Question No. 8:In a civil case before the Regional Trial Court between Mercy Sanchez andCora Delano, Sanchez engaged the services of the Reyes Cruz and Santos LawOffices. Delano moved for the disqualification of the Reyes Cruz and Santos LawOffices on the ground that Atty. Cruz is an incumbent senator.

Answer:As judge, I will require that the name of Atty. Cruz, an incumbent Senator,be dropped. From any pending filed in court or from any oral appearance for thelaw firm by any other member of the law firm, and should the law firm refuse, Iwill disqualify the law firm. My reasons are as follows:Article VI, Sec.14 of the 1877 Constitution provides that “no Senator orMember of the House of Representatives may personally appear as counsel beforeany court of justice or before the Electoral Tribunals, or quasi judicial and otheradministrative bodies.” What is prohibited is personal appearance of the Senator,Atty. Cruz, and for as long as the Senator does not personally appear in court ofMercy Sanchez, the prohibition does not apply. Personal appearance includes notonly arguing or attending a hearing of a case in court but also the signing ofpleading and filing it in court. Hence, the Senator should not allow his name toappear in pleadings filed in court by itself or as part of a law firm name, such asReyes Cruz and Santos Law Offices, under the signature of another lawyer in thelaw firm, nor should allow the firm name with his name therein to appear ascounsel through another lawyer, without indirectly violating the constitutionalrestriction, because the signature of an agents amounts to a signing by the Senatorthrough another lawyer is in effects his appearance, the office of attorney beingoriginally one of agency, and because the Senator cannot do directly what theConstitution prohibits directly. The lawyer actually appearing for Mercy Sanchezshould drop the name of Atty. Cruz from any pleading or from any oral appearancein the court; otherwise the law firm could be disqualified. Moreover, Rule 6.02 ofthe Code of Professional Responsibility prohibits a lawyer in government fromusing his public position to promote or advance his private interests, and theSenator’s name appearing in pleadings or in appearances by other lawyers in thelaw firm’s client, which can only be avoided by dropping the name of the Senatorfrom the firm name whenever it appears in court

Question No. 2:Prosecutor Daniel Marquinez was assigned to handle a case for homicide.After interviewing the witnesses for the prosecution and asking them to narrate tohim the incident that caused the death of the victim, he came to the conclusionsthat the accused was really guilty. However, the version of one eyewitness showedthat the accused acted in self defence.If you were the prosecutor, would you place said eyewitness on the witnessstand? Why?

Answer:Under the ordinary rules on trial technique, the prosecutor should not place

the eyewitness stand.However, based on the real mission of a lawyer who is to assist the court inthe administration of justice, the prosecutor is bound to present the eyewitness inorder that the court can properly appreciate the evidence and to decide on the realmerit of the case.A public prosecutor is a quasi-judicial officer. He is the representative not ofan ordinary party to controversy, but of a sovereignty whose obligation to governat all and whose interest, therefore, in a criminal prosecution is not that it shall winthe case but justice shall be done. A prosecutor complies with his missions as alawyer even if the man he is prosecuting is acquitted in accordance with the lawand justice.Canon 6, Rule 6.01 of the Code of Professional Responsibility provides thatthe primary duty of a lawyer engaged in public prosecution is not to convict but tosee that justice is done. The suppressions of facts or the concealment of witnessescapable of establishing the innocence of the accused is highly reprehensible and iscaused for disciplinary action.

Question No. 3:Atty. Herminio de Pano is a former Prosecutor of the City of Manila whoestablished his own law office after taking advantage of the Early Retirement Law.He was approached by Estrella Cabigao to act as private prosecutor in an estafacase in which she is the complainant. It appears that the said estafa case wasinvestigated by Atty. De Pano when he was still a Prosecutor.Should Atty. Pano accept employment as private prosecutor is said estafacase? Explain.

Answer:Atty. De Pano should not accept the employment as private prosecutor as hewill be violating Canon 6, Rule 6.03 of the Code of Professional Responsibilitywhich provides that a lawyer shall not, after leaving government service, acceptemployment in connection with any matter in which he had intervened while insaid service.The restriction against a public official from using his public position as

avehicle to promote or advance his private interests extends beyond his tenure oncertain matters which intervened as a public official.

Question No. 6:Gliceria Magat who works as clerk typist in the Dimakali Law Offices wrotea letter to the Supreme Court accusing her employer Atty. Dimakali of violatingher honor several times. He would invite her to go out on official business only tobring her Regina Court, a motel in Ermita. There he would force his desires on her.Whenever she remonstrated and fought him, he would threaten to dismiss her. Sheasked the Supreme Court to disbar that “monster lawyer who thinks nothing ofviolating the honor and purity of virgins like me.”1) Is there any ground for disciplining Atty. Dimakali? Explain.2) Suppose Atty. Dimakali is the Head of the Legal Division of the Departmentof Agrarian reform. Under the foregoing set of facts, would you advise Ms.Magat to take the same action, that is, ask the Supreme Court to disbar herlawyer boss? Explain your answer.

Answer:1) Yes, there is a ground for disciplining Atty. Dimakali for his immoralbehaviour and abuse of his authority on his lady clerk-typist. This is a plainsexual harassment.2) Yes, I would advise Ms. Magat to take the same action with the SupremeCourt. It has been ruled in Collantes vs. Renomeron, 2000 SCRA 584.Canon 6 of the Code of Professional Responsibility also applies to

lawyers inthe government service.

Question No. 10:The Court Appeals affirmed the judgement of conviction of Atty. Gncho forviolation of B.P. Blg. 2 and likewise suspended him indefinitely from the practiceof law. There upon Atty. Gancho filed a Motion for Reconsideration assailing thevalidity of his suspension from the practice of law contending that the Court ofAppeals acted as offended party, prosecutor and judge all at the same time.1) Resolve this motion.2) Despite the order suspending him from the practice of law, Atty. Ganchostill continued, to prosecute the ejectment cases which he himself filedagainst his tenants. The tenants then questioned the authority of Atty.Gancho to prosecute the cases when he is under suspension.May Atty. Gancho be allowed to continue appearing in the ejectment cases?

Answer:1) The motion for reconsideration should be denied. It is now: a settled rulethat a lawyer found guilty of violation of B.P. Blg. 22 otherwise known asthe Bouncing Check Law is a crime involving moral turpitude which is aground for disbursement.2) Atty. Gancho may still continue prosecuting the case not as a lawyer but as aparty litigant.

Question No. 2:Atty. Aguirre as counsel de officio for boy Batong Bakal, was able to win an

acquittal for Boy who was charged with robbery in band. A year later, Atty.Aguirre discovered that Boy in fact had a lot of money which he had been braggingas part of the loot in the crime which he is acquitted. Knowing that Boy can nolonger be prosecuted on the grounds of double jeopardy, Atty. Aguirre sent him abill for his services as counsel de officio.Please give your reasoned comments on the ethical CONSIDERATIONS if any isinvolved in the above case.

Answer:A counsel de officio is a lawyer appointed by the court to defend an indigentdefendant in a criminal case. The lawyer designated as counsel de officio cannotcharge the indigent litigant for his professional services. In a sense, there is nocontract for legal services between him and the defendant. In the absence of anexpress or an implied contract there is no obligation to compensate. Suing hisclient for attorney’s fees might also involve a violation of the confidential nature ofa lawyer client relationship.

Question No. 3:The law firm of Rodriguez, Delfin and Zafra had been inyears and had built up an excellent reputation and a well hSometimes last yearPartner Zafra died of coronary disease but Rodriguez andhis name from the firm name.May Rodriguez and Delfin insist on keeping the name of Zafra as part of the firmname?

Answer:Yes, they may continue to use the name of Zafra in the firm name, provided thatthey indicate in all communications that he is deceased. Rule 3.02 of the code ofprofessional responsibility that the continued name of a deceased partner ispermissible provided thatThe firm indicates in all communication that the said partner passed away.Alternative Answer:They may keep the name of Zafra provided that the consent of the heirs isobtained.

Question No. 4:During the course of his cross examination, your client had testified to events andcircumstances which you personally know to be untrue. If his testimony was givencredence and accepted as fact by the court, you are sure to win your clients case.Under the code of professional responsibility, what is your obligation to:a) The Courtb) Your clientc)The public?

Answer:a) A lawyer shall not do any falsehood, nor consent to the doing of any in court;nor shall he mislead or allow the court to be misled by any artifice (Rule 10.01,Canon 10, and Code of Professional Responsibility). A lawyer shall not knowinglyassist a witness to misrepresent himself or to impersonate other ( Rule 12.06 canon12 Code of Professional Responsibility)

b) A lawyer who has received information that his client has, in the course ofrepresentation, perpetuated a fraud upon a person or tribunal, shall promptly callupon his client to rectify the same, and failing to follow will allow to terminate the client attorney relationship in accordance with (Rule 19.02 Canon 19 Code ofProfessional Responsibility).c) A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct(Rule 1.01 Canon 1 of the code of professional responsibility). A lawyer shall notcounsel or abet activities aimed at the defiance of law or at lessening confidence onthe legal system (Rule 1.02 Canon 1 Code of Professional Responsibility)

Question No. 5:The client with whom you have a retainer agreement had not been paying youcontrary to your stipulations on legal fees as you continue to appear at hearings inhis case. A judgment was finally rendered in your clients favor awarding him thereal property in litigation as well as a substantial amount in damages.As a counsel who had not been paid what steps can you take to protect yourinterest?

Answer:I will cause charging lien for my fees to be recorded and attached to the judgmentin so far as it is for the payment of money in damages. Then I will have the right tocollect my fees out of such judgments and execution in issuance pursuance thereof.

Question No. 7:JG, a known vagrant was defended by Atty. Go in his trial for robbery withhomicide.After he had been convicted, he appealed to reverse the decision of the courtclaiming he was deprived the constitutional right to counsel when the courtappointed Atty. Go as counsel de officio in spite of his request to the court that hepreferred Atty. Concepcion whom he knew to be an excellent criminal lawyer. IsJG correct?

Answer:The accused is entitled to a counsel of his choice and a counsel de officio may beappointed for him if he has no counsel de parte. In the case of(People vsMalunsing, 63 SCRA 793), the Supreme Court set aside the judgment ofconviction because the court appointed a counsel de officio and the accusedinsisted that he gets his own lawyer.

Alternative Answer:JG is not correct. An accused is entitled to be assisted by counsel. To constitute aviolation of an accused’s right to counsel of his choice; the accused must informthe trial court of his desire to be defended by a counsel de parte and if a counsel deofficio is appointed, he must protest such appointment and the actuation of the counsel de officio, otherwise he cannot rightly claim that his right was violated.Thus, where a counsel de officio has been assigned to an accused on trial and suchcounsel has acted without objection from the accused. The latter’s

convictioncannot be set aside on the sole ground that his counsel was not of his own choice(People vs Solis, 128 SCRA 217) the said ruling is applicable to this question.While JG expressed his preference to be defended by Atty. Concepcion, he reallydid not object to the appointment of Atty. Go until after his conviction. Beside ifAtty. Concepcion was his counsel of choice, he should have retained him ascounsel de parte.

Question No. 8:Atty. Queliza was convicted of qualified seduction. He was subsequently disbarredat the initiative of the IBP. Before he could complete the service of his sentence, hewas given an absolute pardon of the president. He thereupon petitioned theSupreme Court for reinstatement to the practice of law as a legal and logicalconsequence of the absolute pardon. Is he entitled to reinstatement?Answer:An absolute pardon granted to a lawyer who has been previously disbarred forconviction of a crime involving moral turpitude does not automatically entitle himto reinstatement. The matter of his reinstatement is still subject to the discretion ofthe Supreme Court. He should still show by evidence aside from absolute pardonthat he is now a person of good moral character, a fit and proper person to practicelaw.(In Re: Rovero)

Question No. 10:The law firm of Sale, Santiago and Aldeguer has an existing and currentretainership agreement with XYZ corporation and ABC company, both of whichwere pharmaceutical firms, XYZ corporation discovered that a number of itspatented drugs had been duplicated and sold in the market under ABC company’sbrand names, XYZ corporation turned to the law firm and asked it to bring suitagainst ABC company for patent infringement on several counts.What are the ethical considerations in this case and how are you going to resolvethem?Answer:A lawyer may refuse to accept representation of a client if he labors under conflictof interest between him and the prospective client or between a present client orprospective client ( Rule 14.03 Canon 14 Code of Professional Responsibility). Itis unprofessional for a lawyer to represent conflicting facts (Canon 6, Code ofProfessional Responsibility). A lawyer cannot accept a case against a present clienteither in the same case or a totally unrelated case.

1996 BAR EXAMINATIONQuestion No. 1:1) Define legal ethics.2) What is the significance of lawyer’s oath?Answer:1) Legal ethics is that branch of moral science which treats of the duties whichan attorney owes to the court, his client, to his colleagues in the profession,and to the public.

2) “The significance of the oath is that it not only impress upon the attorney hisresponsibilities but it also stamps him as an officer of the court with rights,powers and oath of a lawyer is a condensed code of legal ethics. It is asource of his obligation and its violation is a ground for his suspension,disbarment or other disciplinary action.” (Agpalo, Legal Ethics, 5th. Edition,p.59)

Question No. 21) The Code of Professional Responsibility is to lawyers, as the Code ofJudicial Conduct is to members of the bench.How would you characterize the relationship between the judge and thelawyer? Explain.2) Generally, only those who are members of the bar can appear in court.Are the exclusions to this rule? Explain.3) Should a lawyer accept a losing case: (a) in a criminal case; (b) in a civilcase. Explain.Answer:1) The Code of Professional Responsibility requires lawyers to observe andmaintained respect for judicial officers (Canon 11). On the other hand, theCode of Judicial Conducts requires judges to be patient, attentive andcourteous to lawyers (Rule 3.03). In a word, a lawyer and judge owe eachother mutual respect and courtesy.

Question No. 31) Why is a lawyer an “officer of the court?” Explain.2) Is a lawyer (a) always a notary public; or (b) is a notary public always alawyer? Explain.

Answer:1) Lawyers are “officers of the court” because they form part of the machineryof the law for the administration of justice (Hilado v. David, 84 Phil. 569).Under Canon 12 of the Code of Professional Responsibility, the lawyer shallexert every effort and consider it his duty to assist in the speedy and efficientadministration of justice.2) a) A lawyer is not always a notary public. In order to be a notary public, hehas to be issued a commission by the Executive Judge of the Court of FirstInstance (now Regional Trial Court) where he has applied for suchcommission (Adm. Order No. 6, June 30, 1975).c) On the other hand, a notary public need not be a lawyer, Sec. 233 of theRevised Administrative Code provides that persons who have completed andpassed the study of law in a reputable school or university, or who havepassed the examinations for office of justice of the peace or clerk or deputyclerk of court for a period of not less than two years, may also be appointednotaries public. In municipalities and municipal districts where there are nolawyers or persons having the qualifications above specified, or havingthem, refused to hols such office, the judges may appoint other personstemporarily to exercise the office of notary public who have thequalifications of fitness and morality.

Question No. 61) May a law firm use the name of a deceased partner? Qualify.2) Y hires the services of Atty. Z in a case where Y is accused of rape. Atty. Z,

firmly believes that Y is guilty of the crime of rape.If you were Atty. Z, would you still accept the case? Explain.

Answer:1) Rule 3.02 of the Code of Professional responsibility provides in part that“The continued use of the name of a deceased partner is permissibleprovided that the firm indicates in all its communications that said partner isdeceased.” However, several justices of the Supreme Court dissented fromthis rule.2) I would still accept the case. It is not for me to judge that Y is guilty of thecrime. The law presumes him to be innocent, and is entitled to an acquittalunless his guilt is proven beyond reasonable doubt with due process of law.The lawyer’s work is to see to it that due process of law is observed.Otherwise, may accused will be defenceless.

Question No. 91) In a homicide case, Atty. M was appointed by the Court as counsel deofficio for F, the accused. After trial F was acquitted. Atty. M sent F a billfor attorney’s fees.a) Can F be compelled to pay? Explain.b) Can F employ a counsel de parte to collaborate with Atty. M, his counselde officio? Explain.

Answer:1) a) No, F may not be compelled to pay attorney’s fees. A counsel de officio isa lawyer appointed to render professional services in favour of an

indigent torender professional services in favour of an indigent client. In the absence ofa law allowing compensation, he cannot charge the indigent litigant for hisprofessional services. One of the obligation which the lawyer assumed whenhe took his oath as a lawyer is to render free legal services when required bthe law to do so. The Rules of Court provides a token compensation for anattorney de officio to be paid by the state.He may do so, but if he can afford to employ a counsel de parte, thenhe is no longer indigent and will not need a counsel de officio. The latter canwithdraw as his counsel if he chooses to.

Question No. 2What is your understanding of forum-shopping? What are the possibleconsequences? (5%)Answer:Forum-shopping is the improper practice of filling several actions orpetitions in the same or different tribunals arising from the same cause and seekingsubstantially identical reliefs in the hope of winning in one of them.The possible consequences of forum-shopping are:1) Summary dismissal of the multiple petition or complaint.2) Penalty for direct contempt of court on the party and his lawyer.3) Criminal action for a false certification of non forum shopping.4) Disciplinary proceeding for the lawyer concerned. (Sec. 5, Rule 7, 1997Rules of Civil Procedure)Question No. 3When Atty. Aldrin received copy of the decision of the court of Appeals, hefiles a motion for reconsideration using intemperate and disrespectful languagewith a subtle threat that “knowingly rendering an unjust judgement is

punishableunder the Revised Penal Code.”The Court of Appeals ordered him to explain why he should not be cited incontempt of court. Instead of complying, he submitted to the Court of Appeals hisPetition to Retire from the practice of law which he immediately filed with theSupreme Court after receiving the citation for contempt. May he be allowed toretire from the practice of law? (5%).Answer:No. “A practicing lawyer and officer of the court facing contemptproceedings cannot just be allowed to voluntarily retire from the practice of lawwhich would negate the inherent power of the court to punish him for contempt.”(Montecillo v. Gica, 60SCRA 234).

Question No. 9Atty. Asilo, a lawyer and a notary public, notarized a document alreadyprepared by spouses Roger and Luisa when they approached him. It stated in thedocument that Roger and and Luisa formally agreed to live separately from eachother and either one can have a live-in partner with full consent of the other.What is the liability of Atty. Asilo if any? (5%).

Answer:Atty. Asilo maybe held administratively liable for violating Rule 1.02 ofCode of Professional responsibility. A lawyer shall not counsel of abet activitiesaimed at defiance of the law or at lessening confidence in the legal system. Anagreement between two spouses to live separately from each other and either onecould have a live-in partner with full consent of the other, is contrary to

law andmorals. The ratification by a notary public who is a layer of such illegal or immoralcontract or document constitutes malpractice or gross misconduct in office. Heshould at least refrain from its consumption. (In re Santiago, 70 Phil.661;Panganiban v. Borromeo, 58 Phil. 38 Phil. 367, In re Bucana, 72 SCra 14).

Question No. 11For his failure to appear for trial despite notice Atty. Umali was summarilypronounced guilty of direct contempt and was fined P10,000.00 by judge.Is the Judge correct? (5%).Answer:The judge is not correct. A lawyer who fails to appear for trials is only liablefor indirect contempt, which cannot be punished summarily. (People v. Torio, 118SCRA 14; Atty. Himiniano D. Silva v. Judge German G. Lee, 169 SCRA 512).

Question No. 2D was charged with estafa by C before the barangay for misappropriatingthe proceeds of sale of jewelry on commission. In settlement of the case , D turnedover to the barangay captain, a lawyer, the amount of P2,000.00 with the requestthat the barangay captain turn over the money to C. Several months passed withoutC being advised of the status of her complaint. C contacted D who informed herthat 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 thebarangay captain who at once remitted the amount of P2,000.00 to C. May thebarangay captain be faulted administratively?

Answer:Yes. The Code of Professional Responsibility applies to lawyers who are inthe government service. As a general rule, a lawyer who holds a government officemay not be disciplined as a member of the bar for misconduct in the discharge ofhis office as a government official. However, if that misconduct as a governmentofficial is of such character as to affect his qualification as a lawyer or to showmoral delinquency, then he may be disciplined as a member of the bar on suchground (Dinsay v. Cioco, 264 SCRA 703 (1996). In the case of Penticostes v.Ibanez, SCRA 281 (1999), a barangay captain who failed to remit for several months the amount given to him for payment of an obligation, was found to haveviolated the Code of Professional Conduct.

Question No. 4Atty. A was found guilty of indirect contempt by the Regional Trial Courtand summarily suspended indefinitely from the practice of law. Atty. A appealedto the Supreme Court. Is his appeal meritorious? Reason. (5%).Answer:His appeal is meritorious. A person cannot be summarily penalized forindirect contempt. In indirect contempt, the law requires that there can be a chargein writing duly filed in court and an opportunity to the person charged

to be heardby himself or counsel.

Question No. 7Atty. E entered his appearance as counsel for defendant F in case pendingbefore the regional Trial Court. F later complained that he did not authorize Atty. Eto appear for him. F moved that the court suspended Atty. E from the practice oflaw. May the judge grant the motion? Explain. (5%).Answer:The judge may grant the motion. Unauthorized appearance is a ground forsuspension or disbarment (Sec. 27, Rule 138, Rules of Court).Alternative Answer:It depends. A lawyer’s appearance for a party without the authority of thelatter must be wilful, corrupt or contumacious in order that he may heldadministratively liable therefor. But if he has acted in good faith, the complaint forsuspension will fail. (Garrido v. Quisumbing, 28 SCRA 614 (1969).

Question No. 9a) Define an attorney’s retaining lien. (2%)b) G was appointed administrator of the estate of her deceased father. Sheengaged the services of Atty. H as her personal counsel to represent her incourt proceedings. G later discharged the services of Atty. H. Invoking hisretaining lien, Atty. H retained documents bearing on the estate of thedecedent of the documents justified? Explain. (3%).Answer:a) A retaining lien is the right of an attorney to retain the funds, documents and

papers of his client which have lawfully come into his possession until his lawful fees and disbursements have been paid, and to apply such funds tosatisfaction thereof (Sec. 37, Rule 138, Rules of Court).b) The retention of the documents in this case is not justified. Atty. H was thepersonal counsel of G. He was not the counsel of the estate. The documentsbearing on the estate of decedent entrusted by G to him are not properties ofG but the estate which is not his client. Atty. H has no right to exercise aretaining lien over such documents.

Question No. 10a) State the exemption to the rule that the negligence of counsel binds theclients. (2%).b) Section 20, rule 18 of the Rules of Court enumerates nine (9) duties ofattorneys. Give at least three (3) of them. (3%).

Answer:a) It is well-settled that the negligence of counsel binds the client. Theexception is where the reckless or gross negligence of counsel deprives theclient of due process of law or where its application results in the outrightdeprivation of one’s property through a technicality (Salonga v. Court ofAppeals, 269 SCRA 534 (1997), or when the application of the general rulewill result in serious injustice (San Miguel Corporation v. Laguesma, 236SCRA 595 (1994).b) Under Section 20, rule 138, it is the duty of an attorney:1. To maintained allegiance to the Republic of the Philippines;2. To maintain the respect due to the courts of justice and judicial

officers;3. To counsel or maintain such actions or proceedings only as appear to himto be just, and such defences only as he believes to be honestly debatableunder the law;4. To employ, for the purpose of maintaining the causes confided to him,such means only as re consistent with truth and honor, and never seek tomislead the judge or any judicial officer by an artifice or false statementof fact or law.5. To maintain inviolate the confidence, and at every peril to himself, topreserve the secret of his clients, and to accept no compensation inconnection with his client’s business except from him with hisknowledge and approval;6. To abstain from all offensive personality, and to advance no factprejudicial to the honor or reputation of party or witness, unless requiredby the justice of the cause with which he is charged;7. Not to encourage either the commencement or the continuance of anaction or proceeding or delay any man’s cause, from any corrupt motiveor interest;8. Never to reject, for any consideration personal to himself, the cause ofthe defenceless or oppressed;9. In the defence of a person accused of crime, by all fair and honourablemeans, regardless of his personal opinion as to the guilt of the accused, topresent every defence that the law permits, to the end that no person maybe deprived of life or liberty, but by due process of law.

Question No. 11Atty. J requested Judge K to be a principal sponsor at the wedding of hisson. Atty. J met Judge K a month before during the IBP sponsored reception towelcome Judge K into the community, and having learned that Judge K takes hisbreakfast at a coffee shop near his (Judge K’s) boarding house, Atty. J made itappoint 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 ProfessionalResponsibility? (5%).

Answer:Yes, his actions violate the Code of Responsibility. Canon 13 of the saidCode provides that lawyer shall relay upon the merits of his cause and refrain fromany impropriety which tend t influence, or gives the appearance of influencing thecourt. Rule 13.03 of the same Code provides that a lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for, cultivating familiaritywith judges, Atty. J obviously sought opportunity for cultivating familiarity withJudge K by being at the coffee shop where the latter takes his breakfast, and isextending extraordinary attention to the judge by inviting him to be a principalsponsor at the wedding of his son.

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 hestated reflected the ratio decidendi. However, what he quoted was not

actually theSupreme Court ruling but the argument of one of the parties to case. May Atty. Abe faulted administratively? Explain. (5%).

Answer:Yes, he may be faulted administratively. A lawyer owes candor, fairness andgood faith to the court Rule 10.02 of the Code of Professional Conduct expresslyprovides that a lawyer shall not knowingly misquote or misrepresent the contentsof a paper, the language or the argument of opposing counsel, or the text of adecision or authority, or knowingly cite as law a provision already renderedinoperative by repeal or amendment, or assert as a fact that which has not beenproved. To cite an argument of one of the parties as a ratio decidendi of a SupremeCourt decision shoes, at least, lack of diligence on the party of Atty. A.(Commission on Election v. Noynoy, 292 SCRA 254 (1998).

Question 3:Determine whether the following advertisements by an attorney are ethical orunethical as the case maybe, opposite each letter and explain.A. A calling card 2x2 in size, bearing his name in bold print, office, residenceand email addresses, telephone and facsimile numbers?B. A business card 3x4 in size, indicating the aforementioned data with hisphoto 1x1 in size.C. A pictorial press release in a broadsheet newspaper made by the attorneyshowing him being congratulated by the president of a client corporation forwinning a multimillion damage suit against the company in the

SupremeCourt.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 isgiving free legal advice for September 2002.

Answer:A. Ethical- a lawyer in making his legal services, shall use only true, honest,fair, dignified and objective information or statement of facts. (Canon 3Code of Professional Responsibility).B. Unethical- the size of the card and the inclusion of the lawyer’s photo in itsmacks of commercialism.C. Unethical- a lawyer should not resort to indirect advertising such asprocuring his photograph to be published in a newspaper in connection witha case he is handling. He should not pay or give something of value torepresentatives of the mass media in anticipation of, or return for publicity toattract legal business (Rule 3.04 Code of Professional Responsibility).D. Ethical- The lawyer can no longer be held responsible for the action of hisclient. However, it would be unethical if he knew that his client’s intentionto publish it and not to stop it.E. Unethical- the announcement in a newspaper that he will give free legaladvise to the indigent, is a form of self-praise (In Re Tagorda).

Question 5:On June 28, 2001, RJ filed with the Supreme Court a petition for prohibition, witha prayer for temporary restraining order/ preliminary injunction, to forestall hisremoval as chairman and general manager of a government agency,

He believed hehad a fixed term until January 31, 2004, but there were indications that the newPresident would replace him. As he had apprehended, an Administrative Order wasissued by the Chief ExecutiveOn July 2, 2001 recalling RJ’s appointment, shortly thereafter, PT was appointedto 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 theRegional Trial Court seeking to prevent his removal as chairman and generalmanager of the government agency. On July 8, 2001 his motion to withdraw thefirst petition was granted by the Supreme Court without prejudice to his liability, ifany for contempt for engaging in forum shopping.A. Is he guilty of forum shopping?B. Give three Instance of forum shopping?

Answer:A. RJ is guilty of forum shopping . Forum Shopping is the practice of filingMultiple actions from the same cause of action ( Rule 12.02 of the Code ofProfessional Responsibility). It is clear that RJ’s petition for prohibition wasstill pending in the Supreme Court while he filed the same petition in theRegional Trial Court. He should have waited first for the resolution of hismotion to withdraw before filing the second petition because he cannotassume that the motion will be granted.B. Instances of Forum Shopping:1. When, as a result of an adverse opinion in one forum, a party seeks

afavorable opinion(other than appeal or certiorari) in another .2. When he institutes two or more actions or proceeding grounded by a samecause of action, on the gamble that one or more court would make afavorable decision.3. Filing a second suit in a court without jurisdiction.4. Filing an action is still pending in an administrative proceeding5. When counsel omits to disclose the pendency of an appeal, in filing acertiorari case.

Question 10:Atty. N had an extramarital affair with O, a married woman as a result which begota child, P. Atty. N admitted paternity of the child P and undertook support him. Onthe basis of this admission, Is Atty. N subjected to the disciplinary action of theSupreme Court. Why?Answer:Yes, In the case of (Tucay vs Tucay 318 SCRA 229). The Supreme Court heldthat the finding that a lawyer had been carrying on an illicit affair with a marriedwoman is grossly immoral conduct and only indicative of an extremely low regardfor the fundamental ethics of the profession.Question 11:Atty. LA is a member of the Philippine Bar and the California Bar in the UnitedStates. For willful disobedience of a lawful order of a Superior Court in LosAngeles, 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 againstAtty. La in the Philippines?

Answer:The suspension of Atty. LA from the practice of law abroad maybe considered as aground for disciplinary action here if such suspension was based on one of thegrounds for disbarment in the Philippines or shows a loss of his good moralcharacter, a qualification he has to maintain in order to remain a member of thePhilippine Bar.

2004 BAR EXAMINATIONSQuestion 1:Under the Code of Professional Responsibility what are the principal obligations ofa 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?

Answer:A.A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY ANDDIGNITY OF THE LEGAL PROFESSION AND SUPPORT THEACTIVITIES OF THE INTEGRATED BAR (Canon 7 Code of ProfessionalResponsibility).B.A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESSAND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, ANDSHALL AVOID HARASSING TACTICS AGAINST OPPOSINGCOUNSEL.(Canon 8 Code of Professional Responsibility).C.

A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THELEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAWREFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OFJUSTICE(Canon 4 Code of Professional Responsibility).A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS,SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAWSCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAWSTUDENTS AND ASSIST IN DISSEMINATING INFORMATIONREGARDING THE LAW AND JURISPRUDENCE. (Canon 5 Code ofProfessional Responsibility).D.A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THELEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAWREFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OFJUSTICE. (Canon 4 Code of Professional Responsibility).A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HISDUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATIONOF JUSTICE. (Canon 12 Code of Professional Responsibility).E.A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY INALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. (Canon15 Code of Professional Responsibility).

Question 2:In the course the judicial proceeding , a conflict of opinions as to particular legalcourse of action to be taken arose between AB and CD, two lawyers hired by MRXX, a party litigant, to act jointly as his counsel.How should such problem be resolved, and whose opinion should prevail?

Answer:When lawyers jointly associated in a cause cannot agree as to any matter vitalto the interest of the client, the conflict of opinion should be frankly

stated tohim for final determination. His decision should be accepted unless the natureof the difference make it impracticable for the lawyers whose judgment hasbeen overruled to cooperative effectively, In this event, it is his duty to ask hisclient to relieve him (Canon 7 Code of Professional Responsibility).Question 5:Primo, Segundo and Tercero are co-accused in the information charging them withthe crime of homicide. They are respectively represented by Atty. Juan Uno, JoseDos and Pablo Tres. During the pre-trial conference, Attys. Uno and Dosmanifested to the court that their clients’ are invoking an alibi as their defense.Atty. Tres made it known that Primo and Segundo actually perpetrated thecommission 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 iswilling to proceed with the hearing despite his counsel’s absent, Primo give hisconsent provided that Atty. Dos and Tres would be designated as his joint counselde officio for that particular act as counsel de officio of accused Primo only forpurposes 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 foraccused Primo?B. May Atty. Tres legally refuse his designation as counsel de officio

Answer:A. There is no impediment to Atty. Dos acting as counsel de officio for

accusedPrimo. There is no conflict of interest involved between Primo and his clientSegundo; considering that both are invoking an alibi as a defense.B. Atty. Tres may legally refuse his designation as counsel de officio foraccused primo. Since the defense of his client Tercero is that of Primo andSegundo actually perpetrated the offense which they are all charged, there isa conflict of interest if there is consistency in the interests of two or moreopposing parties. The test is whether or not in behalf of one client it is theduty to oppose it for other client (Canon 6 Code of ProfessionalResponsibility).

Question 2:Mike Andelantado, an aspiring lawyer, disclosed in his petition to take the 2003bar examinations that there were to civil cases pending against him for nullificationof contract and damages. He was thus allowed to conditionally take the bar andsubsequently placed third in the said exams.In 2004, after the two civil cases had been resolved, Mike Adelantado filed hispetition to take the lawyers oath and sign the Roll of Attorneys before the SupremeCourt. The Office of the Bar Confidant, However had received two anonymousletters; the first alleged that the time Mike Adelantado filed his petition to take thebar, he had two other civil cases pending against him, as well as a criminal case forviolation of B.P. 22 the other letter alleged that Mike Adelantado, as SangguniangKabataan 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?

Answer:a. No, only those who have been admitted to the Philippine Bar can be calledAttorney(Alawin vs Alauya 268 SCRA 628) Passing the bar examination isnot sufficient for admission of a person to the Philippine Bar. He still has totake oath of office and sign the Attorney’s Roll as prerequisite foradmission.b. No, he should not be allowed to take his oath and sign the Attorney’sRoll(Canon 7 Rule 7.01 Code of Professional Responsibility). Provides thata lawyer shall be answerable knowingly making a false statement orsuppressing material facts in connection with his application to the bar. Mr.Adelantado made a false statement in his application to the bar by revealingonly that there were two pending civil cases against him, and suppressedmaterial facts that there was also a criminal case pending against him. Thisis a sufficient ground for him to be denied admission to the Philippine Bar.He also showed lack of good moral character in using the title attorneybefore admission to the bar.

Question 3:Atty. Kuripot was one of the Town Bank’s valued clients, In recognition of hisloyalty 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 themonthly charges as they fell due. Aside from collection suit,Town Bank also fileda disbarment case against Atty. Kuripot.In his comment on the disbarment case, Atty. Kuripot insisted that he did notviolate the Code of Professional Responsibility, since his obligation to the bankwas 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 hisrefusal to settle his credit card bill.Answer:A. Atty. Kuripot is not correct. (Canon 7 Rule 7.03 Code of ProfessionalResponsibility).provides that a lawyer shall not engage in conduct thatadversely affect his fitness to practice law, nor shall he, whether in public orprivate life, behave in a scandalous manner to discredit the legal profession.B. He may not be administratively liable. The Supreme Court has held that itdoes not take original jurisdiction of complaints for collection of debts. Thecreditor’s course of action is civil not administrative in nature and proper reliefs may be obtained from the regular courts ( Litigio vs Dicon 246 SCRA9). Although lawyers have been held administratively liable for obstinacy inevading payment of a debt. The facts given do not show obstinacy shown inthis case.

Question 4:You had, taken your oath as a lawyer. The secretary to the president of a biguniversity 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 tosecure an affidavit of loss before they can issue a new one. She claimed that it willbe lucrative for you as more than 30 students lost their identification cards everymonth. However the secretary wants you to give half of your earning to thesecretary of the school.Will you agree to the arrangement?Answer;No, I will not agree (Canon 9 Rule 9.02 Code of Professional Responsibility).Provides; that a lawyer shall not divide or stipulate to divide legal service withpersons not licensed to practice law. The secretary is not licensed to practice lawand is not entitled to practice law and not entitled to a share of the fees fornotarizing affidavits, which is a legal service.

Question 6:A businessman is looking for a new retainer. He approached you and asked foryour schedule of fees or charges. He informed you of the professional fees he ispresently paying his retainer, which is actually lower than your rates. He said ifyou lower your rates he will engage your services.Will you lower your rates in order to get the client?

Answer:No, I would not (Canon 2 Rule 2.04 Code of Professional Responsibility).providesthat a lawyer shall not charge rates lower than those customarily prescribed unlesscircumstances so warrant. This is aimed against practice cutthroat

competitionwhich is not in keeping with the principle that the practice of law is a nobleprofession and not a trade. Moreover, if he agrees, he would be encroaching on theemployment of a fellow lawyer.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 continueworking in their office, drafting and preparing pleadings and other legaldocuments, but was not allowed to direct contact with firms clients. Atty. Yabangwas subsequently sued for illegal practice of law. Would the case prosper?`Answer:The Supreme Court defined the practice of law as any activity in or out of court,which requires the application of law, legal principle, practice or procedure andcalls for legal knowledge training and experience ( Cayetano vs Monsod 201SCRA 210). Based on this Definition, the acts of Atty. Yabang of preparingpleadings and other legal documents, would constitute practice of law; If so hisactivities are for the benefit of his law firm, because the employment of all themembers thereof. The case against him will prosper,