BAR EXAMINATION 2004

LEGAL ETHICS AND PRACTICAL EXERCISES

2:00 P.M. 5:00 P.M.

26 September 2004

INSTRUCTIONS

This questionnaire consists of ten (10) pages, excluding this cover. There are ten Roman numbers divided into sub-sets with corresponding percentages. Read each question very carefully. Answer it directly, concisely, and clearly. Write legibly. Start each Roman number on a separate page. An answer to a sub-question under the same number may be written continuously on the same and immediately succeeding pages until completed. Do not repeat the questions. A mere Yes or No answer to a problem without explanation or discussion will not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK ! !

QUESTION NO. I

A.

Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards: (1) (2) (3) (4) (5) (1) (2) (3) (4) (5) The legal profession and the Integrated Bar? His professional colleagues? The development of the legal system? The administration of justice? His client? (5%)

B.

In the course of a judicial proceeding, a conflict of opinions as to a particular legal course of action to be taken arose between AB and CD, two (2) lawyers hired by Mr. XX, a party-litigant, to act jointly as his counsel.

How should such problem be resolved, and whose opinion should prevail? What can AB, the lawyer whose opinion was not followed, do when she honestly believes that the opinion of CD, the other counsel, is not as legally and factually well grounded as her opinion is? Explain briefly. (5%)

QUESTION NO. II On the eve of the initial hearing for the reception of evidence for the defense, the defendant and his counsel had a conference where the client directed the lawyer to present as principal defense witnesses two (2) persons whose testimonies were personally known to the lawyer to have been perjured. The lawyer informed his client that he refused to go along with the unwarranted course of action proposed by the defendant. But the client insisted on his directive, or else he would not pay the agreed attorneys fees.

When the case was called for hearing the next morning, the lawyer forthwith moved in open court that he be relieved as counsel for the defendant. Both the defendant and the plaintiffs counsel objected to the motion.

A.

Under the given facts, is the defense lawyer legally justified in seeking withdrawal from the case? Why or why not? Reason briefly. (5%)

B.

Was the motion for relief as counsel made by the defense lawyer in full accord with the procedural requirements for a lawyers withdrawal from a court case? Explain briefly. (5%)

QUESTION NO. III Upon opening session of his court, the Presiding Judge noticed the presence of television cameras set up at strategic places in his courtroom and the posting of media practitioners all over his sala with their video cameras. The Judge forthwith issued an order directing the exclusion from the courtroom of all television paraphernalia and further instructing the reporters inside the hall not to operate their video cams during the proceedings. The defense lawyers objected to the courts order, claiming that it was violative of their clients constitutional right to a public trial.

A.

In issuing the questioned order, did the Judge act in violation of the rights of the accused to a public trial? Discuss briefly. (5%)

B.

Did the Judge act in derogation of press freedom when he directed the exclusion of the television paraphernalia from the courtroom and when he prohibited the news reporters in the courtroom from operating their video cams during the proceedings? Reason briefly. (5%)

QUESTION NO. IV Primo, Segundo and Tercero are co-accused in an information charging them with the crime of homicide. They are respectively represented by Attys. Juan Uno, Jose Dos and Pablo Tres. During the pre-trial conference, Attys. Uno and Dos manifested to the court that their clients are invoking alibi as their defense. Atty. Tres made it known that accused Tercero denies involvement and would testify that Primo and Segundo actually perpetrated the commission of the offense charged in the information. In one hearing during the presentation of the prosecutions evidence in chief, Atty. Uno failed to appear in court. When queried by the Judge if accused Primo is willing to proceed with the hearing despite his counsels absence, Primo gave his consent provided Attys. Dos and Tres would be designated as his joint counsel de oficio for that particular hearing. Thereupon, the court directed Attys. Dos and Tres to act as counsel de oficio of accused Primo only for purposes of the scheduled hearing.

Atty. Dos accepted his designation, but Atty. Tres refused.

A.

Is there any impediment to Atty. Dos acting as counsel de oficio for accused Primo? Reason. (5%)

B.

May Atty. Tres legally refuse his designation as counsel de oficio of accused Primo? Reason. (5%) QUESTION NO. V

A.

Atty. DDs services were engaged by Mr. BB as defense counsel in a lawsuit. In the course of the proceedings, Atty. DD discovered that Mr. BB was an agnostic and a homosexual. By reason thereof, Atty. DD filed a motion to withdraw as counsel without Mr. BBs express consent. Is Atty. DDs motion legally tenable? Reason briefly. (5%)

B.

Assume that your friend and colleague, Judge Peter X. Mahinay, a Regional Trial Court judge stationed at KL City, would seek your advice regarding his intention to ask the permission of the Supreme Court to act as counsel for and thus represent his wife in the trial of a civil case for damages pending before the Regional Trial Court of Aparri, Cagayan.

What would be your advice to him? Discuss briefly. (5%)

QUESTION NO. VI A. Upon learning from newspaper reports that bar candidate Vic Pugote passed the bar examinations, Miss Adorable immediately lodged a complaint with the Supreme Court, praying that Vic Pugote be disallowed from taking the oath as a member of the Philippine Bar because he was maintaining illicit sexual relations with several women other than his lawfully wedded spouse. However, from unexplained reasons, he succeeded to take his oath as a lawyer. Later, when confronted with Miss Adorables complaint formally, Pugote moved for its dismissal on the ground that it is already moot and academic. Should Miss Adorables complaint be dismissed o r not? Explain briefly. (5%)

B.

Alleging that Atty. Malibu seduced her when she was only sixteen (16) years old, which resulted in her pregnancy and the birth of a baby girl, Miss Magayon filed a complaint for his disbarment seven years after the alleged seduction was committed. Atty. Malibu contended that, considering the period of delay, the complaint filed against him can no longer be entertained much less prosecuted because the alleged offense has already prescribed. Is Atty. Malibus contention tenable or not? Reason briefly. (5%)

QUESTION NO. VII A. A disbarment complaint against a lawyer was referred by the Supreme Court to a Judge of the Regional Trial Court for investigation, report and recommendation. On the date set for the hearing of the complaint, the Judge had the case called for trial in open court and proceeded to receive evidence for the complainant. What would you have done if you were the counsel for the respondent-lawyer? Why? Reason briefly. (5%)

B.

Atty. Jarazo filed a civil suit for damages against his business associates. After due trial, Judge Dejado rendered judgment dismissing Atty. Jarazos complaint. Atty. Jarazo did not appeal from the decision rendered by Judge Dejado, thereby rendering the judgment final and executory. Thereafter, Atty. Jarazo lodged a criminal complaint accusing Judge Dejado of rendering a manifestly unjust judgment before the Office of the Ombudsman. Will Atty. Jarazos complaint against Judge Dejado prosper? Why or why not? Reason. (5%) QUESTION NO. VIII

A.

Judge Aficionado was among the several thousands of spectators watching a basketball game at the Rizal Memorial Coliseum who saw the stabbing of referee Maykiling by player Baracco in the course of the game. The criminal case correspondingly filed against Baracco for the stabbing of Maykiling was raffled to the Regional Trial Court branch presided over by Judge Aficionado. Should Judge Aficionado sit in judgment over and try the case against Baracco? Explain. (5%)

B.

Atty. Walasunto has been a member of the Philippine Bar for twenty (20) years but has never plied his profession as a lawyer. His sole means of livelihood is selling and buying real estate. In one of his transactions as a real estate broker, he issued a bouncing check. He was criminally prosecuted and subsequently convicted for violating B.P. Blg. 22. In the disbarment proceedings filed against him, Atty. Walasunto contended that his conviction for violation of B.P. Blg. 22 was not a valid ground for disciplinary action against a member of the bar. He further

argued that his act in issuing the check was done in relation to his calling as a real estate broker and not in relation to the exercise of the profession of a lawyer. Are the contentions of Atty. Walasunto meritorious or not? Reason. (5%)

QUESTION NO. IX

A.

Prepare a draft of a criminal information charging a person with the crime of homicide, complete with caption and title and required certification re preliminary investigation. Do not use real names but supply all facts needed. (5%)

B.

Prepare an acknowledgment of a deed of sale of a registered parcel of land, consisting of four (4) pages inclusive of the page where the acknowledgment appears. Supply fictitious names of the parties, the notary public and details of the parties community tax certificates. (5%) QUESTION NO. X

A.

Prepare a draft of the verification and non-forum shopping certification that should be appended to a complaint. Omit the signature, place, date and the jurat. (5%)

B.

Prepare a complete draft of an attestation clause of a notarial will. (5%)