CERINO, Fe Problem Areas in Legal Ethics

COLUMNAS, Avril Atty. Danilo Bantugan

2002 BAR EXAMINATION QUESTIONS

LEGAL ETHICS AND PRACTICAL EXERCISES

10%

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 a timely appeal and filed an administrative complaint for negligence
against the latter. Decide the case. (5%)

B. What is a lawyer's duty if he finds that he cannot honestly put up a valid or

meritorious defense but his client insists that he litigate? Explain. (5%)

Code of Professional Responsibility

The Lawyer and the Client

RULE 14.01 A lawyer shall not decline to represent a person solely on account of the
latter's race, sex, creed or status of life, or because of his own opinion regarding the guilt of
said person.

II

5%

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 moved for his
disqualification on the ground that he is not a lawyer. If you were the Labor
Arbiter, how would you resolve the motion? Why?

Allowing a non-lawyer to represent the labor union before the labor arbiter

III

10%

Determine whether the following advertisements by an attorney are ethical or

unethical. Write "Ethical" or "Unethical," as the case may be, opposite each letter
and explain.

A. A calling card, 2" x 2" in size, bearing his name in bold print, office,
residence and e-mail addresses, and telephone and facsimile numbers. (2%)

B. A business card, 3" x 4" in size, indicating the aforementioned data with his
photo, 1" x 1" in size. (2%)

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 multi-million damage suit against the company in the Supreme Court.
(2%)

D. The same press release made by his client in a tabloid. (2%)

E. A small announcement in BALITA, a tabloid in Filipino, that the attorney is

giving free legal advice for September 2002. (2%)

Code of Professional Responsibility

The Lawyer and Society

RULE 3.04 A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.

IV

5%

A. State the rule on whether a client is bound by the mistake of his counsel.
(3%)
B. On account of his mistake, is counsel liable to his client for damages?
Explain. (2%)

Code of Professional Responsibility

The Lawyer and the Client

RULE 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence
in connection therewith shall render him liable.

5%

On June 28, 2001, RJ filed with the Supreme Court a petition for prohibition, with
a prayer for a 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.
DCcTHa

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? Explain. (2%)

B. Give three (3) instances of forum-shopping. (3%)

Code of Professional Responsibility

The Lawyer and the Courts

RULE 12.02 A lawyer shall not file multiple actions arising from the same cause.
 VI

5%

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 of the lot. Atty. CJ accepted the assignment.

A. Is the contract for contingent fee valid? Explain. (3%)

B. Did Atty. CJ commit any violation of the Code of Professional Responsibility?

Explain. (2%)

Contract for Contingent Fee vs. Champertous Contract

VII

5%

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 (IBP)? Explain. (3%)

B. Will your answer be different if the legal aid is requested in a civil case?
(2%)

Code of Professional Responsibility

The Lawyer and the Client

RULE 14.02 A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de oficio or as amicus curiae or a request from the Integrated Bar
of the Philippines or any of its chapters for rendition of free legal aid.

VIII

5%

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? (2%)

B. Should Atty. Z tell B that A consulted him earlier about the same case? Why?
(3%)

Code of Professional Responsibility

The Lawyer and the Client

RULE 21.07 A lawyer shall not reveal that he has been consulted about a particular case
except to avoid possible conflict of interest.

IX

5%

A proceeding for disbarment is considered sui generis. Explain briefly, giving at

least five (5) reasons in support of your answer.

Disbarment proceeding considered “sui generis” or a class by itself

5%

Atty. N had an extramarital affair with O, a married woman, as a result of which

they begot a child, P. Atty. N admitted paternity of the child P and undertook to
support him. On the basis of this admission, is Atty. N subject to disciplinary
action by the Supreme Court? Why?
 Gross immoral conduct

XI

5%

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? Why?

Grounds for disbarment

XII

5%

Atty. BB borrowed P30,000.00 from EG to be paid in six months. Despite reminders

from EG, Atty. BB failed to pay the loan on its due date. Instead of suing in court,
EG lodged with an IBP chapter a complaint for failure to pay a just debt against
Atty. BB. The chapter secretary endorsed the matter to the Commission on Bar
Discipline (CBD). A Commissioner of the CBD issued an order directing Atty. BB to
answer the complaint against him but the latter ignored the order. Another order
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? (3%)

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 acts done in his
private capacity? Why? (2%)

Lawyer’s Oath
 XIII

5%

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? Why?

Code of Judicial Conduct

PRACTICE OF LAW AND OTHER PROFESSION

RULE 5.07. A Judge shall not engage in the private practice of law. Unless prohibited by
the Constitution or law, a judge may engage in the practice of any other profession provided
that such practice will not conflict or tend to conflict with judicial functions.

XIV

5%

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? Explain.

Code of Judicial Conduct

FINANCIAL ACTIVITIES

RULE 5.02. A judge shall refrain from financial and business dealings that tend to reflect
adversely on the court's impartiality, interfere with the proper performance of judicial
activities or increase involvement with lawyers or persons likely to come before the court. A
judge should so manage investments and other financial interests as to minimize the
number of cases giving grounds for disqualification.

XV

5%
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 judge
refrain from asking further questions which tended to favor the defense and leave
the examination of the witness to the defendant's counsel, who was a new lawyer.
The judge explained that he was entitled to ask searching questions. cCTAIE

A. Is the motion tenable? Why? (2%)

B. Can the judge justify his intervention? How? (3%)

Code of Judicial Conduct

ADJUDICATIVE RESPONSIBILITIES

RULE 3.06. While a judge may, to promote justice, prevent waste of time or clear up
some obscurity, properly intervene in the presentation of evidence during the trial, it should
always be borne in mind that undue interference may prevent the proper presentation of
the cause or the ascertainment of truth.

XVI

5%

Prepare a motion for extension of time to file an answer to a complaint in the

Regional Trial Court, Branch 3, Manila. For purposes of this pleading, your name is
Pedro Cruz. Supply the other hypothetical data. Omit proof of service and notice of
hearing.

Motion For Extension Of Time To File Answer

XVII

5%

Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case
is pending before the Regional Trial Court, Branch 1, Manila, where it is docketed
as Criminal Case No. 5430. Joyce engages your services as a private prosecutor.
File your formal entry of appearance. For purposes of this pleading, your name is
Pedro Cruz.
 Entry Of Appearance

XVIII

5%

Prepare a motion to dismiss an action for a sum of money in the RTC, Branch 1,
Quezon City on the ground of improper venue. Supply the other hypothetical facts
and use Pedro Cruz as your name.

Motion To Dismiss