- I -

(10%)
What are the duties of an attorney?
ANSWER:
Rule 13 Se!tion "0# $uties of attorneys# It is the duty of
an attorney:
(a) %o &aintain alle'ian!e to the Re(u)li! of the
*hili((ines and to su((ort the +onstitution and o)ey the
la,s of the *hili((ines#
()) %o o)ser-e and &aintain the res(e!t due to the !ourts
of .usti!e and .udi!ial offi!ers/
(!) %o !ounsel or &aintain su!h a!tions or (ro!eedin's
only as a((ear to hi& to )e .ust0 and su!h defenses only
as he )elie-es to )e honestly de)ata)le under the la,#
(d) %o e&(loy0 for the (ur(ose of &aintainin' the !auses
!onfided to hi&0 su!h &eans only as are !onsistent ,ith
truth and honor0 and ne-er see1 to &islead the .ud'e or
any .udi!ial offi!er )y an artifi!e or false state&ent of fa!t
or la,/
(e) %o &aintain in-iolate the !onfiden!e0 and at e-ery (eril
to hi&self0 to (reser-e the se!rets of his !lient0 and to
a!!e(t no !o&(ensation in !onne!tion ,ith his !lient2s
)usiness e3!e(t fro& hi& or ,ith his 1no,led'e and
a((ro-al/
(f) %o a)stain fro& all offensi-e (ersonality and to
ad-an!e no fa!t (re.udi!ial to the honor or re(utation of a
(arty or ,itness0 unless re4uired )y the .usti!e of the
!ause ,ith ,hi!h he is !har'ed/
(') Not to en!oura'e either the !o&&en!e&ent or the
!ontinuan!e of an a!tion or (ro!eedin'0 or delay any
&an2s !ause0 fro& any !orru(t &oti-e or interest/
(h) Ne-er to re.e!t0 for any !onsideration (ersonal to
hi&self0 the !ause of the defenseless or o((ressed/
(i) In the defense of a (erson a!!used of !ri&e0 )y all fair
and honora)le &eans0 re'ardless of his (ersonal o(inion
as to the 'uilt of the a!!used0 to (resent e-ery defense
that the la, (er&its0 to the end that no (erson &ay )e
de(ri-ed of life or li)erty0 )ut )y due (ro!ess of la,#
- II -
(10%)
+ en'a'es the ser-i!es of attorney $ !on!ernin' -arious
&ort'a'e !ontra!ts entered into )y her hus)and fro&
,ho& she is se(arated0 fearful that her real estate
(ro(erties ,ill )e fore!losed and of i&(endin' suits for
su&s of &oney a'ainst her# Attorney $ ad-ised + to 'i-e
hi& her land titles !o-erin' her lots so he !ould sell the&
to ena)le her to (ay her !reditors# 5e then (ersuaded her
e3e!ute deeds of sale in his fa-or ,ithout any &onetary
or -alua)le !onsideration0 to ,hi!h + a'reed on !ondition
that he ,ould sell the lots and fro& the (ro!eeds (ay her
!reditors# 6ater on0 + !a&e to 1no, that attorney $ did
not sell her lots )ut instead (aid her !reditors ,ith his
o,n funds and had her land titltes re'istered in his na&e#
$id attorney $ -iolate the +ode of *rofessional
Res(onsi)ility? E3(lain#
ANSWER:
Art# 1781 states0 the follo,in' (ersons !annot a!4uire )y
(ur!hase0 e-ent at a (u)li! or .udi!ial au!tion0 either in
(erson or throu'h the &ediation of another#
A# 999
:# 999
+# 999
$# 999
E# ;usti!es0 .ud'es0 (rose!utin' attorneys0 !ler1 of
su(erior and inferior !ourts0 and other offi!ials and
e&(loyees !onne!ted ,ith the ad&inistration of .usti!e#
999 this shall a((ly to la,yers0 ,ith res(e!t to the
(ro(erty and ri'hts ,hi!h &ay )e the o).e!t of any
liti'ation in ,hi!h they &ay ta1e (art )y -irtue of their
(rofession#
<# 999
%he Su(re&e +ourt de!lare su!h sale as =-oid and
ine3istent fro& the )e'innin'=#
:y that0 the la,yer -iolates his oath of offi!e - to o)ey the
la,s of the land# %hus0 he is 'uilty of &al(ra!ti!e and
should )e dis!i(lined for his a!ts#
- III -
(10%)
Attorney ># a!!e(ted a !i-il !ase for the re!o-ery of title
and (ossession of land in )ehalf of N# Su)se4uently0 after
the Re'ional %rial +ourt had issued a de!ision ad-erse to
N0 the latter filed an ad&inistrati-e !ase a'ainst attorney
> for dis)ar&ent# 5e alle'ed that attorney > !aused the
ad-ese rulin' a'ainst hi&/ that attorney > did not file an
o((osition to the $e&urrer to E-iden!e filed in the !ase0
neither did he a((ear at the for&al hearin' on the
de&urrer0 leadin' the trial !ourt to assu&e that (laintiff2s
!ounsel (attorney >) a((eared !on-in!ed of the -alidity
of the de&urer filed/ that attorney > did not e-en file a
&otion for re!onsideration 0 !ausin' the order to )e!o&e
final and e3e!utory/ and that e-en (rior to the a)o-e
e-ents and in -ie, of attorney >2s a((arent loss of
interest in the !ase0 he -er)ally re4uested attorney > to
,ithdra,0 )ut attorney > refused# +o&(lainant N further
alle'ed that attorney > a)used his !lient2s trust and
!onfiden!e and -iolated his oath of offi!e in failin' to
defend his !lient2s !ause to the -ery end#
Attorney > re(lied that N did not 'i-e hi& his full
!oo(eration/ that the -olu&inous re!ords turned o-er to
hi& ,ere in disarray0 and that a((eared for N0 he had
only half of the infor&ation and )a!1'round of the !ase/
that he ,as assured )y N2s friends that they had
a((roa!h the .ud'e/ that they re4uested hi& (>) to
(re(are a &otion for re!onsideration ,hi!h he did and
'a-e to the&/ ho,e-er these friends did not return the
!o(y of the &otion#
Will the ad&inistrati-e !ase (ro(er? ?i-e reasons for
your ans,er#
ANSWER:
this (ro)le& is si&ilar to Ras&us Anderson ;r# -s Atty#
Reynaldo +ardeno A+ 3@"30 ;an 1A0"00@#
%he !ourt held that as a la,yer re(resentin' the !ause of
his !lient0 he should ha-e ta1e &ore !ontrol o-er the
handlin' of the !ases# 5e -iolated +anon 1A and 1 of
the +ode of *rofessional res(onsi)ility and ,as
sus(ended for B &onths##
- IC -
(10%)
When is re!o-ery of attorney2s fees )ased on 4uantu&
&eruit allo,ed?
ANSWER:
1# When there is no e3(ress !ontra!t for (ay&ent of
attorney2s fees a'reed u(on )et,een the la,yer and the
!lient2
"# When althou'h there is a for&al !ontra!t for attorney2s
fees0 the fees sti(ulated are found un!ons!iona)le or
unreasona)le )y the !ourt/
3# When the attorney2s fees is -oid due to (urely for&al
&atters or defe!ts of e3e!ution/
7# When the !ounsel0 for .ustifia)le !ase0 ,as not a)le to
finish the !ase to its !on!lusion/ and
@# When the la,yer and !lient disre'ard the !ontra!t for
attorney2s fees#
- C -
(10%)
$urin' the hearin' of an ele!tion (rotest filed )y his
)rother0 ;ud'e E sat in the area reser-ed for the (u)li!0
not )eside his )rother2s la,yer# ;ud'e E2s )rother ,on the
ele!tion (rotest# D0 the defeated !andidate for &ayor0 filed
an ad&inistrati-e !ase a'ainst ;ud'e E for e&(loyin'
influen!e and (ressure on the .ud'e ,ho heard and
de!ided the ele!tion (rotest#
;ud'e E e3(lained that the &ain reasons ,hy he ,as
there in the !ourtroo& ,ere )e!ause he ,anted to
o)ser-e ho, ele!tion (rotest are !ondu!ted as he has
ne-er !ondu!ted one and )e!ause he ,anted to 'i-e
&oral su((ort to his )rother#
$id ;ud'e E !o&&it an a!t of i&(ro(riety as a &e&)er of
the .udi!iary? E3(lain?
ANSWER:
Des0 ;ud'e E !o&&itted an a!t of i&(ro(riety as a
&e&)er of .udi!iary#
In the !ase at )ar0 ;ud'e E is a .ud'e and a )rother# As a
.ud'e0 he is hide)ound to the .udi!ial !anon that he
should a-oid i&(ro(riety and the a((earan!e of
i&(ro(riety in all his a!ti-ities# As a )rother0 he has a
&oral duty to !are for and (rote!t his fa&ily# In his effort
to 'i-e &oral su((ort to his )rother at the e3(ense of
(ro(riety0 he sullied his .udi!ial ro)e#
%he (ersonal )eha-ior of a .ud'e &ust )e )eyond
re(roa!h for he is the -isi)le re(resentation of the la,
and of .usti!e# %he +ode of ;udi!ial +ondu!t en.oins
.ud'es to a-oid not only i&(ro(riety0 )ut e-en the
a((earan!e of i&(ro(riety in all their !ondu!t0 ,hether in
their (u)li! or (ri-ate life# %he (ros!ri(tion in!ludes a
.ud'e2s &eddlin' ,ith .udi!ial (ro!esses in !ourts other
than his o,n and a!tin' in a &anner that ,ould arouse
sus(i!ion that he is &eddlin' ,ith su!h !ourt (ro!esses
as ,hat ;ud'e E de&onstrated in the !ase at )ar#
- CI -
(%otal 10%)
a# A and : are a!!used of Estafa )y +0 the ,ife of
Re'ional %rial +ourt ;ud'e $# ;ud'e $ testified as a
,itness for the (rose!ution in the Estafa !ase# $id ;ud'e
$ !o&&it an a!t of i&(ro(riety? ?i-e reasons for your
ans,er# (@%)
)# What 4ualities should an ideal .ud'e (ossess under the
Ne, +ode of ;udi!ial +ondu!t for the *hili((ine
;udi!iary? (@%)
ANSWER:
A# %he re&edy of the ;ud'e0 )ein' related to one of the
(arties in dis(ute0 is to inhi)it hi&self on the 'round that
he is related ,ith one of the (arties in-ol-ed and he has
(ersonal 1no,led'e in the !ase# A .ud'e !an ser-e as a
'uardian0 e3e!utor0 999 of his i&&ediate fa&ily (u( to
"nd de'ree of !onsan'uinity)# :ased on the 'rounds
stated as to the reasons for his inhi)ition0 it is not
!onsidered as an a!t of i&(ro(riety in the (art of ;ud'e
$#
:# ;ud'es should )e &en ,ho ha-e &astery of the
(rin!i(les of la,0 ,ho dis!har'e his duties in a!!ordan!e
,ith la,0 ,ho (er&itted to (erfor& his duties free fro&
any influen!e0 and ,ho are inde(endent and self-
res(e!tin' hu&an units in a .udi!ial syste& e4ual and
!oordinate to the other t,o de(art&ents of 'o-ern&ent
(:orro&eo -# >ariano0 71 *hil# 3"")#
%he nature of the offi!e of the .ud'e re4uires e4uani&ity0
(ruden!e0 fortitude and !oura'e (Su&&ers -# EFaeta0 1
*hil A@7)
;ud'es0 )ein' the -isi)le re(resentati-e of the la,0 &ust
)e &odels of u(ri'htness0 fairness and honesty ( :arota!
Nue-o# In!# -# +arta'ena0 7 S+RA 1")#
A .ud'e should )e the i&)odi&ent of !o&(eten!e0
inte'rity and inde(enden!e ( Rule 1#01 +ode of ;udi!ial
+ondu!t)
- CII -
(%otal 10%)
a# What e-iden!e of identity does the "007 Rules on
Notarial *ra!ti!e re4uire )efore a notary (u)li! !an
offi!ially affi3 his notarial seal on and si'n a do!u&ent
(resented )y an indi-idual ,ho& the notary (u)li! does
not (ersonally 1no,? (@%)
)# When !an ;ud'es of the >uni!i(al %rial +ourts (>%+)
and >uni!i(al +ir!uit %rial +ourts (>+%+) (erfor& the
fun!tion of notaries (u)li! e3 offi!io0 e-en if the
notariFation of the do!u&ents are not in !onne!tion ,ith
the e3er!ise of their offi!ial fun!tion and duties? (@%)
ANSWER:
- CIII -
(10%)
*re(are a !lause sti(ulatin' a ri'ht of first refusal to )e
e&)odied in a !ontra!t of lease0 in !ase of sale of the
(ro(erty leased#
ANSWER:
- I9 -
(10%)
*re(are an affida-it of &erits to )e atta!hed to a *etition
for Relief#
ANSWER:
- 9 -
(10%)
*re(are an ar)itration !lause to )e in!luded in a !ontra!t#
ANSWER
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