2000 BAR EXAMINATION attorney’s fees.
Is the ground for withdrawal
Question No. 1
X was indicated for murder. As he had no counsel
on arraignment, the trial court appointed Atty. A.
His counsel de officio. When Atty. A asked X what
was his stand, X said he was guilty. X thereupon
pleaded guilty. X thereupon pleaded guilty. Trial
was thereafter conducted. When the turn of the
defence to present evidence came, Atty. A
manifested that he was not presenting and that
he was submitting the case for decision,
praying that X’s plea be considered mitigating.
Did Atty. A’s assistance or conduct approximate
the competence and diligence which the Code of
Professional Responsibility expected of him?
Explain. (5%).
Question No. 2
D was charged with estafa by C before the
barangay for misappropriating the proceeds of sale
of jewelry on commission. In settlement of the case,
D turned over to the barangay captain, a lawyer,
the amount of P2,000.00 with the request that the
barangay captain turn over the money to C. Several
months passed without C being advised of the
status of her complaint. C contacted D who
informed her that she (D) had long before turned
over the amount of P2,000.00 to the barangay
captain who undertook to give the money to her
(C). C thus filed a case against the barangay
captain who at once remitted the amount of
P2,000.00 to C. May the barangay captain be
faulted administratively?
Question No. 3
A town mayor was indicted for homicide
through reckless imprudence arising from a
vehicular accident. May his father-in-law who is
a layer and a Sangguniang Panlalawigan
member represent him in court? Reason. (5%).
Question No. 4
Atty. A was found guilty of indirect contempt by
the Regional Trial Court and summarily
suspended indefinitely from the practice of law.
Atty. A appealed to the Supreme Court. Is his
appeal meritorious? Reason. (5%).
Question No. 5
Atty. X filed a notice of withdrawal of appearance a
counsel for the accused Y after the prosecution
rested its case. The reason for the withdrawal
of Atty. X was the failure of accused Y to affix his
conformity to the demand of Atty. X for increase in
justified? Explain. (5%).
Question No. 6
C filed a verified administrative complaint against
Atty. D. In the course of investigation, C presented
an affidavit of desistance which she identified
on the witness stand. What course of action should
the investigator take? Explain. (5%).
Question No. 7
Atty. E entered his appearance as counsel for
defendant F in case pending before the regional
Trial Court. F later complained that he did not
authorize Atty. E to appear for him. F moved that
the court suspended Atty. E from the practice of
law. May the judge grant the motion? Explain. (5%).
Question No. 8
a) What is a champertous contract? Is it valid? (2%)
b) Distinguish between a champertous contract
and a contingent fee contract. (3%).
Question No. 9
a) Define an attorney’s retaining lien. (2%)
b) G was appointed administrator of the estate
of her deceased father. She engaged the
services of Atty. H as her personal counsel to
represent her in court proceedings. G later
discharged the services of Atty. H. Invoking his
retaining lien, Atty. H retained documents
bearing on the estate of the decedent of the
documents justified? Explain. (3%).
Question No. 10
a) State the exemption to the rule that the
negligence of counsel binds the clients. (2%).
b) Section 20, rule 18 of the Rules of Court
enumerates nine (9) duties of attorneys. Give at
least three (3) of them. (3%).
Question No. 11
Atty. J requested Judge K to be a principal
sponsor at the wedding of his son. Atty. J met
Judge K a month before during the IBP
sponsored reception to welcome Judge K into the
community, and having learned that Judge K takes
his breakfast at a coffee shop near his (Judge
K’s) boarding house, Atty. J made it appoint to
be at the coffee shop at about the time that Judge
K takes his breakfast.
Comment on Atty. J’s act. Do they violate the
Code of Professional Responsibility? (5%).
Question No. 12
M was criminally charged with violation of a special
law. He tried to engage the services of Atty. N. Atty.
N believed, however that M is guilty on account of
which he declined. Would it be ethical for Atty. N to
decline? Explain. (5%).
Question No. 13:
In a pending labor case, Atty. A files a Position
Paper on behalf of his client, citing a Supreme
Court case and quoting a portion of the decision
therein which he stated reflected the ratio
decidendi. However, what he quoted was not
actually the Supreme Court ruling but the argument
of one of the parties to case. May Atty. A be faulted
administratively? Explain. (5%).
Question No. 14:
Before he joined the bench, Judge J was a
vice-mayor. Judge J resumed writing weekly
column in a local newspaper. In his column, Judge
J wrote:
“I was wondering if the present vice-mayor can
shed off his crocodiles hide
so that he can feel the clamor of the public for the
resignation of hoodlum public officers of which he is
one.”
When charged administratively, Judge J invoked
freedom of expression. Is his defence tenable?
Explain. (5%).
Question No. 15:
In a contentious transaction of sale and
purchase involving real property between X
(seller) and Y (Purchaser), whose interests were
diametrically opposed to each other, Atty. Z with
the knowledge and consent of X and Y, acted as
the attorney for both parties. Did Atty. Z commit
malpractice? Explain. (5%).
Question No. 16:
Before his appointment to the judiciary, Judge
K was the administrator of the estate of his
second cousin. After joining the judiciary, could
Judge K continue to be the administrator? Explain.
(5%).
2002 BAR EXAMINATIONS
Question 1:
A. After reading the decision against his client Jose
Kapuspalad, Atty. Calmante was convinced that it
had a reasonable basis and that he would have
difficulty obtaining a reversal. For this reason. Atty.
Calmante did not appeal. When Jose learned about
the judgment against him, he blamed Atty.
Calmante for not taking atimely appeal and filed an
administrative complaint for negligence against the
latter. Decide the case.
B. What is a lawyer’s duty if he finds that he cannot
honestly put up a valid or meritorious defense but
his client insist that he litigate? Explain?
Question 2:
Raul Catapang, a law graduate and vice-president
for labor relations of XYZ Labor Union, entered his
appearance as representative of a member of the
union before the Labor Arbiter in a case for illegal
dismissal, unpaid wages and overtime pay.
Counsel for the Company objected to Raul’s
appearance and move for his disqualification on the
ground that he is not a lawyer. If you were the
Labor Arbiter, how would you resolve the motion?
Question 3:
Determine whether the following advertisements by
an attorney are ethical or unethical as the case
maybe, opposite each letter and explain.
A. A calling card 2x2 in size, bearing his name in
bold print, office, residence and email addresses,
telephone and facsimile numbers?
B. A business card 3x4 in size, indicating the
aforementioned data with his
photo 1x1 in size.
C. A pictorial press release in a broadsheet
newspaper made by the attorney showing him
being congratulated by the president of a client
corporation for winning a multimillion damage suit
against the company in the Supreme Court.
D. The same press release made by his client in a
tabloid.
E. A small announcement in BALITA, a tabloid in
Filipino, that the attorney is giving free legal advice
for September 2002.
Question 4:
A. State the rule on whether a client is bound by
mistake.
B. On account of his mistake, is counsel liable to
his client for damages?
Question 5:
On June 28, 2001, RJ filed with the Supreme Court
a petition for prohibition, with a prayer for temporary
restraining order/ preliminary injunction, to forestall
his removal as chairman and general manager of a
government agency, He believed he had a fixed
term until January 31, 2004, but there were
indications that the new President would replace
him. As he had apprehended, an Administrative
Order was issued by the Chief Executive.
On July 2, 2001 recalling RJ’s appointment, shortly
thereafter, PT was appointed to the position in
question.
On July 3, 2001 RJ filed a motion to withdraw his
petition, on the same day,
without waiting for the resolution of his motion; he
filed another petition with the Regional Trial Court
seeking to prevent his removal as chairman and
general manager of the government agency. On
July 8, 2001 his motion to withdraw the first petition
was granted by the Supreme Court without
prejudice to his liability, if any for contempt for
engaging in forum shopping.
A. Is he guilty of forum shopping?
B. Give three Instance of forum shopping?
Question 6:
Atty. CJ handled the case for plaintiff GE against
defendant XY. In an action for damages, Judgment
was rendered for plaintiff GE. When a writ of
execution was issued,The sheriff levied on a 400
square meter lot of defendant XY. Pursuant to their
contingent fee contract, plaintiff GE executed a
deed of assignment in favor of Atty. CJ of one-half
the lot. Atty. CJ accepted the assignment.
A. Is the Contract for contingent fee valid?
B. Did Atty. CJ commit any violation of the Code of
Professional
Responsibility?
Question 7:
A. May a lawyer decline a request for free legal aid
to an indigent accused made by a chapter of the
Integrated Bar of the Philippines?
B. Will your answer be different if the legal aid is
requested in a civil case?
Question 8:
Six months ago, Atty. Z was consulted by A about a
four –door apartment in Manila left by her deceased
parents. A complained that her two siblings B and
C, who were occupying two units of the apartment
were collecting the rentals from the other two units
and refusing to give her any part thereof. Atty. Z
advised A to first seek the intervention of her
relatives and told her that, if this failed he would
take legal action as A asked him to do. Today
September 22, 2002 B asks Atty. Z to defend him in
a suit brought by A against him (B) and C through
another counsel.
A. Should Atty. Z accept the case? Why?
B. Should Atty. Z tell B that A consulted him earlier
about the same case?
Question 9:
When a proceeding for disbarment case is
considered sui generis?
Question 10:
Atty. N had an extramarital affair with O, a married
woman as a result which begot a child, P. Atty. N
admitted paternity of the child P and undertook
support him. On the basis of this admission, Is Atty.
N subjected to the disciplinary action of the
Supreme Court. Why?
Question 11:
Atty. LA is a member of the Philippine Bar and the
California Bar in the United States. For willful
disobedience of a lawful order of a Superior Court
in Los Angeles, Atty. LA was suspended from the
practice of law in California for one (1) year.
May his suspension abroad be considered a
ground for disciplinary action against Atty. La in the
Philippines?
Question 12:
Atty. BB borrowed P 30,000 from EG to be paid in
six months. Despite the reminders from EG, Atty.
BB failed to pay the loan on its due date. Instead of
suing in court EG lodged a complaint for failure to
pay just debt against Atty. BB. The chapter
secretary endorsed the matter to the Commission
on Bar Discipline. A Commissioner of the CBD
issued an order directing Atty. BB to answer the
complaint against him but latter ignored the order.
Another was issued for the parties to appear before
the Commissioner at a certain date and time but
only EG showed up. A third order submitting the
case for resolution was likewise ignored by Atty.
BB.
A. May Disciplinary Action be taken against Atty.
BB for his failure to pay the loan? Why?
B. Was Atty. BB justified in ignoring the orders of
the Commission on the ground that the
Commission had no power to discipline him for the
acts done in private capacity? Why?
Question 13:
In an extrajudicial settlement of the estate of the
late Juan Mayaman, the heirs requested Judge
Maawain, a family friend, to go over the document
prepared by a new lawyer before they signed it.
Judge Maawain agreed and even acted as an
instrumental witness.
Did Judge Maawain engage in the unauthorized
practice of law?
Question 14:
The family of Judge Matrabaho owns a small
department store. With his knowledge, an
employee of the store posted on the bulletin board
of his court an ad for job openings informing the
public that applications must be filed in the office of
the judge. For this purpose, the applicants would
also be interviewed therein. Is the judge liable for
misconduct?
Question 15:
While Miss Malumanay, a witness for the plaintiff,
was under cross examination, Judge Mausisa
asked questions alternately with the counsel for the
defendant. After four questions by the judge, the
plaintiff’s counsel moved that the judged refrain
from asking further questions which tended to favor
the defense and leave the examination of the
witness to the defendants counsel, who was a new
lawyer. The Judge explained that he was entitled to
ask searching questions.
A. Is the motion tenable?
B. Can the judge justify his intervention how?
2004 BAR EXAMINATIONS
Question 1:
Under the Code of Professional Responsibility what
are the principal obligations of a lawyer towards:
A. The legal profession and the Integrated Bar of
the Philippines?
B. His professional colleagues?
C. The development if the legal system?
D. The administration of justice?
E. His client?
Question 2:
In the course the judicial proceeding , a conflict of
opinions as to particular legal course of action to be
taken arose between AB and CD, two lawyers hired
by MR XX, a party litigant, to act jointly as his
counsel.
How should such problem be resolved, and whose
opinion should prevail?
Question 3:
On the eve of the initial hearing for the reception of
evidence for defense, the defendant and his
counsel had a conference where the client directed
the lawyer to present as principal defense witness
two persons whose testimonies were personally
known to the lawyer to have been perjured. The
lawyer informed his client that he refused to go with
the unwarranted course of action proposed by the
defendant. But the client insisted on his directive, or
else he would not pay the agreed attorney’s fees.
When the case was called for hearing the next
morning, the lawyer forthwith moved in open court
that he be relieved as counsel for defendant. Both
the defendant and the plaintiff’s counsel objected
the motion.
A. Under the facts given, is the defense lawyer
legally justified in seeking withdrawal to the case?
B. Was the motion for relief as counsel made by the
defense lawyer in full accord with the procedural
requirements for a lawyer’s withdrawal from a
court case?
Question 4:
Upon opening the session of his court, the
Presiding Judge noticed the presence of television
cameras set up at strategic places in his courtroom
and the posting of media practitioners all over the
sala with their video cameras. The Judge forthwith
issued an order directing the exclusion from the
courtroom of all television paraphernalia and further
instructing the reporters inside the hall not to
operate their “video cams” during the proceedings.
The defense lawyers objected to the courts order,
claiming that it was in violation of their client’s right
to a public trial.
A. In issuing the questioned order, did the Judge
act in violation of the rights of the accused to a
public trial?
B. Did the Judge act in derogation of the press
freedom when he directed the exclusion of the
television paraphernalia from the courtroom and
when he prohibited the news reporters in the
courtroom from operating their video cams during
the court proceedings?
Question 5:
Primo, Segundo and Tercero are co-accused in the
information charging them with the crime of
homicide. They are respectively represented by
Atty. Juan Uno, Jose Dos and Pablo Tres. During
the pre-trial conference, Attys. Uno and Dos
manifested to the court that their clients’ are
invoking an alibi as their defense. Atty. Tres made it
known that Primo and Segundo actually
perpetrated the commission of the offense charged
in the information.
In one hearing during the presentation of the
prosecution’s evidence in chief, Atty. Uno failed to
appear in court. When queried by the Judge if
accused Primo is willing to proceed with the
hearing despite his counsel’s absent, Primo give
his consent provided that Atty. Dos and Tres would
be designated as his joint counsel de officio for that
particular act as counsel de officio of accused
Primo only for purposes of the scheduled hearing.
Atty. Dos accepted the designation but Atty. Tres
Refused.
A. Is there any impediment to Atty. Dos acting as
counsel de officio for
accused Primo?
B. May Atty. Tres legally refuse his designation as
counsel de officio?
Question 6:
A. Atty. DD services were engaged by Mr. BB as
defense counsel in a lawsuit, In the course of the
Court Proceedings, Atty. DD discovered that Mr.
BB was an Agnostic and a homosexual. By a
reason thereof Atty.DD filed a motion to withdraw
as counsel without Mr. BB’s express consent.
Is Atty. DD’s motion legally tenable?
B. Assume that your friend and colleague, Judge
Peter Mahinay. A Regional Trial Court stationed at
KL city, would seek your advice regarding his
intention to ask the permission of the Supreme
Court to act as counsel for and thus represent her
wife in the Regional Trial Court of Appari, Cagayan.
What would be your advice to him?
Question 7:
A. Upon learning from newspaper reports that bar
candidate Vic Pugote passed the bar examinations,
Miss Adorable immediately lodged a complaint with
the Supreme Court. Praying Vic Pugote be
disallowed from taking the oath as a member of the
Philippine Bar because he was maintaining illicit
relationship with several women other than his
lawfully wedded spouse, however from unexplained
reasons, he succeeded to take his oath as a
lawyer. Later, when confronted with Miss
Adorable’s complaint formally; Pugote moved for
the dismissal of the case on the ground of it being
moot and academic.Should Miss Adorable’s,
complaint be dismissed or not?
B. Alleging that Atty. Malibu seduced her when she
was sixteen years old, which resulted in her
pregnancy and the birth of a baby girl, Miss
Magayon filed a complaint for his disbarment seven
years after the alleged seduction was committed.
Atty. Malibu contended that considering the period
of delay that the complaint was file. It can no longer
be entertained much less prosecuted since the
offense already prescribed.
Is Atty. Malibu’s contention tenable?
Question 8:
A. A disbarment complaint against a lawyer was
referred by the Supreme Court to a Judge of the
Regional Trial Court for investigation, report and
recommendation. On the date set for the hearing of
the complaint, the Judge had the case called for
trial in open court and proceeded to receive
evidence for the complainant, the Judge receive
evidence for the complaint. What would you have
done if you were the counsel for the respondent
lawyer, why?
B. Atty. Jarazo filed a civil suit for damages against
his business. Associates. After due trial, Judge
Dejado rendered the judgment, dismissing Atty.
Jarazo complaint. Thereby rendering the judgment
final and executory. Thereafter Atty. Jarazo filed a
criminal complaint accusing Judge Dejado of
rendering a manifestly unjust judgment before the
office of the Ombudsman. Will Atty. Jarazo’s
complaint against Judge Dejado prosper?
Question 9:
A. Judge Aficionado was among the several
thousands of spectators watching a basketball
game at the Rizal Memorial Coliseum who saw the
stabbing of referee Maykilling by player Baracco in
the course of the game. The criminal case
correspondingly filed against Baracco for stabbing
of May killing was raffled to the Regional Trial court
branch presided by Judge Aficionado. Should the
Judge sit in Judgment over and try the case against
Baracco?
B. Atty. Walasunto has been a member of the
Philippine Bar for twenty years but has never plied
his profession as a lawyer. His sole means of
livelihood is selling and buying real estate. In one of
the transactions as a real estate broker, he issued
a bouncing check. He was criminally prosecuted
and subsequently convicted violating B.P. 22. In the
disbarment proceedings filed against him, Atty.
Walasunto contented that his conviction for
violation of B.P. 22 was not a valid ground for
disciplinary action against a member of the bar. He
further argued that his act in issuing the check was
done in relations to his calling as a real estate
broker and not in the relation of the practice of law.
Are the contentions of Atty. Walasunto meritorious
or not?
2005 BAR EXAMINATIONS
Question 1:
1. Which of the following need not be verified?
a. Petition for Certiorari.
b. Interpleader.
c. Petition for Habeas Corpus.
d. Answer with compulsory counterclaim.
 e. All pleadings under the rules of summary
procedure.
2. Which of the following statement is false?
a. All administrative cases against erring
Justices of the appellate courts and judges
of lower courts fall exclusively within the
jurisdiction of the Supreme Court.
b. Administrative cases against erring
Justice of the Court of Appeals and
Sandiganbayan,judges lawyers in the
government are not automatically treated in
a disbarment case.
c.The IBP Board of governors may motu
proprio or upon referral by the Supreme
Court or by a Chapter Board of Officers, or
at the instance of any person, initiate and
prosecute against erring lawyers including
those in government service.
d. filing of an administrative case against
the judge is not a ground for disqualification
or inhibition.
3.On which of the following the lawyer is proscribed
from testifying as a witness in a case he is handling
for a client.
a. On the mailing of documents
b.On authentication or custody of any
instrument.
c.On the theory of the case
d. On substantial matters in cases where his
testimony is essential to the ends of justice
Question 2:
Mike Andelantado, an aspiring lawyer, disclosed in
his petition to take the 2003 bar examinations that
there were to civil cases pending against him for
nullification of contract and damages. He was thus
allowed to conditionally take the bar and
subsequently placed third in the said exams.
In 2004, after the two civil cases had been
resolved, Mike Adelantado filed his petition to take
the lawyers oath and sign the Roll of Attorneys
before the Supreme Court. The Office of the Bar
Confidant, However had received two anonymous
letters; the first alleged that the time Mike
Adelantado filed his petition to take the bar, he had
two other civil cases pending against him, as well
as a criminal case for violation of B.P. 22 the other
letter alleged that Mike Adelantado, as
Sangguniang Kabataan Chairperson had been
signing the attendance sheets of meetings as Atty.
Mike Adelantado.
a. Having passed the bar, can Mike Adelantado
already use the appellation Attorney?
b. Should Mike be allowed to take his oath and sign
the Attorney’s Roll?
Question 3:
Atty. Kuripot was one of the Town Bank’s valued
clients, In recognition of his loyalty to the bank; he
was issued a gold credit card with a limit of 250,000
php. After two months. Atty. Kuripot exceeded his
credit limit and refused to pay the monthly charges
as they fell due. Aside from collection suit,Town
Bank also filed a disbarment case against Atty.
Kuripot.
In his comment on the disbarment case, Atty.
Kuripot insisted that he did not violate the Code of
Professional Responsibility, since his obligation to
the bank was personal in nature and had no
relation his being a lawyer.
A. Is Atty. Kuripot Correct?
B. Explain whether Atty. Kuripot should be held
administratively liable for his refusal to settle his
credit card bill.
Question 4:
You had, taken your oath as a lawyer. The
secretary to the president of a big university offered
to get you as the official notary public of the school.
She explained that, a lot of their student lost their
identification card and is required to secure an
affidavit of loss before they can issue a new one.
She claimed that it will be lucrative for you as more
than 30 students lost their identification cards every
month. However the secretary wants you to give
half of your earning to the secretary of the school.
Will you agree to the arrangement?
Question 5:
Judge Horacio would usually go to the cockpits on
Saturdays for relaxation, as the owner of the
cockpit is a friend of his. He also goes to the casino
once a week to accompany his wife who loves to
play slot machines, because of this, Judge Horacio
was administratively charged. When asked to
explain, he said although he goes to these places,
he only watches and does not place bets.
Is his excuse tenable?
Question 6:
A businessman is looking for a new retainer. He
approached you and asked for your schedule of
fees or charges. He informed you of the
professional fees he is presently paying his
retainer, which is actually lower than your rates. He
said if you lower your rates he will engage your
services.
Will you lower your rates in order to get the client?
Question 7: she never handled the case of Kapamilya
A. Judge Segotier is a member of Phi Nu Phi Corporation when she was still with XXX law firm. s
Fraternity. Atty. Nonato filed a motion to disqualify there a conflict of interest?
Judge Segotier on the ground that the counsel for
the opposing party is also a member of the Judge’s Question 12:
fraternity. Judge Segotier denied the motion. Pending before the sala of Judge Magbag is the
Comment on his ruling? case of CDG versus JQT. The legal counsel of JQT
B. In an intestate proceeding, a petition for the is Atty. Ocsing who happens to be the brother of
issuance of letters of administration in favor of a Atty. Ferreras, A friend of JudgeMagabag. While
Regional Trial Court Judge was filed by one of case is still being heard Atty. Ferreras and his wife
the heirs. Another heir opposed the petition on the invited Judge Magabag on their wedding
ground that the Judge is disqualified to become an anniversary. Judge Magbag attended the party and
administrator of the estate as he is the brother-in- was seen conversing with Atty. Ocsing while they
law of the deceased. Rule on the Petition. were eating at the same table.
Comment on the Propriety of the act of Judge
Question 8: Magbag?
Due to the number of cases handled by Atty. Cesar
he failed to file a notice of change of address to the
court of Appeals. Hence he was not able to file an
Appellant’s Brief and consequently the case was
dismissed. Aggrieved Atty. Cesar filed a motion for
reconsideration of the resolution dismissing the
appeal and to set aside the entry of judgment on
the ground that he already indicated in his urgent
motion for extension of time to file and appellant’s
brief, his new address and that his failure to file a
notice of change of address is an inexcusable
negligence. Will the motion Prosper?

Question 9:
Darius is charge with the crime of murder. He
sought Atty. Francia’s help and assured the latter
that he did not commit the crime. Atty. Francia
Agreed to represent him in court. During the trial
the prosecution presented several witnesseswhose
testimonies convinced Atty. Francia that her client
is Guilty. She confronted his client and eventually
admitted the crime. In view of this admission, Atty.
Francia decided to withdraw the case. Should Atty.
Francia be allowed to do so?

Question 10:
Atty. Yabang was suspended as a member of the
Bar for the period of one year. During the period of
suspension, he was permitted by his law firm to
continue working in their office, drafting and
preparing pleadings and other legal documents, but
was not allowed to direct contact with firms clients.
Atty. Yabang was subsequently sued for illegal
practice of law. Would the case prosper?

Question 11:
Atty. Japzon, a former partner of XXX law firm, is
representing Kapuso Corporation in a civil case
against Kapamilya Corporation whose legal
counsel is XXX law firm. Atty. Japzon claims that