Compiled by BSU-Law, 3rd Year students SY 2015-16

CODE OF PROFESSIONAL  Canon 16. A lawyer shall hol

moneys and properties of h
RESPONSIBILITY
may come into his possession.
 Canon 17. A lawyer owes fi
Question No. 22 (2010). Canon 1 / Rule 1.01
cause of his client and he shall
the trust and confidence repos
A retired member of the Judiciary is now engaged
in private practice. In attending hearings, he uses
When attorney D acquired the prop
his car bearing his protocol plate which was issued
client, he did not only violate these ca
to him while still in the service.
Article 1491 of the Civil Code, which
to acquire by purchase even at a pub
Pass on the ethical aspect of the judge’s use of the
judicial auction, property of his client
protocol plate. (2%)
which has been entrusted to him unles
of the client has been given.
SUGGESTED ANSWER:
Absent any express prohibition to use the plates by
official members of the bench, it is still imprudent, if
Question No. 3. (2007). Canon 18 of th
not unethical for the judge to use of his protocol
plate after his retirement since he no longer holds
Attorney M. accepted a civil case for
that position.
of title and possession of land in
Subsequently, after the Regional Tri
The CPR enjoins respect for law which extend to the
issued a decision adverse to N, the l
society, the legal profession and to the court. Rule
administrative case against attor
1.01 prohibits lawyers from deceit which in turn
disbarment. He alleged that attorney
involves misrepresentation which can he implied if
adverse ruling against him; that attorn
the plates are used after retirement.
file an opposition to the Demurrer
filed in the case, neither did he ap
formal hearing on the demurrer, lea
Question No. 2 (2007). Canons 16 and 17 of the
court to assume that plaintiff's coun
Code of Professional Responsibility (10%)
M) appeared convinced of the va
demurer filed; that attorney M did no
C engages the services of attorney D concerning
motion for reconsideration , causing
various mortgage contracts entered into by her
become final and executory; and that
husband from whom she is separated, fearful that
the above events and in view of a
her real estate properties will be foreclosed and of
apparent loss of interest in the case
impending suits for sums of money against her.
requested attorney M to withdraw,
Attorney D advised C to give him her land titles
M refused. Complainant N further
covering her lots so he could sell them to enable
attorney M abused his client's trust an
her to pay her creditors. He then persuaded her
and violated his oath of office in faili
execute deeds of sale in his favor without any
his client's cause to the very end.
monetary or valuable consideration, to which C
agreed on condition that he would sell the lots and
Attorney M replied that N did not giv
from the proceeds pay her creditors. Later on, C
cooperation; that the voluminous re
came to know that attorney D did not sell her lots
over to him were in disarray, and th
but instead paid her creditors with his own funds
for N, he had only half of the info
and had her land titltes registered in his name. Did
background of the case; that he was a
attorney D violate the Code of Professional
friends that they had approach the
Responsibility? Explain.
they requested him (M) to prepare
reconsideration which he did and ga
Suggested Answer:
however these friends did not return
The decision of the Supreme Court in the case of
the motion.
Hernandez v. Go, A.C. 1526, January 1, 2005, is
squarely applicable to this problem. Under the
Will the administrative case prosper?
 Compiled by BSU-Law, 3rd Year students SY 2015-16
reconsideration. Under the Code, a lawyer shall not
handle any legal matter without adequate
preparation (18.02). He shall not neglect a legal
matter entrusted to him and his negligence renders
him liable (18.03). Canon 18 provides that the
lawyer shall serve his client with competence and
diligence. Thus, the voluminous record is no
justification for the failure of Attorney M to file an
opposition to the demurrer to evidence or failing to
attend the hearing thereof.
Giving the motion for reconsideration to the friends
of N for filing is another instance of negligence on
the part of Atty. M. He should have filed his motion
himself. (Francisco v. Portugal, A.C. No. 6155, March
14, 2006) Atty. M also violated Canon No. 13 of the
Code of Professional Responsibility which provides
that “a lawyer shall rely upon the merits of his
cause and refrain from any impropriety which tends
to influence or gives the appearance of influencing
the court.” Furthermore, refusing to comply with
N’s request to withdraw from the case violated the
absolute right of the client to terminate his lawyer
at any time with or without cause. (Section 26, Rule
138 of the Rules of Court)
Question No. 1. (2008). Code of Professional
Responsibility, Canon 19, 21, & 14
Christine was appointed counsel de oficio for
Zuma, who was accused of raping his own
daughter. Zuma pleaded not guilty but thereafter
privately admitted to Christine that he did commit
the crime charged.
a. In light of Zuma’s admission, what should
Christine do? Explain. (3%)
Suggested Answer:
Christine should suggest to Zuma that he should
plead guilty to the crime as charged.
Canon 19, Rule 19.02 of the CPR states that “a
lawyer who has received information that his client
has, in the course of the representation,
perpetrated 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.”
b. Can Christine disclose the admission of Zuma to
the court? Why or why not? (2%)
Canon 21, Rule 21.02 of the CPR pro
lawyer shall not, to the disadvantage
use information acquired in the
employment, nor shall he use the sam
advantage or that of a third person, un
with full knowledge of the circumstan
thereto.”
Christine cannot disclose the admis
violating the abovementioned
information disclosed is in the nature o
communication, hence, she cannot dis
court without Zuma's consent.
c. Can Christine withdraw as coun
should he insist in going to trial? Ex
Suggested Answer:
Christine cannot withdraw as counsel o
Canon 14, Rule 14.01 of CPR states th
shall not decline to represent a pers
account of the latter's race, sex. creed
life, or because of his own opinion r
guilt of said person.”
Despite the admission of Zuma, Chr
withdraw as Zuma's counsel because
considered innocent until proven gu
there may be mitigating circums
Christine may raise as a defense that i
Zuma.
Question No. 2 (2008). Code of
Responsibility, Canon 6, 15, 21
In 1998, Acaramba, a telecom
company, signed a retainer agreemen
& Sophia Law Office (B & S) for the
services for a fee of P2,000 a month.
2001, the only service actually perform
for Acaramba was the review of a leas
and representation of Acaramba as a
in a bouncing checks case. Acaram
paying retainer fees in 2002 and te
retainer agreement with B & S in 20
Temavous, another telecommunicatio
requested B & S to act as its co
following transactions: (a) the ac
Acaramba; and (b) the acquisition o
company engaged in the power busine
In which transactions, if any, can Bian
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Code of Professional Responsibility (Canon 15)
provide that a lawyer shall not represent parties
with adverse interests to one another. Even though
their relationship had already been terminated the
Code further provides (Canon 21) that a lawyer
should safeguard the confidences of his former
client. In the case of acquisitions, B&S would
definitely have an undue advantage (Rule 21.02-
.03), or to appear to have such, in assisting
Temavous’ acquisition of its former client due to its
prior relationship. In contrast, as to the case of
Super-6, B&S may represent Temavous because
such a transaction is in no way connected to its
prior relationship with Acaramba.
Question No. 3. (2008). Code of Professional
Responsibility, Canon 13)
Dumbledore, a noted professor of commercial law,
wrote an article on the subject of letters of credit
which was published in the IBP Journal.
a. Assume he devoted a significant portion of the
article to a commentary on how the Supreme
Court should decide a pending case involving
the application of the law on letters of credit.
May he be sanctioned by the Supreme Court?
Explain. (4%)
Suggested Answer:
Yes, he may be sanctioned by the court.
Canon 13, Rule 13.02 provides that “a lawyer shall
not make public statements in the media regarding
a pending case tending to arouse public opinion for
or against a party.”
As a lawyer, Dumbledore should not have made
such statements regarding a pending case so as not
to influence the court in deciding the case or giving
the public the impression that the court was
influenced by his commentaries, should the court
arrive at a decision similar to that of Dumbledore's
comments.
b. Assume Dumbledore did not include any
commentary on the case. Assume further after
the Supreme Court decision on the case had
attained finality, he wrote another IBP
Journal article, dissecting the decision and
explaining why the Supreme Court erred in all
its conclusions. May he be sanctioned by the
Dumbledore's commentary in the IBP
unethical. What the CPR prohibits is t
public statements regarding pending
the courts. Dumbledore's article in the
about a decided case already. Once a c
decided, it is already open for public
hence anyone can criticize or make
opinions regarding the conclusion of th
Question No.4 (2008). Code of
Responsibility, Canon 20)
Chester asked Laarni to handle his
sizeable parcel of land in Quezon C
well-known property developer on
fee basis. Laarni asked for 15% of t
may be recovered or 15% of whatev
settlement that may be received from
developer as her only fee contingent u
a favorable final judgment or
settlement. Chester signed the co
agreement.
a. Assume the property developer set
after the case was decided by the R
Court in favor of Chester for P1 Bi
refused to pay Laarni P150 Mi
ground that it is excessive. Is
justified? Explain. (4%)
Suggested Answer:
Yes, the refusal is justified. Canon 20
states that “a lawyer shall charge o
reasonable fees.” Although under a c
agreement lawyers are entitled
remuneration because of the possibilit
nothing at all, the fee charged must
reasonable and conscionable. In this
million fee is excessive and unconscion
b. Assume there was no settlement
eventually reached the Supreme
promulgated a decision in favor of
time Chester refused to convey to L
the litigated land as stipulated on
that the agreement violates Article
Civil Code which prohibits la
acquiring by purchase propertie
which are the object of litigation i
take part by reason of their profe
refusal justified? Explain. (4%)
Suggested Answer:
The refusal is not justified. The transfe
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Laarni spent so much time on the case and much of
her skills were demanded hence the 150 million is a
fair and reasonable fee.
Question No.5 (2008). Code of Professional
Responsibility, charging lien)
The vendor filed a case against the vendee for the
annulment of the sale of a piece of land.
a. Assume the vendee obtained a summary
judgment against the vendor. Would the
counsel for the defendant vendee be entitled to
enforce a charging lien? Explain. (4%)
Suggested Answer:
No, vendee's counsel would not be entitled to
enforce a charging lien. A charging lien to be
enforceable there must be a judgment for money. In
the case at bar, there was no mention of a judgment
for money in favor of the vendee thus vendee's
counsel cannot enforce a charging lien. However, if
there would be a judgment for money vendee's
counsel would be entitled to enforce the charging
lien.
b. Assume, through the excellent work of the
vendee’s counsel at the pre-trial conference and
his wise use of modes of discovery, the vendor
was compelled to move for the dismissal of the
complaint. In its order the court simply granted
the motion. Would your answer be the same as
in question (a)? Explain. (3%)
Suggested Answer:
Vendee's counsel would still not be entitled to
enforce a charging lien. A dismissal on motion of the
plaintiff would certainly not include a judgment for
money. Therefore, the counsel cannot enforce a
charging lien.
Question No. 6. (2008). Code of Professional
Responsibility, Canon 3.
Atty. Abigail filed administrative cases before the
Supreme Court against Judge Luis. Thereafter, Atty.
Abigail filed a Motion for Inhibition praying that
Suggested Answer:
No. Being the subject of an administ
not one of the grounds for disqual
judge from handling case provided by
Judicial Responsibility in Canon 3 Rule 1
Question No. 7. (2008). Code of
Responsibility, Canon 21.
In need of legal services, Niko
appointment to meet with Atty. Henr
Meyer Law Offices. During the m
divulged highly private information to
believing that the lawyer would
confidentiality of the information. S
Niko was shocked when he learne
Henry had shared the confidential
with his law partner, Atty. Meye
common friend, private practit
Canonigo. When confronted, Atty. H
that Niko never signed any c
agreement, and that he shared the
with the two lawyers to secure affir
legal opinion on Niko’s problem. Did
violate any rule of ethics? Explain fully
Suggested Answer:
Canon 21 provides that an attorney s
the confidence of his client and furth
this point in Rule 21.03-.04 by clarifyin
not disclose such information to out
without the consent of his client and
disclose such information to firm pa
prohibited by his client. In the case o
he was a firm partner and as such is co
21.04 and not being explicitly prohib
Henry committed no wrong in giving in
him. However in the case of Atty. Cano
not in any way connected to the
committed a gross violation of Rule 21
case the mere entry into the a
relationship obviates the need for a c
agreement.
Question No. 8. (2008). Code of
Responsibility, Canon 18, 16, 9
State, with a brief explanation, wheth
concerned may be sanctioned for
stated below.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Yes. Canon 18, Rule 18.02 states that “A lawyer shall
not handle any legal matter without adequate
preparation.” A lawyer should have exercised
diligence and made adequate preparations to
ascertain that the complaint stated a cause of action
to prevent the dismissal of the complaint.
b. A suspended lawyer working as an independent
legal assistant to gather information and secure
documents for other lawyers during the period
of his suspension. (3%)
Suggested Answer:
Yes. Under the law, only lawyers in good standing
can perform or engage in the practice of law. In the
case of Cayetano vs. Monsod, the Court held that
the practice of law involves rendering service to the
general public that calls for the professional
judgment of a lawyer, the essence of which is his
educated ability to relate the general body and
philosophy of law to a specified legal problem.
Clearly, the act of working as a legal assistant in
gathering information and securing documents for
other lawyers is within the scope of practicing law. A
suspended lawyer is temporarily prohibited to
practice the legal profession therefor he cannot
engage in the mentioned acts.
c. A suspended lawyer allowing his non-lawyer
staff to actively operate his law office and
conduct business on behalf of clients during the
period of suspension. (3%)
Suggested Answer:
Yes. Canon 9, Rule 9.01 states that “a lawyer shall
not delegate to any unqualified person the
performance of any task which by law may only be
performed by a member of the bar in good
standing.”
d. Keeping money he collected as rental from his
client’s tenant and remitting it to the client
when asked to do so. (3%)
Suggested Answer:
Yes. Canon 16, Rule 16.01 provides that “a lawyer
shall account for all money or property collected or
received for or from the client.” A lawyer should
account for all money he collected immediately. He
should not wait that the client would ask or demand
for the money.
e. Refusing to return certain documents to the
f. An unwed female lawyer car
clandestine affair with her u
hairdresser. (3%)
Suggested Answer:
No. Both parties are of age and quali
each other hence the affair is not
grossly immoral. It is not so cor
unprincipled to warrant sanction from
g. Not paying the annual IBP dues. (3%
Suggested answer:
Yes. Default in payment of IBP dues
shall warrant suspension of membersh
and default in payment for one year
for the removal of the member in
Attorneys.
Question No. 9. (2008). Code of
Responsibility, Canon 3.
State, with a brief explanation, wheth
concerned may be sanctioned for
stated below.
a. Refusing to inhibit himself althoug
lawyers in the case is his second co
SUGGESTED ANSWER:
No. Under Canon 3, Rule 3.12 a judge
no part in a proceeding where
impartiality might reasonably be quest
the cases would be where the judge
consanguinity or affinity to counse
fourth degree. A second cousin is a r
the 6th degree, hence it is not cov
prohibition.
b. Deciding a case in accordance wit
Court ruling but adding that he do
with the ruling. (3%)
SUGGESTED ANSWER:
No. There is no law or rule prohibiting
Regardless of his opinion, the judge
the Supreme Court's ruling thus th
nothing wrong with such act. Furthe
will not have any bearing as it is no
decision.
c. Dictating his decision in open court
after trial. (3%)
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Question No. 7 (2009). Code of Professional
Responsibility, Canon 15.
Lawyer cannot refuse to divulge the name or
identity of his client (True or False)
Answer:
FALSE. There are certain exceptions where in the
lawyer may refuse divulge the identity of his client.
He may do so:
1. Where a strong probability exists that
revealing the identity would implicate
the client in the very activity for which
he sought the lawyer’s advice.
2. When disclosure would open the client
to civil liability.
3. Where the government’s lawyers have
no case against an attorney’s client
unless by revealing the client’s name.
Question No. 8 (2009)) Code of Professional
Responsibility, Canon 15, Rule 15.03
What are three (3) tests to determine conflict of
interest for practicing lawyers? Explain each
briefly.
Answer:
In the case of Quiambao vs Bamba the SC held that
“developments in jurisprudence have particularized
various tests to determine whether a lawyer’s
conduct lies within this proscription. One test is
whether a lawyer is duly-bound to fight for an issue
or claim in behalf of one client and, at the same
time, to oppose that claim for the client. Thus, if a
lawyer’s argument for one client has to be opposed
by that same lawyer in arguing for the other client,
there is a violation of the rule.
Another test of inconsistency of interests is whether
the acceptance new relation would prevent the full
discharge of the lawyer’s duty of undivided fidelity
and loyalty to the client or invite suspicion of
unfaithfulness or double-dealing in the performance
of the duty.
Still another test is whether the lawyer would be
called upon in the new relation to use against a
former client any confidential information acquired
through their connection or previous employment”.
plaintiff’s Pre-Trial Brief containing
witnesses, Atty. Manuel interviewed
witnesses for the plaintiff without th
plaintiff’s counsel.
a. Did Atty. Manuel violate any eth
for lawyers?
Answer:
NO. Statutory law provides that a
interview a prospective witness for
side in a civil or criminal case without t
the opposing counsel or party. This is
Canon 39 of the Canon Professional Eth
b. Will your answer be the same
plaintiff who was interviewed by
without the consent of plainti
Explain.
Answer:
YES. A witness is distinct and differe
adverse party. The rule earlier enuncia
include permission to interview the a
without the consent of his coun
supported by Canon 9 of the Canons o
Ethics.
Question No. 18 (2009) Rule 7.0
Chapter 2, CPR
Atty. Hype, a bachelor, practices
Philippines. On long weekends, he da
actresses in Hong Kong. Kristine, a ne
Philippines, filed with the Sup
administrative complaint against
because of sex videos uploaded
internet showing Atty. Hype’s sordid d
the actresses in Hong Kong.
In his answer, Atty. Hype (1) questio
personality and interest of Kristine to
complaint and (2) insists that he is a
the sex videos relate to his private
outside public scrutiny and have no
with his law practice.
Rule on the validity of Atty. Hype’s de
Suggested Answer:
The first defense does not lie becau
personality and interest of Kristine t
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Hyde’s defense that his private life has nothing
to do with his practice of law is not meritorious. The
CPR specifically provides that lawyers should not
engage in conduct that adversely reflects his fitness
to practice law, nor behave in a scandalous manner
to discredit the legal profession, whether private or
public. Thus, there is a ground for sanctions ions or
even his disbarment.
Question No. 19 (2009). Canon 20, CPR
Atty. Wilmar represented Beatriz in a partition
case among heirs, and won. When Wilmar
demanded payment of attorney’s fees, Beatriz
refused to pay. Wilmar sued Beatriz for the unpaid
attorney’s fees and obtained a favorable
judgment. Thereafter, Beatriz filed an
administrative complaint against Wilmar claiming
that he lied when he stated in his claim for
attorney’s fees that the subject of the partition
case involved the entire estate of the deceased
when, in fact, it covered only 50% thereof. Wilmar
set up the defenses that (1) Beatriz filed the
complaint only to delay the execution of the
judgment ordering her to pay attorney’s fees and
(2) Beatriz engaged in forum-shopping. Are the
defenses of Atty. Wilmar tenable? Explain.
Answer:
1) YES. The defenses of Atty. Wilmar are tenable
since Atty. Wilmar had already obtained a
favorable judgment both his client’s case as
well as his demand for payment of attorney’s
fees due him. Under the circumstances where
services has already been rendered, and his
demand passed upon by a court, the
subsequent administrative complaint can be
gleaned as a delaying tactic on the part this
time of the client.
2) NO. There is strictly no forum shopping. Forum
shopping is the result when there is an adverse
opinion in one forum, and a party seeks a
favorable decision (other than by appeal or
certiorari) in another forum. Here Beatriz,
instead of filing an appeal or a certiorari in a
higher court to contest the award for legal
fees, chose to file an administrative complaint
based on the ground of dishonesty which is not
meritorious or otherwise, do not invo
causes of action. Rather, it pertains to
the facts of the case which should have
upon at the onset.
Question No. 21 (2009). Rule 15.02
Canon 15, CPR
When Atty. Romualdo interviewed
Vicente, who is accused of murde
confessed that he killed the victim in
Vicente also said that when he takes
stand, he will deny having done
Romualdo obliged, under his oath a
inform the judge that (a) his client is
his client will commit perjury on
stand? Explain.
Answer:
a) Atty. Romualdo cannot and is n
reveal to the judge that Vicent
murder. Under the rule o
communication, admission of a c
committed is deemed privilege
client privilege attaches and he is
such rule to keep secret wha
Vicente, told him in confidence.
b) Under the circumstances tha
expressly told him that he will co
when he takes the witness
communication is no longer privi
pertains to a crime yet to be com
Atty. Romualdo must do first is d
client to commit perjury, since a
impress upon his client to obey
cannot convince him, then the CP
and gives him a ground to dis
services. (Rule 15.07, CPR). P
practice show that it may not b
interest to be the one to reveal
that Vicente will commit per
witness stand since this revelatio
the Attorney-Client privilege.
Question No. 22 (2009). Rule 13.01, Ca
On a Saturday, Atty. Paterno filed a p
Writ of Amparo with the Court of A
Impelled by the urgency for the iss
writ, Atty. Paterno persuaded his frien
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Answer:
YES. Atty. Paterno violated the CPR which provides
that a lawyer shall rely on the merits of his case and
refrain from any improperly which influence or
gives the appearance of influencing the court. Atty.
Paterno’s act of using his friendship with Justice de
la Cruz in order to acquire the Writ of Amparo
without a hearing is not in accordance with this
rule. Atty. Paterno should have let the process
continue on its own without using connections or
influence.
Another Suggested Answer:
YES. Justice dela Cruz violated the NCJC which
provides that judges shall, in their personal
relations with individual members of the legal
profession, avoid situations which might reasonably
give rise to the suspicion or appearance of
favoritism or partiality. By issuing the Writ of
Amparo alone, in violation of the law, he has
violated this rule.
Question No. 4 (2010). Canon 7.
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 contention in order?(3%)
SUGGESTED ANSWER:
No. The Supreme Court ruled when a lawyer incurs
debts, he has the moral duty and legal responsibility
to settle them when they become due.
Lawyers must at all times faithfully perform their
duties to the society, to the bar, to the court and to
their clients. As part of their duties, they must
promptly pay their financial obligations. (Wilson
Cham vs. Atty. Eva Pata-Moya, 556 SCRA 1,2008)
of are purely personal or private a
do not involve the practice of law.
SUGGESTED ANSWER:
Rule 7.03 – A lawyer shall not engag
that adversely reflects on his fitness to
nor shall he whether in public or privat
in a scandalous manner to the discred
profession.
Rule 7.01 – A lawyer shall be an
knowingly making a false statement o
a material fact in connection with his a
admission to the bar.
Question No. 7 (2010). Canon 7
Atty. Candido commented in a newsp
decision of the Court of Appeals was i
a powerful relative of the prevailin
appellate court found him guilty
contempt.
Does this involve moral turpitude? Exp
SUGGESTED ANSWER:
No. Moral turpitude has been defined
which is done contrary to justice, mod
morals, an act of baseness, vileness o
the private and social duties which a m
fellowmen, or to society in general
justice, modesty or good morals.
Atty. Candido act of attributing corru
court is contemptuous under the CPR
constitute moral turpitude.
Obiter: Moral turpitude is a moral deli
affects the fitness of a member of
continue as such and includes c
outrages the generally accepted mora
community.
Question No. 3 (2010). Canon 8.
Atty. Y, in his Motion for Reconside
Decision rendered by the National La
Commission (NLRC), alleged that
connivance of the NLRC Commissione
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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.
Is Atty. Y administratively liable under the Code of
Professional Responsibility? Explain. (3%)
SUGGESTED ANSWER:
Yes. Case law has it that it is unavailing to presume
that labor practitioners are entitled to some
latitude of righteous anger. Likewise, the Court is
not deterred from exercising supervisory authority
over lawyers who misbehave or fail to live up to
that standard expected of them as members of the
Bar.
NLRC exercises quasi-judicial functions and should
be accorded with the same respect and demeanor
due to courts of law.
Canon 8 of the CPR states that a lawyer shall
conduct himself with Courtesy, Fairness and Candor
towards his professional colleagues. Relative
thereto, Rule 8.01 profers that a lawyer shall not, in
his professional dealings, use language which is
abusive, offensive or otherwise improper. In a bid
to maintain respect due to courts and to judicial
officer, Rule 11,03 again states that a lawyer shall
abstain from scandalous, offensive or menacing
language or behavior before the courts.
In addition, Rule 11.04 specifically states that a
lawyer shall not attribute to judge motives not
supported by the record.
Obiter: Canon 7 states that lawyers should at all
times uphold the integrity and dignity of the legal
profession and continues in Rule 7.03 to state that
lawyers should not behave in a scandalous manner
to the discredit of the legal profession.
Question No. 6 (2010). Canon 9.
the firm. She allowed her husband
calling cards bearing his name as seni
the firm and to appear in courts
postponements.
Did Atty. Santos-Cruz violate th
Professional Responsibility? Why? (3%
SUGGESTED ANSWER:
Yes. The CPR clearly provides that a
not, directly or indirectly, assist in the
practice of law. (Canon 9)
Clearly the husband and friend are non
cannot be partners in a law from
constitutes unauthorized practice of l
Rule 9.01 states- A lawyer shall not de
unqualified person the performance
which by law may only be performed
of the bar in good standing.
Question No. 15-A (2010). Canon 13.
Rico, an amiable, sociable lawyer, ow
Marina Golf Club, easily one of the m
courses. He relishes hosting
government officials and members of
One day, he had a chance meeting w
the Intramuros golf course. The two
along well and had since been regu
golf together at the Marina Golf Club.
a. If Atty. Rico does not discuss
members of the bench during par
games, is he violating the Code of
Responsibility? Explain. (3%)
SUGGESTED ANSWER:
YES. Atty. Rico is liable for violating Ca
of Professional Responsibility, he sh
from any impropriety which tends to
gives the appearance of influencing th
is especially true if Atty. Rico is regula
in the court of the judges.
Also, Rule 13.1 states that – A law
extend extraordinary attention or hosp
seek opportunity for cultivating fam
judges. In playing golf regularly
familiarity will certainly arise and wh
they discuss cases is a non-issue.
 Compiled by BSU-Law, 3rd Year students SY 2015-16

(A) Nothing because the comp

after RXU terminated him.
Question No, 8 (2010). Canon 16.03. (B) 15% of what CRP paid
million.
For services to be rendered by Atty. Delmonico as (C) A reasonable amount th
counsel for Wag Yu in a case involving 5,000 shall fix upon proof of quantum
square meters (sq.m.) of land, the two agreed on a (D) Nothing since he was
success fee of P50,000 plus 500 sq.m. of the land. complete the work stated in
contract.
The trial court rendered judgment in favor of Wag
Yu which became final and executory.
Question No. 5. (2011), Canon law
After receiving P50,000, Atty. Delmonico
demanded the transfer to him of the promised 500 Sheryl, Eric's counsel, once
sq.m. Instead of complying, Wag Yu filed an postponement and the court granted
administrative complaint charging Atty. Delmonico opposing counsel, Bernadine, did no
with violation of the Code of Professional then asked Sheryl not to allow
Responsibility and Article 1491 (5) of the Civil Code postponements because his case has b
for demanding the delivery of a portion of the land for 8 years. When trial resumed, Bern
subject of litigation. to reset the trial because of her infa
What must Sheryl do?
Is Atty. Delmonico liable under the Code of
Professional Responsibility and the Civil Code? Answer:
Explain? (5%) (A) Remind the Court that it ha
promptly decide the case.
SUGGESTED ANSWER: (B) Interpose no objection s
No. Rule 16.03 – A lawyer shall deliver the funds once sought postponeme
and property of his client when due or upon Bernadine's objection.
demand. However, he shall have a lien over the (C) Vehemently oppose Bernad
funds and may apply so much thereof as may be for being contrary to Eric's wish
necessary to satisfy his lawful fees and (D) Submit the motion to the C
disbursements, giving notice promptly thereafter to discretion.
his client.

He shall also have a lien to the same extent on all
judgments and executions he has secured for his
client as provided for in the Rules of Court. Here the
land is no longer subject of litigation because the
case was already final and executor.
Question No. 7 (2011) Canon Law, rule
Which of the following statements b
the distinct traditional dignity tha
profession enjoys over other professio

Answer:
Question No. 3 (2011) Canon Law, Rule 20 (A) People are quite dependen
for their skills in getting them o
Atty. Francisco’s retainer agreement with RXU said with the law.
that his attorney's fees in its case against CRP (B) Its members strive to main
"shall be 15% of the amounts collected." Atty. even in their private dealings.
Francisco asked the trial court to issue a temporary (C) Its members earn by charg
restraining order against CRP but this was denied, emoluments or fees.
prompting him to file a petition for certiorari with (D) The profession is anc
the Court of Appeals to question the order of fiduciary relation with the clien
denial. At this point, RXU terminated Atty.
Francisco’s services. When the parties later settled
their dispute amicably, CRP paid RXU P100 million. Question No. 14 (2011), CANON law
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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?
Answer:
(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.
(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.
Question No. 15 (2011), Canon Law
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
members of faction B. Eventually, the court upheld
Faction B which thus revoked Atty. Chito’s retainer
on 14 January 2007. With OGCC’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?
Answer:
(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.
Question No. 16 (2011), Canon Law, Canon 10
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
also sued Atty. Jose for foisting a false
court. Is Atty. Jose liable?
Answer:
(A) No, because he did no
arrange for Emily to lie in court
(B) Yes, because he did not ad
to settle the case amicably.
(C) No, because Emily did not p
reveal the falsity to the court.
(D) Yes, because he knowing
false testimony pass for truth.
Question No. 17 (2011), Canon Law, R
In settling his client's claims, Atty. C
from the adverse party P200,000 in
client. Which of the following is an IM
for Atty. Cruz to handle the money?
Answer:
(A) Ask his client to prepare a
fees for swapping with the cash
(B) Deposit the cash in his
account and later issue his pe
to his client, less his fees.
(C) Turn over the cash to his
request that the latter pay him
(D) Tell his client about the se
the cash and wait for
instructions.
Question No. 20 (2011) canon law, can
After representing Lenie in an impo
from 1992 to 1995, Atty. Jennifer lost
client. Ten years later in 2005, Evelyn
Jennifer to represent her in an ac
Lenie. Such action involved certain
confidential, to which Atty. Jennife
because she handled Lenie's old cas
Jennifer act as counsel for Evelyn?
Answer:
(A) No, but she can assist an
who will handle the case.
(B) Yes, but she must notify
accepting the case.
(C) No, because her duty t
confidences of previous client
(D) Yes, but she cannot
 Compiled by BSU-Law, 3rd Year students SY 2015-16
A difficult 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?
Answer:
(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.
Question No. 25 (2011) Canon Law, Rule 11
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 his
appearance later. Is Anthony liable for his record
follow up?
Answer:
(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 up.
(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.
Question No. 28 (2011), Canon Law, Rule 12.02
(forum Shopping)
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
(A) Yes, since the action he f
Court of Appeals was bar
pendency of a similar action
Environment Secretary.
(B) Yes, since he was eviden
for a sympathetic forum, a c
practice.
(C) No, since his appeal to the
Secretary was administrative, n
(D) No, since he has to exhaus
remedies to serve his client’s in
Question No. 29 (2011), Canon L
(ambulance Chasing)
Atty. Melissa witnessed the car a
resulted in injury to Manny, a friend o
visiting him at the hospital, she advis
what action he needed to take r
accident. Is Atty. Melissa subject to
action if she eventually handles the ca
Answer:
(A) No, because Melissa did
volunteer her services.
(B) No, because Manny happ
friend.
(C) Yes, she engaged in typic
chasing.
(D) Yes, because she should
her services for free.
Question No. 33 (2011), Canon Law, ru
Atty. Eliseo represented Allan in a c
against the Philippine Charity Sweep
(PCSO). After his election as sanggu
member, the court rendered a decisi
favor. Still, Atty. Eliseo appeared for
latter’s appeal, prompting the PCSO
his right to do so. In response, Atty. E
that the local government code auth
practice law as long it does not con
duties. Is Atty. Eliseo right?
Answer:
(A) No, because he cannot app
government instrumentality in
(B) Yes, because his official d
conflict with his private practic
(C) No, because he works o
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Which of the following instances demonstrates
counsel’s LACK of diligence in serving his client's
interest?
Answer:
(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.
(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.
Question No. 37 (2011), Canon Law, Rule 8
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?
Answer:
(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
knowingly 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.
Question No. 38 (2011), Canon Law, Rule 22
Which of the following is required of counsel when
withdrawing his services to a client in a case?
Answer:
(A) Counsel's desire to withdraw, expressed
in his motion.
(B) Payment of withdrawal fee.
(C) Opposing counsel’s conformity to the
withdrawal.
Which of the following demonstrates
duty to give the court the respect it de
Answer:
(A) Counsel consistently appea
on time.
(B) Counsel obeying court's
processes.
(C) Woman counsel appear
dressed in business attire.
(D) Counsel addressing the co
Honor" at all times.
Question No. 40 (2011), Canon Law, Ca
Atty. Arthur agreed to represent
personal injury case after the latt
retainer agreement for a 33% fee c
their winning the case. In the cou
Patrick dismissed Atty. Arthur after h
their evidence in chief and engaged A
another lawyer. They lost the cas
would Atty. Arthur be entitled to?
Answer:
(A) Thirty three percent of the
paid to Winston.
(B) The reasonable value of his
(C) A flat hourly rate for
invested in the case.
(D) Absolutely nothing.
Question No. 42 (2011), Canon Law, R
Which of the following characteristics
charging lien?
Answer:
(A) It cannot attach to ju
delivery of real estates.
(B) It involves documents p
lawyer's possession by rea
retainer.
(C) It does not need any notice
to make it effective.
(D) It may be exercised before
execution.
Question No.45 (2011), Canon law, Ru
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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?
Answer:
(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.
Question No. 46 (2011), Canon Law, Rule 1
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
malpractice action prosper?
Answer:
(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
reprehensible for a lawyer to be unavailable
to a person in need.
(D) Yes, he having taken advantage of
Menchu who was not fully protected and
had no independent advice.
Question No. 50 (2011), Canon law, Rule 17, 18
Which of the following demonstrates a lawyer’s
fidelity to known practices and customs of the bar
regarding a case he is handling?
Answer:
(C) Accepting a tough case al
new in practice, trusting that
would make up for lack of exp
(D) Inviting the judge hearing
dinner with no purpose to dis
with him.
Question No. 1 (2013). Code 19, 22, 10
Atty. Bravo represents Carlos Negar (
agent for Dormir Insurance Co.) in a
insurance claimant Andy Limot wh
Dormir Insurance. The insurance po
the insured/claimant to give a writt
the insurance company or its agent w
from the occurrence of the loss.
Limot testified during the trial that h
the notice of the loss to the insuranc
admitted that he lost the registry re
he did not have any documentary ev
fact of mailing and of the timeliness o
notice. Dormir Insurance denie
contending that timely notice had no
either to the company or its agent.
client, agent Negar, testified and confi
never received any notice.
A few days after Negar testified, he
Atty. Bravo that he had lied whe
receipt of Limot’s notice; he did recei
by mail but immediately shredded
Limot’s claim.
If you were Atty. Bravo, what would y
of your client’s (Carlos Negar’s) disclo
perjured himself when he testified? (8
SUGGESTED ANSWER:
If I were Atty. Bravo I shall promptly ca
Negar, my client, to rectify his perjur
by recanting the same before the court
Should he refuse or fail to do so
terminate my relationship with hi
Professional Responsibility, Canon 19
stating that with his having committe
pursued an illegal conduct in connec
case (Ibid., Canon 22, Rule 22.01).
Since my client Limot refuses to
advantage thus unjustly gained as a
perjury, I should promptly inform
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Professional Responsibility, Canon 10, Rule 10.01,
and the Attorney’s Oath). I shall file a manifestation
with the court attaching thereto the notice of
termination as Limot’s counsel.
Question No. 2 (2013). Canon 12.
Atty. Serafin Roto is the Corporate Secretary of a
construction corporation that has secured a multi-
million infrastructure project from the
government. In the course of his duties as
corporate secretary, he learned from the company
president that the corporation had resorted to
bribery to secure the project and had falsified
records to cut implementing costs after the award
of 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
testifying against the president and the
corporation.
Resolve the motion to quash. (8%)
SUGGESTED ANSWER:
Motion denied. The motion should be denied
because Atty. Roto did not learn of the bribery and
falsification in connection with a lawyer-client
relation. Being a corporate secretary does not
create a lawyer-client relation because membership
in the Bar is not a requirement to perform functions
of a corporate secretary. Consequently, Atty. Roto
does no owe any obligation of confidentiality to the
corporation.
Atty. Roto may be compelled to testify. As an officer
of the court, a “lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice” (Code of
Professional Responsibility, Canon 12).
Furthermore, “a lawyer owes candor, fairness and
good faith to the court” (Ibid., Canon 10).
ALTERNATIVE ANSWER
Motion granted. It is true that being a corporate
secretary does not necessarily constitute a lawyer-
client relation. However, Atty. Roto may be
considered in the practice of law if part of his duties
at every peril to himself, to preserve t
his client” (Rules of Court, Rule 138, S
paraphrasing and arrangement supplie
Atty. Roto learned from the company
the bribery and falsification, while Atty
the course of his performance of h
corporate secretary. Thus, he co
examined in that matter without the c
client (Ibid., Rule 130, Sec. 24(b)).
Question No. 4 (2013). Canon 1
Atty. Doblar represents Eva in a
against Olga. He is also defending
substantially identical contract suit fil
In behalf of Eva, Atty. Doblar clai
statute of limitations runs from the
breach of the contract. In the action a
Atty. Doblar now argues the reverse p
that the statute of limitation does n
one year after discovery of the breach
Both cases are assigned to Judge Elr
not the sole issue in the two cases, t
limitations issue is critical in both.
Is there an ethical/professional
problem in this situation? If a problem
are its implications or potential co
(8%)
SUGGESTED ANSWER:
Yes. There is an ethical/professional
problem that results from the actua
Doblar in arguing the reverse positions
The signatures of Atty. Doblar on the
Eva and Maria, constitute a certificate
he has read the pleadings; that to th
knowledge, information and belief t
ground to support them; and that
were not interposed for delay (Rules o
7, Sec. 3, 2nd par.). Atty. Doblar could
has complied with the foregoing
because he could not take a stand fo
contrary to that taken for Maria. His t
clearly contradicts his theory for M
violated his professional responsibili
under the Rules of Court.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
In counselling on the contradictory positions, Atty.
Doblar has likewise counseled or abetted activities
aimed at defiance of the law or at lessening
confidence in the legal system (Code of Professional
Responsibility, Canon 1, Rule 1.02) because
conflicting opinions may result arising from an
interpretation of the same law.
Atty. Doblar could not seek refuge under the
umbrella that what he has done was in protection
of his clients. This is so because a lawyer’s duty is
not of 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
(Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211
(1999), citing 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.).
Question No. 7 (2013). Canon 4.
In an action to prevent the condominium
developer from building beyond ten (10) floors,
Judge Cerdo rendered judgment in favor of the
defendant developer. The judgment became final
after the plaintiffs failed to appeal on time. Judge
Cerdo and Atty. Cocodrilo, counsel for the
developer, thereafter separately purchased a
condominium unit each from the developer.
Did Judge Cerdo and Atty. Cocodrilo commit any
act of impropriety or violate any law for which
they should be held liable or sanctioned? (8%)
SUGGESTED ANSWER:
Judge Cerdo and Atty. Cocodrilo did not commit any
act of impropriety nor did they violate any law.
The prohibition imposed by the Civil Code, Art.
1491(5), prohibiting judges and attorneys, and that
contained in the Canons of Professional Ethics,
Canon 10, with regard to purchase of any interest in
the subject matter of the litigation both refer only
to instance where the property is still the subject of
the litigation.
ALTERNATIVE ANSWER
Atty. Crocodilo did not commit any eth
nor did he violate any law when he
condominium unit from the dev
prohibition under the Canons of Profe
and under the Civil Code, Art. 1
application only while the property
subject ogf litigation. With the judg
attained a state of finality, the prop
longer be said to be the “subject
(Director of Lands v. Ababa, G.R.
February 27, 1979).
While technically, Judge Cerdo has no
provisions of the Civil Code, Art. 1491
purchased a condominium unit form t
because the judgment has attained
finality, there may be some concerns o
aspect of what he had done.
Familiar is the maxim, Non omne
honestum est (Not everything that
ethical). Judges, like Judge Cerdo shou
any whiff of impropriety. Judges
impropriety and the appearance of im
all of their activities (New Code of Co
Philippine Judiciary, Canon 4, Sec. 1).
His purchase of a condominium un
developer might be interpreted by som
a consideration for his having decide
favor of the defendant developer.
Question No. 8-MCQ (2013). Canon 14
Vito is a notorious gangster in the prov
been accused of raping and mercilessl
year old girl. Sentiments run very str
him and the local Bar Association met
that no lawyer in the locality would re
Vito could not afford the services of an
counsel.
Choose the most appropriate legal
characterization of the decision of t
Association. (1%)
Answer:
(A) It is within its right to
lawyers may freely decide who
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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
Association already prejudged Vito.
SUGGESTED ANSWER:
(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, Art. III, Sec. 2).
Question No. 10 (2013) Canon 3
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.
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%)
SUGGESTED ANSWER:
No. Attorney Novato’s manner of carrying out his
professional practice is not in keeping with the
appropriate ethical and professional practice. He
has disregarded 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 no have
His shingle shows that he has consid
profession as a business. He should ha
shingle for his copier services business.
When he included in his shingle
“Specialist in Small Claims” and
Notarization,” he has transgressed th
lawyer in making known his legal serv
only dignified information or statem
(Code of Professional Responsibility,
also the norm that a lawyer shall not
the use of any misleading, undignified s
or unfair statement or claim re
qualifications or legal services (Ibid., C
3.01).
The use of the phrases “Specialist in
and “Fastest in Notarization” is
advertisement because they are likely
unjustified expectation about the resu
can achieve or implies that the lawye
results by improper means (ABA Mode
[NOTES AND COMMENTS: The exa
sixteen (16) minutes to answer each es
Thus, they have more than ample t
exhaustive answers to the questions.
are merely guides. Examinees should
even if they do not include the citation
Question No. 11 – MCQ (2013). Canon
Candido engaged the services of Atty
criminal case. In the course of their c
Candido admitted to Atty. Lebro
committed the crime and in fact acti
its commission. He stressed, howeve
no circumstance would he admit or c
murder charge he is facing and, in
enter a plea of "not guilty" on arraignm
If Candido insists on his planned plea,
should __________. (1%)
Answer:
(A) discontinue his repres
continue would be unethical si
then be aiding the accused
deliberate falsehood on the co
(B) allow Candido to choose
action; Atty. Lebron’s duty is
his legal and statutory rights
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(E) play matters by ear and wait for
developments as Candido may still plead
guilty.
SUGGESTED ANSWER:
(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).
Or
(C) Convince Candido to plead guilty and withdraw
from the case if Candido refuses to heed his
advice.
Question No. 12-MCQ (2013). Canon 12
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
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%)
Answer:
(A) It is unethical since he counseled civil
servants to disregard a court order.
(B) It is ethical, since he acted in accordance
with his honest conviction after considering
that the court’s conditions have not been
met.
(C) It constitutes indirect contempt, but the
lawyer cannot be disciplined because he
acted out of his firm and honest conviction.
SUGGESTED ANSWER:
(A) It is unethical since he counseled
to disregard a court order (Code of
Responsibility, Canon 12).
Question No. 13-MCQ (2013) Canon 15
The mediator assigned to a civil case
be your law school classmate and
doctrinal statement about the rights o
You knew that the statement, althou
to your client’s case, is incorrect.
The ethical move to make under the c
is to __________. (1%)
Answer:
(A) correct the mediator and s
doctrine
(B) just keep quiet becaus
counsel might learn about you
with the mediator
(C) reveal your relationshi
mediator and ask the opposing
has any objections
(D) request the Mediation S
immediately change the media
(E) simply withdraw from the
of the unfair advantage that yo
SUGGESTED ANSWER:
(A) Correct the mediator and sta
doctrine. This is part of my duty as a la
Or
(C) Reveal your relationship with the m
ask the opposing counsel if he has an
(Code of Professional Responsibility
Rule 15.04).
Question No. 14 –MCQ (2013) Canon 2
Wanda finally became pregnant in the
her marriage to Horacio. As he
progressed, she started having difficu
and was easily fatigued. The docto
that she has a heart congestion prob
valve defect, and that her chances
baby to full term are slim. Wanda i
contemplates the possibility of abort
sought legal advice from Diana, a
and fellow church member, who
informally advising her on legal matte
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(B) Advise Wanda on the purely legal side of
her problem and assure her that abortion is
allowed by law if the pregnancy endangers
the life of the mother.
(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 consultations
with friends and fellow church members.
SUGGESTED ANSWER:
(B) Advise Wanda on the purely legal side of her
problem and assure her that abortion is allowed by
law if the pregnancy endangers the life of the
mother (Code of Professional Responsibility,
Canon 2, Rule 2.01-2.02).
Question No. 15-MCQ (2013) Canon 15
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.
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 Diana violate the prohibition against
representing conflicting interests when she
provided legal advice to Wanda without Horacio’s
knowledge? (1%)
Answer:
(B) No. Diana did not give any
that would constitute legal pr
for the strict observance of t
interest rules.
(C) No. The decision on whet
have an abortion lies solely w
is her body and health that is in
(D) No. Horacio and Wanda
any advice given to Wanda i
have been given to Horacio as
(E) No. Giving advice to W
necessarily acting against Hora
Diana was giving advice ba
couple’s best interest.
SUGGESTED ANSWER:
(A) Yes. The decision of whether
abortion should be decided by both s
Diana should not have provided legal
absence of Horacio whose concerns a
are unknown to her (Code of
Responsibility, Canon 15).
Or
(C) No. The decision on whether or no
abortion lies solely with Wanda; it is
health that is in issue (Code of
Responsibility, Canon 5 and
(Reproductive Health Law).
Question No. 17-MCQ (2013). Canon 1
Under the same essential facts as t
Question XVI, assume that you have r
ABLE Law Office and that you
impleaded as a co-defendant, but dur
with the firm, you assisted in handli
Co. account, which is largely owned by
The prosecutor handling the case ag
and the law firm asks you, as a form
member, if you can help stre
prosecution’s case and hints that you
impleaded as a co-defendant if
cooperate.
What is your best legal and ethic
action? (1%)
Answer:
(A) Offer to testify on what y
provide evidence against the d
exchange for a guarantee of im
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(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.
SUGGESTED ANSWER:
(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 (Code of Professional Responsibility,
Canon 15, Rule 15.02).
Question No. 19-MCQ (2013). Canon 12
You are a lawyer working at the Office of the
Special Prosecutor and you are part of the team
handling the case against former Senator Avido
who is charged with plunder. Based on your
assessment of the evidence that the complainant
Linda submitted, you know that the case against
former Senator Avido is weak, although you
instinctively feel that he is guilty. You inform your
friend Atty. Curioso (who works with the office of
Senator Elmismo, a known political rival of Senator
Avido) regarding your instinctive feeling about
Senator Avido. Atty. Curioso springs a surprise by
giving you a recording of the wiretapped
conversation between Senator Avido and Napo, a
private party co-accused, about the transaction
complained of and how they would split the
proceeds.
What will you do under these circumstances? (1%)
Answer:
(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
introduction and the disclosure of its
existence is a right that the public is entitled
to.
(C) Leak the wiretapped conversation to the
(E) Let Napo privately know
parties, that you are aware of
of the taped conversation, w
that he can still hope for a ligh
he would cooperate.
SUGGESTED ANSWER:
(A) Disregard the wiretapped convers
inadmissible and will not serve any us
in the trial of the case (Code of
Responsibility, Canon 12).
Question No. 20-MCQ (2013). Canon 1
Armin, holding a transfer certificate o
in downtown Calamba in the nam
shows you the title and claims that Bo
the lot. He then asks you to draft a
covering the transaction. In reply to y
where Bobby is, Armin explains th
currently out of the country but he (A
general power of attorney which he a
you. The power of attorney empower
everything that Bobby can do with
lot, but you note that it does no
authorize Armin to sell the property
assures you that he wants the deed o
so he can send it to Bobby for his si
while overseas.
How will you act under the given cir
(1%)
Answer:
(A) Agree to draft the deed of
to your usual 10%commission.
(B) Refuse to draft the deed
Armin has not presented a spe
attorney that would support t
he is asking you to prepare.
(C) Refuse to draft the deed
Bobby is not present to sign
sale and verify that he is inde
lot to Armin.
(D) Agree to draft the deed of
is only a draft that Bobby
consider and sign.
(E) Refuse to have anything
Armin’s request because it is
problematic situation given the
in downtown Calamba.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 16-MCQ (2013). Canon 15, 10.
Privileged Communication Rule
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
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%)
Answer:
(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.
SUGGESTED ANSWER:
(C) No, the information you acquired involving the
criminal case against Santino is covered by the
privileged communications rule (Code of
Professional Responsibility, Canon 15, Rule 15.02);
(Privileged Communication Rule).
Or
(B) Yes, as an officer of the court, you have the
duty to disclose to the court information crucial to
R is retained the counsel o
Ermita Branch. One day, his Balikbayan
consulted him about his unclaimed d
the said branch of ABC Bank, which t
refused to give to him claiming that the
become dormant. R agreed to file a cas
bank with the Regional Trial Court (RT
B lost the case, but upon the advice
longer appealed the the decision. B lat
that R was retained counsel of ABC
Branch. Does B have any remedy? Dis
and ethical implications of the problem
SUGGESTED ANSWER:
Atty. R clearly violated the
representing the conflicting interest
Code of Professional Responsibility).
action to set aside the judgment on th
if the lawyer is disqualified from a
counsel for a party on account o
interests, he is presumed to have im
prejudicially advised and represented
the conduct of the litigation from the
the end. He may also file an action
against Atty. R, aside from an a
complaint due to his misconduct
prejudiced by the adverse decision
which he no longer appealed upon t
Atty. R.
Question No. 4 (2014) CPR
A is the accused of robbery in
filed by B. A sought free legal assistan
Public Attorneys Office (PAO) and A
assigned to handle his case. After r
facts as stated in the complaint as n
Atty. C is convinced that A is guilty. (4%
(A) May Atty. C refuse to handle the defe
asked to be relieved ? Explain Fully.
(B) In the problem (A), if the lawyer is cou
for the accused and he learns later af
the case and while trial is ongoing t
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(A) RULE 14.01 of the Code of Professional
Responsibility that a lawyer shall not decline to
represent a person solely in the account of his own
opinion regarding the guilt of the said person. It is
not the duty of the lawyer to determine whether
the accused is guilty or not, but the judge’s.
Besides in a criminal case, the accused is presumed
innocent, and he is entitled to an acquittal unless
his guilt is proven beyond reasonable doubt. The
role of the lawyer is to see to it that his
constitutional right to due process is observed.
He may withdraw his appearance but in
accordance with the 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 received information that
his client has, that in the course of 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 which such client in accordance with
the Rules of Court.
Question No. 7 (2014) Canon No. 9
C and D are the law partners using the firm
name C and D – Attorneys-at-Law. In an
administrative case filed against C, the Supreme
Court (SC) find out that C is not entitled to
admission to the practice of law in the Philippines
and ordered his name stricken- off from the rolls of
Attorneys. As a result, C and D changed their firm
name to Law Office of D, while D is the practitioner.
Are C and D liable for contempt of court? Explain
your answer. (5%)
SUGGESTED ANSWER :
In adopting the firm name of “Law Office
of D-Attorney 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 firm name,
no false, misleading or assumed name shall be
used”. Including the name D in the firm name,
Canon No. 9 – “A lawyer shal
or indirectly, assist the unauthorized
law”.
Attorney D may be suspend
conduct. C, being a non-lawyer, may b
for indirect contempt of court.
Question No. 10 (2014) Canon 4
Atty. M is a partner in a law firm OMP
C, a former classmate of Atty. M enga
services of Atty. M to handle his appea
of Appeals (CA) from the adverse de
Regional Trial Court (RTC) in his ann
After the Notice to file brief was issue
Atty. M met an accident which incap
from further engaging in law practice.
his partner in the law firm, file the req
brief for C? Explain your answer. (5%)
SUGGESTED ANSWER:
It depends whether or not C k
to be a partner of the OMP & Associa
when he hired him. Generally, the
member of a law firm is equivalent to
of the firm itself. Thus, if the said m
with dies or is incapacitated to rende
law firm is bound to provide a subst
Atty. P may file the required brief for C
On the other hand, if Atty. M
alone, without knowledge that he b
law firm, P may not file the require
without the consent of the latter.
statement in the problem that C kne
member of the law firm OMP & Asso
time that C engaged his services.
Question No. 15 (2014) Canon No. 9 o
Professional Responsibility
M engaged the services of Atty. D to
annulment of marriage case in the R
Court (RTC). After a long-drawn trial,
able to secure a favorable judgment fr
 Compiled by BSU-Law, 3rd Year students SY 2015-16

HE can collect his fees either by filing a
motion in the annulment of marriage case that he
handled, and to order M to pay the same, or he
can file a separate action for the recovery of his
attorney’s fees. Of the two, the first is preferable
because the judge in the annulment case will be in
a better position to evaluate the amount and value
of his services. In the meantime, he may avail of
the retaining lien, which is to retain the moneys
and properties of M in his possession until he is
paid for his services, or a charging lien, which is to
charge any money judgment in the case for the
payment of his fees.Will a lawyer violate the Code
of Professional Responsibility if he forms a
partnership with professionals of other disciplines
like doctors, engineers, architects or accountants?
Explain your answer.
SUGGESTED ANSWER:
look at the employment of a collabor
as a loss of confidence in him.
(B) If the client insists on retaining a
counsel over and above the objec
original counsel, the latter may w
services when his inability to work wi
will not redound to the best interest
(Rule 22.01, Code of Professional Resp
Question No. 24 (2014) Code of
Responsibility
(A) May an attorney talk to his witn
and during the
trial? Explain.
(B) In case of postponement of the
decision should
prevail – the client or his attorney?
Explain the governing rule. (4%)

He may form a partnership with other SUGGESTED ANSWER:

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.” Paragraph 3 of Canon 33 of the
Code of Professional Ethics which is suppletory to
the CPR, 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.”
(A) He may talk to his witness before the
shall refrain from talking to his witn
break or recess in the trial, while the w
under examination (Rule 12.05
Professional Responsibility).
(B) On the matter of the postponement
the lawyer’s decision should prevai
Code of Professional Responsibility pr
a lawyer shall not allow his client to
procedure in handling the case”, Sec.
of the Rules of Court provides that
the full authority to bind their clients
of ordinary judicial procedure.

Question No. 21 (2014) Code of Professional

Responsibility
(4%)
(A) May a client hire additional counsel as
collaborating counsel
over and above the objection of the original
counsel?
(B) If the client insists, may the original counsel
withdraw from the
case, and how?

SUGGESTED ANSWER:

(A) Yes, the client is entitled to have as many lawyers

as he can afford. Professional courtesy, however,
Compiled by BSU-Law, 3rd Year students SY 2015-16
 Compiled by BSU-Law, 3rd Year students SY 2015-16
CODE OF JUDICIAL CONDUCT
Question No. 5 (2007). Canon 2 of the Code of
Judicial Conduct (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 brother's lawyer. Judge E's
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 protest 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?
Suggested Answer:
Judge E committed an act of impropriety by
appearing in another court at the hearing of his
brother’s election protest. In the case of Vidal v.
Dojillo, Jr., A.M. No. MTJ-05-1591, July 14, 2005,
which involved the same facts, the Supreme Court
held as follows:
“Canon 2 of the Code of Judicial Conduct requires a
judge to avoid not only impropriety but also the
mere appearance of impropriety in all activities.
Even if respondent did not intend to use his position
as a judge to influence the outcome of his brother’s
election protest, it cannot be denied that his
presence in the courtroom during the hearing of his
brother’s case would immediately give cause for the
community to suspect that his being a colleague in
the judiciary would influence the judge trying the
case to favor his brother.”
Question No. 6. Canon 1 of the Code of Judicial
Conduct ( 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
can be dispensed with, being corr
nature, Judge D should refrain from t
may be viewed as a subtle attempt to
outcome of the case. He should
influencing in any manner the outcom
or dispute pending before another cou
(Canon 1.03, New Code of Judicial Cond
b. What qualities should an ideal
possess under the New Code o
Conduct for the Philippine Jud
Suggested Answer:
Qualities of an ideal judge under the N
Judicial Conduct are:
1. Independence (Canon 1);
2. Integrity (Canon 2);
3. Impartiality (Canon 3);
4. Propriety (Canon 4); and
5. Competence and Diligence (Ca
Question No. 1 (2009). NEW CODE
CONDUCT) Admin Matter No. 03-05-0
True or False. The Bangalore Draft, a
Roundtable meeting of Chief Justices
Hague, is now the New Code of Judici
the Philippines (True or False, explain)
Answer:
True. The Bangolore Draft was ado
Philippine Supreme Court through a
No. 03-05-01-SC and which took effe
2004.
Question No. 11. (2009).) Rule 3.12 o
Judicial Conduct
In a case for homicide filed before
Trial Court( RTC), Presiding judge Qu
an order for an arrest of the accuse
motion for the reduction of bail, and
for the arraignment of= th
Subsequently, Judge Quintero inhib
from the case, alleging that even bef
was raffled to his court, he already
knowledge of the circumstances sur
case. Is Judge Quintero’s inhibitio
Explain.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
personal knowledge of disputed evidentiary facts
concerning the proceeding.
Question No. 11 (2010)
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%)
SUGGESTED ANSWER:
NO. There is no clear showing that the Judge
violated any of the provisions of the CJC. There is no
prohibition on donating properties, especially if the
same is to serve public purpose or welfare.
There is no clear showing or evidence that the
increase in value of their adjacent properly
motivated or was made a precondition of the
donation. As such, no malice or corrupt intent
amounting to misconduct or corruption can be
directly imputed to the Judge.
Question No. 15-B (2010). Rule 2.03
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.
One day, he had a chance meeting with a judge in
the Intramuros golf course. The two readily got
along well and had once been regularly playing
golf together at the marina Golf Club.
b. How about the members of the bench who
grace the parties of Rico, are they violating the
Code of Judicial Conduct? Explain. (3%)
SUGGESTED ANSWER:
YES. Canon 2 enjoins judges to avoid impropriety
and the appearance of impropriety in all activities.
Canon 1 states that judges should be the
conduct or judgment. The prestige of
shall not be used or lent to advance
interests of others nor convey the im
they are in a special position to influen
Case law has it that the actuation
constantly eating and drinking in publ
a lawyer who has cases pending in hi
public suspicion may be aroused, thu
erode the trust litigants in the impar
judge.
Question No. 17-A (2010). Rule 3 & 4
Judge X was invited to be a guest sp
the annual convention of a private
which was covered by media. Since
the liberty to speak on any topic, he d
recent decision of the Supreme Co
that the President is not, under the
proscribed from appointing a Chief J
two months before the election.
In his speech, the judge demurred to
Court decision and even stressed that
is a serious violation of the Constitutio
a. Did Judge X incur any administra
Explain. (3%)
SUGGESTED ANSWER:
NO. Strictly construed, Judge X will n
liability for making such a commen
which is an expression of an opinio
already decided upon by the SC. What
be abstained from is making com
pending or impending case. (Rule 3.07,
Furthermore, Canon 4 allows Judges
activities to improve the law, the lega
the administration of justice.
ALTERNATIVE ANSWER:
YES. Openly criticizing the decision of
member of the bench does not spea
judicial system, much less the adm
justice in relation to the perception an
of the people on the people who run
Unity and stability within the judiciary
the integrity of the judicial system as a
Depending on the extent of the criti
language used, he may thus be ad
liable for simple misconduct. A judg
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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%)
SUGGESTED ANSWER:
No. The Judge is not justified in not inhibiting
himself since Rebecca is his step daughter and is
related to him by one degree of affinity.
The Code of Judicial Conduct expressly provides
that a judge should take no part in a proceeding
where the judge’s impartiality might reasonably be
questioned. These cases include among others,
proceedings where: the judge is related by
consanguinity or affinity to a party litigant within
the sixth degree or to counsel within the fourth
degree.
Question No. 16 (2010). Rule 5.10.
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 L incur administrative and/or criminal
liability? Explain. (3%)
SUGGESTED ANSWER:
YES. Judge L can be said to be administratively liable
but not criminally liable.
Rule 5.10 of the Code of Judicial Conduct provides
that a Judge is entitled to entertain personal views
on political questions, but to avoid suspicion of
political partisanship a judge shall not make political
speeches, contribute to party funds, publicly
endorse candidates for political office or participate
in other partisan political activities.
The rule above does not make kinship an exemption
from compliance with the prohibition.
who happened to be child of Judg
daughter, Pilita. Judge Florante insi
committed no wrong since the pro
non-adversarial and since it merel
correct an erroneous entry in the
certificate. Is Judge Florante liable?
Answer:
(A) Yes, because Florante b
rule on mandatory disqualifica
(B) No, because Judge Flor
pecuniary interest in the proce
(C) No, because it is true th
was non-adversarial so it preju
(D) Yes, since the correction
record affects the details of
child.
Question No. 13 (2011) Code of Judicia
On appeal, RTC Judge Rudy affirme
conviction of Lorna for violation of
checks law and awarded Agnes, the
Php1.6 million in damages. Two year
Lorna’s motion and after ascertain
counsel never received the court's de
Rudy recalled the entry of judgment
reversed himself, and absolved Lo
Claiming an unjust judgment, Agn
administrative complained against
saying that it is plain from the circum
he connived with Lorna, her coun
handling prosecutor. But she offere
evidence. Rudy denied the charges
that any error in his judgment is corre
an appeal, not by an administrative
Judge Rudy be disciplined?
Answer:
(A) No, because Agnes' compla
based on suspicions and specu
(B) No, because Agnes has ye
that Rudy's decision is plainly e
(C) Yes, because he gravely
discretion in recalling the
judgment.
(D) Yes, because recons
judgment of conviction that th
earlier issued shows anoma
Rudy's action.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
corporation devoted to penal reform, where she
participates in both fund raising and fund
management. Which of the following statements
applies to her case?
Answer:
(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 things.
(D) All of her activities are legal.
2011, Question (19) Code of Judicial Conduct,
One of the foundation principles of the Bangalore
Draft of the Code of Judicial Conduct is the
importance in a modern democratic society of
Answer:
(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 integrity of
its judiciary.
(C) the existence of independent and
impartial tribunals that have the support of
its government.
(D) judges who are learned in law and
jurisprudence.
Question No. 30 (2011), Code of Judicial Conduct,
Canon2
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?
(C) Yes, because she showed
publicity and recognition that
judicial post.
(D) No, because she is free to
business cards details that say
Question No. 31 (2011), Code of Judici
Serving as counsel de oficio, Att
advised John of the consequences o
not guilty to the charge. Before trial c
however, the presiding judge died. As
Atty. Mamerto was appointed judge
case was assigned to him by raffle.
moved for the judge’s disqualificati
Mamerto under obligation to inhibit
the case?
Answer:
(A) No, because his service to
momentary.
(B) Yes, because his knowled
case affects his judgment.
(C) No, because he was merely
oficio.
(D) Yes, because he serve
counsel.
Question No. 36 (2011), Code of Judici
What unhealthy attitude of mind sh
avoid falling into?
Answer:
(A) Hearing and adjudicating
important job.
(B) Courts are made for litigant
(C) Litigants are made for the c
(D) Courts should dispose of t
time.
Question No. 48 (2011), Code of Judici
After the prosecution cross-examin
witness for the accused, Judge Pedro a
additional questions that were so
made her cry. One question forced Sh
that her mother was living with ano
fact that weighed on the case of the
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Answer:
(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 right to due process
when he acted both as prosecutor and
judge.
(D) Yes, because nothing connects his desire
to be clarified with the questions he asked.
Question No. 49 (2011), Code of Judicial Conduct
Administrative penalties imposed on judges are
Answer:
(A) curative.
(B) punitive.
(C) corrective.
(D) both punitive and corrective.
Question No. 26 (2011), Code of Judicial Conduct
Administrative proceedings against Judges of all
courts and Justices of the Court of Appeals and the
Sandiganbayan shall be
Answer:
(A) private and confidential.
(B) public but subdued.
(C) private but transparent.
(D) public.
Question No. 6 (2013). Rules of Court, Code of
judicial conduct
An audit team from the Office of the Court
Administrator found that Judge Contaminada
committed serious infractions through the
indiscriminate grant of petitions for annulment of
marriage and legal separation. In one year, the
judge granted 300 of such petitions when the
average number of petitions of similar nature
granted by an individual judge in his region was
only 24 petitions per annum.
the parties were not actual resident
territorial jurisdiction of the court; a
cases, there was no record of
examinations conducted by the publ
or any documentary evidence marked
offered. All these, viewed in th
supported the improvident and in
grant that the OCA found.
If you were the counsel for Andy Ma
other litigants whose marriages
improperly and finally annulled,
options in administratively procee
Judge Contaminada, and state where
would exercise these options. (8%)
SUGGESTED ANSWER:
As counsel for Andy Malasuerte, I hav
of participating in the administrative pr
filing a verified complaint in writing a
Contaminado, with the Office of
Administrator, supported by affidavit
who have personal knowledge of the
therein or by documents which may
said allegations. The complaint shall
and concisely the acts and omissions
violations of standards of conduct p
judges by law, the Rules of Court,
Judicial Conduct (Rules of Court, Rule
and the new Code of Conduct for t
Judiciary.
(NOTES AND COMMENTS: The que
refers to “administratively proceeding
Contaminado.” It is suggested that
should be given if the examinee d
options available for Andy Malasuer
relief with regard to his improperl
annulled marriage.)
Question No. 8 (2013).Code of Conduc
Philippine Judiciary
The criminal case arising from the P10
pork barrel scandal was raffled to Sa
Justice Marciano Cobarde. Afraid th
antagonize the parties, his political
ultimately, his judicial career, he decid
from participating in the case, givi
reasons" as his justification.
If you were to question the inhibition
Cobarde, on what legal basis, and wh
 Compiled by BSU-Law, 3rd Year students SY 2015-16
improperly to influence him in the performance of
his 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 file a motion with the Division of the
Sandiganbayan in which Justice Cobarde is sitting
for the remittal of his voluntary inhibition. I would
advance in motion the reasons why the “personal
reasons” set forth by the Justice are insubstantial
and does not merit his inhibition. I would likewise
set the motion for hearing as appropriate.
(NOTES: The decision of Justice Cobarde to inhibit
himself on account of “personal reasons” is not
conclusive and his competency may be determined
on an application for mandamus to compel him to
act (Palang v. Zosa, G.R. No. L-38229, August 30,
1974).
The voluntary inhibition of Justice Cobarde is not
subject to mandamus because voluntary inhibition
involves his exercise of discretion (Gutang, et al v.
Court of Appeals, et al, G.R. No. 124760, July 8,
1998).
Question No. 9 (2014) New Code of Conduct for
the Philippine Judiciary
Judge A accepted a gift consisting of
assorted canned goods and other grocery items
from his compadre whose friend has a pending case
with him. He accepted the gift just 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.
SUGGESTED ANSWER:
In accepting a gift from his compadre,
which he must have suspected was connected with
the case of his compadre’s friend, because he
accepted just in order not to embarrass his
“Judges and members of t
shall neither ask for, nor accept, any
loan or favor in relation to anything d
done or omitted to be done by hi
connection with the performance of ju
Question No. 17 (2014) Canon 3 of th
of Judicial Conduct
Judge Clint Braso is hearing a case
Timothy and Khristopher Company,
where his wife used to work as one
Executives for several years. D
impartiality of the Judge, Mr. Tim
motion to inhibit Judge Clint Braso
Braso refused on the ground that his
resigned from the company. Decide
SUGGESTED ANSWER:
The fact that Judge Braso’s wif
work for KhristopherCompany is not a
ground for his inhibition. However, Se
Canon 3 of the New Code of Judicial C
the Philippine Judiciary provides that j
should disqualify themselves from par
any proceeding in which “it may appe
reasonable observer that they are una
the matter in partially.” The Supreme
advised that a judge “should exercise
in a way that the people’s faith in the
justice is not impaired” (Pimentel v. Sa
SCRA 160, Sept. 18, 1957]). While it m
reasonable to believe that Judge Braso
impartial because his wife used to wo
Executive of Khristopher Company, th
of prudence would dictate that he inh
from the case involving the said comp
Question No.19 (2014) Canon 3 of the
Judicial Conduct
After the pre-trial of a civil case for re
D advised B’s counsel to settle the
according to Judge D, his initial asses
 Compiled by BSU-Law, 3rd Year students SY 2015-16

(B) What remedy or remedies may be taken by B’s

lawyer against Judge D? Discuss fully.

SUGGESTED ANSWER:

(A) Yes, Judge D acted improperly. Sec. 4, Canon 3 of

the New Code of Judicial Conduct for the
Philippine Judiciary provides that “judges shall not
knowingly, while a proceeding is before or could
come before them, make any comment that might
be reasonably expected to affect the outcome of
such proceeding or impair the manifest fairness of
the process. Nor shall judges make any comment
in public or otherwise that might affect the fair
trial of any person or issue.” In the case of Castillo
v. Juan, 62 SCRA 124, 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.
The court stated that the judge should avoid any
conduct that casts doubt on his impartiality. It is
not merely a matter of judicial ethics. It is
impressed with constitutional significance.
(B) B’s lawyer could move for the disqualification or
inhibition of the judge, and if he refuses to inhibit,
his refusal can be raised to a higher court by
certiorari.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
NOTARIAL LAW
Question No. 7. (2007) Rules on Notarial Practice
(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%)
Suggested Answer:
Section 12, Rule II of the 2004 Rules on Notarial
Practice defined competent evidence of identity as
referring to any of the following identification of an
individual:
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. 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 function and duties? (5%)
Suggested Answer:
MTC and MCTC judges assigned to municipalities or
circuits with no lawyers or notaries public may, in
the capacity as notaries public ex-officio, perform
any act within the competency of a regular notary
public, provided that: (1) all notarial fees charged
be made for the account of the Government and
turned over to the municipal treasurer (Tabao v.
Asis, A.M. No. RTJ-95-1330, January 30, 1996;
Lapena, Jr. v. Marcos, A.M. No. 1969-MJ, June 29,
1982); and (2) certification be made in the notarized
documents attesting to the lack of any lawyer or
Question No. 9 (2009) A.M. No. 02-
IV—Powers & Limitations of Not
Section 3
A notary public is disqualified from
notarial act when the party to the d
relative by affinity within the 4th civil
or False)
Answer:
True. Under Sec. 3 Rule IV of the 2
Notarial Practice notary public is disq
preforming a notarial act if he is a spou
law partner, ancestor, descendant, o
affinity or consanguinity of the pri
fourth civil degree.
Question No. 14 (2009). Section 2, R
2004 Rules on Notarial Practice
Atty. Sabungero obtained a notarial
On Sunday, while he was at the cock
approached him with an affidavit th
notarize. Atty. Sabungero immediate
from his pocket his small notaria
notarized the document. Was the aff
notarized? Explain.
Answer:
NO. The affidavit was not validly
accordance with the Rules on Notarial
rules provide that a notary public shal
a notarial act outside his regular plac
business. A cockpit is clearly not a no
regular place of business.
Atty. Sabungero’s notarization of the a
valid. Furthermore, the facts in the cas
one of the exceptional occasions
where a notarial act may be performe
notary public’s office and territorial jur
Question No. 2 (2011)
The acknowledgment appearing in a
reads: "Before me personally appe
August 2010 Milagros A. Ramirez, wh
identity to me through witnesses: 1
Balana, Passport UU123456; 1-5-2010
and 2. Elvira N. Buela, Passport VV2
 Compiled by BSU-Law, 3rd Year students SY 2015-16
privy to or are interested in the deed he signed."
What is the status of such a notarial
acknowledgment?
Answer:
(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
executing the document.
Question No. 8 (2011), Notarial law
Raul sought Ely'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?
Answer:
(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 Ely's notarial commission
since the charge against him seems
meritorious.
(D) No, given Ely’s admission that he
notarized the document when some
signatories were absent.
Question No. 9(2011), Notarial law
When will Atty. Antonio's notarial commission
expire if he applied for and was given such
commission on 12 November 2010?
Answer:
(A) 31 December 2012
(B) 31 December 2011
Question No. 11 (2011) Notarial law
Which of the following will subject At
Manila notary public, to sanctions
notarial rules?
Answer:
(A) Notarizing a verification and
against forum shopping in Ma
the request of his Senator-clien
(B) Refusing to notarize an
settlement deed after noting
friend, was delisted as heir wh
fact one.
(C) Performing signature
involving his brother-in-law a
it in his register.
(D) Notarizing a deed of sale
he knew without requiring a
identity.
Question No. 32 (2011), Notarial law
Myra asked Atty. Elma to notarize her
When Elma asked for Myra's compet
of identity, she explained that she d
any current identification document n
get one soon. Instead, she presente
Alex, who showed Atty. Elma his dr
and confirmed her Myra’s identit
identification of Myra valid?
Answer:
(A) Yes, provided Alex states in
sale that he knew Myra person
(B) No, Myra needs to prod
identification document of her
(C) No, since Alex is not hims
the document.
(D) Yes, since Alex had a valid
document.
Question No. 1-MCQ (2013). A.M. No
Rule 2 Sec. 12
Under the 2004 Rules of Notarial P
may be used to satisfy the req
“competent evidence of identity”? (1%
 Compiled by BSU-Law, 3rd Year students SY 2015-16

(D) Ombudsman’s clearance, private office

ID, PhilHealth card.
(E) All of the above.

SUGGESTED ANSWER:
(C) Voter’s ID, NBI clearance, Driver’s license
(Notarial Act, Sec. 12).
 Compiled by BSU-Law, 3rd Year students SY 2015-16
MCLE
Question No. 1 (2011), MCLE
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?
Answer:
(A) No, since he has yet to complete the
required teaching 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.
Question No. 22 (2011), Notarial Law, MCLE
In what documented act will a notary public’s
failure to affix the expiration date of his
commission warrant administrative sanction?
Answer:
(A) In the jurat of a secretary's certificate.
(B) In the will acknowledged before him.
(C) In the signature witnessing he
performed.
(D) In the document copy he certified.
Question No. 23 (2011) MCLE
Provincial Governors and Municipal Mayors who
are lawyers are MCLE exempt because
Answer:
(A) they handle cases of their constituents
for free.
(B) the Local Government Code prohibits
them from practicing their profession.
(C) they are rendering public service.
(D) As experts in local governance, it may be
assumed that they are updated on legal
developments.
professional commitments, he wou
messenger or a member of his le
register his attendance at the MCLE s
could be credited with the require
attendance. He would also ask them
printed handouts and the lecturers
which he studied in his free time.
Atty. Ausente should be __________.
Answer:
(A) required to make up for h
attending lecture sessions in
providers
(B) sanctioned because he circ
evaded full compliance wit
requirements
(C) excused because he
profession-related tasks, and
the courses through the mate
he secured
(D) penalized by forfeiting a
MCLE units
(E) excused because attendanc
a widespread and tolerated MC
SUGGESTED ANSWER:
(B) sanctioned because he circumvent
full compliance with the MCLE
(Mandatory Continuing Legal Educat
Section xx).
Question No. 27 (2011), MCLE
When does the initial MCLE complianc
newly admitted member of the bar be
Answer:
(A) On the first day of the m
admission.
(B) On the tenth day of the
admission.
(C) On the third year after his
member.
(D) On the first year of the ne
compliance period.
Question No. 1 (2012) MCLE Rule 7
Atty. Galing is a Bar topnotcher. H
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Answer:
a. No, eight (8) years experience is
not enough.
b. Yes, since he has mastered what
he is handling.
c. Yes, professors of law are
exempted.
d. No, since he is not yet a Bar
reviewer.
Question No. 2 (2012) MCLE Rule 7
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?
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.
Question No. 3 (2012) MCLE Rule 7
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.
Question No. 4 (2012) MCLE Rule 7
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.
Question No. 5 (2012) MCLE Rule 7
When does compliance period begin?
a. When the lawyer actu
law practice;
b. Upon admission/read
the Bar;
c. 01 October 2009;
d. 01 October 2006.
Does the MCLE requirement apply at o
newly-admitted lawyer?
a. Yes, if admitted to the
there are four (4) mor
remaining of the com
period.
b. No, wait for the next c
period.
c. Yes, if he will start law
immediately.
d. Yes, if more than one
remains of the compli
What is the purpose of MCLE?
a. To conform with the r
of international law.
b. To provide a venue to
fraternal relations am
c. To keep abreast with
jurisprudence and to m
ethical standards of th
profession.
d. To supplement legal k
due to substandard la
Atty. Aga was appointed as Treasurer
President with the approval of the Boa
Governors for a term coterminous wit
President. A year thereafter, Atty. Aga
Barangay Chairman of their place, and
of absence for two (2) weeks to camp
Atty. Aga re-assume as Treasurer afte
absence?
a. Yes, since he lost in th
b. No, because he was d
resigned upon filing o
certificate of candidac
c. Yes, because his posit
Treasurer is cotermin
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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
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-
lawyer.
c. In the courts of a municipality, a
party may conduct his litigation in
person or with the aid of an agent
or friend.
d. If a public prosecutor is not
available, at least a private
prosecutor who must be a lawyer
should be designated.
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.
d. A 2nd year law student has sufficient
knowledge of criminal law and
procedure, hence, he is competent
to defend himself.
when his case was called for hearing
not appear for his client although he
outside the door of the court room.
directed the client to summon Atty.
latter refused. Judge Bell then issued
directing Atty. X to explain why no d
action shall be imposed on him for th
misconduct but he refused the direc
a. RTC Judge Bell can suspe
from the practice of law
sala.
b. The case of Atty. X can be
due to non-appearance o
even though the party w
c. The hearing of the case s
rescheduled in the intere
d. The court can admonish
the unprofessional condu
lawyer and ask him to ch
lawyer.
Question No. 30 (2014) MCLE
(A) Can a lawyer who lacks the num
required by the Mandatory Cont
Education (MCLE) Board continue to
profession?
(B) May a lawyer be held liable for da
client for the lawyer’s failure to file t
pleadings to prosecute the client’s c
result of which the client suffered dam
(C) Can a lawyer still practice his profe
having arrears in his Integrated
Philippines (IBP) dues?
SUGGESTED ANSWER:
(A) He can, but they will be unable to com
Matter No. 1922 which requires
pleading filed in court or a quasi-judic
contain an annotation of the number
their MCLE compliance, otherwise, th
will be expunged and their cases dis
will also be listed as delinquent mem
Integrated Bar of the Philippines,
Board of Governors can recom
suspension or disbarment to the Sup
Until then, they can continue to pra
cannot file pleadings in court or
bodies.
(B) Yes, he may be held liable, Rule 18.03
 Compiled by BSU-Law, 3rd Year students SY 2015-16

diligence, and injury sustained by the client as the and never seek to mislead the
proximate result thereof, are the prerequisites to judicial officer by an artif
the maintenance of an action for damages against statement of fact or law;
5. To maintain inviolate the confi
a lawyer.
every peril to himself, to
(C) Sec. 10, Rule 139-A of the Rules of Court provides secret of his client, and to
that “default in the payment of annual dues for six compensation in connectio
months shall warrant suspension of members in client’s business except from
the Integrated Bar, and default in such payment knowledge and approval;
for one year shall be a ground for the removal of 6. To abstain from all offensive
the name of delinquent member from the Roll of and to advance no fact preju
honor or reputation of a part
Attorneys.”
unless required by the justice
Hence, a lawyer who is in arrears in the payment with which he is charged;
of his IBP dues may still practice his profession 7. Not to encourage e
until he is suspended and/or disbarred. commencement or the contin
action or proceeding, or dela
cause from any corrupt motive
8. Never to reject, for any
personal to himself, the c
defenseless or oppressed;
9. In the defense of a person accu
by all fair and honorable mean
RULES OF COURT of his personal opinion as to th
accused, to present every def
Question No. 1 (2007), Lawyers Oath (10%) law permits, to the end that n
be deprived of life or liberty
What are the duties of an attorney? process of law.

Suggested Answers: Per the Code of Professional Respo

Per the Attorney’s Oath: 1. Duties to society in genera
1. To maintain allegiance to the Republic of the Constitution, obey the
the Philippines; land and promote respec
2. To support its Constitution; and legal processes;
3. To obey the laws as well as the legal orders 2. Duties to the legal pro
of the duly constituted authorities therein; uphold the dignity and in
4. To do no falsehood, nor consent to the legal profession;
doing of any in court; 3. Duties to the court – to b
5. To avoid wittingly or unwittingly promoting and promote respect for th
or suing any groundless, false or unlawful judicial officers, and to ass
suit, nor give aid or consent to the same; in rendering speedy a
6. To delay no man for money or malice; justice; and
7. To conduct himself as a lawyer according to 4. Duties to the client – to ob
the bets of his knowledge and discretion fairness and loyalty to th
with all good fidelity well to the courts as to the client’s money and
his clients trust, serve the client with
and diligence, always mi
Per Section 20, Rule 138 of the Rules of Court: trust and confidence rep
1. To maintain the allegiance to the Republic client in him;
of the Philippines;
2. To maintain the respect due to the courts of N.B. It should be sufficient that the an
justice and judicial officers; either the attorney’s oath, the duties o
3. To counsel or maintain such actions or under Section 20, Rule 138 of the Rule
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 17 (2009) Section 17 of Rule 138 of
the Rules of Court
Write the complete text of the attorney’s oath.
Answer:
I___________ of ___________ do solemnly
swear that I will maintain allegiance to the Republic
of the Philippines; I will support its Constitution and
obey 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 court; I
will not wittingly nor 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 fidelity as well to the courts
as to my clients; and I impose upon myself this
voluntary obligations without any mental
reservation or purpose of evasion. So help me God.
Question No. 2-MCQ (2013).
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%)
Answer:
(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.
SUGGESTED ANSWER:
(D) To do no falsehood, nor consent to the doing of
any in court (Lawyer’s Oath).
Question No. 8. (2008). Code of Professional
Responsibility, Rule 138, sec37
State, with a brief explanation, whether the lawyer
concerned may be sanctioned for the conduct
SUGGESTED ANSWER:
No. Rule 138, Section 37 of the Rules o
that “an attorney shall have a lien up
documents and papers of his client
lawfully come into his possession an
the same until his lawful fees and d
have been paid, and may apply such
satisfaction thereof.” Hence, he m
documents pending payment of his att
Question No. 2 (2009). RULE 138 A
Admission to Bar (Sec 37).
A charging lien, as distinguished from
lien, is an active lien which can be
execution.
Answer:
A lawyer to insure the payment of his
fee is either to retain the funds, doc
papers of his client which may have l
into his possession, or to enforce
judgement for the payment of mo
secure in favor of his client. And it h
that the retaining lien is depe
possession and does not attach to an
attorney’s hands. The lien exists only s
attorney’s retains possession ends. (
Victoriano)
Question No. 6. Rule 138-A, Rules of C
What is the student practice rule?
Answer:
Under this rule, a law student who ha
completed his 3rd year of the regu
prescribed law curriculum and is e
recognized law school’s clinical leg
program approved by the Supreme
appear without compensation in any
or administrative case before any
tribunal board or officer, to repres
clients accepted by the legal clinic of th
Question No. 10.(2009). Rule 115 of
Court; Rule 138, Sec 34
May a party appear on his own
criminal or in a civil case? Explain.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
he can property his right without the assistance of
counsel.
On the other hand, with respect to civil cases, Rule
138, Sec 34 states that “in the court of Justice of the
peace a party may conduct his litigation in person,
with the aid of an agent or friend appointed by him
for the purpose, or with the aid an attorney. In any
other, a party may conduct his litigation personally
or by aid of an attorney and his appearance must be
either personal or by a duly authorized member of
the bar.
Question No. 20 (2009). Section 27, Rule 138
Atty. Simeon persuaded Armando, Benigno and
Ciriaco to invest in a business venture that later
went bankrupt Armando, Benigno and Ciriaco
charged Atty. Simeon with estafa. Simultaneously,
they filed an administrative complaint against the
lawyer with the Supreme Court.
a. If Simeon is convicted of Estafa, will he be
disbarred? Explain. (3%)
Answer:
YES, if Atty Simeon is convicted of estafa, he will be
disbarred because estafa is a crime involving moral
turpitude. Under the law, conviction of a crime
involving moral turpitude is a ground for
disbarment.
b. If Simeon is acquitted of the estafa charge, will
the disbarment complaint be dismissed?
Explain.
Answer:
It depends, if the acquittal is based on the ground
that no crime was committed, than the
administrative case may be dismissed. But if the
acquittal is based merely on reasonable doubt, than
the disbarment case may still continue. The purpose
of the disbarment case is to determine whether a
lawyer still deserves to remain a member of the bar.
Question No. 5 (2010). Rule 138
When is professional incompetence a ground for
disbarment under the Rules of Court? Explain. (3%)
SUGGESTED ANSWER:
grounds for suspension or disbarmen
27, Rule 138 of the Rules of Court.
Obiter.
Canon 18- A lawyer shall serve his
competence and diligence. Rules 18.
shall not undertake a legal service wh
or should know that he is not qualifi
However, he may render such service
consent of his client, he can obtain as
counsel a lawyer who is competent on
Question No. 11 (2010) Rule 138, Rule
After passing the Philippine Bar in
Richards practiced law until 199
migrated to Australia where he
became an Australian citizen in 2000
abreast of legal developments, petiti
about the Citizenship Retention and R
Act of 2003 (Republic Act No. 9225),
which he reacquired his Philippine c
2006. He took his oath of allegiance
citizen at the Philippine embassy
Australia. Jaded by the laid back
outback, he returned to the Ph
December 2008. After the holidays, h
his own law office and resumed his pr
Months later, a concerned woma
secured copies of Atty. Richards’ n
papers with consular authentication,
Supreme Court an anonymous comp
him for illegal practice of law.
a. May the Supreme Court act
complaint filed by an anonymous
or why not? (3%)
SUGGESTED ANSWER:
No. An unverified complaint cannot
course since the rule requires that t
must be sworn to by the complainant
v. Baes)
As a rule, anonymous complaints are n
except when the charges can be fu
public records of indubitable integrity,
no corroboration by evidence to be o
complainant whose identity and integ
material and I of public interest. ( In re
 Compiled by BSU-Law, 3rd Year students SY 2015-16
YES. Rule 139-B states that Proceedings for the
disbarment, suspension, or discipline of attorneys
may be taken by the Supreme Court, motu proprio
or by the IBP upon the verified complaint of any
person.
The case at bar shows a complaint by an
anonymous person which the Supreme Court, may
or may not take cognizance of. Should the SC act in
the affirmative, it would normally direct the IBP to
investigate, verify the allegations and thereafter file
the verified complaint, subject to the right of the
attorney to be heard before any removal or
suspension under Rule 138.
b. Is respondent entitled to resume practice of
law? Explain. (5%)
SUGGESTED ANSWER:
Yes. Atty. Richard’s being a former member of the
bar in good standing can resume the practice of law
in the Philippines, provided he observes the
procedure in reassuming the practice of law.
Question No. 9 (2010). Rule 139-B.
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%)
SUGGESTED ANSWER:
No. In pari delicto will not exempt the lawyer. Case
law states that in a disbarment proceeding, it is
immaterial that the complainant is in pari delicto
because it is not a proceeding to grant relief to the
complainant, but one to purge the law profession of
unworthy member, to protect the public and the
courts. (Mortel v. Aspiras)
Obiter. Rule 1.01 states that: A lawyer shall not
engage in unlawful, dishonest, immoral or deceitful
conduct. Immoral conduct is that which is willful,
flagrant, or shameless, and which shows a moral
indifference to the opinion of the good and
respectable members of the community. (Arciga v.
Maniwang)
After Arabella presented evidence an
case before the Investigating Commis
IBP Committee on Bar Discipline,
Affidavit of Desistance and motion to
complaint, she and her husband havi
for the sake of their children.
You are the Investigating Commission
Bearing in mind that the family
institution which the State is du
preserve, what will be your action o
motion to dismiss the complaint? (3%)
SUGGESTED ANSWER:
I will accept the Affidavit of Desistanc
hold the administrative charges again
the case at bar, there is no compelli
continue with the proceedings since
showing that the parties have fully re
the causes of action on which the co
filed no longer exist.
The rule admits of exception on the g
that no investigation shall be int
terminated by reason of the desistance
compromise, restitution, withdrawal o
or failure of the complainant to prosec
unless the Supreme Court motu pro
recommendation of the IBP Board of G
the ground enunciated above.
Case law supports the following: with
complaint and there is no more eviden
substantiate the charge, then it is dism
Tipon) and that lack of interest to pr
justify the dismissal of the case. (W
Fernandez; Luyon v Atencia)
Question No. 17-B. (2010) Rule 140.
Judge X was invited to be a guest sp
the annual convention of a private
which was covered by media. Since
the liberty to speak on any topic, he d
recent decision of the Supreme Co
that the President is not, under the
proscribed from appointing a Chief J
two months before the election.
In his speech, the judge demurred to
Court decision and even stressed that
is a serious violation of the Constitutio
 Compiled by BSU-Law, 3rd Year students SY 2015-16
SUGGESTED ANSWER:
YES. Strictly construed, the loyalty of and
faithfulness of the judge to the law vis a vis the
Supreme Court with an open and public criticism of
the SC decision can constitute simple misconduct
which will render him liable for less serious charges
under Rule 140. His criticism undermines the
authority of the SC and even if bona fide, must still
be ventilated. If ever, in the proper forum and
proper procedure and not thru the obiter dictum.
Obiter: Of more important consideration is the fact
that his decision must be based on the law and not
his personal opinion. It is hard to imagine how the
issue of midnight appointments can he related to
the issues in his decided case, and therefore
inappropriate and irrelevant under the
circumstances.
Guidelines in the efficient rendition of judgment or
judicial opinion include: if the personal views of the
judge contradict the applicable doctrine romulgated
by the SC, nonetheless, the judge should decide the
case in accordance with the doctrine (Albert v CFI)
and not in accordance with his personal views (SC
Circular No. 13, 1987). This is to maintain the
stability of precedents. However, he is not
prohibited from expressing his views if only to invite
constructive attention on the matter.
Question No. 13 (2010). Rule 138, 140.
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%)
SUGGESTED ANSWER:
Judge X could be charged with Serious Charges
punishable under Rule 140 of the Rules of Court,
which specifically include: bribery and dishonesty
and violations of the Anti-Graft and Corrupt
Practices Law(R.A 3019) when he made the issuance
Obiter: If he is guilty of a serious charg
sanctioned with dismissal from service
benefits, disqualification from reinstat
public office, suspension and/or fine.
b. What defense/s can Judge X raise
of any liability? (2%)
SUGGESTED ANSWER:
Judge X can raise the defense of d
process by questioning the time an
notice as well as the lack of oppor
heard, answer the charges against him
witnesses in his behalf and be heard
counsel. He can raise defenses of hear
lack of evidence that meets the
evidence required to render him guil
set forth.
Question No. 6 (2013). Rules of Cou
Sec. 1 payment of fees
Plaintiff Jun Ahorro filed a complaint
of sum of money before the Regional
Manila. Because of the large amount
he had to pay a sizeable docket fee. H
paying the docket fee and oth
installments because staggered
allowed under Rule 141, as amended.
the Clerk of Court (OCC) refused to
complaint unless he paid the full am
docket and other required fees.
Plaintiff Jun Ahorro’s position _______
Answer:
(A) is allowed because of the
of the docket fee
(B) is justified because it is dis
the part of the OCC to acce
payment
(C) is incorrect because the am
staggered payment has been s
(D) is not allowed because the
of docket fee is jurisdictional
(E) cannot be allowed bec
prejudicial impact on the
financial operations
SUGGESTED ANSWER:
(D) is not allowed because the full
docket fee is jurisdictional (Rules of
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Simplicio Medroso’s vehicle. Instead of stopping,
Jactar accelerated and sped away. Medroso
pursued Jactar and caught up with him at an
intersection.
In their confrontation, Jactar dared Medroso to
sue, bragged about his connections with the
courts, and even uttered veiled threats against
Medroso. During the police investigation that
followed, Medroso learned that Jactar was
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%)
SUGGESTED ANSWER:
The potential objection that can be made against
Jactar’s admission to the practice of law is the
absence of good moral character (Rules of Court,
Rule 138, Sec. 2).
Jactar’s bragging 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, 4 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 tight and duty between man and
man (Tak Ng v. Republic, G.R. No. L-13017,
December 23, 1959).
[NOTES: Any answer which explains the nature of
absence of good moral character should be given
full credit.
The following additional objection should not result
to a deduction nor should an absence of the
additional objection also result to a deduction].
B. If light threats would be filed against him, then
another potential objection would be the pendency
of charges against him, involving moral turpitude
(Rules of Court, Rule 138, Sec. 2).
The question states, “Under these facts, list and
justify the potential objections that can be made
against Jactar’s admission to the practice of law.”
The question requires that an assumption be made
that Jactar has passed the Bar Examination and is
about to take his oath as an attorney. It is suggested
Question No. 6 (2014) Rule 138 of
Court
Atty. D was required by Jud
Regional Trial Court (RTC) of Manila to
why he should not be punished of
court for shouting invectives at t
counsel and harassing his witness. A
there was sufficient cause or ground,
suspend Atty. D from the practice of la
finds that the actuations of Atty. D
unethical and unbecoming of a memb
may judge H disbar Atty. D instead?
answer. (5%)
SUGGESTED ANSWER:
Under Section 28, Rule 138 of
Court, a Regional Trial Court may susp
from the practice of law for any o
provided in Section 27, until further
Supreme Court, but it may not disbar
of the Supreme Court can disbar a law
to its constitutional power to admit p
practice of law.
Question No. 20 (2014) Rules Of Court
B hired Atty. Z to file a replevin case ag
agreed acceptance fee of P30,000.0
evidenced by a written contract
complaint was filed by Atty. Z, B te
services and hired a new lawyer f
amount of attorney’s fees. How mu
fees is Atty. Z entitled to?
SUGGESTED ANSWER:
Atty. Z is entitled to the entire am
attorney’s fees agreed upon because
were terminated by the client witho
(Sec. 26, Rule 138, Rules of Court)
MISCELLANEOUS
Question No. 4. (2007).
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1. When there is no agreement as to
attorney’s fees.
2. When the agreement as to attorney’s fees
is invalid for some reason other than the
illegality of the object of the performance.
3. When the attorney and the client disregard
the contract for attorney’s fees.
4. When the amount of the attorney’s fees is
found to be unconscionable (Section 24,
Rule 138 of the Rules of Court).
5. Where the stipulated fees are in excess of
what is expressly fixed by law.
Question No. 3 (2009) Practice of Law -Legal
Concepts (Bienvenu v. Factor’s of Traders
Insurance Cp., 33 La.Ann.209)
An attorney ad hoc is a lawyer appointed by the
court to represent an absentee defendant in suit in
which the appointment is made. (True or False)
Answer:
TRUE
Question No. 4 (2009) Rule 138.
What is the object of the bar examinations?
Explain
Answer:
Jurisprudence has provided that “the practice is not
a right but privilege bestowed by the State upon
those who show that they possess, and continue to
possess, the qualifications required by law for the
conferment of such privilege.” Therefore, in order
to stay true with the aforementioned principles, the
object of the bar exam is to serve as a mechanism
to determine who are qualified to practice law.
Question No. 5. RULE 138 Attorneys and
Admission to Bar (Sec 33).
May a party appear as his own counsel in a
criminal or in a civil case? Explain
Answer:
Yes. In criminal cases, Sec. 1 of Rule 115 of the Rules
of Court provide that upon motion, the accused
may be allowed to defend to defend himself in
person when it sufficiently appears to the court that
he can properly protect his right without the
by him for the purpose, or personally
attorney. In any other court, a party
his litigation personally or by aid of an
his appearance must be either persona
authorized member of the bar”.
Question No. 12. SC Administrative
No. 25 of June 9, 1989)
After being diagnosed with stress derm
Rosalind, without seeking permissio
Supreme Court, refused to wear her
court proceedings. When her attentio
she explained that whenever she we
she is reminded of her heavy ca
making her tense. This, in turn,
outbreak of her skin rashes. Is Jud
justified in not wearing her judicial rob
Answer:
NO. Judge Rosalind is not justified in
her judicial robes, absent a clear exem
to her by the Supreme Court from
compliance with SC Administrative Cir
25 of June 9, 1989) requires the wea
robes by judges during sessions in th
courts.
Her medical condition per se is not a d
untenable since she is not in a positio
authority to disregard a clear directive.
Question No. 3. (2009). Rule 138, Sec
Canon 7, CPR
Cliff and Greta were law school swee
became a lawyer, but Greta dropped o
Cliff asked Greta to sign a marriage
following day, Cliff showed Greta th
already signed by an alleged solem
and two witnesses. Cliff then told Gr
were already married and Greta con
on a honeymoon. Thereafter, the coup
and begot a child. Two years later, C
and married a Venezuelan beauty. Inc
filed a disbarment complaint against
case prosper? Explain.
Answer:
YES. The disbarment case will prospe
for lack of continuing requirements as
case analogous to the instant case, a
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 16 (2009). 2002 Internal Rules of the
Court of Appeals
Court of Appeals (CA) Justice was administratively
charged with gross negligence of the law for
having issued an order “Temporarily enjoining” the
implementation of a writ of execution, and for
having issued another order for the parties to
“maintain the status qou” in the same case. Both
orders are obviously without any legal basis and
violate CA rules. In his defense, Justice Juris claims
that the challenged orders were collegial acts of
the CA Division to which he belonged. Thus, he
posits that the charge should not be filed against
him alone, but should include the two other CA
justices in the Division. Is the contention of Justice
Juris tenable? Explain.
Answer:
NO. The contention of Justice Juris is untenable.
Case law has it had it that while actions of a case
pending in the CA are actions of that court as a
collegial body, the 2002 Internal Rules of the Court
of Appeals provides that it is the ponente who
initiates the actions on said motions, papers and
pleadings. Hence, there can be no action on a
motion, paper or any other incident except upon
prior instruction of the ponente. He has the primary
responsibility of ensuring that the pending incidents
in a case assigned to him are properly and promptly
acted on. (Orocio v. Roxas, A.M. nos. 07-115-CA-J
and CA-08-46-J, 19 August 2008).
Question No. 4 (2011), Citizenship
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?
Answer:
(A) No, since the mention of his citizenship
(D) Yes, since his parents are F
on what he said in his bar exam
Question No. 10 (2011), Katarungan P
Elaine filed a complaint against Fely
barangay concerning a contract that
into. During conciliation, Fely came
who claimed the right to represen
sister. The barangay captain let Sar
sister. Eventually, the barangay issued
to file action after the parties failed t
differences. When Sarah formally
lawyer for her sister, Elaine filed an a
complaint against her for taking
barangay conciliation and preventing
from taking meaningful advantage of
Sarah liable?
Answer:
(A) No, because she has to r
sister who was a minor.
(B) No, because the Court
dismiss the case without pr
genuine conciliation.
(C) Yes, because what Sar
deceitful and amounts to fraud
(D) Yes, because as a law
absolutely forbidden to appea
conciliations.
2011, Question (12), RA 910, Sec1
Justice Frank, a retired Court of Ap
appeared before the Supreme Court
Landbank, a government bank, in a c
the compensable value of the propert
a landowner under the agrarian refo
landowner questioned Justice Frank's
in the case, pointing out that the sam
and smacks of opportunism since
capitalizes on his judicial experienc
Frank's appearance in the case valid?
Answer:
(A) Yes, because the law
appearance as long as the go
not the adverse party.
(B) No, because he canno
retirement pay and at the sam
for a government institution.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 41 (2011), General Principle (practice
of law)
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?
Answer:
(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.
(D) No, because receipt of compensation is
not the sole determinant of legal practice.
Question No. 43 (2011), General Principle
To whom may the Supreme Court refer complaints
against lawyers for investigation?
Answer:
(A) Integrated Bar of the Philippines.
(B) Office of the Bar Confidant.
(C) Judicial and Bar Council.
(D) Office of the Court Administrator.
Question No. 44 (2011), General Principle
(prescription)
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
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?
Answer:
(A) No, because such complaints do not
prescribe.
Question No. 47 (2011), General Princ
Atty. Alfredo Prado appeared in a
officer of the Land Registration Aut
His opponent, Atty. Armando, kne
Alfredo Prado from his province wh
dead for years. When Atty. Armando
the Supreme Court, only one Alfredo
the roll of attorneys. What actio
Armado take against Vicente who
dead lawyer’s identity?
Answer:
(A) File direct contempt ac
Vicente for deceiving the court
(B) Criminally prosecute Vicen
for making money upon false p
(C) Criminally prosecute Vicent
Alfredo's identity and law prac
(D) Institute a disbarment
Vicente for misrepresenting
lawyer.
Question No. 35 (2011), General Princ
What is the method of national inq
conduct of Supreme Court magistrates
Answer:
(A) Administrative investigation
(B) Disqualification.
(C) Impeachment.
(D) Disbarment.
Question No. 21 (2011), Non-lawyer
Court
Eric, a labor federation president,
Luisa, a dismissed WXT employee,
NLRC. Atty. John represented
cocomplainants. In due course,
reinstated the three complainants wit
and awarded 25% of the backwages
fees, 15% for Atty. John and 10% for
lawyer. When WXT appealed to t
Appeals, Atty. John questioned Eric
appearance before that court on Luisa
not being a lawyer. Is Eric's appearan
Court of Appeals valid?
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(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, since that appeal is a mere
continuation of the labor dispute that
began at the NLRC.
Question No. 18-MCQ (2013). Permissible acts
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%)
Answer:
(A) Provide Yolly with money for fare to
ensure her attendance in court.
(B) Interview Yolly before trial, so that she
will be more at ease when she testifies
before the court.
(C) Prepare a judicial affidavit of Yolly’s
testimony, which she will then verify before
the court.
(D) Provide her with sample questions that
you might ask in the hearing tomorrow.
(E) All the above are permissible.
SUGGESTED ANSWER:
All the above are permissible. All are permissible;
therefore, (E) should be equivalent to none of the
above.
Question No. 7-MCQ (2013).
program are shown outside his regu
schedule. Because of the popularit
program, the number of his law pr
increased tremendously.
The TV program of Atty. An
__________. (1%)
Answer:
(A) permissible because it is p
in nature
(B) objectionable because the
indirect advertising or so
business
(C) improper because it gives
advantage over other lawyers
(D) ethically allowable becaus
violate the traditional standard
profession
(E) None of the above.
SUGGESTED ANSWER:
(E) None of the above.
Question No. 9-MCQ (2013).
Graft Investigator Atty. Retirada serv
of the Deputy Ombudsman for eight
retiring from the service. While
Investigator, she investigated a
contract for office supplies where M
the supplier. The transaction was
overpriced. Atty. Retirada recommen
charges be filed against the officials
the recommendation benefited Mr.
supplier involved in the transaction.
After her retirement from the s
Retirada’s services as counsel were
Mr. Sakim as counsel to represen
family in a claim against the State a
family property that had been exprop
Retirada now consults you about
permissibility of accepting the engage
What advice would you give Atty. Reti
Answer:
(A) Having been in governmen
cannot now represent a party
against the State.
(B) Having once handled a c
her prospective client, a confl
would exist if she were to
 Compiled by BSU-Law, 3rd Year students SY 2015-16
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.
SUGGESTED ANSWER:
(D) There is no ethical objection to her acceptance
of the engagement because the case is neither
criminal nor administrative in character.
There is no conflict of interest since the case
involved is an expropriation case (R.A. 910, Sec. 1).
Question No. 10-MCQ (2013).
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%)
Answer:
(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.
SUGGESTED ANSWER:
(D) Ask the defendant’s counsel to first submit his
negotiating figure. It is the defendant that must
submit first the negotiating figure.
Question No. 3-MCQ (2013). Striking out of
names in the Roll of Attorneys
Atty. Avaro has consistently failed to pay his
annual IBP dues for several years. Demand letters
Was the IBP’s action correct? (1%)
Answer:
(A) No, because default in the
annual dues only warrants s
Integrated Bar members.
(B) Yes, because non-payme
dues is an indicator of the la
fitness; refusal to pay is refusa
obligation to the IBP.
(C) No, because failure to p
member’s capability to practis
membership in the Bar.
(D) Yes, because payment of
dues and other lawful asse
conditions sine qua non to th
practising law and to the ret
name in the Roll of Attorneys.
(E) None of the above choices i
SUGGESTED ANSWER:
(E) None of the above choices is correc
The striking out of names in the Roll
can be ordered only by the Supreme
due process must be observed.
The Constitution vests upon the Su
the power to integrate the Philippin
and Judicial Ethics (2009 Ed.), Agp
Constitution, Art. X, Sec. 5).
Question No. 4 (MCQ). Irregularity in
of the notarial fees
Ms. Seller and Mr. Buyer pres
commissioned notary public a deed
notarization. The notary public expla
the transaction the deed embodie
them if they were freely entering the
After the document was signed by al
the notary public collected the notari
not issue any BIR-registered receipt.
The notarization of the deed is ______
Answer:
(A) neither unlawful nor impr
he explained the basis for the
of the notarial fee
(B) unlawful because he did no
registered receipt and did no
office the complete schedule
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(E) proper because any irregularity in the
payment of the notarial fees does not affect
the validity of the notarization made.
SUGGESTED ANSWER:
(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)
Question No. 9 (2013). Ethical/administrative
violation
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%)
SUGGESTED ANSWER:
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
influence or give the appearance of influencing the
court (Code of Professional Responsibility, Canon
13). A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges (Ibid. Canon 13,
Rule 13.01). Marked attention and unusual
hospitality on the part of a lawyer to a judge,
uncalled for by the 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, 2nd par., 1st
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
Both Judge Patron and Judge Apestado
liable for having the dinner meetin
Hermano. Judges shall ensure that no
conduct above reproach, but that it is
be so in the view of a reasonable ob
Code of Conduct for the Philippine Jud
2, Sec. 1). Judges shall avoid improp
appearance of impropriety in all of t
(Ibid., Canon 4, Sec. 1). Their having
Atty. Hermano, a practicing lawye
construed as appearance of impropriet
Judge Patron for having allowed himse
a “bridge” by Atty. Hermano, his frate
to meet with Judge Apestado exhi
misconduct in the following manner:
refrain from influencing in any manner
of litigation or dispute pending be
court (Ibid., Canon 1, Sec. 3). Fur
allowing Atty. Hermano to take adva
fraternity bond, Judge Patron allowed t
prestige of judicial office to advance
interests of others, conveyed or p
fraternity “brod” to convey the impre
is in a special position to influence the
Canon 1, Sec 2, 2nd sentence).
The specific violations of Judge Ap
committed when he allowed him
convinced by Judge Patron to have
meeting with Atty. Hermano to disc
case may be expedited. In perfor
duties, judges shall be independent
colleagues in respect of decisions whic
obliged to make independently (Ibid.,
3). Finally, in having a dinner meetin
Hermano who has a pending case w
Judge Apestado has exhibited an ap
impropriety in his activities (Ibid., Cano
Question No. 5 (2013).RA 9225
Atty. Repatriar, a law school
approached you on your 25th Class R
questions on how he can resume th
law in the Philippines. He left the cou
after two (2) years of initial law p
migrated to the United States wh
admitted to the practice of law in the
York. He asks that you give him a
opinion on his query.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Repatriar must prepare a sword petition to
acquire 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 disqualified 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. It can not be overstressed
that: The 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 the rigid standards of mental fitness,
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 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 confidence 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 in the
Philippines, Elfanio B. Muneses, B.M. No. 2112, July
24, 2012).
He should file the petition with the Supreme Court,
through the Bar Confidant to accompanied by the
original or certified 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, B.M. No. 21122, supra).
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 reacquire.
On the other hand, if Atty. Repatriar has lost his
Philippine citizenship, he must submit the following:
d) Identification Certificate (IC) i
Bureau of Immigration.
The loss of Filipino citizenship means t
Atty. Repatriar’s membership in the b
the privilege to engage in the pra
“Under R.A. No. 9225, natural-born
have lost their Philippine citizenship
their naturalization as citizen of a fo
are deemed to have re-acquired th
citizenship upon taking the oath of alle
Republic. Thus, a Filipino lawyer wh
citizen of another country and later re
Philippine citizenship under R.A. No. 9
to be a member of the Philippine Ba
2112, In re: Petition to re-acquire th
practice law in the Philippines, supra).
2) Certification from the IB
updated payments of annual
dues;
3) Proof of payment of professio
4) Certificate of compliance iss
MCLE Office. (Ibid.)
5) A certificate of good mor
attested to by at least three (3
the bar; and
6) A certification from the State
York that Atty. Repatriar does
previous or pending disciplina
against him before that body.
Question No. 1 ( 2006) Law Profession, O
Court
1. Why is law a profession and not a tra
Answer:
Law is profession and not a trade becau
following characteristics of the law pro
normally found in trade:
a. The law profession is characterized b
service, of which the emolument is a b
and in which one may attain the highes
without making such money;
b. It involves a relation as an ‘officer of
administration of justice involving thor
sincerity, integrity and reliability;
c. It involves a relation to clients in the
 Compiled by BSU-Law, 3rd Year students SY 2015-16
their clients.
2. Why is an attorney considered an officer of the
court? 2.5%
Answer:
An attorney is considered an officer of the court
because he directly participates in the
administration of justice. Through him, the
judicial machinery is set on motion by his filing of
cases in court on which the judge is called upon to
act. If there are no lawyers, courts cannot operate
or dispense justice. His intimate and
indispensable relationship to the court makes him
a part of the court.
Question No. 2 (2006) 2. Practicing Lawyer, Trial Lawyer,
Law Student
1. Is there a distinction between “practicing lawyer”
and “trial lawyer”? 2.5
Answer:
Yes. Trial lawyer personally handles cases in court
which means engaging in actual work either for the
prosecution or defense of cases of clients. On the
other hand, practicing lawyer refers to one engaged
in the practice of law. The term “practicing lawyer”
is broader and includes a trial lawyer. In other
words, all trial lawyers are practicing lawyers, but
not all practicing lawyers are trial lawyers.
2. Enumerate the instances when a law student may
appear in court as counsel for a litigant. 2.5%
Answer:
The instances when a law student may appear in
court as counsel are as follows:
a. If he is a party to the litigation;
b. In cases before the Municipal Trial Court, he may
be appointed by his friend who has a case therein;
c. In a criminal case before the Municipal Trial Court
in a locality where a duly licensed member of the
Bar is not available, the judge may appoint him if he
is:
d. If he is a senior law student who is e
recognized law school’s clinical educati
approved by the Supreme Court. He sh
the direct supervision and control of an
duly accredited by the law school;
e. He may appear before the National L
Relations Commission or any Labor Arb
represents his organization or member
f. He can represent a claimant before t
Court.
Question no. 3 (2006) Suspended Lawyer
1. The Supreme Court suspended indef
Fernandez from the practice of law for
immorality. He asked the Municipal Cir
Court Judge of his town if he can be ap
counsel de oficio for Tony, a childhood
accused of theft. The judge refused bec
Fernandez’s name appears in the Supre
List of Suspended Lawyers. Atty. Ferna
inquired if he can appear as a friend fo
defend him.
If you were the judge, will you authoriz
appear in your court as a friend for Ton
Answer:
I will authorize Atty. Fernandez to appe
court as a friend of Tony. The Rules of C
that in cases before the Municipal Trial
person who has a case therein may app
(whether a lawyer or not) to conduct th
The suspension of Atty. Fernandez, the
a hindrance to represent his friend bec
non-lawyers may appear before the MT
2. Supposing Tony is a defendant in a c
collection of sum of money before the
can Atty. Fernandez appear for him to
litigation? 5%
Answer:
Yes. The abovementioned rule makes
between a criminal case and a civil case
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1. Is his argument correct? 3%
answer:
His argument is not correct. Although he is already
80 years old, he has not yet retired. And because he
has not yet retired, he is still required to pay his
membership dues.
For the same reasons, Atty. Oldie also insists that he
should be exempt from the Mandatory Continuing
Legal Education (MCLE) requirements.
2. Should he be exempt? 3%
Answser:
He should not also be exempt for the same reason
stated above, that is, he has not yet retired. If a
lawyer is still actively engaged in the practice of law,
he is required to comply with the MCLE. Being a
senior citizen is not one of the exemptions.
Question No. 5 (2006) Exorbitant Appearance Fees
Myrna, petitioner in a case for custody of children
against her husband, sought advice from Atty.
Mendoza whom she met at a party. She informed
Atty. Mendoza that her lawyer, Atty. Khan, has
been charging her exorbitant appearance fees when
all he does is move for postponements which have
unduly delayed the proceedings; and that recently,
she learned that Atty. Khan approached her
husband asking for a huge amount in exchange for
the withdrawal of her Motion for Issuance of Hold
Departure Order so that he and his children can
leave for abroad.
1. Is it ethical for Atty. Mendoza to advise Myrna to
terminate the services of Atty. Khan and hire him
instead for a reasonable attorney’s fees? 5%
2. What should Atty. Mendoza do about the
information relayed to him by Myrna that Atty.
Khan approached her husband with an indecent
proposal? 5%
Suggested Answer:
V.
This is tantamount to improper
of legal business as he is encro
the professional employment o
lawyer. The Code of Profession
Responsibility is explicit that a
not, directly or indirectly, encro
the professional employment o
lawyer.
2.
I would advice Myrna to report
to the Supreme Court or to the
act of Mr. Khan is deceitful and
disciplinary sanction from the S
Court.
Question No. 6 (2006). Ignorant of the Applica
In his petition for certiorari filed with th
Court, Atty. Dizon alleged that Atty. Pa
researcher in the Court of Appeals, dra
assailed Decision; that he is ignorant of
applicable laws; and that he should be
Can Atty. Dizon, in castigating Atty. Pad
liable for unethical conduct against the
Appeals? 5%
Suggested Answer:
VI.
Yes. The Code of Professional Respons
provides that a lawyer shall not, in his
dealings, use language which is abusiv
or otherwise improper. Atty. Dizon’s a
are personal in nature and have no pla
petition for certiorari.
Question No. 7 (2006). Does Not Believe in t
the Client
Provincial Prosecutor Bonifacio refused
the Municipality of San Vicente in a cas
collection of taxes. He explained that h
handle the case with sincerity and indu
he does not believe in the position take
municipality.
Can Prosecutor Bonifacio be sanctioned
administratively? 5%
 Compiled by BSU-Law, 3rd Year students SY 2015-16
VII.
Yes. A government lawyer, who under the law, is
required to represent the government should not
refuse to appear for them. A prosecutor cannot
refuse the performance of his functions on grounds
not provided for by law without violating his oath of
office. He cannot allow his personal beliefs to
interfere with his duties.
Question No. 8 (2006). Prosecutor Failed to Reappear in
Family Court
Prosecutor Coronel entered his appearance on
behalf of the State before a Family Court in a case
for declaration of nullity of marriage, but he failed
to appear in all the subsequent proceedings.
When required by the Department of Justice to
explain, he argued that the parties in the case were
ably represented by their respective counsels and
that his time would be better employed in more
substantial prosecutorial functions, such as
investigations, inquests and appearances in court
hearings.
Is Atty. Coronel’s explanation tenable? 5%
Suggested Answer:
VIII.
No. The State has an interest in cases for
declaration of nullity of marriages. The prosecutor
representing the State in these cases has a duty to
protect this interest. This duty is as important as his
other duties. Besides, if Prosecutor Coronel cannot
attend the proceedings, he should have informed
this to his superiors so that appropriate action will
be made.
Question No. 9 (2006). Acquiescence
Atty. Marie consulted Atty. Hernandez whether she
can successfully prosecute her case for declaration
of nullity of marriage she intends to file against her
husband. Atty. Hernandez advised her in writing
that the case will not prosper for the reasons stated
therein. Atty. Marie, however, decided to file the
case and engaged the services of another lawyer,
Atty. Pe. Her husband, Noel, having learned about
the opinion of Atty. Hernandez, hired him as his
lawyer.
Suggested Answer:
IX.
No. A lawyer shall not represent confl
interests. The consultation made by A
Atty. Hernaez created an attorney-clie
relationship between them. This precl
Hernaez from accepting the opposite
retainer regardless of what was receiv
from his first client.
Question No. 10 (2006). Attorney-Client Pri
In the course of a drinking spree with
Holgado who has always been his cou
business deals, Simon bragged about
sexual adventures with socialites know
expensive tastes. When Atty. Holgado
how he manages to finance his escapa
latter answered that he has been usin
deposits of rich clients of Banco Filipin
works as manager.
Is Simon’s revelation to Atty. Holgado
the attorney-client privilege? 5%
Suggested Answer:
X.
Simon’s revelation to Atty. Holgado is
by the attorney-client privilege becau
made in the course of professional em
Question No. 11 (2006) Contingent Fee
The contract of attorney’s fees entered
Quintos and his client, Susan, stipulate
judgment is rendered in her favor, he g
the property recovered as contingent f
he will assume payment of all expenses
litigation.
1. Is the agreement valid? 2.5%
2. May Atty. Quintos and Susan increas
amount of the contingent fee to 80%?
Suggested Answer:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
contract is one where the lawyer stipulates with his
client that in the prosecution of the case, he will
bear all the expenses for the recovery of things or
property being claimed by the client and the latter
agrees to pay the former a portion of the
thing/property recovered as compensation. This
kind of contract is prohibited being contrary to
public policy.
2.
The amount of the contingent fee cannot be
increased to 80% because such amount is not
reasonable. A lawyer shall charge only fair and
reasonable fees.
Question No. 1 (2014)
Judge A is a close friend of Governor G. On several
occasions Judge A would borrow the vehicles from
the Office of the Governor to travel to his judicial
station. Judge’s A actuation: (1%)
(A) Violates the canon on propriety
(B) Creates an appearance of an improper
connection with the executive branch
(C) Is downright unethical
ANSWER :
(A) Violates the canon on Propriety
Question No. 12 (2014) Attorney’s Fees
A inherited a parcel of land situated in Batasan Hills
which is occupied by informal settlers. He wants to
eject the occupants, but he has no financial means
to pursue the ejectment case. He contracted the
services of Atty. B, who agreed to defray all the
expenses of the suit on the condition that he will be
paid one-half (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?
What are the respective remedies relative to the
collection of attorney’s fees, if any, of A and Atty. B
against each other?
SUGGESTED ANSWER:
policy and the ethics of the legal pro
remedy of A is to file an action
agreement null and void, or simply to
attorney’s fees to Atty. B on the bas
agreement. On the other hand, Atty.
entitled to collect attorney’s fees on
meruit basis. He may bring an actio
such fees.
Question No. 13 (2014) Attorney’s Fee
M engaged the services of Atty. D to
annulment of marriage case in the R
Court (RTC). After a long-drawn trial,
able to secure a favorable judgment fr
Unfortunately, M failed to pay in full t
attorney’s fees of Atty. D. How can A
his fees from M? Discuss fully.
SUGGESTED ANSWER:
HE can collect his fees eithe
motion in the annulment of marriage
handled, and to order M to pay the
can file a separate action for the re
attorney’s fees. Of the two, the first
because the judge in the annulment c
a better position to evaluate the amou
of his services. In the meantime, he
the retaining lien, which is to retain
and properties of M in his possessio
paid for his services, or a charging lien
charge any money judgment in the
payment of his fees.
Question No. 25 (2014)
Judge A has an illicit relationship with
Clerk of Court.C, the wife of Judge A, d
illicit affair and consulted a lawyer to
violated marital rights. If you were
what wouldyou advice C, and if she ag
you to proceed to take action, wha
procedure that you should follow?
(4%)
 Compiled by BSU-Law, 3rd Year students SY 2015-16
confidential in nature and will not unnecessarily
drag the name and reputation of the court into the
picture.
Question No. 26 (2014)
(6%)
(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
his 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?
SUGGESTED ANSWER:
(A) A compromise agreement effected by a client or by
his attorney with special authority from him has
upon the parties the effect of res judicata. The
client cannot refuse to honor the amicable
settlement forged by lawyer unless if the lawyer
has gone beyond the limits of the authority
granted him by his client.
The lawyer can withdraw from the case on the
ground that the client is pursuing an act or
immoral illegal course of action by not honoring a
compromise agreement validly entered into. He
may recover his contracted attorney’s fees in full
because, after all, he has performed all the
services required of him. It is his client’s fault for
refusing to honor the amicable settlement forged.
Question No. 28 (2014)
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 practiced in New
York City. One of his American clients filed a case
for disbarment against him for pocketing the money
which was entrusted to him as payment for the
filing fee and other incidental expenses of 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 proceedings here in the
Philippines? (4%)
country. But he is still entitled to du
law, and the foreign court’s judgmen
only constitutes prima facie evidence
conduct as a lawyer. He is entitled to
opportunity to defend himself in an
to be conducted in accordance with
the Revised Rules of Court (In Re: Sus
the Practice of Law in the Territory
Atty.LeonMaquera, B.M. 793, July 3
SCRA 417, Velez vs. De Vera, A.C. No.
2006)
Question No. 1 (2006) Law Profession, Of
Court
1. Why is law a profession and not a tra
2. Why is an attorney considered an of
court? 2.5%
Suggested Answer:
1.
Law is profession and not a trade beca
following characteristics of the law pr
normally found in trade:
a. The law profession is characterized
service, of which the emolument is a b
and in which one may attain the highe
without making such money;
b. It involves a relation as an ‘officer o
the administration of justice involving
sincerity, integrity and reliability;
c. It involves a relation to clients in the
degree of fiduciary;
d. It involves a relation to colleagues a
characterized by candor, fairness and
unwillingness to resort to current bus
methods of advertising and encroachm
practice or dealing with their clients.
2.
An attorney is considered an officer o
because he directly participates in the
administration of justice. Through him
machinery is set on motion by his filin
court on which the judge is called upo
there are no lawyers, courts cannot op
dispense justice. His intimate and indi
relationship to the court makes him a
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1. Is there a distinction between “practicing
lawyer” and “trial lawyer”? 2.5%
2. Enumerate the instances when a law student
may appear in court as counsel for a litigant. 2.5%
Suggested Answer:
II.
1.
Yes. Trial lawyer personally handles cases in court
which means engaging in actual work either for the
prosecution or defense of cases of clients. On the
other hand, practicing lawyer refers to one
engaged in the practice of law. The term
“practicing lawyer” is broader and includes a trial
lawyer. In other words, all trial lawyers are
practicing lawyers, but not all practicing lawyers
are trial lawyers.
2.
The instances when a law student may appear in
court as counsel are as follows:
a. If he is a party to the litigation;
b. In cases before the Municipal Trial Court, he
may be appointed by his friend who has a case
therein;
c. In a criminal case before the Municipal Trial
Court in a locality where a duly licensed member of
the Bar is not available, the judge may appoint him
if he is:
1. Resident of the province;
2. Of good repute for probity and ability to aid the
accused in his defense;
d. If he is a senior law student who is enrolled in a
recognized law school’s clinical education program
approved by the Supreme Court. He shall be under
the direct supervision and control of an IBP
member duly accredited by the law school;
e. He may appear before the National Labor
Relations Commission or any Labor Arbiter, if he
represents his organization or members thereof;
1. The Supreme Court suspended inde
Fernandez from the practice of law fo
immorality. He asked the Municipal Ci
Court Judge of his town if he can be ap
counsel de oficio for Tony, a childhood
is accused of theft. The judge refused
Atty. Fernandez’s name appears in the
Court’s List of Suspended Lawyers. Att
then inquired if he can appear as a frie
to defend him.
If you were the judge, will you author
appear in your court as a friend for To
2. Supposing Tony is a defendant in a
collection of sum of money before the
can Atty. Fernandez appear for him to
litigation? 5%
Suggested Answer
III.
1.
I will authorize Atty. Fernandez to app
court as a friend of Tony. The Rules of
provide that in cases before the Muni
Court, a person who has a case therei
appoint a friend (whether a lawyer or
conduct the litigation. The suspension
Fernandez, therefore, is not a hindran
represent his friend because even non
may appear before the MTC.
2.
Yes. The abovementioned rule makes
distinction between a criminal case an
Question No. 4 (2006) Senior Citizen Law
Atty. Oldie, 80 years old, refuses to pa
dues. He argues he is a senior citizen a
retired from the practice of law. There
should be exempt from paying IBP due
1. Is his argument correct? 3%
For the same reasons, Atty. Oldie also
he should be exempt from the Manda
Continuing Legal Education (MCLE) re
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1.
His argument is not correct. Although he is already
80 years old, he has not yet retired. And because
he has not yet retired, he is still required to pay his
membership dues.
2.
He should not also be exempt for the same reason
stated above, that is, he has not yet retired. If a
lawyer is still actively engaged in the practice of
law, he is required to comply with the MCLE. Being
a senior citizen is not one of the exemptions.
Question No. 5 (2006) Exorbitant Appearance Fees
Myrna, petitioner in a case for custody of children
against her husband, sought advice from Atty.
Mendoza whom she met at a party. She informed
Atty. Mendoza that her lawyer, Atty. Khan, has
been charging her exorbitant appearance fees
when all he does is move for postponements
which have unduly delayed the proceedings; and
that recently, she learned that Atty. Khan
approached her husband asking for a huge amount
in exchange for the withdrawal of her Motion for
Issuance of Hold Departure Order so that he and
his children can leave for abroad.
1. Is it ethical for Atty. Mendoza to advise Myrna to
terminate the services of Atty. Khan and hire him
instead for a reasonable attorney’s fees? 5%
2. What should Atty. Mendoza do about the
information relayed to him by Myrna that Atty.
Khan approached her husband with an indecent
proposal? 5%
Suggested Answer:
V.
1.
It is not ethical for Atty. Mendoza to advise Myrna
to terminate the services of Atty. Khan and hire
him instead for a reasonable attorney’s fees.
This is tantamount to improper solicitation of legal
business as he is encroaching upon the
professional employment of another lawyer. The
I would advice Myrna to report Atty. K
Supreme Court or to the IBP. Such act
is deceitful and deserves a disciplinary
from the Supreme Court.
Question No. 6 (2006) Ignorant of the Appl
In his petition for certiorari filed with
Court, Atty. Dizon alleged that Atty. Pa
researcher in the Court of Appeals, dr
assailed Decision; that he is ignorant o
applicable laws; and that he should be
Can Atty. Dizon, in castigating Atty. Pa
liable for unethical conduct against th
Appeals? 5%
Suggested Answer:
=
VI.
Yes. The Code of Professional Respons
provides that a lawyer shall not, in his
dealings, use language which is abusiv
or otherwise improper. Atty. Dizon’s a
are personal in nature and have no pla
petition for certiorari.
Question No. 7 (2006) Does Not Believe in th
the Client
Provincial Prosecutor Bonifacio refused
the Municipality of San Vicente in a cas
collection of taxes. He explained that h
handle the case with sincerity and indu
he does not believe in the position take
municipality.
Can Prosecutor Bonifacio be sanctioned
administratively? 5%
Suggested Answer:
VII.
Yes. A government lawyer, who under
required to represent the governmen
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 8 (2006) Prosecutor Failed to Reappear in
Family Court
Prosecutor Coronel entered his appearance on
behalf of the State before a Family Court in a case
for declaration of nullity of marriage, but he failed
to appear in all the subsequent proceedings.
When required by the Department of Justice to
explain, he argued that the parties in the case were
ably represented by their respective counsels and
that his time would be better employed in more
substantial prosecutorial functions, such as
investigations, inquests and appearances in court
hearings.
Is Atty. Coronel’s explanation tenable? 5%
Suggested Answer:
VIII.
No. The State has an interest in cases for
declaration of nullity of marriages. The prosecutor
representing the State in these cases has a duty to
protect this interest. This duty is as important as
his other duties. Besides, if Prosecutor Coronel
cannot attend the proceedings, he should have
informed this to his superiors so that appropriate
action will be made.
Question No. 9 (2006) Acquiescence
Atty. Marie consulted Atty. Hernandez whether she
can successfully prosecute her case for declaration
of nullity of marriage she intends to file against her
husband. Atty. Hernandez advised her in writing
that the case will not prosper for the reasons stated
therein. Atty. Marie, however, decided to file the
case and engaged the services of another lawyer,
Atty. Pe. Her husband, Noel, having learned about
the opinion of Atty. Hernandez, hired him as his
lawyer.
Is Atty. Hernandez’s acquiescence to be Noel’s
counsel ethical? 3%
Suggested Answer:
IX.
retainer regardless of what was receive
from his first client.
Question No. 10 (2006) Attorney-Client Privil
In the course of a drinking spree with A
who has always been his counsel in bus
Simon bragged about his recent sexual
with socialites known for their expensiv
When Atty. Holgado asked Simon how
to finance his escapades, the latter ans
he has been using the bank deposits of
of Banco Filipino where he works as ma
Is Simon’s revelation to Atty. Holgado c
the attorney-client privilege? 5%
Suggested Answer:
X.
Simon’s revelation to Atty. Holgado is n
by the attorney-client privilege because
made in the course of professional emp
Question No. 11 (2006) Contingent Fee
The contract of attorney’s fees entered
Quintos and his client, Susan, stipulate
judgment is rendered in her favor, he g
the property recovered as contingent f
he will assume payment of all expenses
litigation.
1. Is the agreement valid? 2.5%
2. May Atty. Quintos and Susan increas
amount of the contingent fee to 80%?
Suggested Answer:
XI.
1.
The agreement, which is in the nature
champertous contract, is not valid. A c
contract is one where the lawyer stipu
his client that in the prosecution of th
will bear all the expenses for the reco
 Compiled by BSU-Law, 3rd Year students SY 2015-16

2. in court;

The amount of the contingent fee cannot be d. Not willingly nor wittingly promote o
increased to 80% because such amount is not groundless, false or unlawful suit, or gi
reasonable. A lawyer shall charge only fair and consent to the same;
reasonable fees.
e. Delay no man for money or malice;
Question No. 12 (2006) Assumpsit, Client Refuse to Pay His
Lawyer in Full f. Conduct himself as a lawyer accordin
1. What is “assumpsit” and when is it proper? 2% of his knowledge and discretion, with a
fidelity as well to the court as to his clie
2. Give 4 instances when a client may validly refuse
to pay his lawyer the full amount of attorney’s fees
stipulated in their written contract. 4%

Suggested Answer: Question No. 14 (2006). Automatic Disbarm

Atty. Perez was admitted as a member
XII. York Bar.

1.Assumpsit refers to an undertaking, either express While in Manhattan, he was convicted

or implied, to perform a parol agreement. was disbarred.

2.Four instances when a client may validly refuse to Does his disbarment in New York a gro
pay his lawyer the full amount of attorney’s fees automatic disbarment in the Philippine
stipulated in their written contract are as follows:

a. When the stipulated fees are found

unconscionable or unreasonable by the court; Suggested Answer:

b. When the contract for attorney’s fees is void due XIV.

to purely formal matters or defects of execution;
No. Automatically disbarring Atty. Pere
c. When the counsel, for justifiable cause, was not Philippines will violate his right to due p
able to finish the case to its conclusion;

d. When lawyer and client disregard the contract for Question No. 15 (2006) Grounds for Disbarm
attorney’s fees. Which of the following acts does not co
ground for disbarment? Explain. 2.5%

1. Gross misconduct
Question No. 13 (2006) Primary Duties
What are the primary duties imposed by the 2. Fraudulent misrepresentation
Lawyer’s Oath upon every member of the Bar? 5%
3. Grossly immoral conduct
Suggested Answer:
4. Violation of the Lawyer’s Oath
XIII.
5. Willful disobedience to a lawful orde
The primary duties imposed by the Lawyer’s Oath Supreme Court
upon every member of the Bar are the following:
6. Malpractice
a. Maintain allegiance to the Republic of the
Philippines; 7. Appearance of a non-lawyer as an at
 Compiled by BSU-Law, 3rd Year students SY 2015-16

2015 BAR QUESTIONS lawyer. Maria found it a

after Atty. Evangeline ha
I. Define the following terms: her secrets, the latter refu
a. counsel de oficio her case. Maria's friendsh
b. counsel de parte Evangeline permanently
c. amicus curiae after Maria filed an admin
d. attorney of record ( 4%) against the latter for fail
borrowed jewelry. Atty. E
II. In open court, accused Marla the other hand, threaten
manifested that she had already settled Maria with a crimina
in full the civil aspect of the criminal falsification of public docu
case filed against her in the total on the disclosures Maria
amount of P58,000.00. Marla further made to Atty. Evangeline.
alleged that she paid directly to private
complainant Jasmine the amount of a. Was the consultat
P25,000.00. The balance of P33,000.00 with Atty. Evangeline
was delivered to Atty. Jeremiah, privileged? ( 1 % )
Jasmine's lawyer, evidenced by a b. What are the factor
receipt signed by Atty. Jeremiah the existence of a
himself. However, Jasmine manifested privilege? (3 % )
that she did not receive the amount of
P33,000.00 which Marla turned over to IV. The Lawyer's Oath is
Atty. Jeremiah. Despite Jasmine's obligation and its violation
requests to tum over the money, Atty. for suspension, disbarme
Jeremiah failed to do so. It was only disciplinary action. State
after Jasmine already filed an the Lawyer's Oath. (3%)
administrative complaint against Atty.
Jeremiah that the latter finally paid the V. Judge Ana P. Sevillano had
P33,000.00 to the former, but in three the billings for the post
installment payments of Pl 1,000.00 phone services of her
each. Atty. Jeremiah claimed that he daughter for the last three
decided to hold on to the P33,000.00 at months. Although Judge
first because Jasmine had not yet paid been repeatedly calling t
his attorney's fees. Is Atty. Jeremiah Service Hotline of Univer
administratively liable? Explain. (3%) the billings issue was neve
to Judge Sevillano's satisfa
III. Maria and Atty. Evangeline met each Judge Sevillano wrote
other and became good friends at Telecommunications Co
zumba class. One day, Maria letter of complaint again
approached Atty. Evangeline for legal Telecoms, using her o
advice. It turned out that Maria, a stationery and signing t
nurse, previously worked in the Middle "Judge Ana P. Sevillano.
East. So she could more easily leave for Sevillano violate any pro
work abroad, she declared in all her ethical standard for judges
documents that she was still single. answer. (3%)
However, Maria was already married
 Compiled by BSU-Law, 3rd Year students SY 2015-16

and took the Attorney's Oath together promised commission de

with other successful bar examinees on terminating the action for
March 19, 2001 at the Philippine receiving attorney's fees a
International Convention Center (PICC). about P600,000.00. En
He was scheduled to sign the Roll of repeatedly demanded pa
Attorneys on May 24, 2001 but he commission but Atty. Jane
misplaced the Notice to Sign the Roll of May Atty. Jane profe
Attorneys sent by the Office of the Bar ethically promise a commi
Confidant after he went home to the Gilbert? Explain. (3%)
province for a vacation. Since taking his
oath in 2001, Casper had been IX. a. Explain the doctrine
employed by several law firms and meruit in determining th
private corporations, mainly doing attorney's fees. (2%)
corporate and taxation work. When
attending a seminar as part of his b. Identify the factors to b
Mandatory Continuing Legal Education in determining attorney'
in 2003, Casper was unable to provide quantum meruit basis. (2%
his roll number. Seven years later in
2010, Casper filed a Petition praying
that he be allowed to sign the Roll of X. The spouses Manuel
Attorneys. Casper alleged good faith, registered owners of a p
initially believing that he had already measuring about 200,
signed the Roll before entering PICC for meters. On May 4, 2008,
his oath-taking on March 19, 2001. Manuel sold the land for l
to the spouses Rivera who
a. Can Casper already be considered a certificate of title for said
a member of the Bar and be allowed to names. Because the sp
use the title of "attorney"? Explain. ( 1 failed to pay the bala
%) purchase price for the land
b. Did Casper commit any Manuel, through Atty
professional or ethical transgression for instituted an action on Ma
which he could be held administratively before the Regional Trial C
liable? (2%) sum of money and/or a
c. Will you grant Casper's Petition to sale, docketed as Civil Ca
belatedly sign the Roll of Attorneys? The complaint in Civil Ca
Why? (2%) specifically alleged that A
would be paid ll200
VII. Cite some of the characteristics of the attorney's fees on a conti
legal profession which distinguish it The RTC subsequently pro
from business. ( 4 % ) decision upholding the sal
to the spouses Rivera. A
VIII. Engr. Gilbert referred his friends, timely filed an appeal on
spouses Richard and Cindy Maylupa, to spouses Manuel before
Atty. Jane for the institution of an Appeals. The appellate co
action for partition of the estate of the spouses Manuel, decl
Richard's deceased father. In a letter, of the land to the spouse
 Compiled by BSU-Law, 3rd Year students SY 2015-16

judgment in Civil Case No. 1111 on always making excuse

October 20, 2014, Atty. Enriquez filed a incompetence. Judge Ta
motion for the issuance of a writ of declared that he did not
execution. Belinda filed a thousand a
Meanwhile, the spouses Rivera filed cases against him. Accor
on November 10, 2014 before the RTC a Belinda, Judge Tadhana
case for quieting of title against the humiliated her like that in
spouses Manuel, docketed as Civil Case the flimsiest of reasons
No. 2222. The spouses Manuel, again Belinda's clients were not
through Atty. Enriquez, filed a motion Judge Tadhana's wrath
to dismiss Civil Case No. 2222 on the scolded witnesses who
ground of res judicata given the final respond immediately t
judgment in Civil Case No. 1111. asked of them on the w
Pending the resolution of the Atty. Belinda filed an a
motion to dismiss in Civil Case No. case against Judge Tadhan
2222, the RTC granted on February 9, of Judge Tadhana as des
2015 the motion for issuance of a writ constitute a violation of
of execution in Civil Case No. 1111 and Judicial Conduct? Explain. (
placed the spouses Manuel in
possession of the land. Atty. Enriquez, XII. a. What is the best form o
based on a purported oral agreement possible for a lawyer? (2%)
with the spouses Manuel, laid claim to b. What are the a
Y2 of the land, measuring 100,000.00 permissible forms of adv
square meters with market value of lawyer? (3%)
Pl,750,000.00, as his attorney's fees.
Atty. Enriquez caused the subdivision of XIII. In a land registration case
the land in two equal portions and Lucio, the petitioner is re
entered into the half he appropriated the second cousin of Judge
for himself. Based on the professional a. Differentiate
and ethical standards for lawyers, may compulsory and
Atty. Enriquez claim Yi of the land as his disqualification and determ
contingency fee? Why? (4%) Lucio should disqualify h
either circumstance. (3%)
XI. Atty. Belinda appeared as counsel for b. If none of the part
accused Popoy in a case being heard his disqualification, may
before Judge Tadhana. After Popoy was proceed with the case? (2%
arraigned, Atty. Belinda moved for a
resetting of the pre-trial conference. XIV. XIV. Identify and briefly ex
This visibly irked Judge Tadhana and so the canons under the N
before Atty. Belinda could finish her Judicial Conduct for th
statement, Judge Tadhana cut her off Judiciary. (6%)
by saying that if she was not prepared
to handle the case, then he could easily XV. Jon served as Chief Exec
assign a counsel de oficio for Popoy. (CEO) of PBB Cars, Inc. (P
Judge Tadhana also uttered that Atty. owned corporation enga
Belinda was wasting the precious time buying and selling of seco
 Compiled by BSU-Law, 3rd Year students SY 2015-16

by the spouses Yuki. Jon paid a separate XVIII. Atty. Javier sold a piece of
legal fee for Atty. Teresa's services. Jon of Gregorio for P2,000,0
subsequently resigned as CEO of PBB in Javier drafted the Deed
2011. In 2012, Atty. Teresa filed on Right to Repurchase wh
behalf of PBB a complaint for replevin Gregorio signed on Augu
and damages against Jon to recover the Under said Deed, A
car PBB had assigned to him as a service represented that he had
vehicle. Atty. Teresa, however, had not right to dispose as owner i
yet withdrawn as Jon's counsel of the land and that the land
record in the BP Big. 22 case, which was all liens and encumbrance
still then pending. Jon filed an also stated that Atty. Jav
administrative case for disbarment years within which to re
against Atty. Teresa for representing property. Atty. Javier turn
conflicting interests and violating the owner's copy of his certif
Code of Professional Responsibility. TCT No. 12121, to Grego
Atty. Teresa countered that since the then immediately took p
BP Blg. 22 case and the replevin case the land. Atty. Javier faile
are unrelated and involved different his right to repurchase
issues, parties, and subject matters, years. Gregorio sent Atty.
there was no conflict of interest and she dated April 8, 2005 deman
acted within the bounds of legal ethics. latter already repurchase
Is Atty. Teresa's contention tenable? Despite receipt of Greg
Explain. (3%) Atty. Javier still failed to re
property. Gregorio re
XVI. Atty. Luna Tek maintains an account in peaceful possession of th
the social media network called Twitter July 25, 2013, when he re
and has 1,000 followers there, including from Trustworthy Bank in
fellow lawyers and some clients. Her that the land was mortg
Twitter account is public so even her bank, that the bank alrea
non-followers could see and read her on the land, and that Gre
posts, which are called tweets. She therefore vacate the
oftentimes takes to Twitter to vent investigation, Gregorio dis
about her daily sources of stress like Atty. Javier's TCT No. 1212
traffic or to comment about current been cancelled when a
events. She also tweets her foreclosed on a previous
disagreement and disgust with the the land, but after a
decisions of the Supreme Court by transactions, Atty. Javier
insulting and blatantly cursing the reacquire the land and se
individual Justices and the Court as an 34343 for the same. W
institution. 34343, Atty. Javier constit
a. Does Atty. Luna Tek act in a mortgage on the land
manner consistent with the Code of Trustworthy Bank on Febru
Professional Responsibility? Explain the Gregorio was
reasons for your answer. (3%) dispossessed of the prope
b. Describe the relationship filed an administrative
between a lawyer and the courts. (3%) against Atty. Javier. In his d
 Compiled by BSU-Law, 3rd Year students SY 2015-16

with right to repurchase, but one of

equitable mortgage, wherein he still XXI. Judge Junior attended the
had the legal right to mortgage the land party of his fraternity b
to other persons. Vera. Also present at th
a. If you are tasked to investigate Atty. Rico who was
and report on Gregorio's administrative classmate way back in hig
complaint against Atty. Javier, what will who was handling Civil Ca
be your recommendation and finding? currently pending before J
(3%) court. Well-aware that Att
b. In the same administrative case, case before his sala, Judg
may Atty. Javier be ordered to return sat next to Atty. Rico at a t
the P2,000,000.00 purchase price to two conversed with each o
Gregorio? Explain. (3%) and drank together thr
night. Since Atty. Vera
XIX. a. What are the grounds for disbarment known personality, his b
or suspension from office of an was featured in a ma
attorney? ( 4%) opposing party to Atty. R
b. If Atty. Babala is also admitted as an Civil Case No. 5555, w
attorney in a foreign jurisdiction, what through the pages of th
is the effect of his disbarment or came upon the pictures of
suspension by a competent court or and Atty. Rico together at
other disciplinary authority in said used said pictures as
foreign jurisdiction to his membership instituting an administ
in the Philippine Bar? (2%) against Judge Junior. Judge
answer, reasoned that
XX. XX. Cecilio is one of the 12 heirs of his Atty. Vera's party in his pri
father Vicente, who owned an that he had no control ov
agricultural land located in Bohol. Vera invited to the party,
Cecilio filed a complaint charging Judge and Atty. Rico never discus
Love Koto with abuse of discretion and No. 5555 during the part
authority for preparing and notarizing a Junior commit an a
document entitled "Extra-Judicial infraction? Explain. (3%)
Partition with Simultaneous Deed of
Sale" executed by Cecilio's mother XXII. a. Describe briefly the
Divina and brother Jose. Jose signed the Continuing Legal Education
Deed on his own behalf and
member of the Integrate
purportedly also on behalf of his
brothers and sisters, including Cecilio. Philippines and the pur
Cecilio though alleged that in his Special same. (2%)
Power of Attorney, he merely granted
b. Name three parties ex
Jose the authority to mortgage said
agricultural land but not to partition, the MCLE. (3%)
much less to sell the same. Judge Koto
contended that in a municipality where XXIII. XX.III. Atty. Billy, a young
a notary public is unavailable, a medium-sized law firm, wa
municipal judge is allowed to notarize meet the deadline fo
 Compiled by BSU-Law, 3rd Year students SY 2015-16

sites was owned or maintained by the court; using abusive and

Supreme Court. He found a case he language; and embarr
believed to be directly applicable to his insulting parties, witnesse
client's cause, so he copied the text of lawyers appearing before h
the decision from the blog of another to the letter were
law firm, and pasted the text to the transcripts of records in
document he was working on. The heard before Judge Hambo
formatting of the text he had copied Hambog's arrogant,
was lost when he pasted it to the inappropriate, embarras
document, and he could not distinguish insulting remarks or
anymore which portions were the highlighted.
actual findings or rulings of the a. Will the Court take
Supreme Court, and which were quoted the letter-complaint even
portions from the other sources that an anonymous source? Exp
were used in the body of the decision. b. Describe briefly th
Since his deadline was fast approaching, followed when giving due
he decided to just make it appear as if complaint against an RTC ju
every word he quoted was part of the
ruling of the Court, thinking that it
would not be discovered. 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 Philippine
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? (2%)
b. How should lawyers quote a
Supreme Court decision? (2%)

XXIV. An anonymous letter addressed to the

Supreme Court was sent by one