FREQUENTLY ASKED QUESTIONS

IN BAR EXAMINATIONS
ON

LEGAL ETHICS
(FROM YEAR 1999 TO YEAR 2008)

Submitted to:

ATTY. ALLAN CARLOS

Professor, Bar Operation 1

Submitted by:

RUCHIE M. MAHINAY
LLB IV

COUNSEL DE OFFICIO

2004 - Question No. 4 (a).

Primo, Segundo and Tercero are co-accused in an information
charging them with the crime of homicide. They are respectively
represented by Attys.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 alibi as their defense. Atty. Tres made it
known that accused Tercero denies involvement and would testify that
Primo and Segundo actually perpetrated the commission of the offense
charged in the information.
In one hearing during the presentation of the prosecutions
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 counsels absence, Primo gave his consent provided Attys.
Dos and Tres would be designated as his joint counsel de officio for that
particular hearing. Thereupon, the court directed Attys. Dos and Tres to
act as counsel de officio of accused Primo only for purposes of the
scheduled hearing.
Atty. Dos accepted his designation, but Atty. Tres refused.
A) Is there any impediment to Atty. Dos acting as counsel de oficio for
accused Primo?
SUGGESTED ANSWER:
A. There is no impediment to Atty. Dos acting as counsel de oficio
for accused Primo. There is no conflict of interest involved
between Primo and his client Segundo, considering that both are
invoking alibi as their defense.
B) May Atty. Tres legally refused his designation as counsel de oficio
of accused Primo?
SUGGESTED ANSWER:
B. Atty. Tres legally refuse his designation as counsel de oficio for
accused Primo. Since the defense of his client Tercero is that
Primo and Segundo actually perpetrated the commission of the
offense for which they are all charged, there is a conflict of
interest between Tercero and Primo. There is conflicting interest
if there is inconsistency in the interest of two or more opposing
parties. The test is whether or not in behalf of one client, it is the
lawyers duty to fight for an issue or claim but it is his duty to
oppose it for the other client (Canon 6, Canons of Professional
Ethics).

2001-Question No. 13
When may refusal of a counsel to act de oficio be justified on
grounds aside from reasons o health, extensive travel abroad, or
similar reasons of urgency? Support your answer.
SUGGESTED ANSWER:
Other justified grounds for refusal to act as counsel de oficio are:
a. Too many de oficio cases assigned to the lawyer
b. Conflict of interest (Rule 14.03, CPR);
c. Lawyer is not in a position to carry out the work effectively or
competently (supra);
d.
Lawyer is prohibited from practicing law by reason of his
public office which prohibits appearances in court; and
e.
Lawyer is preoccupied with too many cases which will spell
prejudice to the new clients.

RETAINER AGREEMENT
2008-Question No. 2
In 1998, Acaramba, a telecommunications company, signed a
retainer agreement with Bianca & Sophia Law Office (B & S ) for the
latters legal services for a fee of P2,000 a month. From 1998 to 2001,
the only service actually performed by B & S for Acaramba was the
review of a lease agreement and representation of Acaramba as a
complainant in a bouncing checks case. Acaramba stooped paying
retainer fees in 2002 and terminated its retainer agreement with B & S
in 2005. In 2007, Temavous, another telecommunications company,
requested B & S to act as its counsel in the following transactions: (a)
the acquisition of Acaramba; and (b) the acquisition of Super-6, a
company engaged in the power business. In which transactions, if any,
can Bianca & Sophia Law Office represent Temavous? Explain fully.
SUGGESTED ANSWER:
B&S can represent Temavous in the Super-6 case but not in the
first case which involves the law firms previous client, Acaramba. To
do so would violate the doctrine which forbids an attorney who has
been engaged to represent a client from thereafter appearing on
behalf of the clients opponent even though during the continuance of
the employment nothing of a confidential nature was revealed to the
attorney by the client.

2003-Question No. 1
State the significance of the lawyers oath. What, in effect, does a
lawyer represent to a client when he accepts a professional
employment for his services?
SUGGESTED ANSWER:

The significance of the oath is that it not only impresses upon the
attorney his responsibilities but it also stamps him as an officer of the
court with rights, powers and duties as important as those of the
judges themselves. It is a source of his obligations and its violation is a
ground for his suspension, disbarment or other disciplinary action.
By accepting a retainer, he impliedly represents that
A. He possesses the competence required for the practice of his
possesses the competence required for the practice of his
profession,
B. He will exert his best judgment in the prosecution or defense of
his clients cause;
C. He will exercise reasonable and ordinary diligence; and
D. He will take such steps as will abide by his lawyers oath that he
will conduct himself to the best of his knowledge and discretion
with all good fidelity as well to the courts as to his client.

CONTINGENT FEE
2008-Question No.4
Chester asked Laarni to handle his claim to a sizeable parcel of land
in Quezon City against a well-known property developer on a
contingent fee basis. Laarni asked for 15% of the land that may be
recovered or 15% of whatever monetary settlement that may be
received from the property developer as her only contingent fee upon
securing a favorable final judgment or compromise settlement.
Chester signed the contingent fee agreement.
A) Assume the property developer settled the case after the case
was decided by the Regional Trial Court in favor of Chester for
P1 Billion. Chester refused to pay Laarni P150 million on the
ground that it is excessive. Is the refusal justified? Explain.
B) Assume there was no settlement and the case eventually
reached the Supreme Court which promulgated a decision in
favor of Chester. This time Chester refused to convey to Laarni
15% of the litigated land as stipulated on the ground that the
agreement violates Article 1491 of the Civil Code which
prohibits lawyers from acquiring by purchase properties and
rights which are the object of litigation in which they take part
by reason of their profession. Is the refusal justified? Explain.
SUGGESTED ANSWERS:
A. The refusal of Chester to pay is justified. A contingent fee is
impliedly sanctioned by Rule 20.01 (f) of the CPR. A much
higher compensation is allowed as contingent fee in
consideration of the risk that the lawyer will get nothing if the
suit fails. In several cases, the Supreme Court has indicated
that a contingent fee of 30% of the money or property that
may be recovered is reasonable. Moreover, although the
developer settled the case, it was after the case was deci8ded
by the Regional Trial Court in favor of Chester, which shows
that Atty. Laarni has already rendered service to the client.

B. Chesters refusal is not justified. A contingent fee agreement

is not covered by Art. 1491 of the Civil Code because the
transferor or assignment of the property in litigation takes
effect only upon finality of a favorable judgment.
2006-Question No.11 (b)
The contract of attorneys fee entered into by Atty. Quintos and
his client, Susan, stipulates that if a judgment is rendered in her favor,
he gets 60% of the property recovered as contingent fee. In return, he
will assume payment of all expenses of the litigation.
b. May Atty. Quintos and Susan increase the amount of the
contingent fee to 80 %?
SUGGESTED ANSWER:
Atty. Quintos and Susan can freely agree to increase the amount
of the contingent fee to 80%, but as long as the agreement is still
champertous, the agreement will still be invalid. Besides, even if there
is no champertous provision present, the contingent fee of 80 % of the
property recovered could still be considered as unconscionable,
because it is so disproportionate as to indicate that an unjust
advantage had been taken of the client, and is revolting to human
conscience. Contracts for attorneys fees are always subject to control
by the courts.

2002-Question No. 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 of the
lot. Atty. CJ accepted the assignment.
A. Is the contract for contingent fee valid? Explain.
SUGGESTED ANSWERS:
A. A contract for contingent fee is a contract wherein the attorneys
fee, usually a percentage of what may be recovered in the
action, is made to depend upon the success of the lawyer in
enforcing or defending his clients right. It is a valid contract,
unlike a champertous contract which is invalid because the
lawyer undertakes to shoulder the expenses of the litigation.
However, the amount of the fee agreed upon may be reduced
by the courts if it should be unconscionable. Fifty percent (50%)
of what the client might recover may or may not be
unconscionable depending on the factors to be considered in
determining the reasonableness of an Attorneys fee.

CHARGING LIEN
2008-Question No. 5
The vendor filed a case against the vendee for the annulment of
the sale of a piece of land.
A. Assume the vendee obtained a summary judgment against the
vendor. Would the counsel for the defendant vendee be entitled
to enforce a charging lien? Explain. (4%).
B.
Assume, through the excellent work of the vendees counsel at
the pre-trial conference and his wise use of modes of discovery,
the vendor was compelled to move for the dismissal of the
complaint. In its order the court simply granted the motion.
Would your answer be the same as in question (a)? Explain.
(3%).
SUGGESTED ANSWERS:
A. A charging lien, to be enforceable as security for payment of
attorneys fees requires as a condition sine qua non a judgment for
money and execution in pursuance of such secured in the main action
by the attorney in favor of his client. A summary judgment against the
vendor in this case only means that his complaint was dismissed. This
is not a judgment for payment of money, hence, a charging lien cannot
attach. However, if the judgment should include a money judgment in
favor of the vendee on his counterclaim, a charging lien can properly
be enforced.
B. My answer will not be the same, because a dismissal simply
on motion of plaintiff to dismiss will certainly not include a judgment
for a sum of money; hence, no charging lien can attach.
2000-Question No. 9
A. Define an attorneys retaining lien.
B. G was appointed administratrix 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 decedents which were
entrusted to him by G. Is Atty. Hs retention of the documents
justified? Explain. (3%).
SUGGESTED ANSWERS:
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 disbursement
have been paid, and to apply such funds to the satisfaction
thereof (Sec.37, Rule 138, Rules of court).
B. The retention of the documents in this case is not justified.
Atty. H was the personal counsel of G. He was not the counsel
of the estate. The documents bearing on the estate of the
decedent entrusted by G to him are not properties of G but of

the estate which is not his client. Atty. H has no right to

exercise a retaining lien over such documents.

LAWYER-AS TRUSTEE OF CLIENTS PROPERTY

2008-Question No. 8 (D)
State with a brief explanation, whether the lawyer concerned
may be sanctioned for the conduct stated below.
D. Keeping money he collected as rental from his clients tenant
and remitting it to the client when asked to do so, (3%).
SUGGESTED ANSWER:
The lawyer may not be sanctioned as long as he holds his clients
funds i8n trust and accounts for them and delivers them upon demand
(Canon 16, Rules 16.01, 16.03, CPR).
2007-Question No. 2
C engaged the services of attorney D concerning various
mortgage contracts entered into by her husband from whom she
separated fearful that her real state properties will be foreclosed and of
impending suits for sums of money against her. Attorney D advised C
to give him her land titles covering her lots so he could sell them to
enable her to pay her creditors. He then persuaded her to execute
deeds of sale in his favor without any monetary or valuable
consideration, to which C agreed on condition that he would sell the
lots and from the proceeds pay her creditors. Later on, C came to know
that attorney D did not sell her lots but instead paid her creditors with
his own funds and had her land titles registered in his name.
Did attorney D violate the Code of Professional Responsibility?
Explain.
SUGGESTED ANSWER:
Yes. Atty. D violate the Code of Professional Responsibility
because he became interested to the properties entrusted to him by
his client as he was able to register the said properties in his own
name without giving any monetary consideration to the owner of the
land.
Canon 16 of the Code of Professional Responsibility
provides that: :A lawyer shall hold in trust all moneys and
properties of his client that may come into his possession. And
Canon 17 of the same Code, which provides a follows: A lawyer
owes fidelity to the cause of his client he shall be mindful of the
trust and confidence reposed in him.

INHIBITION OF A JUDGE
2008-Question No. 6
Atty. Abigail filed administrative cases before the Supreme Court
against Judge Luis. Thereafter, Atty. Abigail filed a Motion for Inhibition
praying that Judge Luis inhibit himself from trying, hearing or in any
manner acting on all cases, civil and criminal, in which Atty. Abigail is
involved and handling. Should Judge Luis inhibit himself as prayed for
by Atty. Abigail? Explain fully.
SUGGESTED ANSWER:
Judge Luis should not inhibit himself. The mere filing of an
administrative case against a judge is not a ground for disqualification
on the ground of bias and prejudice (Aparicio vs. Andal, 175 SCRA 569).
1999-Question No. 11
In a case before him, it was the son of Municipal Trial Court Judge
X who appeared as counsel for the plaintiff. After the proceeding,
judgment was rendered in favor of the plaintiff and against the
defendant. B, the defendant in the case, complained against Judge X
for not disqualifying himself in hearing and deciding the case. In his
defense, Judge X alleged that he did not disqualify himself in the case
because the defendant never sought his disqualification.
Is Judge X liable for misconduct?
SUGGESTED ANSWER:
Judge X is liable for misconduct in office. Rule 3.12 of the Code of
Judicial Conduct provides that a judge should take no part in a
proceeding where his impartiality might reasonably be questioned. In
fact, it is mandatory for him to inhibit or disqualify himself if he is
related by consanguinity or affinity to a party litigant within the sixth
degree or to counsel within the fourth degree (Hurtado v. Jurdalena, 84
SCRA 41). He need not wait for a motion of the parties in order to
disqualify himself.

SUSPENDED LAWYER
2008-Question No.8 (c)
State with a brief explanation, whether the lawyer concerned
may be sanctioned for the conduct stated below.
(c) A suspended lawyer allowing his non-lawyer staff to actively
operate his law office and conduct business on behalf of clients during
the period of suspension.

SUGGESTED ANSWER:
The lawyer may be sanctioned. A lawyer shall not delegate to
any unqualified person the performance of any task which by law may
be performed by a member of the bar in good standing (Rule 9 of the
Code of Professional Responsibility).
2006-Question No. 3
(1) The Supreme Court suspended indefinitely Atty. Fernandez
from the practice of law for gross immorality. He asked the Municipal
Circuit Trial Court Judge of his town if he can be appointed counsel de
oficio for Tony, a childhood friend who is accused of theft. The judge
refused because Atty. Fernandez name appears in the Supreme Courts
List of Suspended lawyers. Atty. Fernandez then inquired if he can
appear as a friend for Tony to defend him.
If you were the judge, will you authorize him to appear in your
court as a friend for Tony? 5%
SUGGESTED ANSWER:
I will not authorize him to appear as a friend for Tony. The
accused in a criminal case is entitled to be represented by legal
counsel, and only a lawyer can be appointed as counsel de oficio.
Although a municipal trial court may appoint a person of good refute to
aid the accused as counsel de oficio in his defense, this is applicable
only where members of the bar are not present (Sec. 4, Rule 116,
Revised Rules of Court). Necessarily, the friend referred to one who is
not a lawyer. Atty. Fernandez is a lawyer but under Indefinite
suspension. He should not be allowed to practice law even as a counsel
de oficio.
(2) Supposing Tony is a defendant in a civil case for collection of
sum of money before the same court, can Atty. Fernandez appear for
him to conduct his litigation?
SUGGESTED ANSWER:
Even if Tony is a defendant in a civil case, Atty. Fernandez cannot
be allowed to appear for him to conduct his litigation, otherwise, the
judge will be violating Canon 9 of the Code of Professional
responsibility which provides that a lawyer shall not, directly or
indirectly, assist in the unauthorized practice of law.

DUTIES OF MEMBER OF THE BAR/ ATTORNEY

2007-Question No. 1
What are the duties of an attorney?
SUGGESTED ANSWER:

The duties of attorneys can be found either in the Attorneys

Oath, Section 20, Rule 138 of the Rules of Court, or the Code of
Professional Responsibility In the Attorneys Oath:
1.
2.
3.
4.
5.
6.
7.

To maintain allegiance to the Republic of the Philippines;

To support its Constitution;
To obey the laws as well as the legal orders of the duly
constituted authorities therein;
To do no falsehood, nor consent to the doing of any in court;
To avoid wittingly or unwittingly promoting or suing any
groundless, false or unlawful suit, nor give aid or consent to
the same;
To delay no man for money or malice,
To conduct himself as a lawyer according to the best of his
knowledge and discretion with all good fidelity well to the
courts as to his clients.

In Section 20, Rule 138 of the Rules of Courts:

1.
2.

To maintain the allegiance to the Republic of the Philippines;

To maintain the respect due to the courts of justice an and
judicial officers;
3. To counsel or maintain such actions or proceedings only as
appear to him to be just, and such defenses only as he
believes to be honestly debatable under the law;
4. To employ, for the purposes of maintaining the causes
confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law;
5. To maintain inviolate the confidence, and at every peril to
himself, to preserve the secret of his client, and to accept no
compensation in connection with his clients business except
from him with his knowledge and approval.
6. To abstain from all offensive personality, and to advance no
fact prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause with
which he is charged;
7.
Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any mans
cause from any corrupt motive or interest;
8.
Never reject, for any consideration personal to himself, the
cause of the defenseless or oppressed;
9.
In the defense of a person accused of crime, by all fair and
honorable means, regardless of his personal opinion as to
the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of
life or liberty, but by due process of law.
In the Code of Professional Responsibility, the duties of a lawyer
are grouped into four, the principal ones in each group being:
A.
B.
C.

Duties to society in general- to uphold the Constitution, obey

of the land and promote respect foe the law and legal
processes;
Duties to the legal profession- to uphold the dignity and
integrity of the legal profession;
Duties to the court- to the candid with and promote respect
for the courts and judicial OFFICERS, And to assist the courts
in rendering speedy and efficient justice, and

D.

Duties to the client- to observe candor, fairness and loyalty

to the client; hold the clients money and property in trust,
serve the client with competence and diligence, and to
preserve the confidence to the client.

2006-Question No. 13
What are the primary duties imposed by the Lawyers Oath upon
every member of the Bar? 5%
SUGGESTED ANSWER:
A.
B.
C.
D.
E.

Maintain allegiance to the Republic of the Philippines,

support its Constitution and obey the laws as well as legal
orders of duly constituted authorities;
Do no falsehood nor consent to the doing of any in court;
Not to wittingly or willingly promote or sue any groundless,
false or unlawful suit or give aid nor consent to the same;
Delay no man for money or malice;
To conduct himself as a lawyer according to the best of his
knowledge and discretion, with all good fidelity as well to the
court as to his clients (Rule 138, Sec. 3 Rules of Court).

2000-Question No. 10 (B)

Section 20, rule 138 of the Rules of Court enumerates the nine
(9) duties of attorney. Give at least three (3) of them.
SUGGESTED ANSWER:
Under Section 20, Rule 138, it is duty of an attorney:
1. To maintain 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 him to be just, and such defenses only as he
believes to be honestly debatable under the law;
4.
To employ, for the purpose of maintaining the causes
confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law.
5.
To maintain inviolate the confidence, and at every peril to
himself, to preserve the secret of his client, and to accept no
compensation in connection with his clients business except
from him with his knowledge and approval;
6.
To abstain from all offensive personality, and to advance no
fact prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause with
which he is charged;
7.
Not t encourage either the commencement or the
continuance of an action or proceeding or delay any mans
cause, from any corrupt motive or interest;
8.
Never to reject, for any consideration personal to himself,
the cause of the defenseless or oppressed;

9.

In the defense of a person accused of crime, by all fair and

honorable means, regardless of his personal opinion as to
the guilt of the accused, to present every defense that the
law permits, to the end that no person may be deprived of
life or liberty, but by due process of law.

ADVERTISEMENTS OF LAWYER/FIRM
2003-Question No. 2 (1)
A Justice of the Supreme Court, while reading a newspaper one
weekend, saw the following advertisement:
ANNULMENT OF MARRIAGE
Competent Lawyer
Reasonable Fee
Call 221-2221
Mondays to Fridays, 8:00 a.m. to 5:00 p.m.

The following session day, the Justice called the attention of his
colleagues and the Bar Confidant was directed to verify the
advertisement. It turned out that the number belongs to Attorney X,
who was then directed to explain to the court why he should not be
disciplinarily dealt with for the improper advertisement.
Attorney X, in his answer, averred that (1) the advertisement was
not improper because his name was not mentioned in the ad; (2) he
could not be subjected to disciplinary action because there was no
complaint against him.
Rule on Attorney Xs contention.
SUGGESTED ANSWER:
(1) The advertisement is improper because it is a solicitation of
legal business and is tantamount to self-praise by claiming to be a
competent lawyer. The fact that his name is not mentioned does not
make the advertisement proper. His identity can be easily determined
by calling the telephone number stated. In the case of Ulep v. Legal
Clinic, Inc.,223 SCRA 378(199993), the Supreme Court found a similar
advertisement to be improper in spite of the fact that the name of a
lawyer was also not mentioned.

2002-Question No. 3
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, 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%)
SUGGESTED ANSWER:
A. Ethical- A lawyer, in making known his legal services, shall
use only true, honest, fair, dignified and objective information
or statement of facts (Canon 3, Code of Professional
responsibility).
B. Unethical- The size of the card and the inclusion of the
lawyers photo in it smacks of commercialism.
C.
Unethical- A lawyer should not resort to indirect
advertisements such as procuring his photograph to be
published in a newspaper in connection with a case he is
handling. He should not pay or give something of value to
representatives of the mass media in anticipation of, or return
for, publicity to attract legal business (Rule 3.04, Code of
Professional Responsibility)
D. Ethical- The lawyer can no longer be held responsible for the
action of his client. However, it would be unethical if he knew
about his clients attention to publish and he did not stop it.
E. Unethical- The announcement in a newspaper that he will
give free legal advise to the indigent, is form of self praise. [In
re: Tagorda, 53 Phil 37 (1929)].
2001-Question No. 6
Facing disciplinary charges for advertising as a lawyer, Atty. A
argues that although the calling card of his businessman friend
indicates his law office and his legal specialty, the law office is located
in his friend store. Decide. (5%)
SUGGESTED ANSWER:
This appears to be a circumvention of the prohibition on
improper advertising. There is no valid reason why the lawyers
businessman friend should be handling out calling cards which
contains the lawyers law office and legal specialty, even if his office is
located in his friends store. What makes it more objectionable is the
statement of his supposed legal specialty.

DUTY OF COUNSEL TO DEFEND CLIENT EVEN HE IS

GUILTY

2005-Question No. 9
Darius is charged with the crime of murder. He sought Atty.
Francias 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 witnesses whose testimonies convinced
Atty.Francia that her client is guilty. She confronted his client who
eventually admitted that he indeed committed the crime. In view of his
admission. Atty. Francia decided to withdraw from the case.
Should Atty. Francia be allowed to do so? Explain. (5%)
SUGGESTED ANSWER:
No, he should not be allowed to withdraw. A lawyer shall not
decline to represent a person solely because of his opinion regarding
the guilt of the said person (Rule 14.01, Canons of professional
Responsibility). It is the bounded duty of a counsel de oficio to defend
his client no matter how guilty or evil he appears to be (People vs. Sta.
Teresa, 354 SCRA 697 [2001]
2002-Question No. 1 (B)
What is the lawyers duty if he finds that he cannot honestly put
up a valid or meritorious defense but his client insists that he litigate?
Explain. (5%)
SUGGESTED ANSWER:
It depends. If it is a criminal case, he may not decline to
represent the accused solely on his opinion regarding the guilt of said
person (Rule 14.01, Code of Professional Responsibility). The Supreme
Court has held that a counsel de officio has the duty to defend his
client no matter how guilty he perceives him to be {People v. Nadera,
Jr.,324 SCRA 490 (2000)]. But if the case is a civil case, he should
decline to accept the same. In a civil action, the rules and ethics of the
profession enjoin a lawyer from taking a bad case. The attorneys
signature in every pleading constitutes a certification that there is
good cause to support it and that it is not interpose4d for delay. It is
the attorneys duty to counsel or maintain such actions or proceedings
only as appear to him to be just and such defenses only as he believes
to be honestly debatable under the law.
2000-Question No. 12 (1)
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.
SUGGESTED ANSWER:
It would not be ethical for Atty. N to decline. Rule 14.01 of the
Code of Professional Responsibility provides that a lawyer shall not
decline to represent a person solely on account of the latters, race,

sex, creed or status of life, or because of his own opinion regarding the
guilt of said person. It is for the judge, not the lawyer, to decide the
guilt of the accused, who is presumed to be innocent until his guilt is
proved beyond reasonable doubt by procedure recognized by law.

GROUNDS FOR DISBARMENT

2006-Question No. 15
Which of the following acts does not constitute a ground. For
disbarment? Explain. 2.5%
1.
2.
3.
4.
5.
6.
7.

Gross misconduct
Fraudulent misrepresentation
Grossly immoral conduct
Violation of the Lawyers Oath
Willful disobedience to a lawful order of the Supreme Court.
Malpractice
Appearance of a non-lawyer as an attorney for a litigant in a
case.

SUGGESTED ANSWER:
No. 7, Appearance of a non-lawyer as an attorney for a litigant
in a case, is not a ground for disbarment, for the simple reason that
the offender is not a lawyer, and only a lawyer can be disbarred.
2000-Question No. 7
Atty. E entered his appearance as counsel for defendant F in a
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
suspend Atty. E from the practice of law. May the judge grant the
motion? Explain. (5%)
SUGGESTED ANSWER:
The judge may grant the motion. Unauthorized appearance is a
ground for suspension or disbarment (Sec. 27, Rule 138, Rules of
Court).
ALTERNATIVE ANSWER:
It depends. A lawyers appearance for a party without the
authority of the latter must be willful, corrupt or contumacious in order
that he may be held administratively liable therefore. But if he has
acted in good faith, the complaint for suspension will fail (Garrido v.
Quisumbing, 28 SCRA 614 [1969]).

DISCIPLINARY ACTION AGAINST A BAR MEMBER

2004-Question No. 8(b)

Atty. Walasulto has been a member of the Philippine Bar for

twenty (20) years but has been never plied his profession as a lawyer.
His sole means of livelihood is selling and buying real estate. In one of
his transactions as a real estate broker. he was criminally prosecuted
and subsequently convicted for violating B.P. Blg.22. In the disbarment
proceedings filed against him, Atty. Walasunto contended that his
conviction for violation of B.P. Blg.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 relation to his calling as a real
estate broker and not in relation to the exercise of the profession of a
lawyer.
Are the contentions of Atty. Walasunto meritorious or not?
Reason. (5%)
SUGGESTED ANSWER:
No, his contentions are not meritorious. In the first place, a
ground for disbarment is conviction of a crime involving moral
turpitude (Sec.27,Rule 138, Rules of Court), and the violation of B.P. 22
is considered to be a crime involving moral turpitude (people v.
Tuanda, 181 SCRA 692 [1990]). In the second place, Rule 7.03 of the
Code of professional Responsibility provides that a lawyer shall not
engage in conduct that adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession. Additionally, Rule 1.01
of the same Code provides that a lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct,
2003-Question No.2 (2)
A justice of the Supreme Court, while reading a newspaper one
weekend, saw the following advertisement:
ANNULMENT OF MARRIAGE
Competent Lawyer
Reasonable Fee
Call 221-2221
Mondays to Fridays, 8:00 a.m. to 5:00 p.m.

The following session day, the justice called the attention of his
colleagues and the Bar Confidant was directed to verify the
advertisement. It turned out that the number belongs to Attorney X,
who was then directed to explain the Court why he should not be
disciplinary dealt with for the improper advertisement.
Attorney X, in his answer, averred that: (2) he could not be
subjected to disciplinary action because there was no complaint
against him.
Rule on Attorney X contention.
SUGGESTED ANSWER:
(2) A complaint is not necessary to initiate disciplinary action
against a lawyer. In Section 1, Rule 139-B of the Rules of Court,
disciplinary action against a lawyer may be initiated by the Supreme
Court motu proprio.

EFFECT OF SUSPENSION/DISBARMENT ABROAD

2006 Question No. 14.
Atty. Perez was admitted as a member of the New York Bar. While
in Manhattan, he was convicted of estafa and was disbarred.
Does his disbarment in New York a ground for his automatic
disbarment in the Philippines?
SUGGESTED ANSWER:
The Disbarment or suspension of a member of the Philippine Bar
by a competent court or other disciplinary agency in a foreign
jurisdiction where he has also been admitted as an attorney is a
ground for his disbarment or suspension if the basis of such action
includes any of the acts hereinabove enumerated.
The judgment, resolution or order of the foreign court or
disciplinary agency shall prima facie evidence of the ground for
disbarment or suspension (pars. 2 & 3, Section 27, Rule 138 , as
amended by Supreme Court Resolution, dated February 13, 1992.
Thus, the disbarment of Atty. Perez in New York for Estafa is a
ground for his disbarment in the Philippines.
2002- Question No. 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 as a ground for
disciplinary action against Atty. LA in the Philippines?
SUGGESTED ANSWER:
The suspension of Atty. LA from the practice of law abroad may
be considered as a ground for the disciplinary action her if such
suspension was based on one of the grounds for disbarment in the
Philippines or shows a loss of his good moral character, a
disqualification he has to maintain in order to remain a member of the
Philippine Bar.

JUDGES - PROHIBITED TO ENGAGE IN THE PRACTICE

LAW
2005 Question No. 5 (b)
Assume that your friend and colleague, Judge Peter X. Mahinay, a
Regional Trial Court judge 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 his wife in the trial of a civil case

for damages pending before the Regional Trail Court of Aparri,

Cagayan. What would be your advice to him. Discuss briefly.
SUGGESTED ANSWER:
Rule 5.07 of the code of Judicial Conduct expressly and
absolutely prohibits judges from engaging in the private practice of
law, because of the incompatible nature between the duties of a judge
and a lawyer. Moreover, as a Judge he can influence to a certain extent
the outcome of the case even if it is with another court. A judge shall
refrain from influencing in any manner the outcome of litigation or
disputed pending before another court or administrative agency (Rule
2.04, Code of Judicial Conduct).
2002- Question No. 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 instrument witness.
Did judge Maawain engage in the unauthorized practice of law?
SUGGESTED ANSWER:
Section 35, Rule 138 of the Revised Rules of Court and Rule 5.07
of the Code of Judicial Conduct prohibit a judge from engaging in the
private practice of law as a member of the bar or giving professional
advice to clients. In the case decided, by the Supreme Court held that
judge who merely acted as witness to a document and who explained
to the party waiving his rights of redemption over mortgaged
properties and the consequence thereof, does not engage himself in
the practice of law. This appears to be applicable to the case of Judge
Maawain. He did not give professional advice in anticipation of
litigation. He was just asked to review a deed of extrajudicial
settlement of estate. He signed merely as an instrumental witness and
not as legal counsel Besides, his act was an isolated act.

JUDGES- DISQUALIFIED TO BECOME AN

ADMINISTRATOR/EXECUTOR OF THE ESTATE
2005- Question No. 7(b)
In an intestate proceeding, a petition fOr the issuance of letters
of administration in favor of a Regional Trial Court Judge was filed by
one of the heirs. Another heir opposed the petition on the ground that
the judge is disqualified to become an administrator of the estate as he
is the brother-in-law of the deceased. Rule on the petition.
SUGGESTED ANSWER:
The petition for issuance of letters of administration in favor of
RTC Judge should be denied. Rule 5.06 eh Code of judicial Conduct
provides that a judge should not serve as the executor, administrator,
trustee, trust, or person of a member of the immediate family, and

then only if such service will not interfere with the proper performance
of his judicial duties. The exception is not applicable because
member of the immediate family is defined in the same rule as
limited to the spouses and relative within the second degree of
consanguinity. The deceased brother-in-law of the judge is not a
relative within the second of consanguinity, but affinity.
2000- Question No. 16
Before his appointment to the judiciary, Judge K was the
administrator of the estate of his second cousin. After joining then
judiciary, could Judge K continue to be the administrator? Explain.
SUGGESTED ANSWER:
No. Judge K may no longer continue to be the administrator of
the estate of his second cousin. Rule 5.06 of the Code of judicial
Conduct provides that: (a) judge should not serve as an administrator,
executor, trustee, guardian, of other fiduciary, except for the estate,
trust, or person of a member of the immediate family, and then only if
such service will not interfere with the proper performance of judicial
duties. Member of immediate family shall be limited to the spouse and
relatives within the second degree of consanguinity. A second cousin
is not a relative within the second degree of consanguinity.
1999 Question No. 14
Justice AR of the Sandiganbayan was named executor of the will
of his good friend BT whose estate is valued approximately at Two
Billion Pesos. Upon BTs death, may Justice AR accept the trust and
serve as executor of BTs will while still in office?
SUGGESTED ANSWER:
Rule 5.06 of the Code of judicial Conduct provides that: (a)
judge should not serve as an administrator, executor, trustee,
guardian, of other fiduciary, except for the estate, trust, or person of a
member of the immediate family, and then only if such service will not
interfere with the proper performance of judicial duties. Member of
immediate family shall be limited to the spouse and relatives within
the second degree of consanguinity. A second cousin is not a relative
within the second degree of consanguinity.

CONFLICT OF INTEREST
2006- Question No. 9
Atty. Marie consulted Atty. Hernandez whether she can
successfully prosecuted her case for declaration of nullity of marriage
she intends to file against her husband. Atty. Hernandez advised her in
writing that the case will not prosper for the reason stated therein. Is
atty. Hernandez acquisence to be Noels counsel ethical?

SUGGESTED ANSWER:
No. Atty. Hernandezs acquiescence to be Noels counsel will not
be ethical. It will constitute a conflict of interest. When Atty. Marie
consulted Atty. Hernandez for advice on whether she can successfully
prosecute her case for declaration of nullity of her marriage to Noel,
and he advised her that it will not prosper, a lawyer-client relationship
was created between them, although his advise was unfavorable to
her. From the momet, atty. Hernandez is barred from accepting
employment from the adverse party concerning the same matter about
which she had consulted him.
2005- Question No. 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 she never
handled the case of kapamilya Corporation when she was still in the
XXX Law Firm. Is there a conflict of interest?
SUGGESTED ANSWER:
There is conflict of interest when a lawyer represents inconsistent
interests. This rule covers not only cases in which confidential
communications have been confided, but also those in which no
confidence has between bestowed or will be used. Also, there is
conflict of interest if the new retainer will require the attorney to
perform an act which will injuriously affect his first client in any matter
in which he represents him and also where hw will be called upon in his
new relation to use against his first client any knowledge acquired
through their connection. Since Atty. Japzon was a partner of the XXX
law firm from which has Kapamilya corporation as its clients, she
cannot handle a case against is as such will involve conflict of interest.
The employment of a new firm is equivalent to the retainer of the
members thereof. It does no matter if Atty. Japzon never handled a
case of the Kapamilya Corporation when she was still with XXX law
firm.
2001-Question No. 2
Atty. As former client B is deceased. A new Client C proposes to
engage the legal services of Atty. A against the heirs of deceased
Client B. Has Atty. A absolute right to accept the engagement since
Client B is no longer his client? Decide. (5%).
SUGGESTED ANSWER:
The right of Atty. A to accept the engagement of client C is
qualified by his obligations to avoid conflict of the interest arising from
his relation to the deceased client B which Atty.A is prohibited from
utilizing against the heirs of the deceased client. The obligation to hold
in confidence communications and information received from Client B
is not terminated by the death of the client.

1999- Question No. 8

Atty. Juan Cruz, a practicing lawyer, was employed by Pilipinas
Bank as its bank attorney and notary public in three of its branches in
Manila. While thus employed, Maria del Rio, who was unaware of Atty.
Cruzs employment in the bank, engaged Attyy. Cruzs services as a
lawyer in a case that was filed by Pilipinas Bank for collection of sum of
money involving one of its branches in Quezon City which atty. Cruz
accepted. The Quezon City Regional Trial Court, after due proceeding
and hearing, rendered judgment in favor of Pilipinas Bank and against
Maria del Rio who wanted to appeal the adverse judgment. But upon
advice of Atty. Cruz, the adversed judgment was not appealed.
Thereafter, Mariua del Rio learned Atty. Cruz was employed by Pilipinas
Banks as one of its attorneys. She now consults you and asks you to
take legal steps against Atty. Cruz for his apparent misconduct.
What do you think of what Atty. Cruz did. Is there a valid and
legal basis to discipline him?
SUGGESTED ANSWER:
In agreeing to represent Maria del Rio in a case which Pilipinas
Bank filed against her, Atty. Cruz violated the rule against representing
conflicting interests. Rule 15.03 of the code of Professional
Responsibility provides that a lawyer shall not represent conflicting
interests except by written consent of all concerned after a full
disclosure of the facts. It is improper for a lawyer to appear as counsel
for a person whose interest conflicts with that of his present or former
client, even in an unrelated case. It does not matter that the Pilipinas
Bank branch in Quezon City is not one of the branches he services in
Manila. The bank itself is his client. This constitutes malpractice for
which Atty. Cruz can be disciplined.

LAWYER CANNOT BE DESCIPLINED FOR NON

PAYMENT OF A LOAN
2005- Question No. 3 (b)
Atty. Kuripot was one of Town banks valued clients. In
recognition of his loyalty to the bank, he was issued a gold credit card
with a credit limit P250,000.00. After two months, Atty. Kuripot
exceeded his credit limit, and refused to pay the monthly charges as
the fell due. Aside from a 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 to his
being a lawyer.
(b) Explain whether Atty. Kuripot should be held administratively
liable for his refusal to settle his credit card bill?
SUGGESTED ANSWER:

He may not be held liable. The Supreme court has held that it
does not take original jurisdiction of complaints for collection of debts.
The creditors course of action is civil, not administrative in nature and
proper reliefs may be obtained from the regular courts. Although
lawyers have been held administratively liable for obstinacy in evading
payment of a debt.
2002- Question No. 12 (a)
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 he 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 likely ignored by Atty.
B.
May disciplinary action be taken against Atty. BB for his failure to
pay the loan?
SUGGESTED ANSWER:
(a) In one of decided case, the Supreme Court held that a lawyer
may not be disciplined for failure to pay her obligation. The remedy is
to file an action for collection against her in the regular courts.
However, unwarranted obstinancy in evading the payment of a debt
has been considered as gross misconduct, hence, he may be subject to
a disciplinary action.

CHAMPERTOUS CONTRACT
2000 Question No. 8
(a) What is champertous contract? Is it valid?
(b) Distinguish between a champertous
contingent fees contract.

contract

and

SUGGESTED ANSWER:
(a) A champertous contract is one where the lawyer agrees to
conduct the litigation on his own account and to pay the expenses
thereof, and to receive as his fee a portion of the proceeds of the
judgment. It is contrary to public policy and invalid because it violates
the fiduciary relationship between the lawyer and his client. In effect,
he is investing in the case with the expectation of making profit. The
practice of law is a profession and not a business venture.

(b) A contingent fee contract is an agreement in which the

lawyers fee, usually a fixed percentage of what may be recovered in
the action, is made to defend the clients right. It is a valid agreement.
It is different from a champertous contract in that the lawyer does not
undertake to shoulder the expenses of the litigation.

1999- Question No. 6

Atty. As service as a lawyer were engaged by B to recover from
C construction materials and equipment. Because B did not have
means to defray the expenses of litigation he proposed to Atty. A that
he (A) shoulders all expenses of the litigation and he (B) would pay
him (A) a portion of the construction materials and equipment to be
recovered as compensation for his professional service.
May atty. A correctly agree to such arrangement?
SUGGESTED ANSWER:
No. Atty. A may not correctly agree to such an agreement.
Such agreement would constitute a champertous contract which
is considered void due to public policy, because it would make him
acquire a stake in the outcome of the litigation which might lead him to
place his own interest above that of the client.
A champertous contract is one in which a lawyer undertakes to
prosecute a case, and bear all the expenses in connection therewith
without right of reimbursement, and will be paid his fees by way of a
portion of the property or amount that may be recovered, contingent
on the success of his efforts. It is different from a contingent fee
contract, which is valid,. In which a lawyer will also be paid depending
on the success of his efforts, but he does not undertake to shoulder all
the expenses in the case. He may advance such expenses but always
subject to reimbursement by his client.