1. Respondent notarized a document outside his notarial jurisdiction. What offenses did he commit administratively and criminally?

What Canon did he violate under the Code of Professional Responsibility a. Respondents act of notarizing documents in a place outside of or beyond the authority granted by his notarial commission, partakes of malpractice of law and falsification. b. By such malpractice as a notary public, respondent likewise violated Canon 7 of the Code of Professional Responsibility which directs every lawyer to uphold at all times the integrity and dignity of the legal profession (Tan Tiong Bio vs. Gonzales) 2. What is the duty of a lawyer with respect to his opposing counsel ? a. In the performance of his duties as counsel, the lawyer has to defend his client to the best of his ability and should treat his opposing counsel with courtesy, dignity and civility. b. In his pleadings and arguments, he should use only language as benefiting an advocate. He should not resort to personalities and should avoid personal peculiarities and idiosyncrasies of his opposing counsel 3. What is the IBP? Is membership in the IBP mandatory or discretionary? a. After taking his oath, a lawyer automatically becomes a member of the integrated Bar of the Philippines b. IBP is an official unification of the entire lawyer population in order that all persons admitted to the practice of law shall comply with their duties under their oath. c. Membership in the IBP is MANDATORY 4. Give three objectives of the IBP in general a. Under Sec 2 Rule 139-A of the Rules of Court i. To elevate the standards of the legal profession ii. To improve the administration of justice; and iii. To enable the bar to discharge its public responsibility more effectively 5. What is the term of office and qualifications of an official of the IBP> a. The IBP is a non partisan and non-profit organization b. Its officials are elected for a term of two years c. Lawyers holding an elective, judicial, quasi-judicial or prosecutor or office in the Government or any political subdivision or instrumentality thereof are not qualified for election or appointment in any position in the IBP or any chapter thereof 6. What is the duty of a lawyer with respect to the cause of the defenceless or the oppressed? a. Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenceless or the oppressed.

7. What are the MCLE requirements of completion? Who are exempted from compliance with the MCLE requirements of completion? a. Members of the IBP, unless exempted under Rule 7, shall : i. Complete every three years at least 36 hours of continuing legal education activities

b. Parties exempted i. The President, Vice President, and the Secretaries and undersecretaries of executive departments ii. Senators and members of the House of Representatives iii. The Chief Justice and Associate Justices of the SC, incumbent and retired justices of the judiciary, incumbent members of the judicial and Bar Council and incumbent court lawyers covered by the Philja Program of Continuing Legal Education iv. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice v. The Solicitor General and the Assistant Solicitor General vi. The Government Corporate Counsel, Deputy and Asssitant Government Corporate Counsel vii. The Chairman and members of the Constitutional Commissions viii. The Ombudsman, the overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office of the Ombudsman ix. Heads of government agencies exercising quasi-judicial functions x. Incumbent deans, bar reviewers and professors of law who have teaching experience for at least 10 years in accredited law schools xi. The Chancellor, Vice chancellor and members of the Corps of Professional Lecturers of Philja xii. Governors and mayors c. Other exempted parties i. Those who are not in law practice, private or public ii. Those who have retired from the practice with the approval of the IBP Board of Governors 8. What is the effect of non-compliance with MCLE requirements a. A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE b. The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the Committee on MCLE

c. Canon 6 These canons shall apply to lawyers in government service in the discharge of their official tasks 9. What are the restrictions against former officials from accepting certain employment? a. A lawyer shall not,after leaving the government service, accept engagement or employment in connection with any matter in which he had intervened while in said service (Rule 6.03, CPR) b. Section 7(b), RA No. 6713 prohibits any former public official or employee for a period of one year after retirement or separation from office to practice his profession in connection with any other matter before the office he used to be with

10. What are the unprofessional acts under Canon 28 of the Canons of Professional Ethics? a. Volunteering advice to bring lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so b. Hunting up defects in titles or other causes of action and informing thereof in order to be employed to bring suit or collect judgement, or to breed litigation by seeking out those claims for personal injuries or those having any other grounds of action in order to secure them as clients c. Employing agents or runners for like purposes d. Paying reward, directly or indirectly, to those who bring or influence the brinigin of such cases to his office e. Remunerating policemen, court or prison officials, physicians, hospital attaches or others who may succeed, under the guise of giving disinterested friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to seek professional services f. Inititating a meeting of the members of a club and inducing them to organize and contest legislation under his guidance g. Purchasing notes to collect them by litigation at a profit h. Furnishing credit reports in expectation of possible employment i. Agreeing with a purchaser of future interests to invest therein in consideration of his services 11. State the duty of a lawyer to defend indigent litigants a. The role of a lawyer is to represent the poor and the underprivileged in pursuing their claims or defending their rights. b. He should not refuse to defend the accused even if he believes that he is guilty c. After all, the guilt or innocence of the accused is best left to the wisdom of the court 12. What are the duties of an attorney under Sec. 20 Rule 138 of the Rules of Court

a. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines b. To observe and maintain the respect due to the courts of justice and judicial officers c. To counsel or maintain such actions or proceedings only as appear to him to be just, and such defences only as he believes to be honestly debatable under the law d. To employ, for the purpose of maintain 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 e. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval f. To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required bythe justice of the cause with which he is charged g. Not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, for any corrupt motive or interest h. Never to reject, for any consideration personal to himself, the cause of the defenceless or oppressed i. In the defense of a person accused of a crime, by all fair and honourable means, regardless of his personal opinion as to 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 13. What are the grounds for disciplinary action under Sec 27, Rule 138? a. Under Section 27, Rule 138 of the Rules of Court, a lawyer may be suspended or disbarred from the practice of law for any of the following grounds i. Deceit ii. Malpractice iii. Gross misconduct in office iv. Conviction of a crime involving moral turpitude v. Grossly immoral conduct vi. Violation of the lawyers oath vii. Willful disobedience to lawful order of the court viii. Corruptly appearing as lawyer for a party without authority to do so ix. Solicitation of cases at law for the purpose of gain either personally or through paid agents or bankers 14. What are the other statutory? a. Acquisition of an interest in the subject matter of the litigation, either thorugh purchase or assignment (Article 1491, Civil Code)

b. Breach of professional duty, inexcusable negligence or ignorance, or for the revelation of the clients secrets (Art. 209. Revised Penal Code) c. Representing conflicting interests (Article 209, Revised Penal Code) 15. What is the general rule as to the suspension or disbarment for misconduct of a lawyer in his non professional or private capacity? What are the exceptions? a. A lawyer may not be suspended or disbarred for misconduct in his non professional or private capacity b. Exception : If the misconduct is so gross to show him to be wanting in moral character, honesty, probity and demeanor 16. Where may a complaint for disbarment be filed? Please state the procedure a. A lawyer may be disbarred or suspended for acts of misconduct from the practice of law in order to preserve the trust and confidence to the legal profession and to protect the public from deceitful lawyers b. Proceedings for disciplinary actions against any lawyer may be initiated and prosecuted by the Integrated Bar of the Philippines (IBP) Board of Governors motu proprio or upon referral by the Supreme Court or by the Board of Officers of an IBP Chapter even if no private individual files any administrative complaint 17. What is now the prevailing Code of Judicial Conduct? a. New Code of Judicial Conduct 18. In case of deficiency or absence of specific provisions in the New Code of Judicial Conduct what rule shall be applicable? a. The Canons of Judicial Ethics and the 1989 Code of Judicial Conduct shall be applicable in a suppletory character 19. When did the New Code of Judicial Conduct become effective? a. June 1, 2004 20. How many Canons does the New Code of Judicial Conduct contain? a. 6 canons i. Canon 1 on independence ii. Canon 2 on integrity iii. Canon 3 on impartiality iv. Canon 4 on Propriety v. Canon 5 on Equality vi. Canon 6 on Competence