3.

Administrative Case
(10%)
Attorney M accepted a civil case for the recovery of title and possession of
land in behalf of N. Subsequently, after the Regional Trial Court had issued
a decision adverse to N, the latter filed an administrative case against
attorney M for disbarment. He alleged that attorney M caused the adverse
ruling against him; that attorney M did not file an opposition to the
Demurrer to Evidence filed in the case, neither did he appear at the formal
hearing on the demurrer, leading the trial court to assume that plaintiffs
counsel (attorney M) appeared convinced of the validity of the demurrer
filed; that attorney M did not even file a motion for reconsideration, causing
the order to become final and executory; and that even prior to the above
events and in view of attorney Ms apparent loss of interest in the case, he
verbally requested attorney M to withdraw, but attorney M refused.
Complainant N further alleged that attorney M abused his clients trust and
confidence and violated his oath of office in failing to defend his clients
cause to the very end.
Attorney M replied that N did not give him his full cooperation; that the
voluminous records turned over to him were in disarray, and that when he
appeared for N, he had only half of the information and background of the
case; that he was assured by Ns friends that they had approached the
judge; that they requested him (M) to prepare a motion for reconsideration
which he did and gave to them; however, these friends did not return the
copy of the motion.
Will the administrative case prosper? Give reasons for your answer.
1 comment:

Anonymous said...
III.
The administrative case against Atty. M will prosper. Under the Code of Professional
Responsibility, a lawyer shall serve his client with competence and diligence. A lawyer
should not handle any legal matter without adequate preparation. Not only was Atty. M
negligent in the given case, he was also irresponsible. He should be disciplined.
January 28, 2008 at 4:54 PM

4. Quantum Meruit
(10%)
When is recovery of attorneys fees based on quantum meruit allowed?
1 comment:

Anonymous said...
IV.
The recovery of attorneys fees is based on quantum merit in the following instances:
1. When there is no express contract for payment of attorneys fees agreed upon between
the lawyer and the client;
2. When although there is a formal contract for attorneys fees, the stipulated fees are
found unconscionable or unreasonable by the court;
3. When the contract for attorneys fees is void due to purely formal matters or defects of
execution;
4. When the counsel, for justifiable cause, was not able to finish the case to its
conclusion;
5. When lawyer and client disregard the contract for attorneys fees.
January 28, 2008 at 4:56 PM
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5. Act of Impropriety
(10%)
During the hearing of an election protest filed by his brother, Judge E sat in
the area reserved for the public, not beside his brothers lawyer. Judge Es
brother won the election protest. Y, the defeated candidate for mayor, filed
an administrative case against Judge E for employing influence and
pressure on the judge who heard and decided the election protest.
Judge E explained that the main reasons why he was there in the
courtroom were because he wanted to observe how election protests are
conducted as he has never conducted one and because he wanted to give
moral support to his brother.
Did Judge E commit an act of impropriety as a member of the judiciary?
Explain.

1 comment:

Anonymous said...
V.
No. The act of Judge E in attending the hearing of his brothers election protest could not
be considered improper. Judge E was just there sitting. And he sat there in the area
reserved for the public. This could not have influenced or even tended to influence the
outcome of the election protest. Moreover, Judge E is presumed to be in good faith.
January 28, 2008 at 4:57 PM
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===============6.

New Code of Judicial Conduct

(Total 10%)
(a) A and B are accused of Estafa by C, the wife of Regional Trial Court
Judge D. Judge D testified as a witness for the prosecution in the Estafa
case. Did Judge D commit an act of impropriety? Give reasons for your
answer. (5%)
(b) What qualities should an ideal judge possess under the New Code of
Judicial Conduct for the Philippine Judiciary? (5%)
2 comments:

Anonymous said...
VI.
a.
No. If a person knows something relevant in a certain case, he has an obligation to testify
so that the truth would be ascertained. That this person is a judge who is also the spouse
of the private complainant is immaterial. Performing a legal or moral obligation is not an
act of impropriety.
b.
An ideal judge should possess the following qualities:
1. Independent;
2. Competent;
3. Diligent;

4. Impartial;
5. Must possess integrity.
January 28, 2008 at 5:30 PM

richelda said...
the case is similar to
NORA C. PEREZ and ENGRACIA G. RONQUILLO, complainants, vs. JUDGE JOVEN COSTALES,
RTC, Branch 45, Urdaneta City, Pangasinan, respondent promulgated in the month
of_____,year 200?.
June 5, 2008 at 1:56 PM

7. Notarial Practice
(Total 10%)
(a) What evidence of identity does the 2004 Rules on Notarial Practice
require before a notary public can officially affix his notarial seal on and
sign a document presented by an individual whom the notary public does
not personally know? (5%)
(b) When can Judges of the Municipal Trial Courts (MTC) and Municipal
Circuit Trial Courts (MCTC) perform the function of notaries public ex
officio, even if the notarization of the documents are not in connection with
the exercise of their official functions and duties? (5%)
1 comment:

Anonymous said...
VII.
a.
Evidence of identity required before a notary public can officially affix his seal on and sign
a document presented by an individual whom the notary public does not personally are as
follows:
1. At least one current identification document issued by an official agency bearing the
photograph and signature of the individual; or

2. The oath or affirmation 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 identification.
b.
In the following instances, judges of the MTC and MCTC can perform the functions of
notaries public ex officio, even if the notarization is not in connection with the exercise of
their official functions and duties:
1. When there are no persons with the necessary qualifications;
2. When there are qualified persons but they refuse appointment.

8. Clause Stipulating a Right

(10%)
Prepare a clause stipulating a right of first refusal to be embodied in a
contract of lease, in case of sale of the property leased.
1 comment:

Anonymous said...
VIII.
An example of a clause stipulating a right of first refusal in a contract of lease in case of
sale of the leased property:
In case LESSOR desires to sell the leased property upon the expiration of the lease,
LESSOR shall first offer the leased property at a reasonable price to the LESSEE who shall
have the right of first refusal.
January 28, 2008 at 5:29 PM

9. Affidavit of Merits, Petition for Relief

(10%)
Prepare an affidavit of merits to be attached to a Petition for Relief.
1 comment:

Anonymous said...

IX.
Republic of the Philippines )
Baguio City ) SS
AFFIDAVIT OF MERIT
I, PEDRO CRUZ, single, of legal age, residing at 32 Laurel St. Baguio City, hereby state
under oath the following:
1. I am the defendant in the above-entitled case;
2. If I were given my day in court, I could have shown that I have already paid all the
amount being claimed by the plaintiff;
3. I am executing this affidavit to attest to the truth of the foregoing statements.
IN WITNESS WHEREOF, I have hereunto affixed my signature this September 1,2007 in
Baguio City.
PEDRO CRUZ
SUBSCRIBED AND SWORN TO before me this September 1,2007 by PEDRO CRUZ.
NOTARY PUBLIC
January 28, 2008 at 5:27 PM
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10. Arbitration Clause, Contract

(10%)
Prepare an arbitration clause to be included in a contract.
1 comment:

Anonymous said...
X.
An example of an arbitration clause to be included in a contract:
In case of dispute arising from the terms of this contract, the same shall be referred to
and decided by Atty. Juan Santos.
January 28, 2008 at 5:28 PM
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