable only if there is an
agreement between the lawyer as to the payment of his
fees and the client is notied of the receipt of payment
for him. In this case, there was no notice of the payment
made to the client, and no agreement as to when the
balance of the former's acceptance fee should be made.
In fact, Arthur promised to pay the same after
presentation of his evidence. When Atty. Jojo deposited
the balance of P50,000.00 in his bank account, he
violated Rule 16.02 which provides that “a lawyer shall
keep the funds of each client separate and apart from his
own and with those of others kept by him.” Such act
smacks of appropriation of money belonging to his client
(Yuzon v. Atty. Arnulfo M. Agleron, A.C. No. 106684,
January 24, 2018, Peralta, J).
266 BAR Q & A
LEGAL ETHICS

IX

— Atty. Tristan filed a motion to disqualify Judge

Robert from hearing a civil case on the ground
that the latter was the classmate and fraternity
brother of Atty. Mark, Atty. Tristan's opposing
counsel. Judge Robert denied the motion on the
ground that under Rule 3.12 of the Code of
Judicial Conduct, he is not required to inhibit in all
cases where his classmates and fraternity brothers
are participating lawyers in cases before him. Is
Judge Robert correct in denying the motion?

ANS: Judge Robert is correct in denying the motion for

inhibition. That one of the counsels in a case was a
classmate of the judge is not a mandatory ground for his
disqualication (Vda. de Bonifacio v. BLT Bus Co., Inc.,
G.R. No. L-26810, August 31, 1970, 34 SCRA 618; Santos
v. Lacurom, A.M. No. RTJ-04-1823, August 28, 2006).
However, he may inhibit on the discretionary ground that
his refusal to inhibit may reasonably cause the parties to
lose trust and condence on the court. The issue of
voluntary inhibition is primarily a matter of conscience
and sound discretion on the part of the judge. The
discretion given to trial judges is an acknowledgment of
the fact that these judges are in a better position to
determine the issue of inhibition as they are the ones
who deal directly with parties-litigations in their
courtrooms (Gutang v. CA, G.R. No. 124760, July 8,
1998). In fact, this can be a test of integrity of the judge
if he can decide the case fairly even if the counsel was
his classmate.
 2016 LEGAL ETHICS 267
BAR QUESTIONS AND SUGGESTED ANSWERS

— Atty. Harold wrote in the Philippine Star his view

that the decision of the Supreme Court in a big
land case is incorrect and should be re-examined.
The decision is not yet final. Atty. Alfonso, the
counsel for the winning party in that case, filed a
complaint for disbarment against Atty. Harold for
violation of the sub judice rule and Canon 11 of
the CPR that a lawyer shall observe and maintain
the respect due to the courts. Explain the sub
Judice rule and rule on the disbarment case.

ANS: The sub jua'/'ce rule restricts comments and

disclosures pertaining to pending judicial proceedings, not
only by participants in the pending case, members of the
bar and bench, litigants and witnesses, but also to the
public in general, which necessarily includes the media, in
order to avoid prejudging the issue, influencing the court,
or obstructing the administration ofjustice. A violation of
this rule may render one liable for indirect contempt
under Sec. 3[d], Rule 71 of the Rules of Court. The
rationale for the sub judice rule is that courts, in the
decision of issues of facts should be decided upon
evidence produced in court; and that the determination
of such facts should be uninuenced by bias, prejudice or
symphaties (Marantan v. Diokno, G.R. No. 205956,
February 12, 2014, 716 SCRA 164). After a case is
decided, however, the decision is open to criticism,
subject only to the condition that all such criticism shall
be bona de, and shall not spill over the walls of decency
and propriety (In Re: Show Cause Order in the Decision
268 BAR Q & A
LEGAL ETHICS

dated May 11, 2018 in G.R. No. 237428; Rep. v. Sereno,

A.M. No. 18-06-01-SC, July 17, 2018, Tijam, J).

“A wide chasm exists between fair criticism, on the one

hand, and abuse and slander of courts and the judges
thereof, on the other. Intemperate and unfair criticism is
a gross violation of the duty of respect to courts. It is
such a misconduct that subjects a lawyer to disciplinary
action” (In Re: Almacen, G.R. No. L-27654, February 18,
1970, 31 SCRA 562).

Since the publication is inappropriate as it violated the

subjudice rule. Atty. Harold may be penalized for indirect
contempt of court.

XI

— George, an American citizen doing business in the

Philippines, bought a lot in Manila and secured the
services of Atty. Henry for the execution of the
required documents. Atty. Henry prepared a Deed
of Sale of Land using the name of George's friend,
Pete, as the buyer. In order to protect George's
interests and ensure his free and undisturbed use
of the property for an indefinite period of time,
Atty. Henry also prepared a Counter Deed of Sale
and Occupancy Agreement signed by Pete in favor
of George. A competitor of George filed a
complaint for disbarment against Atty. Henry on
the ground that he violated the Constitution and
the CPR. Rule on the complaint and explain.
 2016 LEGAL ETHICS 269
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: I would rule in favor of the complainant especially

so, that a foreigner, by reason of public policy and under
the Constitution cannot own land in the Philippines. In
preparing an Occupancy Agreement, the lawyer advised
and aided a foreigner in circumventing the constitutional
prohibition against foreign ownership of land, thus, the
lawyer used his knowledge of the law to achieve an
unlawful end, which amounts to malpractice in his ofce,
for which he may be suspended (Danton v. Tansingco,
A.C. No. 6057, June 27, 2006, 493 SCRA 1). In fact, he
violated the rule that a lawyer shall do no falsehood or
consent to the doing of the same. In doing so, he can be
penalized.

XII
— Jaybee engaged the services of Atty. Pete to
defend him in a criminal case for murder. During
trial, when the defense was presenting its
evidence, Jaybee admitted to Atty. Pete that he
killed the victim in the case. Atty. Pete withdrew
from the case. Jaybee sued Atty. Pete for
disbarment alleging that the latter violated Canon
15 of the CPR that “a lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his client" and Canon 17 of the
CPR that “a lawyer owes fidelity to the cause of
his client and he shall be mindful of the trust and
confidence reposed in him." Rule on the case and
explain.
 BAR Q & A
LEGAL ETHICS

ANS: I will rule in favor of Atty. Pete. A lavwer’s duty of

entire devotion to his client's cause must be performed
within the bounds of the law. Canon 19 of the Code of
Professional Responsibility (CPR) provides that “a lawyer
shall represent his client with zeal within the bounds of
the law.” Canon 15 of the Canons of Professional Ethics
also provides that:

“The lawyer owes ‘entire devotion to the

interest of the client, warm zeal in the
maintenance and defense of his rights and the
exertion of his utmost learning and ability,’ to
the end that nothing be taken or be withheld
from him, save by the rules of law, legally
applied. No fear of judicial disfavor or public
popularity should restrain him from the full
discharge of his duty. In the judicial forum the
client is entitled to the benet of any and
every remedy and defense that is authorized
by the law of the land, and he may expect, his
lavwer to assert every such remedy or
defense. But it is steadfastly to be borne in
mind that the great trust of the lawyer is to be
performed within and not without the bounds
of the law. The ofce of the attorney fees
does not permit, much less does it demand of
him for any client, violation of law or any
manner of fraud or chicanery. He must obey
his own conscience and not that of his client.”

Moreover, Rule 19.02 of the Code of Professional

Responsibility provides that “a lawyer who has received
information that his client has in the course of his
representation, perpetuated fraud upon a person or
 2016 LEGAL ETHICS 271
BAR QUESTIONS AND SUGGESTED ANSWERS

tribunal, shall promptly call upon the client to rectify the

same, and failing which he shall terminate the
relationship with such client in accordance with the Rules
of Court.” But Atty. Pete should not reveal what Jaybee
revealed to him, because the same is covered by the duty
of condentiality under Canon 21 which states that a
lawyer shall not reveal condences or secrets of his client
except if authorized by his client or required by law.

XIII
— Atty. Dennis is the head of the Provincial DILG
Office in Sultan Kudarat. In view of the lack of
lawyers and notaries public in the province and
because of numerous requests that the DILG
provide a notary public, Atty. Dennis was
constrained to apply for a commission from the
RTC, which was granted. He was able to notarize
thousands of documents and affidavits until Atty.
Antonio, the only notary public in the province,
charged Atty. Dennis with misconduct and
violation of the CPR. Is the charge correct?
Explain.

ANS: Yes, because the pen‘ormance of the duties of a

notary public constitutes practice of law. A Iavvyer in the
government service may either be prohibited from
practicing law during his tenure, or allowed to practice
but subject to some restrictions. There is no law
prohibiting a Provincial DILG Ofcer from practicing his
profession. But as a Civil Service ofcer, he can do so
272 BAR Q & A
LEGAL ETHICS

only with the consent of his Department Head (Catu v.

Rellosa, A.C. No. 5738, February 19, 2008).

XIV

— Sonia, who is engaged in the lending business,

extended to Atty. Roberto a loan of P500,000.00
with interest of P25,000.00 to be paid not later
than May 20, 2016. To secure the loan, Atty.
Roberto signed a promissory note and issued a
postdated check. Before the due date, Atty.
Roberto requested Sonia to defer the deposit of
the check. When Atty. Roberto still failed to pay,
Sonia deposited the check which was dishonored.
Atty. Roberto ignored the notice of dishonor and
refused to pay.
6. Did Atty. Roberto commit any violation of
the CPR? Explain.
b. Can he be held civilly liable to Sonia in an
administrative case for suspension or
disbarment? Explain.

ANS:

E1. Yes. Atty. Roberto committed a violation of Canon 1,

Rule 1.01, Canon 7 and Rule 7.03 in issuing a
bouncing check. He should very well know that the
issuance of a bouncing check is an unlawful act, a
crime involving moral turpitude (Co v. Bernardino,
A.C. No. 2979, January 28, 1998). Such act indicates
a lawyer's untness for the trust and condence
reposed on him. It shows a lack of personal honesty
 2016 LEGAL ETHICS 273
BAR QUESTIONS AND SUGGESTED ANSWERS

and good moral character as to render him unworthy

of public condence. It also shows the remorseless
attitude, unmindful to the deleterious of such act to
the public interest and public order (Wilkie v. Atty.
Limos, 591 Phil. 1 [2005]; Dizon v. Atty. Norlito de
Taza, A.C. N0. 7676, June 10, 2014).

b. No, a separate civil action should be led as it is not

within the jurisdiction of the court in the admin-
istrative case. The sole issue in an administrative
case is the determination of whether or not a lawyer
is still t to continue being a lawyer. The Supreme
Court will not order the return of money which is not
intimately related to a lawyer-client relationship
(Wong v. Moya, A.C. No. 6972, October 17, 2008;
Sps. Concepcion v. Atty. de la Rosa, A.C. No. 10681,
February 3, 2015).

XV

— Atty. Alex entered into an agreement for his legal

services with Johnny where it is provided that the
latter will pay him P100,000.00 as acceptance fee
and P100,000.00 upon submission of the case for
decision. The court granted Johnny moral dam-
ages, exemplary damages and attorney's fees of
P100,000.00. After execution of the judgment,
Atty. Alex kept the P100,000.00 as his attorney's
fees. Johnny sued Atty. Alex for violation of the
CPR claiming that the attorney's fees awarded by
the court belongs to him. Decide the case with
reasons.
274 BAR Q 8- A
LEGAL ETHICS

ANS: I will rule in favor of Johnny. The P100,000.00

awarded to him as moral damages, exemplary damages
and attorney's fees are items of damages which are due
to him as plaintiff in the case. Attorney's fees awarded to
a party pursuant to Article 2208 of the New Civil Code,
constitute extraordinary attorney's fees which belong to
the client, not to the lawyer. It is not the ordinary
attorney's fees which is the compensation due from a
client to his lawyer since attorney's fees are not awarded
everytime a party wins a suit (Central Azucarera de Bais
v. CA, 188 SCRA 328).

XVI

— Pedro was accused with the crime of murder

before the RTC and was found guilty of homicide.
His counsel, Atty. Nestor, told him that he will file
an appeal before the Court of Appeals (CA)
because he believes that the claim of self-defense
of Pedro will be given merit by the appellate court
and that he will be acquitted. Pedro explains that
he is amenable to the penalty imposed upon him.
Despite the opposition of the accused, Atty. Nestor
went on with the appeal. The CA decided that the
conviction should be for murder in view of a
qualifying circumstance. A petition with the High
Court proved futile. Pedro hires you to file a
disbarment suit against Atty. Nestor. What canon
or rule of the CPR will you use as ground for the
suit? Explain.
 2016 LEGAL ETHICS 275
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: I will use Canon 19, Rule 19.03 of the Code of

Professional Responsibility which provides that “a lawyer
shall not allow the client to dictate the procedure in
handling the case.” On the other hand, the substantive
aspects of the case are within the sole authority of the
client to decide. The lavvyer’s authority is limited only to
the procedural aspects of the case. To appeal an adverse
decision is a substantive matter which is exclusively for
the client to decide. Having led an appeal against the
decision of his client, the lawyer should be held liable for
it negative result. Such act can even constitute gross
negligence which does not bind the client. While it is true
that the client is bound by the negligence of his counsel,
the exception is when the negligence is gross which may,
as in this case, prejudice his client resulting in violation of
due process (Suarez v. CA, G.R. No. 91133, March 22,
1993).

XVII
— Jojo, a resident of Cavite, agreed to purchase the
lot owned by Tristan, a resident of Bulacan. Atty.
Agaton, Jojo's lawyer who is also a notary public,
prepared the Deed of Sale and Jojo signed the
document in Cavite. Atty. Agaton then went to
Bulacan to get the signature of Tristan. Thereafter,
Atty. Agaton went back to his office in Cavite
where he notarized the Deed of Sale. Is the
notarization legal and valid? Explain.

ANS: The notarization is not legal and valid. Under the

Rules a person shall not perform a notarial act if the
276 BAR Q & A
LEGAL ETHICS

person involved as signatory to the instrument or

document is not personally in the n0tary's presence at
the time of notar/'zat/on (Rule IV, Section 2[b] of the
2004 Rules on Notarial Practice). Tristan was not in Atty.
Agustin’s presence when the latter notarized the deed of
sale in his ofce in Cavite; moreover, Tristan signed in
Bulacan which is outside the Atty. Agustin’s territorial
jurisdiction. The law requires personal appearance of the
party before the notary public.

XVIII
— City Prosecutor Phillip prosecuted the criminal
case for the murder of the city mayor against the
accused Reynaldo, the losing mayoralty candidate.
There was no private prosecutor and Phillip
personally handled the prosecution of the case
from arraignment up to the presentation of the
evidence for the accused. Before the trial, Alfonso
approached Phillip and confessed that he is the
killer of the city mayor and not Reynaldo. When
the case was called for trial, Phillip manifested
before the court that Alfonso approached him and
admitted that he killed the mayor and asked the
court for whatever proper action it may take. The
counsel for the accused took advantage of the
presence of Alfonso, who was placed on the
witness stand and elicited testimonial evidence.
The court eventually acquitted Reynaldo. The heirs
of the city mayor filed a disbarment case against
Phillip on the ground that it is his duty to see to it
that the criminal is convicted and punished. They
 2016 LEGAL ETHICS 277
BAR QUESTIONS AND SUGGESTED ANSWERS

believe Reynaldo is the real killer and Alfonso was

only a fall guy and that Reynaldo could not have
been acquitted were it not for the disclosure of
Phillip. Phillip argues that the City Prosecutor is
not for the offended party or the heirs of the
victim but it is his main duty that “justice be
done.” Did Phillip commit any violation of the
CPR? Explain.

ANS: No. Philipp did not commit any violation of the Code
of Professional Responsibility. “The primary duty of a
lawyer engaged in public prosecution is not to convict but
to see that justice is done. The suppression of facts or
the concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is
cause for disciplinary action” (Rule 6.01). A public
prosecutor “is a representative not of an ordinary party in
controversy, but of a sovereignty whose obligation to
govern impartially is as compelling as its obligation to
govern at all” (Suarez v. Platon, G.R. No. 46371, February
7, 1990, 69 Phil. 556). The ultimate objective in the
prosecution of cases is the attainment of justice.

XIX

— St. Ivan's Hospital, Inc. (St. Ivan's) and Allied

Construction Co. (Allied) separately retained the
legal services of Tomas and Benedicto Law Offices.
St. Ivan's engaged the services of Allied for the
construction of a new building but failed to pay
the contract price after the completion of the
works. A complaint for sum of money was filed by
 BAR Q & A
LEGAL ETHICS

Atty. Budoy, a former associate of Tomas and

Benedicto Law Offices, on behalf of Allied against
St. Ivan's. St. Ivan's lost the case and was held
liable to Allied.

Thereafter, St. Ivan's filed a disbarment complaint

against Atty. Budoy. It claimed that while Atty.
Budoy has established his own law office, an
arrangement was made whereby Tomas and
Benedicto Law Offices assign cases for him to
handle, and that it can be assumed that Tomas
and Benedicto Law Offices collaborate with Atty.
Budoy in the cases referred to him, creating a
conflict of interest. Rule on the complaint with
reasons.

ANS: I will rule in favor of St. Ivan's and against Atty.

Budoy. St. Ivan's was a client of Tomas and Benedicto
Law Ofces, of which Atty. Budoy was an associate
attorney. As such, St. Ivan's was also his client, because
of the principle that when a party hires a law rm, he
hires all the lawyers therein. Moreover, Atty. Budoy was
in a position to know the information transmitted by St.
Ivan's to the rm. “There is conflict of interest if the
acceptance of new retainer will require the lawyer to
perform an act which will injuriously affect his new client
in any matter in which he represents him, and also
whether he will be called upon in his new relation to use
against his rst client any knowledge acquired during
their relation” (Hornilla v. Salunat, A.C. No. 5804, July 1,
2003, 453 Phil. 108).
 2016 LEGAL ETHICS 279
BAR QUESTIONS AND Sueeesrep ANSWERS

“As such, a la\/vyer is prohibited from representing new

clients whose interests oppose those of a former client in
any manner, whether or not they are parties in the same
action or on totally unrelated cases. The prohibition is
founded on the principles of public policy and good taste”
(Anglo v. Atty. Valencia, A.C. No. 10567, February 25,
2015).

XX

- Atty. Gail was separated from her husband, Dino,

for more than ten (10) years due to incompa-
tibility. She fell in love with Mica who was also
separated from her husband. She filed a petition
for the declaration of nullity of her marriage with
Dino, and also a petition for the declaration of
nullity of the marriage of Mica with her husband.
While the cases were pending, Atty. Gail and Mica
lived in their respective residences but were often
seen together in parties, events and in public
places. Dino filed a disbarment complaint against
Atty. Gail for immorality, alleging that Atty. Gail
and Mica are lovers. Decide whether Atty. Gail
should be sanctioned for immorality.

ANS: I will rule in favor of Atty. Gail. Being seen together

with Mica in parties, events and public places is not
sufcient proof of immorality. Immorality means “that
conduct which is willful, agrant or shameless, and which
shows a moral indiligence to the opinion of good and
respectable members of the community” (Arciga v.
Maniwang, A.M. No. 1608, August 14, 1981, 106 SCRA
 BAR Q & A
LEGAL ETHICS

591). Besides, I will be mindful of the injunction in

Section 1, Canon 5 of the New Code of Conduct for the
Philippine Judiciary, which provides that “a judge shall be
aware of, and understand, diversity in society and
differences arising from various sources, including but not
limited to race, religion, national origin, caste, disability,
age, marital status, sexual orientation, social and
economic status and other like causes.”

--oOo--
 2017 BAR EXAMINATIONS
LEGAL AND JUDICIAL ETHICS AND
PRACTICAL EXERCISES

I.
Q_
A. Brando & Luzon Law Office had a retainer
agreement with Gregory, a businessman with
shady connections. Gregory was recently
charged in the RTC in Manila with money
laundering in relation to an illegal drugs
syndicate using Cable Co., his holding
company, as its money laundering conduit. The
members of the Brando & Luzon Law Office
assigned to handle Gregory's account,
including yourself, were implicated in the
money laundering case for their role in the
incorporation of Cable Co. and in the active
management of its business affairs.

In a bid to fortify the case against Gregory

and the others, the public prosecutor
approaches you (as the least guilty person who
will qualify for a discharge as a state witness)
and offers to make you a state witness. Should
you accept the offer? Explain your answer.

ANS: Yes, because the information I acquired involving the

criminal case against Gregory is covered by the privileged
communication rule as one of the lawyers who handled

281
282 BAR Q & A
LEGAL ETHICS

Gregory's account. A lawyer cannot without the consent of his

client be examined as to any communication made by a client in
the course of, or with view to, professional employment (Sec.
24[b], Rule 130, Rules of Court). Under the Rules, a lawyer
shall not to the disadvantage of his client, use information
acquired in the course of employment, nor shall he use the
same to his own advantage or that of a third person, unless the
client with full knowledge of the circumstances consents thereto
(Canon 21, Rule 21.02).

B. Under the facts of the preceding question,

assume that you had resigned from the Brando
& Luzon Law Office prior to the filing of the
money laundering case against Gregory and
the others, and that you were not implicated in
' the ‘case. However, you had assisted in
handling the Cobra Co. account during your
time with the law firm. Cobra Co. was largely
owned by Cable Co.

The public prosecutor handling the case

against Gregory and the others asks you, as a
former member of the Brando & Luzon Law
Office, to help strengthen the case for the
Government, and hints that you may be
implicated in the case if you do not cooperate.
What is your legal and ethical course of action?
Explain your answer.

ANS: I will decline to testify against the defendants and to

provide evidence in the case as the attorney-client privilege
lasts even beyond the termination of the relationship. Under the
Rules, a lawyer shall not to the disadvantage of his client, use
 2017 LEGAL ETHICS 283
BAR QUESTIONS AND SUGGESTED ANSWERS

information acquired in the course of employment, nor shall he

use the same to his own advantage or that of a third person,
unless the client with full knowledge of the circumstances
consents thereto (Canon 21, Rule 21.02).

If I will testify against my client, I will be taking advantage

of the information I obtained for me not to be implicated is a
violation of the rule.

II.
Q-
A. Pedro Tigas, a known toughie, asked Atty.
Chloe to meet with him in the Jollibee Res-
taurant in Harrison Plaza because he wanted to
seek her legal advice on an important matter.
Atty. Chloe had once before been consulted by
Pedro Tigas, who had then paid her well. When
they met in Jollibee Restaurant, he confided his
planned assassination of Pepeng Taga, his rival
for control of the neighborhood in San Andres
Bukid, Manila. He wanted her to represent him
should he be apprehended for the assassina-
tion. Atty. Chloe did not agree, and left the
restaurant in a hurry before Pedro Tigas could
utter anything more.
A few days afterwards, Pepeng Taga was
killed near his house in San Andres Bukid,
Manila. The police follow-up team arrested
Pedro Tigas on the basis of testimony by at
least two residents that they had heard him
saying two days before the killing that Pepeng
284 BAR Q & A
LEGAL ETHICS

Taga would not live beyond 48 hours. Should

Atty. Chloe reveal to the police investigator
what Pedro Tigas had stated to her at the
Jollibee Restaurant without violating the
confidence of the latter as a client? Explain
your answer.

ANS: Yes. Atty. Chloe has an obligation to disclose what Pedro

Tigas had stated to her without violating the lavvyer-client
condentiality rule. As a rule, the protection of the attorney-
client privilege has reference to communication which are
legitimately and properly within the scope of a lawful
employment, and does not extend to those made in
contemplation of a crime or perpetuation of a fraud (Rule 130,
Sec. _, Rules of Evidence, as amended). There is privilege
communication only as to crimes already committed before its
communication to the lawyer. The lavvyer-client relationship
does not prevent him from disclosing information because it
refers to an illegal act. The purpose of the rule is to solve
criminality and maintain peace and order. If she doe not inform
the police of what was communicated to her, she would be
violating her oath to obey the laws and the Constitution.

B. Assuming that the meeting between Pedro

Tigas and Atty. Chloe in Jollibee Restaurant
occurred after the killing of Pepeng Taga, and
in that meeting Pedro Tigas expressly admitted
to Atty. Chloe in strict confidence as his lawyer
that he had shot Pepeng Taga. Is Atty. Chloe
ethically bound to reveal the admission of
Pedro Tigas to the police investigator what
 2017 LEGAL ETHICS 285
BAR QUESTIONS AND SUGGESTED ANSWERS

Pedro Tigas had stated to her at the Jollibee

Restaurant? Explain your answer.

ANS: As a rule, No, Atty. Chloe is not ethically bound to reveal

the admission of Pedro Tigas to the police investigator. The
lawyer-client privilege extends to revelations of crimes already
committed. The law in fact encourages a client to make a full
disclosure of the circumstances relating to the crime for which
he is or may be charged Rule 15.02 of the Code of Professional
Responsibility provides that a lawyer shall be bound by the rule
on privilege communication in respect of all matters disclosed to
him by a prospective client.

III.
Q _
A. Alleging that Atty. Frank had seduced her when
she was only 16 years old, and that she had
given birth to a baby girl as a result, Malen filed
a complaint for his disbarment seven years
after the birth of the child charging that he was
a grossly immoral person unworthy and unfit to
continue in the Legal Profession. In his com-
ment, Atty. Frank argued that the complaint for
disbarment should be dismissed because of
prescription. Explain whether or not Atty.
Frank's argument is justified.

ANS: Atty. Frank's defense of prescription is not correct.

Dlsbarment is lmprescrlptible. Administrative proceedings
against a lawyer are su/ gener/'5. There are neither civil nor
286 BAR Q & A
LEGAL ETHICS

criminal case. The ordinaiy statutes of limitation have no

application to disbarment proceedings (Calo, Jr. v. Degamo,
A.C. No. 516, June 27, 1967). Disciplinary proceedings involve
no private interest and afford no redress for private grievance.
They are undertaken for the purpose of preserving courts of
justice from ofcial administration of persons unt to practice.
The attorney is called to answer to the court as an ofcer of the
court. The complainant or the person who called the attention
of the court to the attorney's alleged misconduct is in no sense
a party who has generally no interest in the outcome except as
all good citizens may have in the proper administration of
justice (De Vera v. Pineda, 213 SCRA 434 [1992]; Atty. Pedro
Aguirre v. Atty. Crispin Reyes, A.C. No. 4355, January 18, 2020,
Javier, J)

B. Beth administratively charged her former

lawyer, Atty. Rawet, with gross misconduct and
gross ignorance of the law for the latter’s
inadequate legal representation of her in her
suit against her neighbor. Midway during the
investigation, Beth decided to migrate to
Australia. Learning about her plans, Atty.
Rawet approached her and pleaded for her
understanding. He was able to persuade her to
execute an affidavit of desistance in respect of
her administrative complaint. He submitted the
affidavit of desistance to the Supreme Court,
and moved to dismiss the charge against him.
Will the affidavit of desistance warrant the
dismissal of the administrative charge? Explain
your answer.
 2017 LEGAL ETHICS 287
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: No, the afdavit of desistance would not warrant the

dismissal of the administrative charge. A disbarment proceeding
is sui gener/s, neither a civil or criminal action. Section 5, Rule
139-B of the Rules of Court provides that “no investigation shall
be interrupted or terminated by reason of the desistance,
settlement, compromise, restitution, withdrawal of the charges,
or failure of the complainant to prosecute the same.” This rule
nds application in Ferancu//0 v. A11)/. Ferancu//0, where it was
ruled that in view of its nature, administrative proceedings
against lawyers are not strictly governed by the Rules of Court.
As we held in In Re: A/mace/1, a disbarment case is sui gener/s
for it is neither purely civil nor purely criminal but is rather an
investigation by the court into the conduct of its officers.
Hence, an administrative proceeding continue despite the
desistance of a complaint, or failure of the complainant to
prosecute the same.

IV.

Q— Atty. Jessa was the counsel for Mr. Nolan, a

cantankerous millionaire, in the latter's personal
case. Soon after the case was submitted for
decision, Mr. Nolan withdrew the files from Atty.
Jessa and informed her that he was engaging
another lawyer. On that same day, a copy of the
decision in the case was received by Atty. Jessa
but she did not do anything anymore with the
decision. She did not also file a withdrawal of her
appearance. Mr. Nolan's new counsel did not file
any notice of his appearance. By the time Mr.
Nolan found out about the adverse decision, his
period to appeal had lapsed. Was the service of
288 BAR Q & A
LEGAL ETHICS

the decision on Atty. Jessa still effective? Explain

your answer.

ANS: Yes, since she did not follow the procedure of proper
withdrawal as counsel, the lawyer remains to be the counsel of
record of his client and is duty bound to serve him or her until
proper withdrawal is made or is so dismissed by the client. A
lawyer may only retire from a case either by written consent of
his client, or by permission of the court after due notice and
hearing, in which even the lawyer should see to it that the
name of the new counsel is recorded in the case (Chang v.
Atty. Jose Hidalgo, A.C. No. 6934, April 6, 2016, Leonen, J).

VI

Q — Eva consulted Atty. Doble Kara, a well-known solo

practitioner, to represent her as a probable heir to
the huge estate of her late lamented grandaunt
who died without issue. After Atty. Doble Kara
perused the documents relevant to the estate
presented by Eva, he told Eva that he could not be
of help to her.
A few days later, Eva learned that Atty. Doble Kara
had just initiated intestate proceedings involving
the same estate in the RTC, and the petitioner
seeking appointment as administratrix was Mely,
Eva's hostile cousin and co-heir to the estate.

Eva moved to immediately disqualify Atty. Doble

Kara from representing Mely on the ground of
conflict of interest, but Atty. Doble Kara explained
 2017 LEGAL ETHICS 289
BAR QUESTIONS AND SUGGESTED ANSWERS

to the estate court that there was no conflict of

interest because he had no lawyer-client
relationship with Eva. He further indicated that
Eva had not also paid him any retainer fee.

Given his explanations to the estate court, may

Atty. Doble Kara ethically represent Mely?

ANS: No. A lawyer shall not represent conicting interests

except by written consent of all concerned given after a full
disclosure of the facts (Rule 15.03, Code of Professional
Responsibility). Atty. Doble Kara may not ethically represent
Mely because there would be a conict of interest. A lawyer-
client relationship between Atty. Doble Kara and Eva was
created when the latter consulted the former on the matter of
the estate of her late grand-aunt, gave him document to study,
and the lawyer gave her advice after such study. It does not
matter that the lavwer refused to represent her or that he was
not paid a retainer fee or that the engagement as a lawyer did
not push through. If a person consults a la\/vyer in respect to his
business of any kind, with a view to obtaining his professional
advice or assistance, and the voluntarily permits or acquiesces
to such consultation, a lawyer—client relationship is established
(Hilado v. David, G.R. No. L-961, September 21, 1949). The
rule was designed to prevent situations wherein a lawyer would
be representing a client whose interest is adverse to any of his
present or former clients (Heirs of Lydio Falme v. Baguio, A.C.
No. 6876, March 7, 2008, 548 SCRA 1). The rule is grounded on
the duciary obligation of loyalty. The nature of that relation-
ship is one of trust and condence of the highest degree (Perez
v. Dela Torre, 485 SCRA 547 [2006]; Atty. Florante Legaspi v.
290 BAR Q & A
LEGAL ETHICS

Atty. Elcid Fajardo, A.C. No. 9422, November 19, 2018, Per|as-
Bernabe, J).

VI.

Q— For services to be rendered by Atty. Hamilton as

counsel for Gener in a civil case involving the
recovery of the ownership and possession of a
parcel of land with an area of 5,000 square
meters, the two of them agreed on a success fee
for Atty. Hamilton of P50,000.00 plus 500 square
meters of the land. The trial court ultimately
rendered judgment in favor of Gener, and the
judgment became final and executory. After
receiving P50,000.00, Atty. Hamilton demanded
the transfer to him of the promised 500 square
meters of the land.

Instead of complying, Gener brought an admin-

istrative complaint charging Atty. Hamilton with
violation of the Code of Professional Responsibility
and Art. 1491(5) of the Civil Code for demanding
the delivery of a portion of the land subject of the
litigation.

Is Atty. Hamilton liable under the Code of Profes-

sional Responsibility and the Civil Code? Explain
your answer.

ANS: No. Since the acquisition of the property is after the

nality of the judgment, the same is valid. What is prohibited is
acquisition of property of the client by the lawyer subject of
 2017 LEGAL ETHICS 291
Sueeesrrzo ANSWERS
BAR QUESTIONS AND

litigation during the pendency of litigation. The rule is founded

in public policy to prevent the lawyer from exerting undue
influence or taking advantage against his client. The agreement
to be paid under a contingency fee is allowed provided that the
client will shoulder all the costs of litigation. Furthermore, the
elements under the prohibition in Article 1491 of the Civil Code
are: 1) presence of a lawyer-client relationship, 2) the client's
property is subject to litigation, 3) the lawyer is handling the
case for the client, 4) the case is still pending, and 5) the
lawyer acquires the said property or portion thereof, directly or
indirectly. A portion of the property of Gener will go to the
la\/vyer only be after the judgment of the case involving the said
property has already become nal and executory, the
acquisition of a portion thereof by Atty. Hamilton, is valid
(Fabello v. IAC, G.R. No. L-68838, March 11, 1991; Punla v.
Atty. Eleanor Maravilla-Ona, G.R. No. 11149, August 5, 2017).

VII.
Q_
You had just taken your oath as a new lawyer.
The secretary of a big university offered to get
you as the university's notary public. She
explained that the faculty and students would
be sent to you to have their documentations
and affidavits notarized; and that the
arrangement would be very lucrative for you.
However, the secretary wants you to share
with her half of your earnings throughout the
year.
292 BAR Q & A
LEGAL ETHICS

Will you agree to the arrangement proposed by

the secretary of the university? Explain your
answer.

ANS: N0. The arrangement will be violative of the rule that “a

lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law” (Rule 9.02 of
the Code of Professional Responsibility). The secretary of the
university is not licensed to practice law, I cannot validly share
my earnings as a notaw public with him because only a person
duly admitted as a member of the bar is entitled to practice law
(Sec. 1, Rule 138).

B. The plaintiff died during the pendency of the

case in the RTC. If you were the counsel of the
plaintiff, what is the last duty you need to
discharge in behalf of the late client before
your professional engagement for the case may
be deemed terminated? Explain briefly your
answer.

ANS: In case of death of my client, my last duty to him shall be

to inform the court in which his case is pending, within thirty
(30) days after such death, and to give the name and residence
of the administrator or executor (1st paragraph, Sec. 16, Rule 3,
Rules of Court). This duty is not shifted to the plaintiff
(Barrameda v. Barbara, 90 Phil. 718; Bonifacio v. Dizon, G.R.
N0. 79416, September 5, 1989). The rule is based on the
principle that after the death of the client, the attorney-client
relationship ends unless the heirs of the client would engage his
services to continue with the case.
 2017 LEGAL ETHICS 293
BAR QUESTIONS AND SUGGESTED ANSWERS

VIII.
Q _
A. Sancho Mahilig went to the office of Atty.
Charm to engage her legal representation in
the criminal case for adultery that the husband
of his socialite friend had brought against him
in the City Prosecutor's Office in Manila. Atty.
Charm thoroughly interviewed Sancho in her
office with only Linda, the secretary/steno-
grapher of Atty. Charm, the only other person
present. On that occasion, Sancho candidly
informed Atty. Charm about his illicit affair
with the socialite wife, and gave many details.
Linda faithfully recorded the interview.

During the trial of the criminal case for

adultery, the trial prosecutor requested the
court to issue a subpoena duces tecum to
compel the production of the record of the
interview and a subpoena ad testicandum to
compel Linda to testify on the admission of the
affair by Sancho. Atty. Charm objected to the
request on the basis of lawyer-client
confidentiality.

If you were the trial judge, how will you

resolve the objection of Atty. Charm? Justify
your answer.

ANS: I would sustain Atty. Charm’s objection. Section 24 of

Rule 130 of the Rules of Court extends the privileged
communication to an attorney's secretary, stenographer or
294 BAR Q & A
LEGAL ETHICS

clerk. There is a public policy consideration behind the rule

because if the lawyer or secretary who was present when the
client communicated the facts of the case to the lavwer expects
them to reveal such communication, the client would clamp up.
He would not tell the lawyer the true facts and circumstances.

B. Prosecutor Regan was designated to represent

the State during the trial of an action to declare
the nullity of a marriage. He realized soon
enough, however, that the counsels of the
parties were very competent and sincere in
doing their work for their respective clients.
Thus, Prosecutor Regan, mindful of his large
caseload of preliminary investigations, and
believing that his attendance at the trial was
superuous, decided not to attend the trial
anymore so that he could devote more time to
the work back in his office.
Explain whether or not the decision of
Prosecutor Regan to miss the trial of the action
to declare the nullity of the marriage was
warranted.

ANS: The decision of Prosecutor Regan to miss the trial is not

warranted. A prosecutor is duty-bound to represent the State in
every action for declaration of nullity of a marriage because the
State has the constitutional duty to preserve a marriage and as
prosecutor, he should perform his duties actively and diligently.
 2017 LEGAL ETHICS 295
BAR QUESTIONS AND SUGGESTED ANSWERS

IX.

— Atty. Miriam rents her office space in a building

owned by Winston. Eventually, Atty. Miriam
became Winston's regular legal counsel. Because
of their good relationship, Atty. Miriam did not
hesitate to borrow money from Winston. Atty.
Miriam issued postdated checks covering the
interest of her loans. Unfortunately, Atty. Miriam
failed to pay her obligations to Winston. Her
postdated checks with Winston also bounced.
Hence, he filed a criminal case for violation of
the Bouncing Checks Lawagainst her.

In her counter-affidavit, Atty. Miriam averred

that Winston was “a businessman who is
engaged in the real estate business, trading and
buy and sell of deficiency taxed imported cars,
shark loans and other shady deals and has many
cases pending in court."

Hurt by the allegations, Winston filed a disbar-

ment complaint against Atty. Miriam arguing that
her allegations in the counter-affidavit consti-
tuted a breach of their confidential lawyer-client
relationship.

Discuss whether or not the disclosures in Atty.

Miriam's counter-affidavit constitute a breach of
fidelity towards her client.
296 BAR Q & A
LEGAL ETHICS

ANS: The disclosures in Atty. Miriam’s afdavit constitute a

breach of delity towards her client Winston. A lawyer shall not
reveal the condences or secrets of his clients except when
“necessary to defend himself, his employee or associates or by
judicial action” (Canon 21, Rule 21.01 of the Code of
Professional Responsibility). As a rule, by ling a complaint
against his attorney, a client waived the attorney-client privilege
in favor of his lawyer who may disclose or use so much of his
client's condences as may be necessary to protect himself. The
privilege against disclosure of condential communications or
information is limited only to communications which are
legitimately and properly within the scope of a lawful
employment of a lawyer; it does not extend to those made in
contemplation of a crime or perpetuation of a fraud (Genato v.
Silapan, A.C. No. 4078, July 14, 2003). The disclosures in Atty.
Miriam’s counter-afdavit are not relevant to the case, hence,
they do not fall under the exception, hence the disclosures
made by Atty. Miriam’s constitutes a breach of delity towards
her client.

X.

Q— Atty. Anna Kirmet was one of Worry Bank's

valued clients. The bank gave her a credit card
with a credit limit of P250,000.00. Because of her
extravagance, Atty. Kirmet exceeded her credit
limit and refused to pay the monthly charges as
they fell due.

Hence, aside from a collection case, Worry Bank

filed a disbarment case against Atty. Kirmet. In
her comment on the disbarment complaint, Atty.
 2017 LEGAL ETHICS 297
BAR QUESTIONS AND SUGGESTED ANSWERS

Kirmet insisted that she did not violate the Code

of Professional Responsibility because her obliga-
tion to the bank was personal in nature and had
no relation to her being a lawyer.

Is Atty. Kirmet correct? Explain your answer

briefly.

ANS: No, Atty. Kirmet is not correct especially so that a

disbarment proceeding is sui gene/'/Ls that they are neither civil
nor purely criminal. It involves investigation by the Court into
the conduct of one of its ofcers (Pea v. Aparicio, 525 SCRA
444 [2 007]). Under Rule 7.03 of the Code of Professional
Respon sibility, “a lawyer shall not engage in conduct that
adversely reects on his tness to practice of law, nor shall he,
whethe r in public or private life, behave in a scandalous manner
to the discredit of the legal profession.” Rule 1.01 likewise
provide s that “a lawyer shall not engage in unlawful, dishonest,
immora or deceitful conduct,” without qualifying that it be in
l

his professional life only. Atty. Kirmet has the moral duty and
legal responsibility to settle to settle her nancial obligations
when they become due. It is a well-settled rule that there is no
dichoto my between the public and private aspects of the life of
a lavwer. It is not necessary for a lawyer-client relationship to
exist for a lawyer to become a subject of a disbarment case
(Garcia v. Bulauitan, A.C. No. 7280, November 16, 2006).
Generally, a lawyer may be disbarred or suspended for any
misconduct whether in wanting in moral character in honesty,
probity and good demeanor (Marcelo v. Javier, Sr., 214 SCRA 1
[1982])
298 BAR Q & A
LEGAL ETHICS

XI.

Q_
A. Define champerty. (3%)

ANS: Champerty is a contract between a lawyer and his client

whereby the lawyer agrees to be pay off proceedings to enforce
the client's rights. Such agreement is against public policy
especially if the attorney has agreed to carry on the action at
his own expense in consideration of some bargain to have part
of the thing in dispute. The contract violates the duciary
relationship between the lawyer and his client. It violates Canon
42 of the Canons of Professional Ethics which provides that a
lawyer may not properly agree with a client to pay or bear the
expenses of litigation (Bautista v. Gonzales, 182 SCRA 151
[199O]). It smacks of a lawyer engaging in business where he
makes an investment with the hope of a substantial gain. The
practice of law is not a business. Rendition of public is its
business.

B. Atty. Andy and Atty. Valeriano were classmates

in law school. As such, they developed a close
friendly relationship. They agreed that they
would refer clients to each other, and whoever
referred clients would receive a commission or
portion of the attorney's fees. Atty. Andy
referred a client to Atty. Valeriano, who
charged the client P100,000.00 as initial
attorney's fees. Thereafter, Atty. Valeriano sent
15% of P100,000.00, or P15,000.00, to Atty.
 2017 LEGAL ETHICS 299
BAR QUESTIONS AND SUGGESTED ANSWERS

Andy as the latter's referral fee. Explain if the

agreement on the referral fee is ethical.

ANS: The agreement on the referral fee is unethical. Under Rule

20.02 of Canon 20 of the Code of Professional Responsibility
provides that “a lawyer shall, in cases of referral, with the
consent of the client be entitled to a division of fees in
proportion to the work performed and responsibility assumed.”
There is no such service rendered in the matter of a referral
fee, where a lawyer shall receive compensation merely for
recommending another lawyer to his client. It makes practice of
law a business which should not be, as it is a profession.
Lawyering is not primarily meant to be a money-making
venture, and law advocacy is not a capital that necessarily
yields prots (Burde v. Atty. Alberto Maqueta, A.C. No. 5713,
June 10, 2003; Manzano v. Atty. Santiago, A.C. No. 8051, April
7, 2009; Palencia v. Atty. Pedro Linsangan, et al., A.C. No.
10557, July 10, 2018).

XII.
Q— Atty. Simplicio published the following
advertisement in a local newspaper: “Annulment
of Marriage, Competent Attorney, Reasonable
Fees, Call 221-2345."

A Justice of the Supreme Court saw the

advertisement and thereafter called the attention
of his colleagues. The Supreme Court directed the
Bar Confidant investigate the matter. When
directed to explain why no disciplinary action
should be taken against him for the improper
300 BAR Q & A
LEGAL ETHICS

advertisement, Atty. Simplicio contended that: (a)

the advertisement was not improper because his
name was not mentioned; and (b) he could not be
subjected to disciplinary action because there was
no complaint filed against him. Rule on Atty.
Simplicio’s contentions.

ANS: Both of Atty. Simplicio’s contentions are not correct. The

fact that his name was not mentioned does not make the
advertisement proper. The telephone number in the
advertisement stated is his, hence, it is as if his name was
mentioned. The advertisement violated the ethical norms which
prohibits “false and misleading” advertisement. The use of the
word “competent” would create expectations which Attorney X
may not be able to perform. The advertisement tends to
undermine the sanctity of marriage as a recognized inviolable
institution in the Philippines (Khan, Jr. v. 5/mb///0, A.C. No.
5299, August 19, 2003). The advertisement was improper since
it is incompatible with the dignity of the legal profession. If
made in a modest and decorous manner, it would bring no
injury to the lawyer and to the bar (Khan, Jr. v. Simbillo). The
best advertising possible for a lawyer is a well-merited
reputation for professional capacity and delity to trust, which
must be earned as the outcome of character and conduct
(Linsangan v. Atty. Nicomedes Tolentino, A.C. No. 6672,
September 4, 2009).
A complaint is not necessary to initiate disciplinary action
against a lawyer. Being su/' gener/s in nature, a disciplinary
action against a lawyer may be initiated by the Supreme Couit
motu propr/0 (Sec. 1, Rule 139-B, Rules of Court).
 2017 LEGAL ETHICS 301
BAR QUESTIONS AND SUGGESTED ANSWERS

XIII.
Q— Herbert Madasalin, a 25-year old Bar candidate,
surrendered his driver's license to the security
guard at the Arlegui Gate when he entered the
Malacanang compound to pray at the National
Shrine of St. Jude Thaddeus. After praying the
novena to St. Jude, Herbert went to the Arlegui
Gate to retrieve his driver's license. However, he
was not able to get the license because the
security guard was then elsewhere. He returned
the next day only to be told that the security
guard had misplaced the license. The security
guard concerned could not anymore remember
where he had placed the license.

Herbert immediately requests your assistance in

the preparation of an affidavit of loss. His address
is at 143 Zuzuaregui Street, Don Antonio Heights,
Quezon City. As his friend, prepare Herbert's
affidavit of loss.

ANS:

Republic of the Philippines)

City of Quezon ) S.S.

AFFIDAVIT OF LOSS

I, Herbert Madasalin, of legal age, single, with residence at

143 Zuzuaregui Street, Don Antonio Heights, Quezon City after
having been duly sworn deposes and says that:
302 BAR Q & A
LEGAL ETHICS

1. That I am the holder of Non-Professional Driver's

a
License No. issued by the La Loma, Quezon
City LTO Branch with expiration at February 23,
2024;
2. That sometimes in (state date) when I entered the
Malacaang Compound to pray at the National
Shrine of St. Jude Thaddeus I surrendered my
driver's license to the security guard at the Arlegui
Gate. That after praying the novena, I went to the
Arlegui Gate to retrieve my driver's license, but I
was not able to get my license because the security
guard was then elsewhere;
3. That when I returned the next day, I was told that
the security guard had misplaced my license, and
could not anymore remember where he had placed
my licensed;

4. That despite earnest efforts to locate said driver's

license proved futile;

5. That I am executing this Affidavit to support my

application for the issuance of a replacement driver's
license.

IN WITNESS WHEREOF, I have hereunto afxed my

signature this 27*“ day of July 2020 at Quezon City.

HERBERT MADASALIN

SUBSCRIBED AND SWORN to before be this 27*“ day of

July 2020 in City of Quezon, afant exhibiting before me his
competent evidence of identity which is a Postal ID No. 1234
 2017 LEGAL ETHICS 303
BAR QUESTIONS AND SUGGESTED ANSWERS

issued at Quezon City on July 27, 2015 expiring on July 27,

2025.

NOTARY PUBLIC
Ofce address
Commission No.
Until December
For the City of
Roll No.
IBP OR No. date, and place of issuance
PTR OR No. date, and place of issuance
MCLE Compliance until
Doc. No. _;
Page No. _;
Book No. __;
Series of 2017.

XIV.
Q- Kyle Angelo was served with summons and a copy
of the complaint of Ciara Jane for collection of the
amount of P1,000,000.00 as evidenced by a
promissory note signed by Kyle Angelo. She
alleged that the debt was overdue; and that Kyle
Angelo refused to pay despite repeated demands.

Kyle Angelo engaged the services of Atty. Carlos

Sabit, who decided to file a motion to dismiss on
the ground of lack of cause of action and
prescription. Atty. Carlos Sabit drafted the motion
and sent the draft to Kyle Angelo for his perusal.
Kyle Angelo, being himself a law graduate, quickly
304 BAR Q & A
LEGAL ETHICS

noticed that the draft did not contain a notice of

hearing.

Draft the notice of hearing that Atty. Carlos Sabit

should include in the motion to dismiss.

ANS:

NOTICE OF HEARING

Atty. Joseph Galicia

Counsel for the plaintiff

GREETINGS:

Please take notice that the above motion shall be

submitted for the consideration of the Honorable Court on
Friday, July 31, 2020 at 2:00 p.m., or as soon thereafter as
counsel may be heard.

ATFY. CARLOS SABIT

Counsel for the defendant

Copy furnished through personal service:

Atty. Joseph Galicia
Counsel for the plaintiff
Dingras, Ilocos Norte

XV.

Q — Believing that an onerous transfer would result in

lesser taxes than a gratuitous transfer, Nenita
Villo, a widow, decided to sell her lone asset worth
 2017 LEGAL ETHICS 305
BAR QUESTlONS AND SUGGESTED ANSWERS

P3,000,000.00 to her daughters, Andrea, Carina

and Carissa, all of legal age, gainfully employed
and still unmarried. The asset consisted of the
house and the lot registered under Transfer
Certificate of Title No. 67890 of the Register of
Deeds of Paranaque City and situated at No. 3156
Bayswater Street, Metro Ville Subdivision,
Paranaque City where Nenita and her daughters
presently resided.

Nenita required her daughters to make a down

payment of P1,000,000.00, and the balance to be
paid once the title to the property was transferred
to her daughters’ names. All the taxes, fees, and
costs related to the sale would be for the account
of Nenita, while those related to the transfer of
title would be paid by Andrea, Carina and Carissa.
Draft the contract to be executed by Nenita and
her daughters in connection with the transfer of
the house and lot. Omit details other than those
stated in the question.

ANS:

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This Agreement, made and executed this 5”‘ day of

November 2017 by and between:
306 BAR Q & A
LEGAL ETHICS

Nenita Villon, of legal age, widow, with

residence at No. 3156 Bayswater Street, Metro
Ville Subdivision, Paraaque City, hereafter
referred to as the “SELLER”,

and

Andrea Villon, Carina Villon, and Carissa

Villon, all of legal age, single and with residence
at 3156 Bayswater Street, Metro Ville
Subdivision, Paraaque City, and hereafter
referred to as the “BUYER”;

WITNESSETH, That:

WHEREAS, the SELLER is the legal and absolute owner of

a house and lot registered under Transfer Certicate of Title
No. 67890 of the Register of Deeds of Paraaque City, more
particularly described as follows:

State the technical description,

Hereinafter referred to as the PROPERTY;

WHEREAS, the SELLER has agreed to sell to the BUYER all

his rights, title, and interest over the subject PROPERTY, and
the BUYER has agreed to purchase the same.

NOW, THEREFORE, for an in consideration of the sum of

Three Million Pesos Philippine Currency (Php3,000,000.00), to
be paid by the BUYERS to the SELLER in accordance with the
following manner of payment, the SELLER hereby SELLS,
CEDES, TRANSFERS, ASSIGNS, and CONVEYS, unto the
BUYERS, their heirs and assigns, the above-described parcel of
land.
 2017 LEGAL ETHICS 307
BAR QUESTIONS AND SUGGESTED ANSWERS

The manner of the complete and total payment received

by the SELLER from the BUYER being as follows:

The amount of One Million Pesos, Philippine Currency

(Php1,000,000.00), upon signing of this Agreement, received in
cash by the SELLER; as down payment; and

The balance in the amount of Two Million Pesos, Philippine

Currency (Php2,000,000.00), to be paid to the SELLER by the
BUYER the property was transferred to the BUYER'S names.

All the taxes, fees, and costs related to the sale shall be
for the account of the SELLER while those related to the
transfer of the title would be paid by the BUYERS.

IN WITNESS WHEREOF, the parties have hereunto afxed

their signatures on this instrument on this 5"‘ of November
2017 in Paraaque City, Philippines.

NENITA VILLO ANDREA VILLO

Seller Buyer
Community Tax No. Community Tax No.
Issued at Issued at
On On
Competent evidence of identity Competent evidence of identity
Which is Passport No. Which is Passport No.
Issued at Issued at
On On
Expiring on Expiring on

CARINA VILLO
Buyer
Community Tax No.
Issued at
308 BAR Q & A
LEGAL ETHICS

On
Competent evidence of identity
Which is Passport No.
Issued at
On
Expiring on

CARISSA VILLO
Buyer
Community Tax No.
Issued at
On
Competent evidence of identity
Which is Passport No.
Issued at
On
Expiring on

SIGNED IN THE PRESENCE OF:

Republic of the Philippines )

City of Paraaque ) S.S.

In the City of Paraaque, Philippines, this 5*“ day of

November 2017 personally appeared before me the seller and
the buyers who exhibited before me their community tax
certicates with nos., places and dates issue below their names
and their competent evidences of identity as stated also below
their respective names, all of whom are to me known and
 2017 LEGAL ETHICS 309
BAR QUESTIONS AND SUGGESTED ANSWERS

known to be the same persons who executed the foregoing

deed of absolute sale, and they acknowledged that the same is
of their free and voluntary act and deed.

I further certify that the foregoing instrument is a deed of

absolute sale of a house and lot located at No. 3156 Bayswater
Street, Metro Ville Subdivision, Paraaque City and that this
instrument consists of (no. of pages) including this page on
which this acknowledgment is written, and signed on each and
every page by the said parties and their instrumental witnesses.

NOTARY PUBLIC
Office address
Commission No.
Until December
For the City of
Roll No.
IBP OR No. date, and place of issuance
PTR OR No. date, and place of issuance
MCLE Compliance until

Doc. No. _;
Page No. _;
Book No. __;
Series of 2017.

XVI.

Q— Determine if the following advertisements by an

attorney are ethical or unethical. Explain your
answer.
(a) A calling card, 2 inches x 2 inches in size, bearing
the attorney's name in bold print, ofce, residence
310 BAR Q & A
LEGAL ETHICS

and email addresses, telephone and facsimile

numbers.

A business card, 3 inches x 4 inches in size,

indicating the aforementioned data with his 1-inch x
1-inch photograph.

A pictorial press release in a broadsheet newspaper

made by the attorney showing him being congra-
tulated by the president of a client corporation for
winning a multi-million damage suit against the
company in the Supreme Court.
The same press release made in a tabloid by the
attorney's client.
A small announcement that the attorney is giving
free legal advice on November 30, 2017 published
in Ba//ta, a tabloid in Filipino.

ANS:

Ethical. A lawyer is allowed the customary use of

simple professional cards which contain only a
statement of the lawyer's name, the name of the law
rm he is connected with, address, telephone
number, and special branch of the law practiced
(Linsangan v. Atty. Nicomedes Tolentino, A.C. No.
6672, September 4, 2009; Canon 27, CPE; Ulep v.
Legal Clinic, Inc., Bar Matter No. 553, June 17,
1993).
Unethical. The size of the card and the inclusion of
the lawyer's photo in it takes it away from the ambit
of “simple professional cards” that are allowed. The
 2017 LEGAL ETHICS 311
BAR QUESTIONS AND SUGGESTED ANSWERS

business card likewise is a form of self-laudation is

undignied and smacks of crass commercialism. The
best possible advertising for a lawyer is a merited
reputation for professional capacity and delity to
trust, which must be earned as the outcome of
character and conduct (Ulep v. Legal Aid Clinic, Inc.,
223 SCRA 378 [1993]).

Unethical. Rule 3.01 of the Code of Professional

Responsibility provides that a la\/vyer shall not use or
permit the use of any self-laudatory statement or
claim regarding his qualications or legal service. He
may only publish in a reputable law list primarily for
that purpose. It cannot be in a mere supplemental
feature of a paper, magazine, trade journal or
periodical which is published principally for other
purposes (Ulep v. Legal Aid Clinic, Inc., 223 SCRA
378 [1993]).

Ethical. This is already the act of a client, not of the

lawyer, unless it was permitted by the lawyer,
otherwise, it would make practice of law a form of
self-laudation and convert it to a commercial
undertaking. Practice of law is not a business. It is a
profession. Lavvyering is not primarily meant to be a
money-making venture, and law advocacy is not a
capital that necessarily yields prots (Palencia v.
Atty. Pedro Linsangan, et al., A.C. No. 10557, July
10, 2018; Tenoso v. Atty. Echavez, A.C. No. 8384,
April 11, 2013, Leonen, J).
 BAR Q & A
LEGAL ETHICS

Unethical. The announcement in a newspaper that

he will give free advice is a form of self-laudation
and advertisement that has no place in the Iegai
profession (In Re: Luis Tagorda, March 23, 1929).

--oOo--
 2018 BAR EXAMINATIONS IN
LEGAL ETHICS

I
The lawyer's oath is a source of any lawyer's obligations
and its violation is a ground for the lawyer's suspension,
disbarment, or other disciplinary action. Without stating your
name and other circumstances that will identify you, sub-
stantially write down the lawyer's oath that a person who has
passed the bar examinations is required to take and subscribe
to before the Supreme Court. (5%)

ANS: I do solemnly swear that I will maintain allegiance to the

Republic of the Philippines; I will support its Constitution and
obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the
doing of any in court; I will not wittingly or willingly promote or
sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice,
and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good delity as well to the
courts as to my clients; and I impose upon myself these
voluntary obligations without any mental reservation or purpose
of evasion. So help me God.

II
In a complaint led before the Integrated Bar of the
Philippines (IBP) against Atty. Cirilo Celis, a senior citizen, it
was shown that: a) he failed to pay his IBP dues for six (6)

313
314 BAR Q & A
LEGAL ETHICS

years; b) he indicated uniformly in his pleadings for three (3)

consecutive years “IBP Muntiniupa OR No. 12345” as proof of
payment of his IBP fees; and c) he did not indicate any
Professional Tax Receipt number to prove payment of his
professional dues.

In his defense, Atty. Celis alleged that he is only engaged

in a “limited” law practice, and his principal occupation, as
disclosed in his income tax return, is that of a farmer of a 30-
hectare orchard and pineapple farm in Camarines Sur. He also
claimed that he believed in good faith that, as a senior citizen,
he was exempt from payment of taxes, such as income tax,
under Republic Act No. 7432 which grants senior citizens
“exemption from the payment of individual income taxes
provided that their annual taxable income does not exceed the
poverty level as determined by the NEDA for that year.”

As a member of the IBP Board of Governors, decide on the

following:
(a) the validity of his claim that, being engaged in a
limited practice of law and being a senior citizen who
is exempt from the payment of taxes, he is not
required to pay his IBP and professional dues; (2.5%)

ANS: (a) Atty. Celis can engage in the practice of law only by
paying his IBP dues, and it does not matter that his practice is
“limited" (Sections 9 and 10, Rule 139-A). While it IS true that
R.A. No. 7432, Sec. 4, grants senior citizens exemption from
the payment of individual income taxes provided that their
annual taxable income does not exceed the poverty level as
determined by the National Economic and Development
Authority (NEDA) for that year, the exemption does not include
 2018 LEGAL ETHICS 315
BAR QUESTIONS AND SUGGESTED ANSWERS

payment of membership or association dues, which is not a tax

(Santos, Jr. vs. Llamas, 322 SCRA 529 [2000]).

(b) the obligations, if any, under the Rules of Court and

the Code of Professional Responsibility that Atty. Celis
may have violated. (2.5%)

ANS: (b) Atty. Cells violated the rule that a lawyer shall at all
times uphold the integrity and dignity of the legal profession
and support the activities of the integrated Bar (Canon 7, Code
of Professional Responsibility).
Aside from the aforesaid rule, he violated the following
rules: “Every member of the Integrated Bar shall pay such
annual dues as the Board of Governors shall determine with the
approval of the Supreme Court” (Sec. 9, Rule 139 — A, Rules of
Court).

“Subject to the provision of Section 12 of this Rule, default

in the payment of annual dues for six months shall warrant
suspension of members in the Integrated Bar, and default in
such payment for one year shall be a ground for removal of the
name of the delinquent member from the Roll of Attorneys”
(Sec. 10, Rule 139-A, Rules of Court).

III
Carina was dismissed by her employer for breach of trust
and condence, and for willful violation of company rules and
policies. She led an action for illegal dismissal claiming that
her termination was without legal basis. The Labor Arbiter
found that she was illegally dismissed and awarded her the
amount of PhP 80 million. On appeal to the National Labor
316 BAR Q & A
LEGAL ETHICS

Relations Commission (NLRC), the award was reduced to PhP40

million as separation pay, plus PhP5 million for the value of her
stock option plans which would have vested if she were not
illegally dismissed from her job. Unsatised with the NLRC’s
decision, she appealed to the Couit of Appeals (CA) the amount
of monetary award granted by the NLRC. She engaged the
sen/ices of Casal, Casos and Associates to handle her appeal.
Her retainer agreement with Casal, Casos and Associates
provided for contingent fees equivalent to 10% of her claim for
separation pay and 10% of the value of stock options to be
awarded to her.

The CA decision was not favorable to Carina, so she

appealed the same to the Supreme Court (the Court). While the
case was pending appeal with the Court, Carina entered into a
compromise agreement with her employer to terminate the
case upon payment to her of the full amount of PhP 40 million,
less the PhP15 million previously paid to her by her employer.
Before the compromise agreement was nalized, Carina
terminated the services of Casal, Casos and Associates and
asked them to withdraw from the case pending before the
Court. The parties negotiated the compromise agreement
without the participation of their lawyers since the employer
imposed the condition that no lawyers should be involved in the
compromise negotiation. She, together with her employer, then
led the Compromise Agreement for approval by the Court, and
sought the termination of the case, with prejudice.

Casal, Casos and Associates led a motion to intervene in

the case pending with the Court, praying that Carina be ordered
to pay them PhP4 million, representing 10% of the amount
received by Carina from her employer in settlement of the case,
 2018 LEGAL ETHICS 317
BAR QUESTIONS AND SUGGESTED ANSWERS

plus 6% legal interest from the date of ling of the motion for
intervention, until fully paid. The intervenors claimed that they
were dismissed without justiable cause prior to the signing of
the compromise agreement for the reason that Carina, their
client, wanted to evade payment of their legal fees. Carina
claimed they were dismissed because Attys. Casal and Casos,
who personally handled her case, had resigned from the law
rm to join the government, and because of the negligence and
failure of her lawyers to attend to her case. In reply, the
intervenors said that the engagement was with the law rm and
not with individual lawyers. The law rm also presented letters
signed by their client commending them for work done well in
the case.

(8) May lawyers legally charge their clients based on

contingent fees? (2.5%)

ANS:

(6) Yes, since such continency fee contract is valid in this

jurisdiction (Law F/rm of Raymundo Armov/t v. CA, et
a/., GR. N0. 90983, September 27, 1991," Can/as v.
CA, 164 SCRA 160). Rule 21.01 (h) of the Code of
Professional Responsibility provides the contingency
or certainty of compensation as one of the factors in
determining fair and reasonable fees. A contingent
fee contract is an agreement whereby the fee, usually
xed percentage of what may be recovered is made
to depend on the success of the action. It is designed
to help litigants who cannot afford to pay the sen/ices
of a lawyer outright. It is an implementation of the
free access to courts rule in the Constitution.
318 BAR Q & A
LEGAL ETHICS

(b) Should Casal, Casos and Associates be allowed to

intervene in the case pending before the Court in
order to collect their fees from Carina? (2.5%)

ANS: (b) Yes. A lawyer is entitled to the judicial protection

against injustice, imposition or fraud on the part of the client,
as the client against abuse on the part of his counsel. The Code
of Professional Responsibility permits the registration of a lien
although the lawyer concerned does not nish the case
successfully in favor of his client, because “a lawyer who quits
or is dismissed before the completion of his task is as much
entitled to protection of the rule” (Ru/e 16.03; Pa/anca vs.
Pecson, G.R. Nos. L-6334 and L-6346, February 25 1954).

Counsel's claim for attorney's fees may be asserted either

in the very action in which the services in question have been
rendered for or in a separate action. If the rst alternative is
chosen, the Court may pass upon said claim even if its amount
were less than the amount prescribed by law for the jurisdiction
of said court, upon the theory that the right to recover
attorney's fees is but an incident of the case in which the
sen/ices of counsel have been rendered (Qu/rante v.
Intermediate Appe//ate Cou/1; GR. N0. 73886, January 31,
1989; Rosar/'0, Jr. v. de Guzman, et a/., GR. No. 191247, Ju/y
10, 2013).

While a claim for attorney's fees may be led before the

judgment is rendered, the determination as to the propriety of
the fees or as to the amount thereof will have to be held in
abeyance until the main case from which the lawyer's claim for
attorney's fees may arise has become nal. Otherwise, the
determination to be made by the courts will be premature. Of
 2018 LEGAL ETHICS 319
BAR QUESTIONS AND SUGGESTED ANSWERS

course, a petition for attorney's fees may be led before the

judgment in favor of the client is satised or the proceeds
thereof delivered to the client.

(c) Can Carina refuse to pay attorneys’ fees on the

ground that the lawyers who personally handled her
case had already resigned from the law rm with
which she had contracted? (2.5%)

ANS: (c) No. When a client engages a law rm to represent

him, his contract is with a law rm and not with the individual
lawyers. The resignation, illness or inability of some of their
lawyers will not affect the ability of the law rm to continue its
services. It does not extinguish the lawyer-client relationship
between the law rm and the client. The mere fact the lawyer
designated to handle the case, left the law ofce is of no
moment (BR Sebastian E/7t., Inc. v. CA, G.R. N0. /.-41862,
February 7, 1992; A/cantara v. Ad)/. Samuel 5a/as, A.C. N0.
3989, December 10, 2019). It cannot be used to evade
payment of attorneys’ fees due to the law rm otherwise, it
would result in so/ut/'0 /ndeb/t/.

(d) May Carina’s employer, defendant in this case, be

held solidarily liable with Carina for the payment of
the attorneys’ fees of Carina’s lawyers? (2.5%)

ANS: (d) Yes. If the evidence shows that the employer of

Carina imposed the “no la\/vyers in the negotiation of the
compromise agreement rule’ because of connivance in evading
payment of Carina’s lawyers, then the defendant employer
should be held solidarily liable in the payment of attorneys’ fees
to Carina’s lawyers. When the other party to the case is also
320 BAR Q & A
LEGAL ETHICS

guilty of fraud in the payment of legal fees, he becomes a joint

tortfeasor and should be held solidarily liable with Carina. By
participating in the fraud, Carina’s employer also becomes liable
even if Casals, Casos and Associates was hired only to
represent Carina (Ma/var v. Kraft Foods, G.R. 183952,
Sepember 8, 201.3.

(e) May the intervenors collect legal interest in addition to

their attorneys’ fees? (2.5%)

ANS: (e) No. Legal interest cannot be imposed on attorney's

fees because it is not an ordinary contract of loan or a
forebearance of money. The rule on payment of legal rate of
interest in the event of default applies only to ordinary
obligations and contracts (Bach v. Ongk//<0 Ka/aw Man/1/t and
Acorda Law 0/Wee, GR. N0. 16033<L Sepember 11, 2006).

IV

Atty. Cornelio Carbon, 36 years of age, had always dreamed of

becoming a judge, and eventually, a justice, but his legal career
took a different turn. Upon graduation, he joined a
government-owned nancial institution where he worked in the
Loans and Claims Division. He also taught Negotiable
Instruments Law in a nearby law school at night. He has been
active in his IBP Chapter and other law organizations. However,
in his 12 years of practice, he has never done trial or litigation
work.

(a) Is Atty. Carbon engaged in the “practice of law”?

(2.5%)
 2018 LEGAL ETHICS 321
BAR QUESTIONS AND SUGGESTED ANSWERS

ANS: (a) Yes, he is engaged in the practice of law. Practice of

law is “any activity in or out of court which requires the
application of law, legal procedure, knowledge, training and
experience” (Cayeta/10 v. Monsoa 201 SCRA 210 [1991]). Work
in the government that requires the use of legal knowledge is
considered practice of law (L/ngan v. Ca/ubaqu/b, 727 SCRA 355
[Z014], Fajardo v. A/varez, A.C. N0. 9018, Apr/7 20, 2016).
Lawyers who teach law are considered engaged in the practice
of law (Re: Letter of the UP Law Facu/ty, A.M. N0. 10-10-4-SC,
March 8, Z011). Practice of law does not require actual
appearance in court or trial work. Preparation of documents or
giving legal advice is sufcient.

(b) Is Atty. Carbon qualied to become a Regional Trial

Court Judge? (2.5%)

ANS: (b) Yes, as long as he is a natural-born citizen of the

Philippines, at least 35 years of age, and has practiced law or
held public ofce requiring practice of law for at least 10 years.
There is no requirement that he should have done actual trial or
litigation work.

Practice of law means any activity, in or out of court,

which requires the application of law, legal procedure,
knowledge, training and experience. Generally, to practice law
is to give notice or render any kind of service, which device or
sen/ice requires the use in any degree of legal knowledge
(Cayeta/10 v. Monsoo 201 SCRA Z10, September 3; 1991,-
L/ngan v. Ca/ubaqu/‘b, A.C. N0. 5377, 727 SCRA 341, Leone/1, .7;
Fajardo v. Atty. N/canor C. A/varez, A.C. N0. 9018; Apr// 20,
2016, Lear/en, J).
322 BAR Q & A
LEGAL ETHICS

Carlos contracted two marriages: the rst was with

Consuelo, whom he left in the province, and the second was
with Corinne in Manila, with whom he had six (6) children. Both
women were unaware of Carlo’s marriage to the other.

When Carlos entered law school, he met Cristina, a

classmate, to whom he conded his marital status. Not long
after, Carlos and Cristina became involved in an extramarital
affair, as a result of which Carlos left Corinne and their children.
During Carlos and Cristina’s senior year in law school, Consuelo
passed away. After their admission to the bar, Atty. Carlos and
Atty. Cristina decided to get married in Hong Kong in a very
private ceremony. When Corinne learned of Carlos and
Cristina’s wedding in Hong Kong, she led a dlsbarment case
against Atty. Carlos and Atty. Cristina on the ground of gross
immorality. Atty. Carlos and Atty. Cristina raised the following
defenses:
a) the acts complained of took place before they were
admitted to the bar; and
b) Atty. Carlos’ marriage to Corinne was void ab /n/t/0
due to his subsisting rst marriage with Consuelo,
and they were free to marry after Consuelo died.

Rule on each defense. (2.5% each)

ANS: The defense is not proper since it is immaterial that the

acts complained of were committed before they were admitted
to the bar. The possession of good moral character is both a
condition precedent for admission to the bar and a continuing
 2018 LEGAL ETHICS 323
BAR QUESTIONS AND SUGGESTED ANSWERS

condition to remain a member of the legal profession. In a

case, the Supreme Court ruled:

“Admission to the bar does not preclude

a subsequent judicial inquiry, upon proper
complaint, into any question concerning the
mental or moral tness of the respondent
before he became a lawyer. Admission to the
practice only creates the rebuttable presump-
tion that the applicant has all the qualications
to become a lawyer, this may be refuted by
clear and convincing evidence to the contrary
even after admission to the Bar” (Garrido v.
Garrido, A.C. No. 6593, February 4, 2010).

(b) No. The defense is not valid. In the case of Garrido,

the SC ruled that:

“While Atty. Valencia (third wife)

contends that Atty. Garrido’s marriage with
Maelotisea (second wife) was null and void,
the fact remains that (s)he took a man away
from a woman who bore him six (6) children.
Ordinary decency would have required her to
ward off Atty. Garrido’s advances, as he was a
married man, in fact a twice-married man with
both marriages subsisting at that time, she
should have said no to Atty. Garrido from the
very start. Instead, she continued her liaison
with Atty. Garrido, driving him, upon the death
of Constancia, away from legitimizing his
relationship with Maelotisea and their children.
Worse than this, because of Atty. Valencia's
presence and willingness, Atty. Garrido even
left his second family and six children for a
324 BAR Q & A
LEGAL ETHICS

third marriage with her. This scenario smacks

of immorality even if viewed outside of the
prism of law.

We are not unmindful of Atty. Valencia's

expressed belief that Atty. Garrido’s second
marriage to Maelotisea was invalid, hence,
she felt free to marry Atty. Garrido. While
this may be correct in the strict legal sense
and was later on conrmed by the declaration
of the nullity of Atty. Garrido’s marriage to
Maelotisea, we do not believe at all in the
honesty of this expressed belief” (Garrido v.
Garrido, A.C. No. 6593, February 4, 2010).

VI

Mrs. Conchita Conchu engaged the services of Atty. Carlo

Colorado to act as private prosecutor to handle a criminal case
against persons suspected of slaying her husband. Atty.
Colorado performed his duties he interviewed witnesses to build
up his case and religiously attended hearings. However, he
failed to attend one hearing (allegedly because he did not
receive a notice) in which the court, over Mrs. Conchu’s
objections, granted bail to all the accused. Mrs. Conchu
belligerently confronted Atty. Colorado about his absence.
Stung by Mrs. Conchu’s words, Atty. Colorado led with the
court a “Motion to Withdraw as Counsel". The motion did not
bear the consent of Mrs. Conchu, as in fact, Mrs. Conchu
refused to sign her conformity to Atty. Colorado's withdrawal.
Meanwhile, the hearing in the criminal case continued, but Atty.
Colorado no longer appeared at the hearings nor did he contact
Mrs. Conchu. Mrs. Conchu then led a complaint seeking
 2018 LEGAL ETHICS 325
BAR QUESTIONS AND SUGGESTED ANSWERS

disciplinary sanctions against Atty. Colorado. Atty. Colorado

cited “loss of condence” and “serious differences” with the
client as his reasons for withdrawing his services unilaterally.

Can Atty. Colorado be sanctioned for his actions? (2.5%)

ANS: Yes. Atty. Colorado can be sanctioned for his actions.

Under the Rules, an attorney who undertakes to conduct an
action impliedly stipulates to carry it to its conclusion. He is not
at liberty to abandon it without reasonable cause.

While the right of the client to terminate the relation is

absolute, i.e., with or without a cause, the right of the attorney
to withdraw or terminate the relation other than for sufcient
case is considerably restricted. Among the fundamental rules of
ethics is the principle that an attorney who undertakes to
conduct an action impliedly stipulates to carry it to its
termination. He is not at liberty to abandon it without
reasonable cause.

The grounds wherein a lawyer may withdraw his services

are well-dened (see Rule 22.01). Whether or not a lawyer has
a valid cause for withdrawing from a case, he cannot just do so
and leave. the client out in the cold unprotected. An attorney
may only retire from a case either by written consent of his
client or by permission of the court after the due notice and
hearing, in which event the lawyer should see to it that the
name of the new counsel is recorded in the case ($autec0 v.
Atty. Luna Avance, A.C. N0. 538% December 11, 2003," Chang
v. Atty. Jose H/c/a/go, A.C. N0. 6934, April 6, 2016, Leone/7, J).
326 BAR Q & A
LEGAL ETHICS

VII

Atty. Celso Casis’ relationship with Miss Cory Cerrada

began when he represented her in several criminal cases for
estafa and violation of B.P. 22. His expertise and diligence in
personally assisting and facilitating her release on bail and
other legal actions saved her from many legal predicaments.
Despite her initial resistance, Miss Cerrada, convinced by Atty.
Casis’ sincerity and representation that he was separated from
his wife and was taking necessary steps for the annulment of
his marriage, began to live with him openly as husband and
wife. One day, Atty. Casis’ wife suddenly entered Miss Cerrada’s
home and assaulted her, inicting injuries. Miss Cerrada then
led a complaint with the IBP charging Atty. Casis with gross
immorality and gross misconduct. However, shortly afterwards,
upon Atty. Casis’ pleas, Miss Cerrada led a motion to withdraw
the complaint. The IBP had required Atty. Casis to le an
answer but he did not do so, relying on Miss Cerrada’s
withdrawal of the complaint against him. Can the IBP continue
to investigate Atty. Casis and recommend the imposition of
sanctions against him, and for the Court to impose sanctions, if
warranted, notwithstanding Miss Cerrada’s ling of the motion
to withdraw the complaint against him? (2.5%)

ANS: Yes. The IBP can continue to investigate Atty. Casis. A

disbarment proceeding is su/' gener/s, neither a civil or a
criminal action. Not being a civil action, the complainant is not a
plaintiff nor the respondent a defendant. It involves no private
interest and affords no redress for private grievances. A
disciplinary action is in reality an investigation by the court into
the misconduct of its ofcer or an examination into his
character. Desistance or withdrawal of the disbarment case
 2018 LEGAL ETHICS 327
BAR QUESTIONS AND SUGGESTED ANSWERS

does not exonerate the respondent. If the evidence on record

warrants, the respondent may be suspended or disbarred
despite the desistance of the complainant or his withdrawal of
the charges (Rayos-Ombac v. Rayos, 285 SCRA 93[J998],'
Ventura v. Atty. Dan/70 Samson, A.C. No. 9606} November 27,
2012; Atly. Pedro Aguirre v. A tiy. Cr/Lsp/n Reyes, A.C. N0. 4355}
January 8, 2020, January 8, 2020, Lazaro, Ja v/er, J).

VIII
Judge Ce/so Camarin posted /n the bulletin board of his
sala for two weeks, an advertisement which says: “Wanted
attractive waitresses, personable waiters and cooks who may
be interested in applying for employment in my family's
restaurant business. Interested applicants may submit
applications to Branch >OO<, RTC of Camarines Sur.” The
screening of some applicants was also conducted in the Judge's
ofce. What provisions, if any, of the Code of Judicial Conduct
did Judge Camarin violate? (2.5%)

ANS: The judge violated the following rules:

Canon 11, Rule 2.00 -— A Judge should avoid impropriety

and the appearance of impropriety in all activities.

Canon 5, Rule 5.02 — A judge refrain from nancial and

business dealings that tend to reflect adversely on the court's
impartiality, interfere with the proper performance of judicial
activities, or increase involvement with lawyers or persons likely
to come before the court. A Judge should so manage
investments and other nancial interest to minimize the number
of case giving grounds for disqualication, and if necessary
328 BAR Q & A
LEGAL ETHICS

divest such investment and interests. Divestment shall be made

within one year from the effectivity of this Code or from
appointment, as the case may be.

Rule 5.03 Subject to the provisions of the preceding rule,

—

a judge may hold and manage investment but should not sen/e
as an ofce, director, advisor, or employee of any business
except as director, or non-legal consultant of a family business
(Dionisio vs. Escano, 302 SCRA 411, February 1, 1999).

Furthermore, the New Code of Judicial Conduct for the

Philippine Judiciary provides:

Canon 4, Section 1 — Judges shall avoid impropriety and

the appearance of impropriety in all their activities.

Section 7 — Judges shall inform themselves about their

personal duciary nancial interests and shall make reasonable
efforts to be informed about the nancial interest of the
members of their family.

Section 8 — Judges shall not use or lend the prestige of the

judicial ofce to advance their private interest, or of those of
any member of their family or of anyone else, no shall they
convey or permit others to convey the impression that anyone
is in special position to inuence them in the performance of
their judicial duties.

IX

In a case pending before the Sandiganbayan, the

Sandiganbayan justices themselves actually took part in the
questioning of a defense witness and the accused. The records
show that, while a witness was asked 16 questions on direct
 2018 LEGAL ETHICS 329
BAR QUESTIONS AND SUGGESTED ANSWERS

examination by the defense counsel and six (6) questions by

the prosecutor on cross-examination, one justice inteijected a
total of 27 questions. After the defense opted not to conduct
any re-direct examination, another justice asked 10 more
questions. With respect to one of the accused, both justices
asked a total of 67 questions after cross-examination, and with
respect to the other accused, a total of 41 questions after
cross-examination. More importantly, the questions of the
justices were in the nature of cross-examinations characteristic
of confrontation, probing, and insinuation. Is this manner of
questioning proper? (5%)

ANS: Yes. A trial judge has the right to question witnesses with
a view to satisfying his mind upon any material point which
presents itself during the trial of a case over which he presides.
But not only should his examination be limited to asking
"c/ar/cato/3/” questions, the right should be sparingly and
judiciously used, for the rule is that the court should stay out of
it as much as possible, neither interfering nor intervening in the
conduct of the trial. Here, these limitations were not observed.
Hardly in fact can one avoid the impression that the
Sandiganbayan had allied itself with, or to be more precise, had
taken the cudgels for the prosecution in proving the case
against Tabuena and Peralta when the Justices cross-examined
the witnesses, their cross-examination supplementing those
made by Prosecutor Viernes and far exceeding the latter’s
questions in length. The \\ co/d neutrality of an /'mpan‘/'a/ judge //
requirement of due process was certainly denied Tabuena and
Peralta when the court, with its overzealousness, assumed the
dual rule of magistrate and advocate” (Tabuena v.
Sana’/ganbayan, 268 SCRA 332 [1997]). If a judge ask
questions to a witness, the same should only be geared
330 BAR Q & A
LEGAL ETHICS

towards clarication of certain factual matters the judge would

like to be informed for a better application of the facts and
evidence.

In a complaint for disbarment, Connie alleged that she

engaged the services of Atty. Cesar Corpuz in the preparation
and execution in her favor of a Deed of Sale over a parcel of
land from her common-law husband. Subsequently, Atty.
Corpuz led a civil case on behalf of Constancia, the legal wife
of Connie's common-law husband, for the annulment of the
Deed of Sale, impleading Connie as defendant.

In his defense, Atty. Corpuz assented that, with the

permission of Constancia, he wrote a letter to Connie informing
the latter of Constancia’s adverse claim and urging her to settle
the same, but Connie ignored his letter. He also said that
Connie did not object to his handling of the case on behalf of
Constancia; and therefore, he felt free to le the complaint
against her. Is Atty. Corpuz guilty of misconduct for
representing conflicting interests? (5%)

ANS: Yes. Canon 15 of the Code of Professional Responsibility

provides that a lawyer shall not represent conicting interests
except by written consent of all concerned given after a full
disclosure of the facts. Atty. Corpuz was clearly guilty of
misconduct for representing conicting interests. Not only did
Atty. Corpuz agree to represent one client against another
client in the same action, he also accepted a new engagement
that required him to oppose the interest of his other client in a
property in which his legal service had been previously
 2018 LEGAL ETHICS 331
BAR QUESTIONS AND $UGGESTED ANSWERS

retained. Atty. Corpuz did not qualify for the exception under
Canon 15. He did not make a full disclosure of facts to Connie
and Constancia before he accepted the new engagement from
Constancia. He failed to obtain the written consent of his two
clients as required under Canon 15 (Josena M. An/non v. Atty.
C/emenc/0 Sab/tsana, Jr., A.C. N0. 5096} April 11, 2012).

XI

Atty. Claire Cortez, a member of the Philippine Bar who

was also admitted to the New York Bar, was disbarred from the
practice of law in New York for violation of Anti-Money
Laundering laws of that State. She returned to the Philippines in
order to resume her Philippine law practice.

Can she also be disbarred from practicing law in the

Philippines for the same infraction committed in the foreign
jurisdiction? (5%)

ANS: Yes, she can, if the ground for which she was disbarred
in New York is also a ground for disbarment in the Philippines.
But she is entitled to due process and she can be disbarred
here only after notice and hearing. The disbarment decision in
New York will only constitute pr/ma fac/e evidence of her guilt
(In re: Maquera, 435 SCRA 417 [2004]).

XII

From February to November 2004, Atty. Calumpang, in

fraudulent connivance with brokers, convinced Corinna to
deliver to him advance money for the titling of a beachfront
property in Caramoan. Six months had elapsed and Atty.
332 BAR Q & A
LEGAL ETHICS

Calumpang had made absolutely no progress in the titling of

the land. He also could not return the advance money paid by
Corinna because he had converted the money to his personal
use. After almost a decade, and the property could still not be
titled in Corinna’s name, she led an action with the
Commission on Bar Discipline (CBD) in 2014 for deceit,
malpractice, and conduct unbecoming of a member of the Bar.
In his defense, Atty. Calumpang asserted that, since the acts
complained of took place more than 10 years ago, the case had
already prescribed. Rule on the defense of Atty. Calumpang.
(5%)

ANS: A disbarment proceeding is imprescriptible which is not

subject to the defense of prescription. The ordinary statutes of
limitations have no application to disbarment proceedings (Ca/0
v. Degamo, 20 SCRA 1162[1967], Fr/as v. Baut/Sta-Lozada, 489
SCRA 349 [Z006], Heck v. Santos, 423 SCRA 329 [2004]).
However, an unexplained long delay in the ling of an
administrative case creates suspicion on the motives of the
complainant (Sa/amanca v. Baut/Sta, 8 SCRA 459[1963], Va/dez
v. Va/era, 81 SCRA 246 [2015]). Disciplinary proceedings
against lawyers are su/' gener/Ls in that they are neither purely
civil nor purely criminal; they involve investigations by the Court
into conducts of its officers (Pena v. Aparic/0, 525 SCRA 444
[Z007]; D/zon v. Atty. Nor//"ta de Taza, A.C. N0. 7676, June 10,
2014).

XIII
Dr. Cielo is a well-known medical doctor specializing in
cosmetic surgery. Dr. Cielo, together with a team of doctors,
performed a surgical buttocks enhancement procedure in her
 2018 LEGAL ETHICS 333
BAR QUESTIONS AND SUGGESTED ANSWERS

clinic on Ms. Cossette Concio (Concio). Unfortunately, after a

couple of years, the implant introduced during the
enhancement procedure caused infection and Concio became
seriously ill.

Concio led a criminal action for medical malpractice

against Dr. Cielo which was eventually dismissed for failure to
prove that Dr. Cielo was negligent. Concio was represented in
this action by Atty. Cogie Ciguerra (Ciguerra). After they lost
the medical malpractice case, Ciguerra started writing a series
of posts on his Facebook (FB) account containing insulting and
verbally abuse language against Dr. Cielo. Among others,
Ciguerra called Dr. Cielo a quack doctor, “reyna ng kaplastikan
at kapalpakan”, and accused her of maintaining a payo/a or
extra-legal budget to pay off prosecutors and judges in order to
win her cases. He also called on patients to boycott the clinic of
Dr. Cielo.

Dr. Cielo led a disbarment case against Ciguerra for

posting on his FB account, sexist, vulgar, and obscene
comments, and language disrespectful of women in his FB
posts. Ciguerra’s defense is that his FB posts were private
remarks on his private FB account and only meant to be shared
among his FB friends, and Dr. Cielo was not part of them. He
also claimed that the disbarment case was led in violation of
his constitutionally-guaranteed right to privacy. The Court,
however, found that Ciguerra’s FB account did not have privacy
settings. Can Ciguerra be disbarred for the series of posts in his
FB account against Dr. Cielo? (5%)

ANS: Yes. A lavvyer’s defense of privacy by pointing out that he

failed to prove that he used the privacy tools of Facebook to
334 BAR Q & A
LEGAL ETHICS

limit his messages to his “friend” is not correct (Ma. Victoria G.

Be/0-Henares v. Atty. Roberto “Argee” C. Guevarra, A.C. No.
1394, December 1, 2016). Even if he did so there is no
guarantee that his friends will not pass on his messages to their
friends.

As to the defense of freedom of speech, the Supreme

Court ruled:

“Time and again, it has been held that

the freedom of speech and of expression, like
all constitutional freedoms, is not absolute.
While the freedom of expression and the right
of speech and of the press are among the
most zealously protected rights in the
Constitution, every person exercising them, as
the Civil Code stresses, is obliged to act with
justice, give everyone his due, and observe
honesty and good faith. As such, the
constitutional right of freedom of expression
may not be availed of to broadcast lies, half-
truths, insult others, destroy their names,
reputation of bring them into disrepute”.

XIV

Cacai, law student, led an administrative complaint

a
against RTC Judge Casimiro Conde, her professor in law school,
based on the following allegations:

(a) In a school convocation where Judge Conde was the

guest speaker, Judge Conde openly disagreed and
criticized a recently-decided Supreme Court decision
and even stressed that the decision of the Supreme
 2018 LEGAL ETHICS 335
BAR QUESTIONS AND SUGGESTED ANSWERS

Court in that case was a serious violation of the

Constitution.
b) In his class discussions, Judge Conde named Cacai’s
mother, an MTC judge, as one of the judges involved
in a marriage scam. At that time, the case against her
mother was still pending. Judge Conde also included
in his class discussion Cacai’s brother whom he
referred to as a “court-noted drug addict.”

Cacai assented that the acts of Judge Conde were open

displays of insensitivity, impropriety, and lack of de//cadeza
bordering on oppressive and abusive conduct. She also alleged
that Judge Conde acted with absolute disrespect for the Court
and violated the “subjudice rule” when he discussed the
marriage scam involving her mother because, at that time, the
case was still pending.

In his defense, Judge Conde argued that the case he

discussed in the school convocation was already of public
knowledge and had been published after it had become nal.
He also said it was part of his academic freedom to openly
discuss and criticize a decision of the Court since it was already
decided with nality, was patently erroneous, and clearly a
violation of the Constitution. With respect to discussions in class
about Cacai’s mother, he said that the marriage scam where
her mother was charged scandalized the Judiciary and became
public knowledge when the Office of the Court Administrator
held a press conference on the matter and, that as a citizen, he
could comment thereon in the exercise of his rights to freedom
of speech and expression. He also asserted that his discussions
in both fora could not be the subject of an administrative
336 BAR Q & A
LEGAL ETHICS

complaint because they were not done in the performance of

his judicial duties.

Rule on each of the charges raised by Cacai, and the

corresponding defenses raised by Judge Conde. (2.5% each)

ANS: (a) Under the Rules judges like any other citizens, are
entitled to freedom of expressions, belief, association and
assembly, but in exercising such right, they shall always
conduct themselves in such a manner as to presen/e the dignity
of the judicial ofce and the impartiality of the judiciary (Canon
4, Sec. 6, The New Code of Judicial Conduct. Judge Conde,
however, should not have criticized in public the Supreme Count
decision as a serious violation of the Constitution. He should
have avoided any discussion in order to presen/e the traditional
non-involvement of the judiciary in public discussion of
controversial issues (In re: Query of the MTC Lawyers of
Zamboanga de/ N0/Te, A.M. No. 86-11-3690).

(b) Judge Conde is guilty of conduct unbecoming of a

judge in using intemperate language and unnecessary
comments tending to project Cacai’s mother as a corrupt and
ignorant judge and her brother as a drug addict (in his class
discussion). While the Code of Judicial Conduct recognizes the
right of judges to freedom of expression, this freedom should
be exercised in a manner that would preserve the dignity,
independence and respect for himself and judiciary as a whole.
A magistrate should not descend to the level of a sharp-
tongued, ill-mannered petty tyrant by uttering harsh words,
snide remarks and sarcastic comments. Judge Conde can be
held administratively liable even though his improper comments
were made in his class discussions because ethical conduct is
 2018 LEGAL ETHICS 337
BAR QUESTIONS AND SUGGESTED Awswens

expected of him as a judge not only in the performance of his

judicial duties, but in his professional and private activities as
well. A judge, in order to promote public condence in the
integrity and impartiality of the judiciary, must behave with
propriety at all times. A judge's ofcial life cannot be detached
or separated from his personal existence. Judge Conde also
violated the subjudice rule which restricts comments and
disclosures pertaining to judicial proceedings in order to avoid
obstructing the administration of justice. At the time Judge
Conde discussed the marriage scam, the case was still pending
(Torm/s vParec/es, A.M. No. R7]-13-2366, February 4, 2015).

XV

Charo Conti engaged the services of Atty. Cesar

Compostela for the registration of a property located in Cebu,
and which property she had inherited together with her siblings.
It was agreed in writing that Charo would pay Atty. Compostela
PhP 20,000 as acceptance fee and PhP2,000 as appearance fee.
During the last hearing of the case, Atty. Compostela
demanded an additional amount of PhP20,000 for the
preparation of a memorandum, which he said would further
strengthen Charo’s position, plus 20% of the total area of the
property as additional fees for his services. Charo did not agree
to Atty. Compostela’s demands since they were contrary to
their agreement. Besides, the property was co—owned with her
siblings and she could not agree to Atty. Compostela’s demands
without the consent of her co-heirs.
Four (4) years later, the petition for registration was
approved and the Land Registration Authority notied Charo
that the decree of registration and the original of the owner's
338 BAR Q & A
LEGAL ETHICS

duplicate copy of the title had already been transmitted to the

Register of Deeds (RD). When Charo went to the RD, she was
surprised to discover that the owner's duplicate copy of the title
had already been claimed by, and released to, Atty.
Compostela. Despite demand, Atty. Compostela refused to
deliver the title to Charo until she paid the additional attorneys’
fees that he was demanding. Charo then instituted a complaint
for disbarment against him. In his defense, Atty. Compostela
claimed that:
(a) he had a right to retain the owner's duplicate of the
title as his retaining lien; and
(b) he was entitled to the payment of additional
professional fees on the basis of the principle of
quantum meru/t.

Rule on Atty. Compostela’s defenses. (2.5% each)

ANS: (a) A lawyer has a right to retaining lien only if there is

an agreement as to the amount his fees. It does not extend to
the subject matter of the action like the title. In this case, there
is no agreement as to Atty. Copmpostela’s claim for additional
fees. In fact, the client is opposed to the lavvyer’s proposal for
such additional fees especially so that there was no agreement
between them.

(b) A lawyer is entitled to fees on the basis of quantum

meru/t only in the following cases:
1. There is no agreement between the lawyer and the
client as to the former's fees;
2. There is an agreement but it is void;
 2018 LEGAL ETHICS 339
BAR QUESTIONS AND SUGGESTED ANSWERS

3. There is an agreement but it has been set aside by

the parties themselves;
4. There is an agreement but the court has set it aside
because it found the fees to be unconscionable;

5. There is an agreement but the sen/ices of the lawyer

were terminated by the client for just cause.

None of these instances exist in this case. Atty.

Compostela is not entitled to additional fees on the basis of
quantum meru/t.

XVI

On March 1, 2017, sisters and business partners Carmina

and Celeste Corominas borrowed PhP500,000 from Carmen
Carunungan. It was agreed that the amount will be paid in full
one year after, or on March 1, 2018, with interest at the rate of
10% per annum, without necessity of a demand. They also
agreed to be bound jointly and severally. For this purpose, they
executed a promissory note, secured by a postdated check in
the amount of PhP550,000 drawn from their joint account,
which check was dated March 1, 2018.

When the debt became due, Carmen deposited the check

but it was dishonored for insufcient funds. Carmen then sued
Carmina and Celeste for estafa through falsication of a
commercial document. After nding probable cause, the
prosecutor led a criminal case in count, where the sisters were
required to le their joint Judicial Afdavit. In their afdavit,
they raised the defense that they could not be guilty of estafa
because: (i) the check was issued only as a form of security; (ii)
even if issued as payment, it was for a pre-existing debt; and
340 BAR Q & A
LEGAL ETHICS

(iii) it was only upon Carmen's insistence that they issued the
check.

Before the case could be decided, the sisters offered to

settle their debt through a dac/on en pago. They offered a
Honda CRV which they jointly owned in full settlement of the
loan. Carmen agreed.

Prepare the following documents in legally acceptable and

enforceable forms, based on the above facts:

(a) The Promissory Note (5%);

ANS: (a) Promissory Note

“For value received, We jointly and severally promise to

pay Carmen Carunungan or order the sum of Five Hundred
Thousand Pesos (P500,000.00), with interest thereon at 10%
per annum, on or before March 1, 2018, without necessity of
demand.

To secure payment, we attach herewith BDO Bank Check

No. 12345678 in the amount of P550,000.00, postdated March
1, 2018, and payable to Carmen Carunungan.

Dingras, Ilocos Norte, March 1, 2017.

(Sgd.) Carmina Corominas (Sgd.) Celeste Corominas

(b) The Judicial Affidavit (10%); and

ANS: Republic of the Philippines )

City of Laoag ) S.S.
 2018 LEGAL ETHICS 341
BAR QUESTIONS AND SUGGESTED ANSWERS

JOINT JUDICIAL AFFIDAVIT

OF CARMINA COROMINAS and CELESTE COROMINAS

WE, CARMINA COROMINAS and CELESTE COROMINAS, of

legal age and residents of Dingras, Ilocos Norte, after having
been duly sworn, hereby depose and state:

PRELIMINARY STATEMENT

We are being examined by Atty. Michael Lopega with

address at 1 Rizal St., Laoag City. The examination is being
held at his ofce in Laoag City in the presence of ABC. WE are
answering the questions fully conscious that WE do so under
oath and may face criminal liability for false testimony.

Questions and Answers

Q1. Please state your name and other personal

circumstances.
A1. WE are CARMINA COROMINAS and CELESTE COROMINAS
both of legal age, single and residents of Dingras, Ilocos
Norte.

Q2. Why are you executing this Judicial Affidavit?

A2. We are executing this Judicial Afdavit to support our

defenses in the criminal case of estafa led against us.

Q3. Why were you charged with such case?

A3. We were charged with estafa because we issued a check
in favor of Carmen Carunungan which eventually bounced
for insufcient funds.
342 BAR Q & A
LEGAL ETHICS

Q4. In answer to Q2, you mentioned that you are

executing this Judicial Affidavit to support your
defenses in the criminal case of estafa filed against
you. Why do you believe you are not guilty?
A4. We are not guilty because of the following reasons:

i. the check was issued only as a form of security;

ii. Even if issued as payment, it was for a pre-existing
debt, and
iii. It wasonly upon the Carmen Carunungan’s insistence
that We issued the check.

Q5. Is there anything else you want to add to the

above?
A5. No more sir.

AFFIANTS FURTHER SAYETH NAUGHT.

Laoag City, November , 2018.

CARMINA COROMINAS CELESTE COROMINAS

Afant Afant

Witnesses:

ABC
 2018 LEGAL ETHICS 343
BAR QUESTIONS AND SUGGESTED ANSWERS

ATTESTATION

I, Atty. Michael Lopega with ofce address at #1 Rizal St.,

Laoag City do hereby attest as follows:

1. I personally conducted the examination of Carmina

Corominas and Celeste Corominas in question and
answer form.
2. I faithfully recorded the questions asked Carmina
Corominas and Celeste Corominas and the
corresponding answers they gave, and
3. Neither I nor any other person then present coached
Carmina Corominas and Celeste Corominas regarding
their answers.

IN WITNESS WHEREOF, I hereunto afxed my signature

this day of November 2018 at Laoag City, Ilocos Norte.

Atty. Michael Lopega

Add: #1 Rizal St., Laoag City, Ilocos Norte
IBP OR No. place and date of issuance
PTR OR No. place and date of payment
MCLE Exemption
Date of Issue
Valid until

JURAT

SUBSCRIBED AND SWORN TO BEFORE ME this day

of November 2018 at Laoag City, afants Carmina Corominas,
Celeste Corominas exhibiting to me their competent evidence of
identity, consisting of a Driver's License No. 12345678 expiring
344 BAR Q & A
LEGAL ETHICS

on December 9, 2024, and a Driver's License N0. 9101112

expiring on July 28, 2024, respectively, and afant Atty. “A”,
with Voter's ID issued by the Commission on Elections on

WITNESS MY HAND AND SEAL.

Notary Public
Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.

(b The Dac/on en Pago (10%).

ANS:

KNOW ALL MEN BY THESE PRESENTS:

This instrument, executed by CARMINA COROMINAS, of

legal age and a resident of Dingras, Ilocos Norte, and CELESTE
COROMINAS, of legal age and a resident of Dingras, Ilocos
Norte, hereafter referred to as the DEBTORS, and CARMEN
CARUNUNGAN, of legal age, and a resident of #2 Rizal St.,
Laoag City, hereafter to be referred to as the CREDITOR,

WITNESSETH:

WHEREAS, the DEBTORS are indebted to the CREDITOR in

the amount Of FIVE HUNDRED FIFTY THOUSAND PESOS
(P550,000.00);
 2018 LEGAL ETHICS 345
BAR QUESTIONS AND Sueeesrso ANSWERS

WHEREAS, the DEBTORS are the owners of a motor

vehicle located in Laoag City, and more specically described as
follows:

Make: Honda CRV

Model: 2018
Motor No.: 12345
Chassis No.: 56789
CR No.: 012345

WHEREAS, the DEBTORS are willing to give the said motor

vehicle to the CREDITOR as full payment of their aforesaid
indebtedness to the latter; and

WHEREAS, the CREDITOR is willing to accept the said

motor vehicle as full payment of the indebtedness of the
DEBTORS;

NOW, THEREFORE, premises considered, the DEBTORS

have transferred and conveyed, as they hereby transfer and
convey, the aforesaid motor vehicle to the CREDITOR as
payment in full of their indebtedness to her, and the CREDITOR
hereby accepts the said vehicle as full payment of the said
indebtedness to her.

IN WITNESS WHEREOF, the parties hereto have signed

these presents, at the Laoag City, on , 2018.

CARMINA COROMINAS CELESTE COROMINAS

Debtor Debtor

CARMEN CARUNUNGAN
Creditor
346 BAR Q & A
LEGAL ETHICS

WITN ESSES:

ACKNOWLEDGMENT

In the City of Laoag, this day of , 2018,

before me personally appeared:

CARMINA COROMINAS, with Philippine Passport

No. 12949 issued at Cityof Manila on January 2, 2019
and expiring on January 2, 2025;

CELESTE COROMINAS, with Philippine Passport

No. 72750 issued at City of Manila on January 2,
2019, and expiring on January 2, 2025, and

CARMEN CARUNUNGAN, with Senior Citizen's Card

No. 4567 Issued at the City of Laoag on July 27,
2010;

personally known to me to be the same persons who executed

the foregoing instrument, and they acknowledged to me that
the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC
Until December 31, 2018

Doc. No. Z;
Page No.___;
Book No. _;
Series of 2018.
 2019 BAR EXAMINATION IN
LEGAL ETHICS AND PRACTICAL EXERCISES

PART I
Note: As stated in the Instructions, Part Icovers problem sets
labelled A.1. to A.10. All answers to these questions should be
written in Booklet I.

A.1.

Atty. A, a duly licensed notary public, has maintained several

notarial registers in his separate offices in order to cater to the
needs of his clients and accommodate their growing number.
Due to Atty. A's busy schedule, Atty. A's secretary would usually
perform the notarial acts on his behalf.

Sometime in April 2017, Mrs. B, an Overseas Filipino Worker

staying in Singapore, sought the legal services of Atty. A for the
nullication of her marriage. Consequently, Atty. A drafted a
petition with verication which was sent from his law ofce in
Manila to Singapore for the signature of Mrs. B, who, after
signing the same, sent it back to Atty. A. When the document
arrived in Atty. A's ofce, his secretary, as per usual practice,
notarized the signed document upon Atty. A's instruction.

(a) Name at least two (2) violations of the

Rules on Notarial Practice committed by Atty. A.
(3%)

347
 BAR Q & A
LEGAL ETHICS

ANSWER: Atty. A violated the rule that a notary public

shall maintain only one active notarial register at any
given time. Atty. A also violated the rule that only lawyers
can be notaries public in the Philippines when he allowed
his secretary to perform notarial acts on his behalf.

A person shall not perform a notarial act if the person

involved as signatory to the instrument or document:

(1) is not in the notary’s presence personal at the time

of the notarization;

(2) is not personally known to the notary public or

otherwise identied by the notary public through
competent evidence of identity as dened by these Rules
(Sec. 2[b], Rule IV of the Rules of Notarial Practice of
2004 (Joson v. Baltazar, A.C. No. 575, February 14, 1991,
194 SCRA 14; Angeles, et al. v. Atty. Amado Ibaez, A.C.
No. 7860, January 15, 2009).

(b) May Atty. A be also held liable under the

Code of Professional Responsibility for the same
infractions committed by him as a notary public?
Explain. (2%)

ANSWER: Yes, Atty. A may also be held liable under the

Code of Professional Responsibility because by violating
the Rules on Notarial Practice, he, in effect, also
committed acts that adversely reects on his tness to
practice law.
 2019 LEGAL ETHICS 349
BAR QUESTIONS AND SUGGESTED ANSWERS

(c) What does the phrase “competent evidence

of identity" refer to under the Rules on Notarial
Practice? (3%)

ANSWER: Under the law, “competent evidence of

identity” is the identication of an individual based on at
least one current identication document issued by an
ofcial agency bearing the photograph and signature of
the individual. It may also refer to the oath or afrmation
of one credible witness not privy to the instrument,
document or transaction, who is personally known to the
notary public, and who personally knows the individual,
or of two credible witnesses neither of whom is privy to
the instrument, document or transaction who each
personally knows the individual and shows to the notary
public documentary identication. (Sec. 12, Rules of
Notarial Practice; Angeles, et al. v. Atty. Amado Ibaez,
A.C. No. 7860, January 15, 2009)

A.2.

Y, who is a businessman, and Atty. X are good friends. Due to

their closeness, Atty. X was able to borrow ?300,000.00 from Y,
which amount was intended to refurbish Atty. X's law ofce.

Months after, Y got into a contractual dispute with Z, one of his

business partners. Hence, Y sought the legal services of Atty. X
for the ling of the proper action against Z. In consideration for
his legal services, Y paid Atty. X an acceptance fee of
?50,000.00.
350 BAR Q & A
LEGAL ETHICS

Unfortunately, Atty. X and Y's relationship turned sour. Thus, all

communications between them were cut, and worse, Atty. X
failed to le the required initiatory pleading against Z on the
date agreed upon. Aggrieved, Y led an administrative
complaint, seeking that Atty. X be sanctioned and that the
P50,000.00 acceptance fee and the ?300,000.00 personal loan
be returned to him.

(a) What administrative violation/s did Atty. X

commit, if any? Explain. (3%)

ANSWER: Atty. X violated the Code of Professional

Responsibility and may be held liable for negligence when
he failed to le the required initiatory pleading against Z.
He cannot justify his negligence by invoking as a defense
that his relationship with Y turned sour. Moreover, Atty. X
may be held accountable for the acceptance fee and
personal loan he received from Atty. X. His conduct is
indicative of the lack of integrity and propriety and
violation of the trust reposed on him. When lawyers
receives money from his client for a particular purpose,
the lawyer is bound to render an accounting to the client
showing that the money was spent for the intended
purposes, otherwise, he must return it (Meneses v. Atty.
Macalino, 518 Phil. 738 [2006]).

(b) May Y's prayer for the return of the

?50,000.00 acceptance fee and the P300,000.00
personal loan prosper? Explain. (5%)

ANSWER: The answer must be qualied.

 2019 LEGAL ETHICS 351
BAR QUESTIONS AND SUGGESTED ANSWERS

The prayer for the return of the acceptance fee may

prosper. The Code of Professional Responsibility provides
that a lawyer shall deliver the funds and property of his
client when due or upon demand. The P50,000.00
acceptance fee must be returned by Atty. X since he
failed to provide the legal sen/ice he was hired to do.

However, the P300,000 personal loan will not prosper

since it was not received by Atty. X in a professional
capacity. Y must le a separate action in order to recover
the loan he extended to Atty. X.

A.3.

Pending resolution of a high-prole case against him, Justice K

uttered, in a public forum hosted by a local Integrated Bar of
the Philippines chapter, his comments on the perceived bias of
the court against him, as well as on the issues raised by the
complainants, his defenses, and the commentaries published by
some local newsmen in relation to the case. This is only one
instance of his many appearances in different gatherings of
such nature in order to defend his public image.

(a) Did Justice K, in his capacity as a lawyer, commit any

violation of the Code of Professional Responsibility? If so,
what rule did Justice K violate? Explain. (3%)

ANSWER: Yes, in this case, Justice K violated the sub

jua’/ce rule. Under the law, the sub jud/ce rule restricts
comments and disclosure pertaining to judicial
proceedings in order to avoid prejudging the issue,
influencing the court, or obstructing the administration of
352 BAR Q & A
LEGAL ETHICS

justice. Justice K violated such rule when he aired his

sentiments to the media, fully aware that the case was
still pending resolution before the court (In Re: Show
Cause Order in the Decision dated May 11, 2018 in G.R.
No. 237428; Rep. v. Sereno, A.M. N0. 18-06-01-SC, July
17, 2018, Tijam, J).

(b) Arguing that he should be treated as any other

ordinary litigant in the said case, may Justice K validly
claim that his comments were made in a purely private
capacity and hence, not subject to administrative
sanction? Explain. (3%)

ANSWER: No, Justice K cannot validly claim that his

comments were made in a purely private capacity. A
lawyer, more so a justice, is expected to observe and
maintain the respect due the courts and its processes at
all times. By violating the sub juc//ce rule, Justice K
disrespected the court and cannot invoke as a defense
that the sentiments were aired in a private capacity (In
Re: Show Cause Order in the Decision dated May 11,
2018 in G.R. No. 237428; Rep. v. Sereno, A.M. No. 18-
06-O1-SC, July 17, 2018, Tijam, J).

AI4I

Mr. L sought legal advice from his lawyer, Atty. M, regarding

the possibility of annulling his marriage. In the course of their
conversation, Mr. L mentioned that he would be able to
immediately pay Atty. M's legal fees because he received a
huge kickback from a favored supplier in relation to his work as
member of his Municipality's Bids and Awards Committee.
 2019 LEGAL ETHICS 353
BAR QUESTIONS AND SUGGESTED ANSWERS

(a) Is the communication made by Mr. L to Atty.

M regarding the kickback he received presumed to
be confidential? Explain. (3%)

ANSWER: Yes, the communication made by Mr. L to

Atty. M regarding the kickback is presumed condential
because it was made on account of the prospective
lavwer-client relationship. Matters disclosed by a
prospective client to a lawyer are protected by the rule on
privileged communication in order for the prospective
client to feel free to discuss whatever he wishes with the
lawyer without fear that what he tells the lawyer will be
divulged or used against him, and for the lawyer to be
equally free to obtain information from the prospective
client.

(b) What is the duty of a lawyer when, in the

course of his representation, he discovered that
his client committed fraud upon a person or a
tribunal? (2%)

ANSWER: When the lawyer discovers that his client

committed fraud upon a person or tribunal, the lawyer
must still keep such information condential. Since the
information was discovered at a time when there was an
existing client-lavvyer relationship, all information
discovered or disclosed during such time is considered
privileged communication. The lawyer cannot divulge the
information since he is expected to act with candor,
fairness, and loyalty in all his dealings with his clients
(Canon 21, Rule 21.01, Code of Professional
Responsibility).
354 BAR Q & A
LEGAL ETHICS

A.5.

P was dismissed by his former employer, Company X, for

allegedly misappropriating company funds entrusted to him. P
alleged that there was no proof to substantiate the same;
hence, his dismissal was invalid.

Aggrieved, P engaged the sen/ices of ABCDE Law Ofce to

represent him in an illegal dismissal case against Company X.
Atty. A, a partner of the said law rm, was assigned to handle
P's case. Eventually, the illegal dismissal case was terminated
upon settlement by all parties, and thus, P's engagement with
ABCDE Law Ofce ceased.

Two (2) years after, a criminal case for Qualied Theft was led
by Company X against P based on the same events which led to
his dismissal. To his surprise, P found out that Company X was
being represented by ABCDE Law Ofce in the criminal case.
Decrying a violation of the rule on conict of interest, P led an
administrative complaint against Attys. A, B, C, D, and E, the
partners of ABCDE Law Ofce.

(a) Was the rule on conflict of interest violated

in this case? Explain. (3%)

ANSWER: Yes, the rule on conflict of interest was

violated in this case because ABCDE Law Ofce
represented inconsistent interests. In order to defend
Company X, ABCDE Law Ofce had to oppose the
arguments it raised when Atty. A, a partner, represented
P in the illegal dismissal case. Moreover, by agreeing to
represent Company X, ABCDE Law Ofce will injuriously
 2019 LEGAL ETHICS 355
BAR QUESTIONS AND SUGGESTED ANSWERS

affect P's interest since they will be called upon by this

new relation to use against P any knowledge acquired
during the time P was their client.

(b) Is the prior termination of P's engagement

with ABCDE Law Office a valid defense to the
administrative charge against Attys. A, B, C, D, and
E? Explain. (2.5%)

ANSWER: No, the termination of the services of ABCDE

Law Ofce is not a valid defense to the administrative
charge. The condential nature of the information
obtained pursuant to a client-lawyer relationship does not
end when the relationship is terminated.

(c) May Attys. B, C, D, and E be held admin-

istratively liable for violating the rule on conflict of
interest despite the fact that it was only Atty. A,
the handling lawyer, who had knowledge of P's
engagement as a client? Explain. (2.5%)

ANSWER: Yes, Attys. B, C, D, and E may still be held

administratively liable even though it was only Atty. A
who handled P's case. In this case, P engaged the
services of the law rm, and it was only Atty. A who
happened to be assigned to his case. The other lawyers
cannot invoke the defense that they were unaware of P's
engagement as a client since they work in the same
ofce.
356 BAR Q & A
LEGAL ETHICS

A.6.

Atty. U was being investigated by the Integrated Bar of the

Philippines regarding a complaint for immorality led by his
wife, Y. Pending resolution of the case, complainant Y led an
affidavit of desistance and withdrawal of the complaint on the
ground that she mistakenly led the complaint out of jealousy.

What is the effect of Y's filing of an affidavit of

desistance and the withdrawal of her complaint in
the administrative case against Atty. U? Explain.
(2.5%)

ANSWER: The affidavit of desistance and withdrawal of

Y's complaint has no effect on the administrative case
led against Atty. U. Since administrative cases against
lawyers are sui gener/Ls, and it is neither civil or criminal
in nature, the withdrawal of the complaint does not affect
the proceedings. The main question in this kind of
proceedings is whether respondent is still t to continue
to be an ofcer of the court, not if he or she is civilly
liable (Chan v. Atty. Rebene C. Carrera, A.C. No. 10439,
September 3, 2019; Ceniza v. Atty. Ceniza, Jr., A.C. No.
8335, April 10, 2019; Narag v. Narag, 353 Phil. 643
[1998]).

A.7.

Every new lawyer must be acquainted with the consequences of

noncompliance with the essential obligations attendant to the
legal profession. Among these obligations are compliance with
the requirements on Mandatory Continuing Legal Education
 2019 LEGAL ETHICS 357
BAR QUESTIONS AND SUGGESTED ANSWERS

(MCLE), and payment of Integrated Bar of the Philippines (IBP)

dues.

(a) What are the consequences of non-

compliance with the requirements on MCLE?
(2.5%)
ANSWER: Failure to comply with the requirements on
MCLE will result in the lawyer being listed as a delinquent
member of the bar. Moreover, the lawyer will not be
allowed to practice law until such time as adequate proof
of compliance is received by the MCLE Committee (Bar
Matter 850 re: Mandatory Continuing Legal Education,
October 2, 2001). The practice of law is a mere privilege
which is subject to regulation by the Supreme Court.

(b) What are the consequences of non-payment

of IBP dues? (2.5%)
ANSWER: According to the IBP By-Laws, any member
who has not paid his membership dues shall be
considered as dues-delinquent members. If the
delinquency continues until the following December 31,
the Board of Governors shall by Resolution forthwith
suspend all his membership privileges other than the
practice of law. The Board shall promptly inquire into the
cause or causes of the delinquency and take whatever
action it shall deem appropriate, including a
recommendation to the Supreme Court for the
suspension of the delinquent member from the practice
of law.
358 BAR Q & A
LEGAL ETHICS

It is the bounden duty and obligation of every lawyer to

see to it that he pays his IBP dues on time especially
when he practices before the courts (Bongallanta v.
Castillo, 240 SCRA 310 [1995]). A lawyer who fails or
refuses to pay his dues to the IBP may suffer the
consequence of his name being dropped from the Roll of
Attorneys.

A.8.

A lawyer advertised in the newspaper the following:

“Expert /n armu/ment of marriage. Fast and sure. Consult

anyt/me. ”

Is the advertisement proper? Explain. (2.5%)

ANSWER: The advertisement above is not proper. While

the solicitation of legal business is not entirely proscribed,
such act must be compatible with the dignity of the legal
profession. By stating that he is an expert in annulment
of marriages, the lawyer, in effect, erodes and
undermines not only the stability but also the sanctity of
an institution still considered sacrosanct despite the
contemporary climate of permisslveness in our society. A
lavwer shall not do or permit to be done any act designed
primarily to solicit legal business (Rule 2.03 and 3.01,
Code of Professional Responsibility; Atty. Khan, Jr. v.
Sambillo, August 19, 2003; Linsangan v. Atty. Nicomedes
Tolentino, A.C. No. 6672, September 4, 2009).
 2019 LEGAL ETHICS 359
BAR QUESTIONS AND SUGGESTED ANSWERS

A.9.

Mr. O was disbarred from the practice of law in 2009 for gross
immorality. Ten (10) years later, at age 58, he asked for judicial
clemency and led a petition for his reinstatement in the Roll of
Attorneys. Mr. O had asked forgiveness from his children and
maintained a cordial relationship with his complainant wife. He
also submitted a certication from the parish priest and
members of the Integrated Bar of the Philippines chapter to
which he belongs of his civic mindedness and good moral
character.

Based on the guidelines for the reinstatement of a

disbarred lawyer, may Mr. O be reinstated as a member
of the Bar? Explain. (2.5%)

ANSWER: Yes, Mr. O may be reinstated as a member of

the Bar. According to jurisprudence, the Court will grant
judicial clemency only if there is proof of reformation and
a showing of potential and promise. Mr. O has provided
sufcient proof of remorse reformation since he maintains
a cordial relationship with his wife and children.
Moreover, his civic mindedness and good moral character
are attested to by the parish priest and members of the
Integrated Bar of the Philippines.

A.10.

Atty. B is a newly admitted member of the Philippine Bar. As a

means to manage his heavy case load, Atty. B delegated the
preparation and signing of all motions for extension of time to
his secretary, Ms. D. On the signature page of every motion,
the following would appear:
360 BAR Q & A
LEGAL ETHICS

“Ms. D for B Law Ofce”

X, one of Atty. B's clients, expressed concern over such

practice. Atty. B reassured him that the same is completely
permissible as lawyers are allowed to devise means to
efciently manage their workload. Besides, Ms. D is acting
under his full knowledge and authority.

Does the practice of Atty. B of having his motions for

extension of time signed by Ms. D constitute any violation
of the Code of Professional Responsibility? Explain.
(2.5%)

ANSWER: Yes, the delegation of signing motions for

extension of time by Atty. B to Ms. D constitutes a
violation of the Code of Professional Responsibility. Under
the law, a lawyer shall not delegate to any unqualied
person the performance of any task which by law may
only be performed by a member of the Bar in good
standing. Doing so would make the lawyer
administratively liable.

- END OF PART I-
Note: This marks the end of Part I. The forthcoming problem
sets will fall under Part II and the answers therefor should be
written in Booklet II.

PART II
Note: As stated in the Instructions, Part II covers problem sets
labelled B.11. to B.17. All answers to these questions should be
written in Booklet II.
 2019 LEGAL ETHICS 361
BAR QUESTIONS AND SUGGESTED ANSWERS

B.11.

The Cultural Heritage Association of Manila led an injunction

case to stop the construction of a 40-storey condominium
building owned by XYZ Corp., a well-known real estate
developer. Eventually, the injunction case was dismissed with
nality by Judge T, and an entry ofjudgment was issued. Two
(2) years later, Judge T bought condominium units in the same
40-storey building owned by XYZ Corp.

Did Judge T commit an act of impropriety? Explain. (3%)

ANSWER: Yes, the judge committed an act of

impropriety. Under the law, judges are expected to avoid
impropriety and the appearance of impropriety in all of
their activities. Since Judge T was the one who dismissed
the injunction case, buying condominium units in the
same 40-storey building owned by XYZ Corp gives off the
impression that he had a personal interest in the outcome
of the case. Hence, by doing so, Judge T committed an
act of impropriety.

B.12.

Judge B and his family went on vacation in an island resort in

Coron, Palawan. One night, he was photographed by a local
boatman who witnessed him appearing very drunk and in the
act of dancing naked by the seashore. The photos were
uploaded to a social media site and became viral.

May Judge B be subjected to any disciplinary sanctions?

Explain. (3%)
 BAR Q & A
LEGAL ETHICS

ANSWER: Yes, the judge may be subjected to

disciplinary sanctions. The law provides that judges,
being subjects of constant scrutiny, must accept personal
restrictions which may be viewed as burdensome by the
ordinary citizen and should do so freely and willingly. By
acting so cavalier on their family vacation, Judge B failed
to maintain the propriety expected of members of the
bench. The conduct of a judge must be free from
impropriety not only with respect to the performance of
his judicial duties but also to his behavior outside his sale
and as private individual. He must behave with propriety
at all times (Dela Cruz v. Judge Bersamina, A.M. No. RTJ-
00-1567, January 19, 2001). Hence, Judge B may be
subjected to disciplinary sanctions.

B.13.

(a) Distinguish compulsory from voluntary inhibition

of judges. (3%)

ANSWER: Compulsory prohibition contemplates a

situation where a judge or judicial ofcer cannot sit in
any case in which he, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or othenlvise, or in
which he is related to either party within the sixth degree
of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the
civil law, or in which he has been executor, administrator,
guardian, trustee or counsel, or in which he has presided
in any inferior court when his ruling or decision is the
subject of review, without the written consent of all
parties in interest, signed by them and entered upon the
 2019 LEGAL ETHICS 363
BAR QUESTIONS AND SUGGESTED ANSWERS

record. These are the instances where it is conclusively

presumed that judges cannot actively or impartially sit
and act as the judge.

On the other hand, voluntary inhibition provides that a

judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above. It makes
clear to the occupants of the Bench that outside of
pecuniary interest, relationship, there might be other
causes that conceivably erode the tacit of objectivity,
thus, calling for inhibition (Gutang v. CA, G.R. No.
124760, July 8, 1998).

(b) State at least two (2) instances when a judge

must compulsorily inhibit from a case. (3%)

ANSWER: A judge must compulsorily inhibit from a case

when he, his wife, or child is nancially interested as an
heir, legatee, creditor, or otherwise in a case. Another
instance as to when the judge should compulsorily inhibit
from a case is when he is related to either party within
the sixth degree of consanguinity or afnity, or to counsel
within the fourth degree, computed according to the rules
of civil law. A judge has both the duty of rendering a just
decision and a duty of doing it in a manner completely
free from suspicion as to its fairness and as to his
integrity. The purpose is to preserve the people's faith
and condence in the courts of justice (Garcia v. Dela
Pea, 229 SCRA 766).
364 BAR Q & A
LEGAL ETHICS

B.14.

While driving on his way to court, Judge D personally witnessed

a vehicular accident between a motorcycle and a car.
Subsequently, a criminal case arising from said accident was
rafed to his court.

Should Judge D inhibit from this case? Explain. (3%)

ANSWER: Yes, Judge D should inhibit from the case.

The law provides that in order to avoid partiality, a judge
must inhibit when he has personal knowledge of the of
disputed evidentiary facts concerning the proceedings.
Failure to do so may result in a partial decision and
miscarriage of justice.

The purpose of this disqualication is to avoid a situation

where a judge may factor into the decision process facts
which are not borne out by evidence. Thus, any kind of
knowledge of a judge which he obtains extrajudicially
about a case before him should be sufficient reason for
him to recuse from the case (Umale v. Villaluz, L-33508,
51 SCRA 84 [1973]).

Practical Exercises Note: The nal three (3) problems

labelled B.15. to B.17. all pertain to the same set of parties and
facts.

Mr. B, a resident of Quezon City, engaged you as counsel to

assist him in acquiring the house and lot being sold by Ms. S,
also a resident of Quezon City, which lot is covered by Transfer
Certicate of Title No. 54321, with an area of 500 square
meters, located at Barangay 123, Quezon City, Philippines
 2019 LEGAL ETHICS 365
BAR QUESTIONS AND SUGGESTED ANSWERS

(subject property). At the meeting where Mr. B, Ms. S, and you

were present, the following terms and conditions were agreed
upon:

1.the purchase price for the subject property is

?50,000,000.00;

2. Ms. S will pay the capital gains tax and documentary

stamp tax arising from the sale, as well as the real estate
taxes up to the date of the sale, within thirty (30) days
from execution of the deed of sale, while the rest of the
expenses to effect the transfer of title will be shouldered
by Mr. B; and

3. Ms. S gave the assurance that the subject property

would be free from any occupant/s within the same
thirty-(30) day period.

The Deed of Absolute Sale was scheduled to be signed by the

parties on November 24, 2018 in Quezon City.

B.15.

Draft a Deed of Absolute Sale including the required notarial

certificate reecting the foregoing. (15%)

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed, and entered

into by:
366 BAR Q & A
LEGAL ETHICS

Ms. S, of legal age, single/married to ,

Filipino, and with residence and postal address at
12 Maginhawa Street, Quezon City, hereinafter
referred to as the SELLER

-AN D-

Mr. B, of legal age, single, Filipino and with

residence and postal address at 21 Matalino
Street, Quezon City, hereinafter referred to as
the BUYER.

WITN ESSETH;

WHEREAS, the SELLER is the registered owner of a

parcel of land with improvements located at Barangay 123,
Quezon City, Philippines and covered by Transfer Certicate of
Title N0. 54321 containing a total area of FIVE HUNDRED (500)
SQUARE METERS, more or less, and more particularly described
as follows:

TRANSFER CERTIFICATE OF TITLE NO. TCT 54321

“(Insert the technical description of the property on the title)”

WHEREAS, the BUYER has offered to buy and the SELLER

has agreed to sell the above-mentioned property for the
amount of FIFTY MILLION PESOS (P 50,ooo,ooo.oo) Philippine
Currency;

WHEREAS, the SELLER will pay the capital gains tax and
documentary stamp tax arising from the sale, as well as the
real estate taxes up to the date of the sale, within thirty (30)
 2019 LEGAL ETHICS 367
BAR QUESTIONS AND SUGGESTED ANSWERS

days from execution of the deed of sale, while the rest of the
expenses to effect the transfer of title will be shouldered by the
BUYER;

WHEREAS, the SELLER gave the assurance that the

subject property would be free from any occupant/s within the
same thirty-(30) day period.

NOW THEREFORE, for and in consideration of the sum of

FIFTY MILLION (P 50, 000,000.00) Philippine Currency, hand
paid by the vendee to the vendor, the SELLER DO HEREBY
SELL, TRANSFER, and CONVEY by way of Absolute Sale unto
the said BUYER, his heirs and assigns, the certain parcel of land
together with all the improvements found thereon, free from all
liens and encumbrances of whatever nature including real
estate taxes as of the date of this sale.

(NAME OF SELLER) (NAME OF BUYER)

Seller Buyer

WITH MARITAL CONSENT:

Name of Seller's Spouse Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

) SS.
368 BAR Q & A
LEGAL ETHICS

BEFORE ME, a Notary Public for and in the city of

personally appeared:

NAME ID NUMBER PLACE/DATE OF

ISSUE

Known to me and to me known to be the same persons who

executed the foregoing instrument and acknowledged to me
that the same are their free act and voluntary deed.

This instrument consisting ofi pages, including the page on

which this acknowledgement is written, has been signed on the
left margin of each and every page thereof by the concerned
parties and their witnesses and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 24th day Of November

2018 at Quezon City

NOTARY PUBLIC

Doc No. _;
Page No. __;
Book No. _;
Series of 2018
 2019 LEGAL ETHICS 369
BAR QUESTIONS AND SUGGESTED ANSWERS

[cont/nuat/on] On December 27, 2018, Mr. B visited the subject

property and found out that Ms. S's brother, Mr. C, was still
occupying the same. Furthermore, on the same day, Mr. B
checked with the Bureau of Internal Revenue and discovered
that the capital gains tax and the documentary stamp tax
remained unpaid. Disappointed with the failure of Ms. S to duly
fulll her obligations based on their contract, Mr. B asked for
your assistance regarding this matter.

B.16.

Draft a Demand Letter seeking fulfillment of Ms. S's

obligations under the Deed of Absolute Sale within
fifteen (15) days from receipt. (5%)

30 December 2018
Ms. S
12 Maginhawa Street
Quezon City

Madam:

I write for and in behalf of my client Mr. B regarding your

failure to fulll your obligations pursuant to the deed of
absolute sale executed on 24 November 2018.

Three days ago, my client visited the subject property and was
shocked to discover that there was still an occupant on the lot
sold to him. In the deed of absolute sale, you assured my client
that there would be no more occupants on the property within
thirty (30) days from the execution of the contract.
370 BAR Q & A
LEGAL ETHICS

Moreover, we have discovered that you have not yet paid the
capital gains tax and documentary stamp tax with the BIR. This
is another guarantee under the deed of absolute sale that you
have yet to fulll.

Consider this correspondence as a FINAL DEMAND for you to

fulll such obligations under the deed of absolute sale within
FIFTEEN (15) DAYS FROM RECEIPT of this letter. Failure to do
so, we will be constrained to institute appropriate legal action to
protect the rights and interests of my client.

I hope you will comply with this demand to avoid the

inconvenience and expenses of court litigation.

Regards,

Atty. A

[cont/nuat/'0/7] Unfortunately, Ms. S did not heed the demand

letter, constraining you, on behalf of Mr. B, to le the necessary
complaint before the Regional Trial Court of Quezon City. The
complaint was led on February 15, 2019, docketed as Civil
Case No. 654321 and was rafed to Branch 77. Eventually, Ms.
S was duly served with summons on March 15, 2019. However,
she failed to le an answer or any motion requesting for an
extension to le the same.

B.17.

Draft a Motion to Declare Ms. S in Default including the

required Notice of Hearing. (15%)
 2019 LEGAL ETHICS 371
BAR QUESTIONS AND Sueeesreo ANSWERS

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Region
Quezon City
Branch 77

Mr. B,

Plaintiff

-versus- Civil Case No. 654321

For:

Ms. S,

Defendant
X ---------------------------------------- --X

MOTION TO DECLARE DEFENDANT IN DEFAULT

Plaintiff, by counsel and unto this Honorable Court,

respectfully states

1. The records of the Honorable Court show that

Defendant was served with copy of the summons and of the
complaint, together with annexes thereto on 15 March 2019.

2. Upon verication however, the records show that

Defendant has failed to le her Answer within the reglementary
period specied by the Rules of Court despite the service of the
summons and the complaint;

3. As such, it is respectfully prayed that Defendant be

declared in default pursuant to the Rules of Court and that the
372 BAR Q & A
LEGAL ETHICS

Honorable Court proceed to render judgment as the complaint

may warrant.

PRAYER

WHEREFORE, it is respectfully prayed that Defendant be

declared in default pursuant to the Rules of Court and that the
Honorable Court proceed to render judgment as the complaint
may warrant.

Other reliefs, just and equitable under the given circum-

stances, are likewise prayed for.

Given this St“ day of April 2019 at Quezon City, Philippines.

BY:

A‘lTY. A
Counsel for Plaintiff
IBP NO.
PTR NO.
ROLL ATTORNEY NO.
MCLE Comp. No.
Contact No.
Email Address

NOTICE OF HEARING
HON. CLERK OF COURT
Branch 77

Greetings

Kindly the foregoing motion to the attention of the

Honorable Court immediately upon receipt thereof and set the
same for hearing on 12*“ day of April 2019, 3:00PM.
 2019 LEGAL ETHICS 373
BAR QUESTIONS AND SUGGESTED ANSWERS

A1TY. A
Counsel for Plaintiff
IBP NO.
PTR NO.
ROLL NO.
MCLE Comp. No.

Please be notied that the foregoing motion will be set for

hearing this 12th day of April 2019, 3:00PM

COPY FURNISHED:

A1TY. A
Counsel for Plaintiff
IBP NO.
PTR NO.
ROLL ATTORNEY NO.
MCLE Compliance No.

RECEIVED BY:

Al IY.R
Counsel for the Respondent
 2020-2021 LEGAL ETHICS QUESTIONS

1. While attending a wedding, a lawyer got to dance

with and talk to another guest who ended up sharing
details of their marital problems. When asked by the
guest, the lawyer explained the distinctions among
legal separation, annulment, declaration of nullity, and
divorce. The lawyer went on to not only extend advice,
but even map out a strategy on how the guest's marital
woes could be addressed.

At the end of the conversation, the lawyer and the guest

agreed to meet at a later time to continue their
discussion.

After the dance, the lawyer returned to their seat and

shared with their best friend the guest's marital
problems.

Did the lawyer breach attorney-client privilege? Explain

briefly.

The lawyer breached attorney-client privilege.

Under the Code of Professional Conduct, a lawyer is

required to presen/e the condence and secrets of his client.
(Canon 21, Rule 21.06) Furthermore, a lawyer shall be bound
by the rule on privileged communication in respect of matters
disclosed to him by a prospective client. (Canon 15, Rule 15.02)
A lawyer-client relationship was established from the very rst
moment complainant asked respondent for legal advice
regarding marital problems. To constitute professional
employment, it is not essential that the client employed the

374
 2020-2021 LEGAL ETHICS 375
BAR QUESTIONS AND SUGGESTED ANSWERS

attorney professionally on any previous occasion. It is not

necessary that any retainer be paid promised, or charged;
neither is it material that the attorney consulted did not
aften/vard handle the case for which his service had been
sought. (Hilad vs. David, 84 Phil. 569, September 21, 1999)

In this case, since there was an attorney-client relationship

established when the lawyer and the guest talked about the
marital problems while they were dancing during the wedding,
it followed that the lawyer was required to follow the Code of
Professional Conduct. Since he failed to do so, there was a
breach of the attorney-client privilege.

2. During work, an overseas Filipino seafarer was

seriously injured after falling into the elevator shaft of a
foreign vessel. After initial treatment in Singapore, the
seafarer was flown to the Philippines to continue
medical treatment.

While the seafarer was confined in the hospital, two

paralegals representing a lawyer approached the
seafarer offering that lawyer's services at a significantly
discounted rate. They explained that they could sue the
employer for indemnity and added that the lawyer had a
good track record at the National Labor Relations
Commission. The paralegals even bragged about the
lawyer's connections with the Supreme Court.
The seafarer agreed to engage the lawyer's services.

The employer proposed to settle the case out of court

and eventually paid Php5,000,000.00. The employer
deposited this amount in the lawyer's bank account.
376 BAR Q & A
LEGAL ETHICS

The lawyer tried to remit Php1,000,000.00 to the

seafarer, making it appear that the settlement was for
that amount.
The seafarer refused to accept the amount of
Php1,000,000.00 as no prior approval had been given to
the lawyer to settle the case. The seafarer filed a
complaint before the Supreme Court for the lawyer's
disbarment.
Does the seafarer have legal grounds to file the
complaint? Explain briefly.

The seafarer has legal grounds to le the complaint.

Under the Code of Professional Responsibility, a lawyer

shall deliver the funds and property of his client when due or
upon demand. (Canon 16, Rule 16.02) A lawyer who has been
unable to deliver the funds and property of his client when due
or upon demand shall be liable for disbarment. (Caballero vs.
Pilapil, A.C. No. 7075, 21 January 2020)

In this case, the amount of P5,000,000.00 was already due

to be given to the client, regardless of the knowledge by the
latter of its presence/existence because the employer had
already paid it to the lavwer pursuant to a SPA duly executed in
favor of the latter.

3. The lawyer of the accused filed a motion to inhibit,

alleging as ground that the judge was the cousin of the
private complainant, which is within the fourth degree
of consanguinity.
 2020-2021 LEGAL ETHICS 377
BAR QUESTIONS AND SUGGESTED ANSWERS

Should the judge inhibit? Explain briefly.

Yes, the judge should inhibit himself.

The rule of compulsory disqualication of a judge to hear a

case where the judge is related to either party within the sixth
degree of consanguinity or afnity rests on the salutary
principle that no judge should preside in a case in which he is
not wholly free, disinterested, impartial, and independent. A
judge has both the duty of rendering a just decision and the
duty of doing it in a manner completely free from suspicion as
to its fairness and as to his integrity. The law conclusively
presumes that a judge cannot objectively or impartially sit in
such a case and, for that reason, prohibits him and strikes at
his authority to hear and decide it, in the absence of written
consent of all parties concerned. The purpose is to preserve the
people's faith and condence in the courts ofjustice. (Garcia vs.
Dela Pena, 229 SCRA 766)

4. A known tax lawyer in Iloilo became a member of

the Integrated Bar of the Philippines in 1974. The
lawyer later migrated to the United States and became
an American citizen in 1989. In 2006, the lawyer
reacquired their Philippine citizenship by taking the
oath of allegiance as a Filipino citizen before the
Philippine consulate in Washington, D.C. in the United
States.

The lawyer now intends to return to Iloilo and resume

legal practice.

Can this lawyer continue to practice law in the

Philippines? Explain briefly.
378 BAR Q & A
LEGAL ETHICS

The la\/vyer may continue to practice law in the Philippines

provided he complies with the requirements of R.A. No. 9225.

A Filipino lawyer who becomes a citizen of another country

and later re-acquires his Philippine citizenship under R.A. No.
9225, remains to be a member of the Philippine Bar. However,
the right to resume the practice of law is not automatic. R.A.
No. 9225 provides that a person who intends to practice his
profession in the Philippines must apply with the proper
authority for a license or permit to engage in such practice.
Adherence to rigid standards of mental tness, maintenance of
the highest degree of morality, faithful observance of the legal
profession, compliance with the mandatory continuing legal
education requirement and payment of membership fees to the
Integrated Bar of the Philippines (IBP) are the conditions
required for membership in good standing in the bar and for
enjoying the privilege to practice law (In re: Pet/t/on to Re-
acquire the Pr/v//ege to Practice /aw in the Ph///pp/nes, Ep/fan/'0
B. Muneses, B.M. N0. 2112, July 24, 2012)

5. Draft a jurat.

SUBSCRIBED AND SWORN TO BEFORE ME, in the City of

Makati, I have hereunto afxed my signature this day of
May, 2019, the following persons having presented me the
following identication documents:

. . Date of
Name Iddegctlliizggn issua nce/ Date
of expiry
Stephen Curly
T Klay Thompson l
' l l
 2020-2021 LEGAL ETHICS 379
BAR QUESTIONS AND SUGGESTED ANSWERS

Anfernee Hardaway
Notary Public for Makati City
Appointment No. 123
Until December 31, 2019
Roll No. 53835
PTR No. 1897989
IBP No. 987654
Ofce address: Prince Plaza I, Makati City

Doc.No.
Page No.
Book No.
Series of 2019

6. Draft a certification against non-forum shopping.

VERIFICATION AND CERTIFICATION AGAINST
NON-FORUM SHOPPING

I, KEPLIN C. PALOMER, of legal age, and with office

address at BBB Financial Center, Taguig City, after being sworn
in accordance with law, depose and state that:

I have caused the preparation of the foregoing Complaint;

I have read the same and know the contents thereof, the
allegations contained therein are true and correct of my own
personal knowledge and the authentic records at hand;

I have not commenced any action or proceeding or led

any claim involving the same issues or matter in any court,
tribunal, or quasi-judicial agency, to the best of my knowledge,
no such action or proceeding has been led or is pending
before the Supreme Court, Court of Appeals or any other
380 BAR Q & A
LEGAL ETHICS

tribunal or quasi-judicial agency; If I should hereafter learn that

a similar action or proceeding is pending before the Supreme
Court, Court of Appeals or any tribunal or quasi-agency, I
undertake to inform this Honorable Court within ve (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this

8"‘ day of November, 2022 at Makati City, Philippines.

KEPLIN C. PALOMER
Afant

- END OF PART II -
Nothing follows
NOVEMBER 2022 BAR EXAM QUESTIONS IN
LEGAL ETHICS

1. You are the counsel for Boni and Klyde, who are
accused as co-conspirators in a Murder case.
During arraignment, they both pleaded not guilty.
In the course of the trial, Klyde confessed to
you that it was actually Boni who committed
the Murder and that he merely helped Boni
dispose of the body. Klyde tells you that he
wants to plead guilty and directs you to inform
the prosecution and the judge that he wants to
testify against Boni as a state witness.
Can you continue to represent Boni, or Klyde,
or both? Explain briefly. (5 points)

ANS: I can no longer represent Klyde.

The reason for my disqualication to continue to represent
Klyde has to do with his status as a state witness. Assuming
that Klyde has been able to comply with the requirements
of the law in order to be discharged from criminal prosecution
and become a state witness, then it is the Prosecutor's
Ofce who shall now represent Klyde.
As for Boni, I can continue to represent the latter.

Jurisprudence holds that as a lawyer sworn to uphold

justice and the law, I have the bounden duty to exert utmost
efforts to defend my client and protect his rights, no matter
how guilty or evil he appears to be. This duty becomes more
compelling if my client is accused of a grave crime and is
in danger of forfeiting his life if he is convicted.

381
382 BAR Q & A
LEGAL ETHICS

(Legal basis: R.A. No. 6981; People vs. Sta. Teresa,

G.R. No. 130663, March 20, 2001; see also: Albano,
Remedial Law Reviewer, Volume II, 2022 ed.)

1. Identify five duties of a lawyer as stated in the

Lawyer's Oath. (5 points)

ANS: The following are the ve duties of a lawyer as

stated in the Lawyer's Oath:
1. Maintain allegiance to the Republic of the Philippines;
2. Support its Constitution and obey the laws as well
as the legal orders of the duly constituted authorities
therein;
3. Do no falsehood, nor consent to the doing of any in
court;
4. Will not wittingly promote or sue any groundless,
false or unlawful suit, or give aid to the same;
5.Will delay no man for money or malice; and will
conduct myself as a lawyer according to the best of
my knowledge and discretion, with all good delity
as well to the courts as to my clients.
(Legal basis: Lawyer's Oath; see also: p. 12, Albano,
Legal and Judicial Ethics Bar Reviewer, 2021 ed.)

SKIJGR