Legal and Judicial Ethics Mock Bar Q A

7/23/2019 Legal and Judicial Ethics Mock Bar Q A

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JURISTS BAR REVIEW CENTER Suggested Answers in Legal and Judicial Ethics Mock Bar

1. ABC corporation hired your services to pursue a collection case against DEFEnterprises. Apparently, DEF has failed to pay its accounts payables to DEF for the past6 months, amounting to !"","""."". #he amount $as supposed to be the paymentdue for the computer units delivered by ABC to DEF. ABC has $ritten DEF % separatedemand letters. Despite such $ritten demand, DEF continues to stubbornly refuse topay the amount it o$ed. Draft the complete pleading re&uired by your client to pursueits claims against DEF. '1" points(

ANSWER: Complaint for sum of money with claim for damages.

). E* $as among those $ho passed the )""" Bar E+aminations. n -ay)1, )""", one day before the scheduled mass oathta/ing of the successful bar e+aminees, D-A filed against the respondent a etition for Denial of Admission to theBar. Complainant charged respondent $ith unauthori0ed practice of la$, gravemisconduct, violation of la$ and grave misrepresentation. #he C allo$ed therespondent to ta/e his oath as member of the Bar during the oath ta/ing. 2o$ever, theC ruled that respondent could not sign the *oll of Attorneys pending the resolution of the charge against him. Complainant alleges that respondent, $hile not yet a la$yer,appeared as counsel for a candidate in the -ay )""1 elections before the -unicipalBoard of Election Canvassers of -asbate. 3t $as further alleged that E* filed $ith the-BEC a pleading entitled 4Formal b5ection to the 3nclusion in the Canvassing of otes

in ome recincts for the ffice of the ice -ayor.7 3n the said pleading E*represented himself as counsel for the ice -ayor and thereafter signed his name assuch. Can E* be held administratively liable for unauthori0ed practice of la$8 9hat isthe liability of someone $ho has been determined to have been engaged in theunauthori0ed practice of la$8 '1" points(

ANSWER: :E. #he acts of E* $hich formed the basis of thecomplaint filed against him $ere committed ever before the respondent too/ his oath of office. Clearly, respondent engaged in the practice of la$ $ithout being a member of theBar. #o engage in the practice of la$ is to perform acts $hich are usually performed bymembers of the legal profession. ;enerally, to practice la$ is to render any /ind of

service $hich re&uires the use of legal /no$ledge or s/ill. #he right to practice la$ isnot a natural or a constitutional right but a privilege. 3t is limited to persons of goodmoral character $ith special &ualifications duly ascertained and certified. A bar candidate does not ac&uire the right to practice la$ simply by passing the bar e+aminations. 2aving held himself as counsel /no$ing that he had no authority topractice la$, respondent has sho$n moral unfitness to be a member of the hilippineBar. #he practice of la$ is a privilege that can be $ithheld from one $ho has passed the

Suggested Answers in Legal and Judicial Ethics Mock Bar for Jurists Bar Review Center by Prof Erickson Bal!es

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bar e+aminations, if the person see/ing admission had practiced la$ $ithout a license.(Donna Marie S. Aguirre v. Edwin Rana, B.M. 1036, June 10, 2003, Cario.!

<. Atty. Cyril $as the la$yer of Ah -oy, a #ai$anese investor, in a case for estafa filed against 2o Bah, an investor from East Asia. 3n the said case, 2o Bah $as

represented by Atty. ilver. ince 2o Bah failed to appear during the preliminaryinvestigation of the case nor did he submit his counter affidavit, the prosecutor handlingthe case filed a criminal complaint for estafa before the -anila *#C. n April =, 1>>>,the -anila *#C issued a 9arrant of Arrest against 2o Bah. #hereafter, Atty. ilver filedan urgent motion to ?uash the 9arrant of Arrest. 2e also filed $ith the *#C of @amboanga City, the place of Ah -oys and 2o Bahs mothballed 5oint venture, a civilcomplaint for the collection of a sum of money and damages as $ell as the dissolutionof a business venture against Atty. Cyril, Ah -oy and the prosecutor. 9hen confrontedby Atty. Cyril, Atty. ilver e+plained that it $as his client $ho had decided to institute thecivil action against him. Atty. ilver claimed that he $ould suggest to his client to dropthe civil case, if

complainant $ould move for the dismissal of the estafa case. Comment on theirregularity, if any, of the actions of Atty. ilver. '1" points(

ANSWER: Atty. ilver failed to live up to Canon = of the Code of rofessional*esponsibility. #he said canon provides that a 4la$yer shall conduct himself $ithcourtesy, fairness and candor to$ards his professional colleagues and shall avoidharassing tactics against opposing counsel7. *espondents actions do not measure upto Canon = as it appears that he too/ the estafa case as a personal affront and used thecivil case as a tool to return the inconvenience suffered by his client. Atty. ilver shouldhave used the proper procedural and administrative remedies if had believed that theopposing la$yer and the prosecutor in the criminal case had conspired to act illegally.

a$yers should treat their opposing counsels and other la$yers $ith courtesy, dignityand civility. -utual bic/ering, un5ustified recriminations and offensive behavior amongla$yers not only detract from the dignity of the legal profession, but also constitutehighly unprofessional conduct sub5ect to disciplinary action. Any undue ill feelingsbet$een clients should not influence counsels in their conduct and demeanor to$ardeach other. *espondent $as suspended from the practice of la$ for t$o years. (Atty.Ramon Reyes v. Atty. ictoriano !. Chiong" A.C. No. #$%&" 'uly $" ))*"+angani,an-.

%. As the counsel for E, Atty. *A as/ed for leave to file demurrer to evidence$hich $as granted by the trial court. All the $hile, E thought that the demurrer $asfiled and the case $as dismissed. 3t $as only years later that E learned that Atty. *Afailed to file any demurrer. 9hen as/ed to comment on the complaint filed by Eagainst him, Atty. *A claimed that t$o days after the *#C granted the manifestation of the defense to file motion for leave to file demurrer to evidence, he had finished the draftof the motion and the accompanying pleading $hich he stored in a magnetic computer dis/ette, intended for editing prior to its submission in court. A fe$ days before thedeadline, herein respondent tried to retrieve the draft from the dis/ette, but said drafts


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$here no$here to be found despite efforts to retrieve them. 9hat are Atty. *As ethicaltransgressions if any8 3s his defense valid8 '1" points(

ANSWER: 3t is plain from the records that respondent la$yer failed to submita demurrer to evidence for $hich he had earlier as/ed permission from the trial court

and $hich his client $as relying on. -ore than that, Atty. *A had failed to contact hisclient and apprise him about the developments of the case leaving complainantcompletely surprised and $ithout any protection $hen years later, he receivedsummons from the trial court as/ing him to present evidence in his defense and, notlong after, the trial court issued a $arrant for his arrest. 9hile a la$yer may decline aperson to become his client for valid reasons, once he agrees to ta/e up the cause of the client, he begins to o$e fidelity to such cause and must al$ays be mindful of thetrust and confidence reposed in him. , the defense is not valid. Atty. *As 4erasedfile7 defense $as vie$ed as an outrageous and a contumacious act that only ma/es amoc/ery of the Court. *espondent $ould have the Court believe a very preposterousstory of ho$ his draft disappeared, all the time avoiding the simple fact that he failed to

submit the necessary pleading before the trial court. #he Court $ill never countenancesuch a conduct. "Edgar #erea v. A$$%. Ru&en A'(adro, A.C. )2*6, Mar+ 20, 2003, Au-$riaMar$ine/!.

!. Can a notary public act at the same time as the $itness in the documentto be notari0ed by him89hy ot8 9hy8 '1" points(.

ANSWER: :es if the document is not a $ill and if the notarial act $ascommitted before the August )""% *ules on otarial ractice, after the effectivity of the)""% *ules on otarial ractice, the notary public cannot $itness a document to be

notari0ed by him.

6. A complaint $as filed against udge Badong. 2e $as charged $ith graveabuse of authority, political harassment, evident partiality, ignorance of the la$ andelection offenses. #he complainanst averred that on -ay !, )""1, a aturday, they$ere criminally charged in the court of respondent 5udge in the 3nformation $hich in partreads

4+ + + the accused did then and there, $illfully, unla$fullyand feloniously falsify the fficial Ballots for the -ay 11,1>>= ocal and ational Elections . . . by s$itching theofficial ballots cast in favor of the complainant $ith fa/edballots and simulated ballots that later nullified the validballots cast in favor of the complainant + + + .

*espondent 5udge $ent to the -C#C Camarines ur purposely to receive, admitand act on a Complaint. #he Complaint $as erroneously designated as 4Falsification of ublic Documents7 allegedly in violation of Article 1) in relation to Article 11 of the*C, although nothing in said penal provisions appear to have been violated.


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9as the respondent 5udge 5ustified in ta/ing cogni0ance of the Complaintconsidering that the body of the same sho$ed that it is election related8 '1" points(

ANSWER: . Gnder the Comelec *ules of rocedure, it is the C-EEC

that has the e+clusive authority to prosecute offenses found to be election related.ot$ithstanding that complainants called the attention of the respondent 5udge by filinga -otion for 3nhibition and referred the case to the rovincial rosecutors ffice, therespondent issued the $arrants of arrest. #he issuance $as made despite /no$ledgethat under the offense charged, no probable cause e+ists. *espondent is ignorant of thela$ because he assumed 5urisdiction over the case $hich is electionrelated. As a rule,it is the allegations contained in the body of the Complaint that controls not thedesignation of the offense. udges are called upon to e+hibit more than a cursoryac&uaintance $ith the statutes and procedural la$s. Anything less $ould constitutegross ignorance of the la$. "Eve'io #ena e$ a'., v. Judge r'ando A. Mar$i/ano, e$+.

A.M. No. MJ021*)1, Ma% 30, 2003!.

. % Chester Casares '4CC7( arrested A on -arch 6, 1>>>, a aturday,pursuant to a $arrant of arrest issued by the -#CC of rmoc in Criminal Case !6= for violation of B )). n the same day, udge AA of the -C#C of eyte released theaccused on the basis of a cash bond posted only on -arch =, 1>>>. 3n addition, udge

AA issued on -arch 6, 1>>> another order of release on the basis of a property bond$hich $as subscribed and s$orn to before him by the bondsman on -arch 1", 1>>>.#he said date $as, ho$ever, changed to -arch 6. 3n essence, udge AA issued therelease orders before the posting of the bond, $hether cash or property, and thusreleased prematurely released A $ho turned out to be a relative of udge AA.Conse&uently, % CC filed an administrative complaint against udge AA $ho, in his

defense, asserted that the cash bond $as actually posted on -arch 6, but since theorder of release $as prepared by his cler/ of court $ho thought that he $ould only beavailable on -arch , he dated the release order on -arch . udge AA further allegedthat the cash bond $as actually posted on -arch 6 but his Cler/ of Court altered thedate of the official receipt covering the said cash bond from -arch 6 to -arch = so thatthe date $ould not reflect that it $as posted on a aturday, a non $or/ing day. Canudge AA be held liable for his actuations8 9hy8 9hy ot8 '1" points(

ANSWER: :E for gross ignorance of the la$, a 5udge must e+hibit morethan a cursory /no$ledge of the la$, he must be familiar $ith basic legal precepts, themore basic the la$ violated the greater the ignorance manifested.

=. udge -C $as the sub5ect of an administrative complaint filed his o$nformer cler/stenographer for signing marriage contracts $ithout the re&uired marriagelicense. udge -C performed this act in at least three '<( occasions.

9hen as/ed to comment on the charges filed against him, the respondent 5udgeasserted that he desisted from performing marriages upon learning of the contracting


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parties failure to produce the re&uisite marriage license. Can udge -C be heldadministratively liable8

ANSWER: :E. *espondents admission of signing the marriage contractsbefore the issuance of the re&uisite marriage licenses, although not necessarily

fraudulent, amounts to gross negligence, if not gross irresponsibility, in performing hisofficial functions. *espondents act of gratuitously signing marriage contracts in utter disregard of its legal effects, had been remiss in his duty of e+ercising due care andcircumspection in the performance of his official duties. 3n so doing, he e+hibited acavalier proclivity of ignoring the norms of diligence, efficiency, competence anddedication of a man donning a 5udicial robe. "#edri$a ara%o v. Judge Ma(er$oCo'i'ore-, AM No. MJ42510, June 14, 2003, Be''o-i''o, J!.

>. 9hile Atty. -* $as a$aiting for his case to be called, udge *approached the representative of Atty. -*s client and told him 4opoy, tell your bossthat his la$yer is 5ust bleeding him dryH7. #he remar/ $as made $ithin hearing distance

of other litigants a$aiting their turn inside the courtroom. 3n another occasion, udge* told Atty. -*, 4anero, tell you client, he cannot outlive this caseH7 9ill a complaintfor conduct unbecoming of a member of the 5udiciary prosper against udge * under the facts obtaining in the instant case8 '1" points(

ANSWER: :es, because a 5udge is e+pected not only to manifest the coldneutrality of an impartial 5udge, but his integrity in $ords and in deeds must be abovereproach. #he conduct of the 5udge here is clearly $ay belo$ the minimum level of conduct e+pected of him.

1". is the defendant in a case for annulment pending before the sala of the

udge *B. At the time that udge *B too/ over , the said case has already beensubmitted for decision. avers that sometime in ovember 1>>=, udge *B cameto see him at -anila 2otels obby ounge, $here complainant $as then employed asa pianist. udge *B told that he $anted the case settled. #he 5udge then suggestedthat should agree to a 1I< )I< sharing of the con5ugal assets bet$een and his t$ochildren by his estranged $ife. refused #heir conversation ended $ith udge *Bassuring that he $ould inhibit himself from the case if complainant $ould file amotion to inhibit. ubse&uently, filed a motion to inhibit to inhibit udge *B. #hesame $as denied for 4being untenable as the apprehensions of movant are unfoundedand do not constitute legal grounds for inhibition7. 9hen his -otion for *econsiderationof the denial $as also denied, filed an administrative complaint against udge *B.

Gnder the facts obtaining, $ill the case against udge *B prosper8'1" points(

ANSWER: :es, because a 5udge is e+pected not only to manifest the cold neutralityof an impartial 5udge, but his integrity in $ords and in deeds must be above reproach.#he conduct of the 5udge here is clearly $ay belo$ the minimum level of conducte+pected of him. 2is conduct clearly reveals a bias against and in favor of 5ps $ife.


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11. ;ive your comment on the propriety of the acts of the municipal 5udge $hoprepared and notari0ed the follo$ing documents '! points each,)"J (

a A deed of absolute sale e+ecuted by t$o of his friendsKi. #his $ill only be allo$ed if there is no notary public commissioned

in the territorial 5urisdiction of the municipal 5udge. rovided1. #he money paid for the notarial services goes directly to

the municipality, duly receipted by the municipal treasurer ). #here must be a certification in the document notari0ed

that there is no notary public commissioned $ithin theterritorial 5urisdiction of the municipal 5udge.

b An e+tra5udicial settlement of estate of his cousinsKi. #his $ill only be allo$ed if there is no notary public commissioned

in the territorial 5urisdiction of the municipal 5udge. rovided1. #he money paid for the notarial services goes directly tothe municipality, duly receipted by the municipal treasurerK

). #here must be a certification in the document notari0edthat there is no notary public commissioned $ithin theterritorial 5urisdiction of the municipal 5udge.

c A memorandum of agreement bet$een a building contractor and a neighboringmunicipalityK

i. Could be performed by the 5udge e+ officio, as part of hisfunctions provided there is no notary public commissioned $ithin

his territorial 5urisdiction.d A memorandum of agreement bet$een another private contractor and themunicipal $here he sits as 5udge.

i. Could be performed by the 5udge e+ officio, as part of hisfunctions provided there is no notary public commissioned $ithinhis territorial 5urisdiction

1). Define ;ross -isconduct. 2o$ is it classified as an administrative offenseunder the *ules of Court8 '1"J(.

ANSWER ;rave misconduct is the transgression of some establishedor definite rule of action, more particularly, unla$ful behavior or gross ignorance.

Gnder section ='<(, *ule 1%" of the *evised *ules of Court, as amended, grossmisconduct is classified as a serious administrative offense punishable by any of thesanctions enumerated in ection 11 of the same *ule i.e.

a. dismissal from the service, forfeiture of all or part of the benefits as theCourt may determine and dis&ualification from reinstatement or appointment to any


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public office, including government o$ned or controlled corporation. rovided, ho$ever,that the forfeiture of benefits shall in no case include accrued leave benefitsK

b. uspension from office $ithout salary and other benefits for more thanthree '<( but not e+ceeding si+ '6( monthsK

c. A fine of more than )","""."" but not e+ceeding %","""."" "JonSi% i( v. Judge An$onio 7ine/a, A.M. RJ02150), Ma% ), 2003, Sandova' 8u$ierre/!.

1<. Gpon being replaced by ustice C, Atty. B, the former counsel of theparents of the victims of the @E disco tragedy, $as directed to for$ard all thedocuments in his possession to ustice C. Atty. B refused, demanding fullcompensation pursuant to their $ritten contract. ensing that a favorable 5udgment $asforthcoming, Atty. B filed a motion in court relative to his attorneys fees, furnishing his

former clients $ith copies thereof. 3 Atty. B legally and ethically correct in refusing toturn over the documents and in filing the motion8 E+plain. '1"J(.

ANSWER: Atty. B. is not correct, $hile his right to a retaining lien isrecogni0ed under the la$, such right does not allo$ him to retain all the documents of his clients in his possession. 2e is duty bound to cooperate and assist the counsel $horeplaced him by for$arding to the latter documents and records needed to familiari0ehimself $ith the facts of the case. #he right of Atty. B to his unpaid attorneys fees canprotected by other means such as the recording of a charging lien.

1%. 3n a civil case, the defendant discovered that the counsel for the plaintiff used to be a member of the udicial and Bar Council during $hose time the udgepresiding over the case $as appointed and confirmed. 2e filed a L-otion to 3nhibit theudgeL on the ground that the latterLs ability to act independently and 5udiciously hadbeen compromised and seriously impaired because of his Lutang na loobM to theplaintiffs counsel.3f you $ere the udge, ho$ $ould you rule on the -otion8 '1"J(

ANSWER: #he motion should be denied, the udicial and Bar Council $or/sas a committee and the vote of a single person does not ma/e an applicant to the

5udiciary a 5udge. Further the appointing authority is not vested $ith the BC but $ith theffice of the resident.

1!. tate the ubudice *ule. E+plain the rationale behind our observance inthis 5urisdiction of this rule8 '!J(


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ANSWER: udges and la$yers are prohibited from ma/ing comments in publicregarding a case deemed submitted for resolution to avoid a trial by publicity.

16. Enumerate at least < e+emptions under Bar -atter =!" '!J(

ANSWER:

#he follo$ing are e+empted from the -CE re&uirementa. #he E+ecutive1. #he resident, iceresident of the hilippines, and the ecretaries andGndersecretaries of the E+ecutive Departments of the hilippine ;overnmentK). #he Chief tate Counsel, Chief tate rosecutor, and Assistant ecretaries ofthe Department of usticeK<. #he olicitor ;eneral and the Assistant olicitors ;eneralK%. #he ;overnment Corporate Counsel, Deputy and Assistant ;overnmentCorporate CounselK!. 2eads of government agencies e+ercising &uasi5udicial functionsKb. #he egislative

enators and -embers of the 2ouse of *epresentativesKc. #he udiciary#he Chief ustice and Associate ustices of the upreme Court, incumbent and retiredmembers of the udiciary, incumbent members of the udicial and Bar Council, andincumbent court la$yers covered by the hilippine udicial Academy program ofcontinuing 5udicial educationKd. #he Constitutional Bodies1. #he Chairmen and -embers of the Constitutional CommissionsK). #he mbudsman, the verall Deputy mbudsman, the Deputy mbudsman andthe pecial rosecutor of the ffice of the mbudsman.e. a$ choolsIAcademe

1. 3ncumbent deans, bar revie$ers and professors of la$ $ho have had teachinge+perience for at least ten '1"( years in accredited la$ schoolsK). #he Chancellor, iceChancellor and members of the Corps of rofessors androfessional ecturers of the hilippine udicial AcademyKf. ocal ;overnment

;overnors and mayorsKg. onracticing a$yers1. a$yers $ho are not in practice, $hether private or publicK and). #hose $ho have retired from la$ practice $ith the approval of the 3B Board of ;overnors.

1. -ay a 5udge be disciplined by the upreme Court based solely on acomplaint filed by the complainant and the ans$er of respondent udge8 3f so, under $hat circumstances8 9hat is the rationale behind this po$er of the upreme Court8'1"J(

ANSWER: :es, under the principle of res ipsa lo&uitor, things speak for itself,the po$er of the upreme Court to discipline 5udges is all encompassing and absolute.


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1=. Atty. alomar lost a case in the *#C and then in the Court of Appeals. 2eappealed the case to the upreme Court. 2is appeal $as subse&uently denied in aminute resolution for lac/ of merit. 2is motion for reconsideration $as similarly denied.9hen the 5udgement became final and e+ecutory, Atty. alomar publicly critici0ed the

upreme Court for having rendered $hat he calls an un5ust 5udgment, even as heridiculed the members of the upreme Court by direct insult and vituperativeinnuendoes. As/ed to e+plain $hy he should not be punished for his clearlycontumacious statements, Atty. alomar set up the defense that his statements $ereuttered after the litigation had been finally terminated and that he is entitled to critici0e

5udicial actuations. *ule on the contention of Atty. alomar. '1"J(

ANSWER: uch contention deserves no merit. 9hile la$yer have the right to critici0ethe decisions of the court, such criticism must al$ays be couched in respectful languagesince la$yers are officers of the court.

1>. Discuss the propriety of a la$yer filing court litigations against his clientover his fees. '1"J(

ANSWER: uch a case must only be resorted to as a remedy of last resort. A la$yer must avoid controversies $ith his client regarding unpaid attorneys fees since he canbe perceived as nothing more than a mercenary $ho is only after the payment of hisunpaid attorneys fees. a$yers have a duty to maintain the respect o$ing and thenobility of their profession.

)". aguio and Alonte, both la$yers, and ;ana, a certified public accountant,in order to enhance their respective practice, desire to pool their resources together and

establish a partnership for the combined purpose of la$ and accounting practice under the firm name, ;ana, Alonte and aguio or ;A a$ etc. and Associatess. 3s theproposed partnership ethical 8 '1"J(

ANSWER: #his is not ethical, a la$yer is prohibited from entering into a partnershipfor the practice of a profession $ith non la$yers.


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