Legal Ethics and Judicial Ethics: Answers To Bar Examination Questions (2004-2013)

De La Salle University Manila
College of Law
In partial fulfillment of the requirements for

Problem Areas in Legal Ethics (LAW025M)
Term 2, AY 2013-2014
LEGAL ETHICS AND JUDICIAL ETHICS:

ANSWERS TO BAR EXAMINATION QUESTIONS
(2004-2013)
ARRANGED BY TOPIC
SUBMITTED TO:
Atty. Robert Diokno
SUBMITTED BY:
Caluag, Bon Jeffrey
Conejos, Rafael Lorenzo
Chiongson, Sharlene Anjelica
Chua, Chantal
Cua, Bryan O'Neil
Garcia, Patricia Anne
Haulo, Oilie
Sy, Diana Willen
This project compiles the following works:
The Answers for Bar Examination Questions by the UP LAW COMPLEX (2004-2010)
Answers of the mentioned students for the Bar Examinations 2012 and 2013
Explanation of the mentioned students for the answers to the MCQ Questions for years
2005, 2011, 2012, and 2013
LEGAL AND JUDICIAL ETHICS

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TABLE OF
CONTENTS1
Legal Ethics
A.
1.
Practice of law (Rule 138) ............................................................................................................... 5

Concept .............................................................................................................................................. 5
a)
Practice of Law as Privilege ................................................................................................... 5
b)
Law as a Profession, not business ......................................................................................... 5
c)
Practicing Lawyer and Trial Lawyer ..................................................................................... 6
d)
Defining the Practice of Law ................................................................................................. 6
2.
Qualifications ..................................................................................................................................... 6
3.
Bar Examinations............................................................................................................................... 7
4.
Appearance of non-lawyers ......................................................................................................... 7
5.
a)
Law student practice (Rule 138-A) ...................................................................................... 7
b)
Non-lawyers in courts ............................................................................................................... 9
c)
Non-lawyers in administrative tribunals ............................................................................ 10
Sanctions for practice or appearance without authority .................................................... 10

Persons not lawyers ............................................................................................................................ 10
6.
Public officials and practice of law ........................................................................................... 11

Public officials who cannot practice law or with restrictions ................................................. 11
7.
B.
Lawyers oath ................................................................................................................................... 13

Duties and responsibilities of a lawyer.......................................................................................... 14
CANON 1: Respect for law and legal processes ........................................................................... 15

Duty of Honesty and Morality .......................................................................................................... 15
Duty to Obey the Laws and to Support the Legal System ...................................................... 17
Duty against Barratry and Not to Delay a Mans Cause......................................................... 18
CANON 2: Efficient and convenient legal services ...................................................................... 20
Duty to Shun Vulgar Solicitation...................................................................................................... 20
Duty to Shun Cut-Throat Rates ........................................................................................................ 20
CANON 3: True, honest, fair, dignified and objective information on legal services .......... 21
CANON 4: Participation in the improvement and reforms in the legal system .................... 23
CANON 5: Participation in legal education program.................................................................. 23
CANON 6: Similar application to those in government service ................................................ 23
Bar of the Philippines (Rule 139-A) ..................................................................................................... 26
Membership and dues .......................................................................................................................... 27
Based from the Supreme Court Syllabus for the 2013 Bar Examinations.
Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

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CANON 7: Upholding the dignity and integrity of the profession ............................................. 29
Duty to be Honest in Applying for Admission to the Bar .......................................................... 29
Duty to be Professional and Dignified .......................................................................................... 30
CANON 8: Courtesy, fairness and candor towards professional colleagues ........................ 31
Duty to Refrain from Professional Encroachment ...................................................................... 32
CANON 9: No assistance in unauthorized practice of law......................................................... 33
Duty to Keep a Lawyers work to Lawyers of Good Standing ............................................... 33
Duty to Maintain the Integrity of the Lawyers Fees ................................................................. 34
CANON 10: Candor, fairness and good faith towards the courts ............................................ 34
CANON 11: Respect for courts and judicial officers ..................................................................... 36
CANON 12: Assistance in the speedy and efficient administration of justice ....................... 36
Duty Not to Be Prepared for Trial .................................................................................................... 36
Duty Not to Engage in Forum Shopping ...................................................................................... 37
Duty Against Dilatory Moves............................................................................................................ 37
Duty Not to Present a False Witness............................................................................................... 38
CANON 13: Duty not to influence judges ........................................................................................ 38
CANON 14: Availability of service without discrimination ........................................................... 40
Duty to Render Service Regardless of a Persons Status ......................................................... 40
Duty to as a Counsel de oficio ....................................................................................................... 41
CANON 15: Candor, fairness and loyalty to clients ...................................................................... 42
Duty of Confidentiality ...................................................................................................................... 42
Duty of to Maintain Privileged Communications....................................................................... 43
Duty to Avoid Conflict of Interest ................................................................................................... 45
Duty to Delineate Concurrent practice of another profession ............................................. 49
CANON 16: Clients moneys and properties .................................................................................. 49
Duty to Refrain from Co-mingling of funds .................................................................................. 49
Duty to Deliver Funds ......................................................................................................................... 50
Duty to Not to Lend or Borrow Money from Client .................................................................... 51
CANON 17: Fidelity to clients cause ................................................................................................ 51
CANON 18: Competence and diligence........................................................................................ 52
CANON 19: Representation with zeal within legal bounds ........................................................ 54
CANON 20: Attorneys fees ................................................................................................................. 56
Contingency Fee Arrangements ................................................................................................... 56
Champertous Contracts ................................................................................................................... 57
Attorneys Liens.................................................................................................................................... 58

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Fees and controversies with clients ............................................................................................... 60
Quantum Meruit .................................................................................................................................. 60
CANON 21: Preservation of clients confidences .......................................................................... 61
Prohibited disclosures and use ........................................................................................................ 61
Disclosure, when allowed ................................................................................................................. 62
CANON 22: Withdrawal of services ................................................................................................... 63
Duty to Withdraw only when Allowed by Law ........................................................................... 63
C.
1.
Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court) .......... 64
Nature and characteristics of disciplinary actions against lawyers ................................ 64
Sui generis ............................................................................................................................................. 64
2.
Grounds ............................................................................................................................................. 66
Crime Involving Moral Turpitude..................................................................................................... 66
Anonymous Complaints.................................................................................................................... 67
Failure to Comply with Duties .......................................................................................................... 67
3.
Proceedings ..................................................................................................................................... 68
Effect of Amnesty................................................................................................................................ 69
4.
D.
Discipline of Filipino lawyers practicing abroad .................................................................... 69

Readmission to the Bar ...................................................................................................................... 70
Lawyers who have been repatriated ........................................................................................... 70
E.
Mandatory Continuing Legal Education ...................................................................................... 71

1.
Purpose .............................................................................................................................................. 71
2.
Requirements ................................................................................................................................... 71
3.
Compliance ..................................................................................................................................... 72
4.
Exemptions ....................................................................................................................................... 73
F.
Notarial Practice (A. M. No. 02-8-13-SC, as amended) .......................................................... 74

1.
Qualifications of notary public.................................................................................................... 74

Relative Qualifications....................................................................................................................... 74
2.
Powers and limitations ................................................................................................................... 74
3.
Notarial register ............................................................................................................................... 75
4.
Jurisdiction of notary public and place of notarization ....................................................... 75
5.
Revocation of commission ........................................................................................................... 76
6.
Expiration of commission .............................................................................................................. 76
7.
Competent evidence of identity ................................................................................................ 76

Effect of lack of competent evidence of identity .................................................................... 78
8.
Effect of Lack of Receipt ............................................................................................................... 79


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Sanctions ........................................................................................................................................... 79
G. Canons of Professional Ethics ............................................................................................................ 80
Judicial Ethics
A.
Sources .............................................................................................................................................. 81
1.
New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft) ............ 81
2.
Code of Judicial Conduct ............................................................................................................ 81
CANON 1: Independence ................................................................................................................... 81

CANON 2: Integrity ................................................................................................................................. 83
CANON 3: Impartiality ........................................................................................................................... 84
Duty to be Free from Favor, Bias, or Prejudice ........................................................................... 84
Duty to Restrict Relations with Lawyers ......................................................................................... 85
Duty to Inhibit ....................................................................................................................................... 85
CANON 4: Propriety ............................................................................................................................... 86
CANON 5: Equality ................................................................................................................................. 89
CANON 6: Competence and Diligence.......................................................................................... 91
B.
Discipline of members of the Judiciary ........................................................................................ 92

1. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule
140) ............................................................................................................................................................. 93
2.
Grounds ............................................................................................................................................. 93
3.
Sanctions imposed by the Supreme Court on erring members of the Judiciary ......... 93
C.
Legal Fees (Rule 141) ..................................................................................................................... 94
Manner of payment ............................................................................................................................... 94

D.
Others ..................................................................................................................................................... 95
References:................................................................................................................................................... 96

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[ LEGAL ETHICS ]
A. Practice of law (Rule 138)
1. Concept
a)
Practice of Law as Privilege
[2005]
Atty. Yabang was suspended as a member of the Bar for a period of one (1) year.
During the period of suspension, he was permitted by his law firm to continue working in their
office, drafting and preparing pleadings and other legal documents but was not allowed to
come into direct contact with the firms clients. Atty. Yabang was subsequently sued for illegal
practice of law.
Would the case prosper? Explain. (5%)
The Supreme Court has defined the practice of law as any activity in or out of court,
which requires the application of law, legal principle, practice or procedure and calls for
legal knowledge, training and experience (Cayetano vs. Monsod, 201 SCRA 210 [1991]).
Based on this definition, the acts of Atty. Yabang of preparing pleadings and other legal
documents, would constitute practice of law. More so, if his activities are for the benefit of
his law firm, because the employment of a law firm is the employment of all the members
thereof. The case against him will prosper.
[ALTERNATIVE ANSWER]
The traditional concept of practice of law requires the existence of a lawyer-client
relationship as a requisite. Pursuant to this concept, inasmuch as Atty. Yabang was not
allowed by his law firm to come into direct contact with the firm's clients during the period
of his suspension, he cannot be considered as having engaged in illegal practice of law.
The case against him will not prosper.
b)
Law as a Profession, not business
[2006]
Why is law a profession and not a trade? 2.5%
Law is a profession and not a trade because its basic ideal is to render public service and
secure justice for those who seek its aid. The gaining of a livelihood is only a secondary
consideration."
[2011]
Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which she was
involved by giving her legal advice and preparing a complaint that she eventually filed in court
under her own signature. When the lawyer for the defendant learned of it, he told Ronnie to
desist from practicing law. But he disputed this, claiming that he had not practiced law since he
did not receive compensation from Beth for his help. Is Ronnie correct?
(A) Yes, because he could as a paralegal provide competent legal help to litigants.
(B) Yes, for so long as he did not sign the complaint or appeared as Beths lawyer.
(C) No, unless Beth was ill-advised in filing her complaint in court.
(D) No, because receipt of compensation is not the sole determinant of legal practice.
(D) No, because receipt of compensation is not the sole determinant of legal practice.
The practice of law is any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. It is to give notice or render any kind

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of service, which device or service requires the use in any degree of legal knowledge or skill.
[Cayetano v. Monsod, (1991)]. The receipt of compensation is not necessary to determine if
a person is practicing law.
c)
Practicing Lawyer and Trial Lawyer
[2006]
d)
Is there a distinction between ""practicing lawyer"" and ""trial lawyer""? 2.5%
A practicing lawyer is one engaged in the practice of law which is not limited to the
conduct of cases in court but includes legal advice and counsel, and the preparation of
legal instruments and contracts by which legal rights are secured, although such matter
may or may not be pending in a court [Ulep vs. Legal Clinic, Inc., 223 SCRA 378(1993). A
trial lawyer is one who devotes his practice to handling litigations in court (Cayetano v.
Monsod. 201 SCRA 210 [1991]).
Defining the Practice of Law
[2008]
State, with a brief explanation, whether the lawyer concerned may be sanctioned
for the conduct stated below. [xxx]
b. A suspended lawyer working as an independent legal assistant to gather information and
secure documents for other lawyers during the period of his suspension. (3%) [xxx]
The lawyer may not be sanctioned. Practice of law has been defined as any activity, inside
or outside the courtroom which requires knowledge of the law and procedure (Cayetano v.
Monsod, 201 SCRA 210 [1991]). The act of gathering information and securing documents
for other lawyers, and not a client does not constitute practice of law. Any clerk can be
tasked by a lawyer to perform such services.
However, if these acts will involve the exercise of professional judgment of a lawyer,
the essence of which has been said to be his educated ability to relate the general body
and philosophy of law to a specified legal problem, such acts would constitute practice of
law, and suspended lawyer can be sanctioned for performing them.
2. Qualifications
[2004]
Upon learning from newspaper reports that bar candidate Vic Pugote passed the bar
examinations. Miss Adorable Immediately' lodged a complaint with the Supreme Court, praying
that Vic Pugote be disallowed from taking the oath as a member of the Philippine Bar because
he was maintaining illicit sexual relations with several women other than his lawfully wedded
spouse. However, from unexplained reasons, he succeeded to take his oath as a lawyer. Later.
when confronted with Miss Adorable's complaint formally. Pugote moved for its dismissal on the
ground that it is already moot and academic.
Should Miss Adorable's complaint be dismissed or not? Explain briefly. (5%)
It should not be dismissed. Her charge involves a matter of good moral character which is
not only a requisite for admission to the Bar, but also a continuing condition for remaining a
member of the Bar. As such, the admission of Vic Pugote to the Bar does not render the
question moot and academic.
[2011] Lee became a lawyer in 1988 under a claim that he is a Filipino like his parents. Efren
sought Lees disbarment on the ground that he really is a Chinese. To prove he is a Filipino, Lee
cited an Albay regional trial courts final judgment in an action to recover real property which

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mentioned his citizenship as Filipino. This final judgment resulted in the correction of his birth
records in a separate special proceeding to show he is a Filipino, not Chinese as there stated. Is
Lees claim to Filipino citizenship valid?
(A) No, since the mention of his citizenship in the land case was just incidental.
(B) No, since those rulings were not appealed to the Supreme Court.
(C) Yes, because the rulings in his favor have become final and executory.
(D) Yes, since his parents are Filipinos based on what he said in his bar exam petition.
(A) No, since the mention of his citizenship in the land case was just incidental. Sec. 2 Rule
183, ROC requires that: "Every applicant for admission as a member of the bar must be a
citizen of the Philippines, at least twenty-one years of age, of good moral character, and a
resident of the Philippines; and must produce before the Supreme Court satisfactory
evidence of good moral character, and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in the Philippines.
[2013]
Miguel Jactar, a fourth year law student, drove his vehicle recklessly and hit the rear
bumper of Simplicio Medrosos vehicle. Instead of stopping, Jactar accelerated and sped
away. Medroso pursued Jactar and caught up with him at an intersection.
In their confrontation, Jactar dared Medroso to sue, bragged about his connections with the
courts, and even uttered veiled threats against Medroso. During the police investigation that
followed, Medroso learned that Jactar was reviewing for the Bar examinations.
Under these facts, list and justify the potential objections that can be made against Jactars
admission to the practice of law. (8%)
Under these facts, the following potential objections can be made against Jactars
admission to the practice of law:
First, it may be alleged that Jactar does not possess the moral character required to
be admitted to the practice of law. His act of driving recklessly, attempting to commit a hit
and run, and his arrogance typifies behavior of those without good moral character. In
particular, his arrogance about his connections and utterance of veiled threats against
Medroso reveals his lack of good moral character.
Second, if the police investigation progresses into an actual case, Jactars admission
to the practice of law may be objected to on the ground that a charge against him,
involving moral turpitude, have been filed or is pending in a court in the Philippines.
3. Bar Examinations
[2009]
What is the object of the bar examinations? Explain. (2%)
Public policy demands that any person seeking admission to the bar in the Philippines be
required to furnish satisfactory proof of his knowledge of the law and ethical standards and
of his possession of such degree of learning and proficiency in law as may be deemed
necessary for the due performance of the duties of a lawyer.
4. Appearance of non-lawyers
a)
Law student practice (Rule 138-A)
[2009]
What is the student practice rule? (2%)
The Student Practice Rule (Rule 138-A) is the Rule authorizing a law student who has
successfully completed his 3rd year of the regular four-year prescribed law curriculum, and

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is enrolled in a recognized law schools clinical educational program approved by the
Supreme Court, without compensation, in any civil, criminal, or administrative case before
any trial court, tribunal, board or officer, to represent indigent clients accepted by the Legal
Clinic of the law school, under the direct supervision and control of a member of the IBP
duly accredited by the law school.
[2006]
Enumerate the instances when a law student may appear in court as counsel for a
litigant. 2.5%
A law student who has successfully completed his 3rd year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without compensation
in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to
represent indigent clients accepted by the legal clinic of the law school.
Bar Matter 730 of 1997 states that the rule clearly states that the appearance of the
law student shall be under the direct control and supervision of a member of the Integrated
Bar of the Philippines duly accredited by law schools. For inferior court (those below RTC), a
law student may appear as an agent or friend of a party without the supervision of a
member of the bar.
Sec. 33. Rule 138. Revised Rules of Court also states that the law authorizes a person
to appear for the Government of the Philippines in:
[xxx] Remote municipalities where members of the bar are not available. The judge
of an inferior court may appoint a non-Iawyer who is a resident the province and of
good repute for probity and ability to aid the defendant in his defense (Sec. 4. Rule
116. Revised Rules of Court); A law student may appear before the National Labor
Relations Commission or any Labor Arbiter if he represents himself as (a) party to the
case (b) he represents an organization or its members with written "
[2012]
Debbie, topnotcher of their class, is now on her 4th year law studies and has enrolled
in the legal aid clinic of the law school. She was assigned to handle a domestic violence and
support case filed by their client against her husband. During the hearing, the clinic's
supervising attorney introduced Debbie to the Branch Clerk of Court and then left to oversee
another intern. In the midst of the proceedings, opposing counsel objected to the appearance
of Debbie because she is not yet a lawyer. Decide.
(A) Debbie can proceed because the law student practice rule allows a student who has
finished 3rd year of the regular course to appear without compensation before a trial
court.
(B) Debbie can proceed since she is appearing only during the trial and did not sign the
pleadings.
(C) Debbie cannot proceed without the presence of their clinic's supervising attorney.
(D) Debbie has proven her capability to handle the case and opposing counsel is objecting
only now because he might lose to a law student.
(C) Debbie cannot proceed without the presence of their clinic's supervising attorney.
Rule 138-A, SEC. 2. Appearance. - The appearance of the law student authorized by this
rule, shall be under the direct supervision and control of a member of the Integrated Bar of
the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must be signed by the supervising attorney for and
in behalf of the legal clinic. BAR MATTER NO. 730, June 13, 1997: IN VIEW WHEREOF, we
hold that a law student appearing before the Regional Trial Court under the authority of
Rule 138-A must be under the direct control and supervision of a member of the Integrated
Bar of the Philippines duly accredited by the law school and that said law student must be
accompanied by a supervising lawyer in all his appearance.

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b)
Non-lawyers in courts
[2009]
May a party appear as his own counsel in a criminal or in a civil case? Explain. (3%)
A party may appear as his own counsel in civil cases (Sec. 34, Rule 138). However, in
criminal cases involving grave and less grave offenses, he must always appear through
counsel.
A party may appear without his own counsel before the Municipal Trial Court,
whether or not for a civil or criminal case. In Regional Trial Court or Appellate Courts, a party
in a civil suit may conduct his own litigation either personally or by attorney unless the party
is a juridical person.
However, with respect to criminal proceedings in the said tribunals, the right to
counsel of an accused is absolute or immutable. It has never been considered subject to
waiver. (Flores v. Ruiz, 90 SCRA 428 [1979]).
[2012]
Atty. Magtanggol of the PAO was assigned to defend X who is accused of Slight
Physical Injury before the MTC of a far-flung town. During the trial, P02 Tulco appeared in court
on behalf of the complainant. Atty. Magtanggol objected to his appearance since the
policeman is not a member of the Bar.
(A) The objection is valid. It should be the public prosecutor who should prosecute the
criminal action.
(B) Atty. Magtanggol is just afraid that his client may be convicted through the efforts of a
non-lawyer.
(C) In the courts of a municipality, a party may conduct his litigation in person or with the
aid of an agent or friend.
(D) If a public prosecutor is not available, at least a private prosecutor who must be a
lawyer should be designated.
(A) The objection is valid. It should be the public prosecutor who should prosecute the
criminal action.
Rule 138. Sec. 34. By whom litigation conducted. - In the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend appointed by
him for that purpose, or with the aid of an attorney. In any other court, a party may conduct
his litigation personally or by aid of an attorney, and his appearance must be either
personal or by a duly authorized member of the bar.
[2012]
Bong Tupak, a second year law student, was charged in the RTC for Forcible
Abduction with Rape. Having knowledge of criminal law and procedure, he dismissed the
counsel de oficio assigned and appeared for himself. He asserted that there was lack of force.
Eventually, the RTC found him guilty of Consented Abduction and imposed the penalty. Bong
Tupak now assails the decision, saying that there was a violation of due process because he
was allowed to appear by himself and he did not know that Consented Abduction is a crime.
Decide.
(A) An accused before the RTC may opt to defend himself in person and he cannot fault
others for his decision.
(B) The RTC should have appointed a counsel de oficio to assist the accused even if not
sought or requested by the accused.
(C) There was violation of due process. There is disparity between the expertise of a public
prosecutor and the inexperience of a 2nd year law student.
(D) A 2nd year law student has sufficient knowledge of criminal law and procedure, hence,
he is competent to defend himself.

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c)
(B) RTC should have appointed a counsel de oficio to assist the accused even if not sought
or requested by the accused.
One of the great principles of justice guaranteed by our Constitution is that "no person shall
be held to answer for a criminal offense without due process of law", and that all accused
"shall enjoy the right to be heard by himself and counsel." In criminal cases there can be no
fair hearing unless the accused be given the opportunity to be heard by counsel. The right
to be heard would be of little avail if it does not include the right to be heard by counsel.
Even the most intelligent or educated man may have no skill in the science of the law,
particularly in the rules of procedure, and, without counsel, he may be convicted not
because he is guilty but because he does not know how to establish his innocence. And this
can happen more easily to persons who are ignorant or uneducated. It is for this reason that
the right to be assisted by counsel is deemed so important that it has become a
constitutional right and it is so implemented that under our rules of procedure it is not
enough for the Court to apprise an accused of his right to have an attorney, it is not enough
to ask him whether he desires the aid of an attorney, but it is essential that the court should
assign one de oficio if he so desires and he is poor grant him a reasonable time to procure
an attorney of his own. People vs. Frisco Holgado. (G.R. No. L-2809
March 22, 1950)
Non-lawyers in administrative tribunals
[2011]
Eric, a labor federation president, represented Luisa, a dismissed WXT employee,
before the NLRC. Atty. John represented Luisa's two complainants. In due course, the NLRC
reinstated the three complainants with backwages and awarded 25% of the backwages as
attorneys fees, 15% for Atty. John and 10% for Eric, a non-lawyer. When WXT appealed to the
Court of Appeals, Atty. John questioned Erics continued appearance before that court on
Luisas behalf, he not being a lawyer. Is Eric's appearance before the Court of Appeals valid?
(A) Yes, for Eric has a personal stake, the fees awarded to him, in defending the NLRC's
decision in the case.
(B) No, since John can very well represent Luisa, she being in the same situation as his
own clients.
(C) No, because the representation of another in courts can be entrusted only to
lawyers.
(D) Yes, since that appeal is a mere continuation of the labor dispute that began at the
NLRC.
(C) No, because the representation of another in courts can be entrusted only to lawyers.
Art. 222, PD 442, Labor Code provides that a non-lawyer may appear if they represent any
members of their organization. However, this is only applicable if they appear before the
NLRC and any Labor Arbiter. It does NOT APPLY if the appearance is made before the Court
of Appeals. Hence, the general rule, which states that only those who are licensed to
practice law can appear and handle cases in court, should apply in appearances before
the Court of Appeals.
5. Sanctions for practice or appearance without authority

Persons not lawyers
[2006]
Which of the following acts does not constitute a ground for disbarment? Explain.
2.5%
1. Gross misconduct

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2.
3.
4.
5.
6.
7.
Fraudulent misrepresentation
Grossly immoral conduct
Violation of the Lawyer's 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
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.
[2008]
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. (3%) [xxx]
The lawyer may be sanctioned. A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of the bar in
good standing (Rule 9.03, CPR).
6. Public officials and practice of law

Public officials who cannot practice law or with restrictions
[2011]
Atty. Eliseo represented Allan in a collection suit against the Philippine Charity
Sweepstakes Office (PCSO). After his election as sangguniang bayan member, the court
rendered a decision in PCSOs favor. Still, Atty. Eliseo appeared for Allan in the latters appeal,
prompting the PCSO to question his right to do so. In response, Atty. Eliseo claimed that the
local government code authorizes him to practice law as long it does not conflict with his
duties. Is Atty. Eliseo right?
(A) No, because he cannot appear against a government instrumentality in a civil case.
(B) Yes, because his official duties do not conflict with his private practice.
(C) No, because he works on his private case at the sacrifice of public service.
(D) Yes, because he does not appear in the case as a municipal official.
A. No, because he cannot appear against a government instrumentality in a civil case.

Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice
their professions provided that if they are members of the Bar, they shall not: (1) appear as
counsel before any court in any civil case wherein a local government unit or any office,
agency, or instrumentality of the government is the adverse party; [xxx]
[2011]
Provincial Governors and Municipal Mayors who are lawyers are MCLE exempt
because
(A) they handle cases of their constituents for free.
(B) the Local Government Code prohibits them from practicing their profession.
(C) they are rendering public service.
(D) As experts in local governance, it may be assumed that they are updated on legal
developments.
(B) the Local Government Code prohibits them from practicing their profession.

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SECTION 90. Practice of Profession. - (a) All governors, city and municipal mayors are
prohibited from practicing their profession or engaging in any occupation other than the
exercise of their functions as local chief executives.
[2012]
Atty. Fred is a law practitioner and headed a law firm bearing his name and those of
his partners. When Atty. Fred was elected as Congressman, his client's needs were handled by
the other partners. Later, A, a newly proclaimed congressman-friend , faced an election protest
before the HRET, and sought the help of Congressman Fred who immediately directed his law
firm to appear for A. 8, the protestant, sought the disqualification of Congressman Fred's law firm
from appearing before the HRET because Congressman Fred is prohibited from practicing his
profession. Decide.
(A) Yes, Congressman Fred's law firm is disqualified because Congressman Fred may
exercise undue influence on his peers who are members of HRET.
(B) No, the law firm is not disqualified because it is another partner, and not Congressman
Fred who is appearing.
(C) No, the prohibition is on Congressman Fred from personally appearing, and not to his
partners.
(D) Yes, the spirit of the prohibition is clearly to avoid influence and cannot be indirectly
circumvented.
partners.
No, the prohibition is on Congressman Fred from personally appearing, and not to his
partners. (Canon 3.03 related to Article VI Sec. 14 of the 1987 Constitution, note that the
prohibition is personally to the member of the Congress and not to his firm or colleagues.)
[2012]
Vice-Mayor Ron is a well-loved law practitioner because he assists his constituents,
especially the indigents. Ed, one of his friends who is employed as Cashier in the Register of
Deeds, sought his assistance because he was charged with Malversation in court. Can ViceMayor Ron appear as counsel of Ed?
(A) Yes, members of the Sanggunian are allowed to practice their profession.
(B) No, because Ed is charged with an offense in relation to his office.
(C) Yes, since the position of Ed does not pertain to the local government.
(D) No, because all criminal cases are against the government.
Canon 3.03 related to Section 90 of the Local Government Code; Sanggunian members may
practice their legal profession but cannot appear for certain situations and one is where the
accused is a government employee charged with criminal offense by reason/ in relation to
his/her office)
[2012]
Atty. Noe was elected Vice-Governor and continued with his law practice. Later, the
governor went on sick leave for one (1) year and Atty. Noe was designated as Acting Governor.
Since hearings have already been set, can Atty. Noe continue appearing as counsel in the
cases handled by him?
(A) Yes, because his election is only as Vice-Governor, and his delegation as Governor is
only temporary.
(B) Yes, but only for the hearings that have already been set.
(C) Yes, provided Atty. Noe seeks the permission of DILG.
(D) No, all governors- even under acting capacity- are prohibited from exercising their
profession.
No, all governors- even under acting capacity- are prohibited from exercising their
profession

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Canon 3.03 Related to Section 90 of the Local Government Code, the code states All
governors, city and municipal mayors are prohibited from practicing their profession or
engaging in any occupation other than the exercise of their functions as local chief
executives.
[2012]
Atty. Dude is the COMELEC Officer in a very distant municipality. He is the only
lawyer in that area. When election period is over, he has much spare time. Many people go to
him for counseling, legal advice, preparation of documents of Sale, Mortgage and the like. He
does not charge a fee in money, but he receives gifts which are offered. Is there impropriety?
(A) Yes, giving legal advice and preparing legal documents, even if free, constitutes private
practice of law, which is prohibited of government employees.
(B) No, it is only giving of advices, and not court appearance.
(C) Yes, because Atty. Dude accepts gifts.
(D) No, since Atty. Dude does not accept money
(A)Yes, giving legal advice and preparing legal documents, even if free, constitutes private
practice of law, which is prohibited of government employees.
Practice of law is defined as defined as giving advice or rendering any kind of service that
involves legal knowledge or skill. The practice of law is not limited to the conduct of cases in
court. It includes legal advice and counsel, and the preparation of legal instruments and
contracts by which legal rights are secured, although such matter may or may not be
pending in a court. [Ulep vs. Legal Clinic, Inc., 223 SCRA 378(1993))
7. Lawyers oath
[2006]
What are the primary duties imposed by the Lawyer's Oath upon every member of the Bar? 5%
a. Maintain allegiance to the Republic of the Philippines, support its Constitution and obey
the laws as well as legal orders of duly constituted authorities;
b. Do no falsehood nor consent to the doing of any in court;
c. Not to wittingly or willingly promote or sue any groundless, false or unlawful suit or give
aid nor consent to the same;
d. Delay no man for money or malice;
e. To conduct himself as a lawyer according to the best of his knowledge and discretion,
with till good fidelity as well to the court as to his clients (Rule .138, Sec. 3 Rules of
Court).
[2009]
Write the complete text of the attorneys oath. (5%)
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will
support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or
give aid nor consent to the same; I will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my knowledge and discretion, with all good
fidelity as well to the courts as to my clients; and I impose upon myself these voluntary
obligations without any mental reservation or purpose of evasion. So help me God.
[2013]
The following are duties of a lawyer but only one of these is expressly stated in the
Lawyers Oath. Choose the express duty that the Oath contains. (1%)
(A) To maintain a respectful attitude towards the courts.
(B) To uphold the honor and dignity of the legal profession.
(C) To act with courtesy, candor and fairness toward other lawyers.

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(D) To do no falsehood, nor consent to the doing of any in court.
(E) To respect the courts and uphold the dignity of the profession.
(D) To do no falsehood, nor consent to the doing of any in court.

It is expressly provided for in the Lawyers Oath that I will do no falsehood, nor consent to
the doing of any in court.
B. Duties and responsibilities of a lawyer

[2007]
What are the duties of an attorney?
Suggestion 1:
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. To maintain allegiance to the Republic of the Philippines;
2. To support its Constitution;
3. To obey the laws as well as the legal orders of the duly constituted authorities
therein;
4. To do no falsehood, nor consent to the doing of any in court;
5. To avoid wittingly or unwittingly promoting or suing any groundless, false or unlawful
suit, nor give aid or consent to the same;
6. To delay no man for money or malice;
7. 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.
Suggestion 2:
Section 20. Duties of attorneys. It is the duty of an attorney:
(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 defenses only as he believes to be honestly debatable under the law.
(d) 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;
(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 client's 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 by the 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 man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) 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.
1.
To Society (Canon 1-6)


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CANON 1: Respect for law and legal processes

Duty of Honesty and Morality
[2008]
f. An unwed female lawyer carrying on a clandestine affair with her unwed male hairdresser.
(3%) [xxx]
She may not be sanctioned. In Soberano v. Villanueva (6 SCRA 891 [1962]), the Supreme
Court held that intimacy between a man and a woman who are of age and are not
disqualified from marrying each other is neither so corrupt as to constitute a criminal act
nor so unprincipled as to warrant disbarment or disciplinary action against the man as a
member of the Bar.
[2009]
Cliff and Greta were law school sweethearts. Cliff became a lawyer, but Greta
dropped out. One day, Cliff asked Greta to sign a marriage contract. The following day, Cliff
showed Greta the document already signed by an alleged solemnizing officer and two
witnesses. Cliff then told Greta that they were already married and Greta consented to go on a
honeymoon. Thereafter, the couple cohabited and begot a child. Two years later, Cliff left Greta
and married a Venezuelan beauty. Incensed, Greta filed a disbarment complaint against Cliff.
Will the case prosper? Explain. (4%)
The disbarment case will prosper. In the case of Cabrera v. Agustin, 106 Phil. 256 (1959), a
lawyer who deceived a woman to believe that they were already married after they had
signed an application for a marriage license, and afterwards took advantage of her belief
to satisfy his lust, until she bore him a child, was considered by the Supreme Court to be
lacking in integrity and good moral character to remain a member of the bar.
[2009]
Atty. Hyde, a bachelor, practices law in the Philippines. On long weekends, he dates
beautiful actresses in Hong Kong. Kristine, a neighbor in the Philippines, filed with the Supreme
Court an administrative complaint against the lawyer because of sex videos uploaded through
the internet showing Atty. Hydes sordid dalliance with the actresses in Hong Kong.
In his answer, Atty. Hyde (1) questions the legal personality and interest of Kristine to
institute the complaint and (2) insists that he is a bachelor and the sex videos relate to his
private life which is outside public scrutiny and have nothing to do with his law practice.
Rule on the validity of Atty. Hydes defenses. (5%)
a (xxx)
b. Atty. Hydes second defense is untenable. His duty not to engage in unlawful, dishonest,
immoral, and deceitful conduct under Rule 1.01 of the CPR, as well as his duty not to
engage in scandalous conduct to the discredit of the legal profession under Rule 7.03 is
applicable to his private as well as to his professional life.
[2010]
Atty. XX rented a house of his cousin JJ on a month-to-month basis He left for a 6
month study in Japan without paying his rentals and electric bills while he was away despite JJ's
repeated demands. Upon return to the Philippines, Atty XX still failed to settle his rental
arrearages and electric bills, drawing JJ to file an administrative complaint against Atty XX. Atty
XX contended that his non-payment of the rentals and bills to his cousin is a personal matter
which has no bearing on his profession as a lawyer and, therefore, he did not violate the code
of professional responsibility.
A. Is atty XX contention correct? Explain (3%)

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B. Cite two specific Rules in the CPR, violation of which subjects a lawyer to disciplinary
action by the SC although the acts complained of are purely personal or private
activities that do not involve the practice of law
A. No, in a case involving the same facts, the SC held that having incurred just debts, a
lawyer has the moral duty and legal responsibility to settle them when they become
due. "Verily, lawyers must at all times faithfully perform their duties to society, to the bar,
to the court and to their clients. As part of their duties they must promptly pay their
financial obligations" (Wilson Cham vs. Atty. Eva Pata-Moya, 556 SCRA 1[2008]).
B. Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral and deceitful
conduct"
Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor should he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
[2011]
Atty. Ramon borrowed his clients (Menchu) land title. After eight months, Menchu
demanded its return but he failed to comply and changed his residence. After Menchu tracked
him down, she confronted him about the title. He then offered to just buy the property and gave
her five checks for it but these bounced. Charged with malpractice, Atty. Ramon answered that
his license to practice law cannot be in issue. He merely incurred civil liability for a failed
transaction. Will the malpractice action prosper?
(A) No, because his failure to pay his obligation only makes him civilly liable.
(B) No, since Menchu did not transact business with Atty. Ramon as a lawyer.
(C) Yes, because it is professionally reprehensible for a lawyer to be unavailable to a person
in need.
(D) Yes, he having taken advantage of Menchu who was not fully protected and had no
independent advice.
(D) Yes, he having taken advantage of Menchu who was not fully protected and had no
independent advice.
A lawyers immoral conduct, even in his personal capacity, can still be a ground for
disbarment. "Verily, lawyers must at all times faithfully perform their duties to society, to the
bar, to the court and to their clients. As part of their duties they must promptly pay their
financial obligations" (Wilson Cham vs. Atty. Eva Pata-Moya, 556 SCRA 1[2008])
[2012]
Atty. Aimee was convicted by final judgment of Estafa Thru Falsification of a
Commercial Document, a crime involving moral turpitude. What is the appropriate penalty?
(A) Disbarment
(B) Indefinite suspension
(C) Suspension for three (3) years
(D) Admonition
(A) Disbarment
The crime of estafa which respondent had committed involves moral turpitude. No
elaborate argument is necessary to hold the respondent unworthy of the privilege
bestowed on him as a member of the bar. Suffice it to say that by his conviction, the
respondent has proved himself unfit to protect the administration of justice. (In The Matter
of Disbarment Proceedings v. Narciso N. Jaramillo, Adm. Case No. 229, 30 April 1957)

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[2012]
Victor has been legally separated from his wife, Belen for fifteen (15) years. He has
found true love and happiness with Amor and they lived together as husband and wife. Amor
convinced Victor to study law and gave him financial support. Recently, Victor passed the 2011
Bar Examinations. Upon knowing this, Belen filed a complaint against Victor for immorality.
Should Victor be allowed to take oath as an attorney?
(A) Yes, his relationship with Amor is imbued with genuine love and cannot be considered
immoral and indecent.
(B) Yes, legal separation does not allow the spouses to remarry.
(C) No, because legal separation does not dissolve the marriage and, therefore, Victor's
relationship with Amor is still considered illicit.
(D) Yes, it is totally unfair for Belen to complain since they have lived separate lives.
(B) Yes, legal separation does not allow the spouses to remarry.
Yes, legal separation does not allow the spouses to remarry. (Alternative answer since in the
problem, there was no subsequent marriage)
(ALTERNATIVE ANSWER)
(C) No, because legal separation does not dissolve the marriage and, therefore, Victor's
relationship with Amor is still considered illicit.
No, because legal separation does not dissolve the marriage and, therefore, Victor's
relationship with Amor is still considered illicit. (Canon 1.01; Vitug v. Roncal AC No. 6313,
2006, where extra-marital affair si considered illicit and immoral)"
Duty to Obey the Laws and to Support the Legal System

[2011]
Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk of
court, if the case records have already been remanded to the MTC as the Court of Appeals
directed. Lisa said no, saying that the RTC had not yet received a certified copy of the Court of
Appeals decision. When Lisa suggested that Atty. Anthony first secure such a copy, the latter
scolded her. Shamed by this, Lisa filed a disciplinary action against him for encroaching on the
work of the lawyers of record. Anthony defends his follow-up action by claiming good faith and
the possibility of entering his appearance later. Is Anthony liable for his record follow up?
(A) Yes, because he did not inform Lisa of the basis of his interest in the case.
(B) Yes, because none of the parties to the case authorized him to do such follow-up.
(C) No, because he acted in good faith with a view to a possible retainer.
(D) No, because following up the records of any case does not constitute practice of law.
(B) Yes, because none of the parties to the case authorized him to do such follow-up.
Rule 1.02 provides that: a lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system
[2011]
After hearing in a sensational criminal case, counsel for the accused told television
viewers how the judge unfairly ruled to stop his witness from testifying fully about certain aspects
of the case that would help the accused. Counsel said that the public should know the injustice
to which his client was being subjected. Can counsel be disciplined for his utterances?
(A) Yes, because rather than defend the judicial system as was his duty, he attacked it.
(B) No, since counsel did not use obscene language.
(C) No, so long as counsel did not knowingly make false statements or act in reckless
disregard of truth.
(D) Yes, even if the judge may have actually made unfair rulings in the course of trial.

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(C) No, so long as counsel did not knowingly make false statements or act in reckless
disregard of truth.
A lawyer is an officer of the court and he/she has the duty to refrain from doing any act that
will reduce peoples confidence in the legal system. However, it does not prohibit the
lawyer from stating the true matters on what happened to his clients case during the
proceedings.
[2013]
Wanda finally became pregnant in the 10th year of her marriage to Horacio. As her
pregnancy progressed, she started having difficulty breathing and was easily fatigued. The
doctors diagnosed that she has a heart congestion problem dueto a valve defect, and that her
chances of carrying a baby to full term are slim. Wanda is scared and contemplates the
possibility of abortion. She thus sought legal advice from Diana, a lawyer-friend and fellow
church member, who has been informally advising her on legal matters.
What is Dianas best ethical response? (1%)
(A) Beg off from giving any advice because it is a situation that is not purely legal.
(B) Advise Wanda on the purely legal side of her problem and assure her that abortion is
allowed by law if the pregnancy endangers the life of the mother.
(C) Advise that it is a religious problem before it is a medical or legal one, and Wanda
should consult and follow the advice of her religious confessor.
(D) Advise Wanda that abortion, above everything else, is a moral problem and she should
only have an abortion if it is an act she can live with.
(E) Refrain from giving any kind of advice as abortion is a serious matter that cannot be
resolved through informal consultations with friends and fellow church members.
(B) Advise Wanda on the purely legal side of her problem and assure her that abortion is
allowed by law if the pregnancy endangers the life of the mother.
A lawyer, when asked for legal advice shall always obey the laws of the land and promote
respect for law and for legal processes. This is enshrined in Canon 1. Furthermore Rule 1.02
provides that a lawyer shall not counsel or abet activities aimed at defiance of the law.
Abortion is illegal as a general except when the pregnancy endangers the life of the
mother. She should not counsel her on different things other than that for the client is asking
for legal advice and not spiritual.
Duty against Barratry and Not to Delay a Mans Cause

[2011]
Atty. Melissa witnessed the car accident that resulted in injury to Manny, a friend of
hers. While visiting him at the hospital, she advised him about what action he needed to take
regarding the accident. Is Atty. Melissa subject to disciplinary action if she eventually handles
the case for him?
(A) No, because Melissa did not directly volunteer her services.
(B) No, because Manny happened to be a friend.
(C) Yes, she engaged in typical ambulance chasing.
(D) Yes, because she should have offered her services for free.
(B) No, because Manny happened to be a friend.

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Rule 1.04 of the Code of Professional Ethics states that a lawyer shall encourage his clients
to avoid, end or settle the controversy if it will admit of a fair settlement. As such, the act of
ambulance chasing or chasing after the victims of an event to solicit legal business is
prohibited. Here, it cannot be presumed that the lawyer intentionally visited her friend to
solicit legal business.
[2013]
You are a lawyer working at the Office of the Special Prosecutor and you are part of
the team handling the case against former Senator Avido who is charged with plunder. Based
on your assessment of the evidence that the complainant Linda submitted, you know that the
case against former Senator Avido is weak, although you instinctively feel that he is guilty. You
inform your friend Atty. Curioso (who works with the office of Senator Elmismo, a known political
rival of Senator Avido) regarding your instinctive feeling about Senator Avido. Atty. Curioso
springs a surprise by giving you a recording of the wiretapped conversation between Senator
Avido and Napo, a private party co-accused, about the transaction complained of and how
they would split the proceeds.
What will you do under these circumstances? (1%)
(A) Disregard the wiretapped conversation as it is inadmissible and will not serve any useful
purpose in the trial of the case.
(B) Present the wiretapped conversation in court; although inadmissible, its introduction and
the disclosure of its existence is a right that the public is entitled to.
(C) Leak the wiretapped conversation to the media, to let the public know what really
happened.
(D) Submit the wiretapped conversation to the Senate which is in the best position to
determine what to do with it.
(E) Let Napo privately know, through 3 rd parties, that you are aware of the existence of the
taped conversation, with the hint that he can still hope for a lighter penalty if he would
cooperate.
(A) Disregard the wiretapped conversation as it is inadmissible and will not serve any useful
purpose in the trial of the case.
This is in line with the Lawyers Oath, Canon 1, and the duty of an attorney to uphold the laws
of the land. Wiretapping is contrary to law and is not admissible as evidence under the
exclusionary doctrine enshrined in the Bill of Rights of the Constitution.
[2013]
Armin, holding a transfer certificate of title to a lot in downtown Calamba in the
name of Bobby, shows you the title and claims that Bobby sold him the lot. He then asks you to
draft a deed of sale covering the transaction. In reply to your query on where Bobby is, Armin
explains that Bobby is currently out of the country but he (Armin) has his general power of
attorney which he also shows to you. The power of attorney empowers Armin to do everything
that Bobby can do with the Calamba lot, but you note that it does not specifically authorize
Armin to sell the property. Armin also assures you that he wants the deed of sale drafted so he
can send it to Bobby for his signature even while overseas.
How will you act under the given circumstances? (1%)
(A) Agree to draft the deed of sale, subject to your usual 10%commission.
(B) Refuse to draft the deed of sale, as Armin has not presented a special power of attorney
that would support the deed that he is asking you to prepare.
(C) Refuse to draft the deed of sale, as Bobby is not present to sign the deed of sale and
verify that he is indeed selling his lot to Armin.

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(D) Agree to draft the deed of sale, since it is only a draft that Bobby still has to consider
and sign.
(E) Refuse to have anything to do with Armins request because it is a potentially
problematic situation given the price of lots in downtown Calamba.
(B) Refuse to draft the deed of sale, as Armin has not presented a special power of
attorney that would support the deed that he is asking you to prepare.
Under Canon 1, lawyers are required to follow and uphold the law. Under Article 1878
(5) of the New Civil Code, a special power of attorney is required To enter into any
contract by which the ownership of an immovable is transmitted or acquired either
gratuitously or for a valuable consideration. This case involves a transfer of property for
valuable consideration or a contract of sale over a lot which is an immovable. Thus a
special power of attorney is required
CANON 2: Efficient and convenient legal services

Duty to Shun Vulgar Solicitation
[2013]
As a new lawyer, Attorney Novato started with a practice limited to small claims
cases, legal counselling, and notarization of documents. He put up a solo practice law office
and was assisted by his wife who served as his secretary/helper. He used a makeshift hut in a
vacant lot near the local courts and a local transport regulatory agency. With this strategic
location, he enjoyed heavy patronage assisting walk-in clients in the preparation and filing of
pleadings and in the preparation and notarization of contracts and documents. He had the
foresight of investing in a good heavy duty copier machine that reproduces quality documents,
and charges a reasonable fee for this service. He draws electric power from an extension wire
connected to an adjoining small restaurant. He put up a shingle that reads: "Atty. Novato,
Specialist in Small Claims, Fastest in Notarization; the Best and Cheapest in Copier Services."
Is Attorney Novatos manner of carrying out his professional practice i.e., mixing business
with the practice of law, announcing his activities via a shingle and locating his office as
above-described in keeping with appropriate ethical and professional practice? (8%)
Atty. Novatos manner of carrying out his professional practice is considered as unethical
and unprofessional. Canon 3 of CPR provides that: a lawyer, in making known his legal
services shall use only, true, honest, fair, dignified and objective information or statements of
facts. Bloating of ones credentials with self-praise or exaggerated description is deception.
The self laudation prohibited is that which creates an unjustified expectation about results
the lawyers can achieve.
The lawyer may not announce the successful results he has obtained on behalf of his
clients because PAST performance of a lawyer is not an indication of results in legal action.
Also, according to Rule 2.03 of the CPR provides that: a lawyer shall not do or
permit to be done any act designed primarily to solicit legal business The lawyer should not
advertise his talents or skill as a merchant advertises his wares. The lawyer should resort to
dignified solicitation. It should be made in a modest and decorous manner.
Duty to Shun Cut-Throat Rates

[2005]
A businessman is looking for a new retainer. He approached you and asked for your
schedule of fees or charges. He informed you of the professional fees he is presently paying his
retainer, which is actually lower than your rates. He said that if your rates are lower, he would
engage your services.

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Will you lower your rates in order to get the client? Explain. (5%)
No, I would not: Rule 2.04 of the Code of Professional Responsibility provides that "a lawyer
shall not charge rates lower than those customarily prescribed unless circumstances so
warrant." This is aimed against the practice of "cutthroat competition" which is not in
keeping with the principle that the practice of law is a noble profession and not a trade.
Moreover, if he agrees, he would be encroaching on the employment of a fellow lawyer,
which is prohibited by Rule 8.02 of the Code.
CANON 3: True, honest, fair, dignified and objective information on legal services
[2012]
Atty. Nelson recently passed the Bar and wanted to specialize in marine labor law.
He gave out calling cards with his name, address and telephone number in front, and the
following words at the back: ""We provide legal assistance to overseas seamen who are
repatriated due to accident, illness, injury, or death. We also offer FINANCIAL ASSISTANCE.""
Does this constitute ethical misconduct?
(A) No, clients have freedom in the selection of their counsel.
(B) No, use of a professional card is a lawful way of announcing his services as a
professional.
(C) Yes, because the offer of financial assistance is an undignified way of luring clients.
(D) Yes, because the offer of assistance is stated at the back.
(C) Yes, because the offer of financial assistance is an undignified way of luring clients.
This situation is similar to the case of Linsangan vs. Tolentino wherein the Court stated that:
Labianos calling card contained the phrase with financial assistance. The phrase
was clearly used to entice clients (who already had representation) to change
counsels with a promise of loans to finance their legal actions. Money was dangled
to lure clients away from their original lawyers, thereby taking advantage of their
financial distress and emotional vulnerability. This crass commercialism degraded the
integrity of the bar and deserved no place in the legal profession. However, in the
absence of substantial evidence to prove his culpability, the Court is not prepared
to rule that respondent was personally and directly responsible for the printing and
distribution of Labianos calling cards. WHEREFORE, respondent Atty. Nicomedes
Tolentino for violating Rules 1.03, 2.03, 8.02 and 16.04 and Canon 3 of the Code of
Professional Responsibility and Section 27, Rule 138 of the Rules of Court [Linsangan
vs. Tolentino, 598 SCRA 133(2009)]
[2012]
Atty. Fred is a law practitioner and headed a law firm bearing his name and those of
his partners. When Atty. Fred was elected as Congressman, his client's needs were handled by
the other partners. Later, A, a newly proclaimed congressman-friend , faced an election protest
before the HRET, and sought the help of Congressman Fred who immediately directed his law
firm to appear for A. 8, the protestant, sought the disqualification of Congressman Fred's law firm
from appearing before the HRET because Congressman Fred is prohibited from practicing his
profession. Decide.
(E) Yes, Congressman Fred's law firm is disqualified because Congressman Fred may
exercise undue influence on his peers who are members of HRET.
(F) No, the law firm is not disqualified because it is another partner, and not Congressman
Fred who is appearing.
(G) No, the prohibition is on Congressman Fred from personally appearing, and not to his
partners.
(H) Yes, the spirit of the prohibition is clearly to avoid influence and cannot be indirectly
circumvented.

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partners.
No, the prohibition is on Congressman Fred from personally appearing, and not to his
partners. (Canon 3.03 related to Article VI Sec. 14 of the 1987 Constitution, note that the
prohibition is personally to the member of the Congress and not to his firm or colleagues.)
[2012]
Vice-Mayor Ron is a well-loved law practitioner because he assists his constituents,
especially the indigents. Ed, one of his friends who is employed as Cashier in the Register of
Deeds, sought his assistance because he was charged with Malversation in court. Can ViceMayor Ron appear as counsel of Ed?
(E) Yes, members of the Sanggunian are allowed to practice their profession.
(F) No, because Ed is charged with an offense in relation to his office.
(G) Yes, since the position of Ed does not pertain to the local government.
(H) No, because all criminal cases are against the government.
Canon 3.03 related to Section 90 of the Local Government Code; Sanggunian members may
practice their legal profession but cannot appear for certain situations and one is where the
accused is a government employee charged with criminal offense by reason/ in relation to
his/her office)
[2013]
Atty. Anunciante is engaged in the practice of law and has a regular, live, weekly TV
program where he gives advice to and answers questions from the audience and program
viewers concerning U.S. immigration problems. Occasionally, advertisements inviting viewers to
watch his TV program are shown outside his regular program schedule. Because of the
popularity of his TV program, the number of his law practice clients increased tremendously.
The TV program of Atty. Anunciante is __________. (1%)
(A) permissible because it is public service in nature
(B) objectionable because the work involves indirect advertising or solicitation of business
(C) improper because it gives him an unfair advantage over other lawyers
(D) ethically allowable because it does not violate the traditional standards of the legal
profession
(E) None of the above
(B) objectionable because the work involves indirect advertising or solicitation of business
Canon 3 provides that a lawyer in making known his legal services shall use only true,
honest, fair, dignified, and objective information or statements of facts. What the lawyer is
doing is indirect advertising which is not fair to the others in the legal profession nor is it
dignified. It is not fair because most lawyers are already restricted by the mere fact that
they cannot even directly advertise that they specialize in a certain law. While this lawyer is
allowed to have advertisements showcasing the fact that he is an expert on American
Immigration Law. It is not dignified because the advertisements encourage the public to
watch the show and not to actually ask for legal advice from him. He thus reduces the
Legal Profession to a form of entertainment, rather than an instrument of Justice. This thus
also violates Canon 7 for staining the legal profession as entertainment rather than the
integrity and dignity it deserves.
[2013]
As a new lawyer, Attorney Novato started with a practice limited to small claims
cases, legal counselling, and notarization of documents. He put up a solo practice law office
and was assisted by his wife who served as his secretary/helper. He used a makeshift hut in a
vacant lot near the local courts and a local transport regulatory agency. With this strategic
location, he enjoyed heavy patronage assisting walk-in clients in the preparation and filing of
pleadings and in the preparation and notarization of contracts and documents. He had the

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foresight of investing in a good heavy duty copier machine that reproduces quality documents,
and charges a reasonable fee for this service. He draws electric power from an extension wire
connected to an adjoining small restaurant. He put up a shingle that reads: "Atty. Novato,
Specialist in Small Claims, Fastest in Notarization; the Best and Cheapest in Copier Services."
Is Attorney Novatos manner of carrying out his professional practice i.e., mixing business
with the practice of law, announcing his activities via a shingle and locating his office as
above-described in keeping with appropriate ethical and professional practice? (8%)
Atty. Novatos manner of carrying out his professional practice is considered as unethical
and unprofessional. Canon 3 of CPR provides that: a lawyer, in making known his legal
services shall use only, true, honest, fair, dignified and objective information or statements of
facts. Bloating of ones credentials with self-praise or exaggerated description is deception.
The self laudation prohibited is that which creates an unjustified expectation about results
the lawyers can achieve.
The lawyer may not announce the successful results he has obtained on behalf of his
clients because PAST performance of a lawyer is not an indication of results in legal action.
Also, according to Rule 2.03 of the CPR provides that: a lawyer shall not do or
permit to be done any act designed primarily to solicit legal business The lawyer should not
advertise his talents or skill as a merchant advertises his wares. The lawyer should resort to
dignified solicitation. It should be made in a modest and decorous manner.
CANON 4: Participation in the improvement and reforms in the legal system

[2004]
Under the Code of Professional Responsibility, what is the principal obligation of a
lawyer towards: [xxx]
(3) The development of the legal system?
(4) The administration of justice? [xxx]
(3) Alawyer shall participate in the improvement of the legal system by initiating or
supporting efforts in law reform and in the administration of justice. (Canon 4, Code of
Professional Responsibility)
(4) A lawyer shall participate in the improvement of the legal system by initiating or
supporting efforts in law reform and in the administration of justice. (Canon 4, Code of
Professional Responsibility)
CANON 5: Participation in legal education program

[2004]
(3) The development of the legal system? [xxx]
(3) A lawyer shall keep abreast of legal developments, participate in continuing legal
education programs, support efforts to achieve high standards in law schools as well as in
the practical training of law students and assist in disseminating information regarding the
law and jurisprudence. (Canon 5, Code of Professional Responsibility).
CANON 6: Similar application to those in government service

[2004]
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

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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 prosecution's 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 counsel's absence. Primo gave his consent provided Attys. Dos and Tres
would be designated as his joint counsel de oficio for that particular hearing. Thereupon, the
court directed Attys. Dos and Tres to act as counsel de oficio of accused Primo only for
purposes of the scheduled hearing.
Atty. Dos accepted his designation. but Atty. Tres refused.
C. Is there any impediment to Atty. Dos acting as counsel de oficio for accused Primo? Reason.
(5%)
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.
D. May Atty. Tres legally refuse his designation as counsel de oficio of accused Primo? Reason.
(5%)
Atty. Tres may 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
interests of two or more opposing parties. The test is whether or not in behalf of one client, it
is the lawyer's 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).
[2006]
Prosecutor Coronel entered his appearance on behalf of the State before a Family
Court in a case for declaration of nullity of marriage, but he failed to appear in all the
subsequent proceedings. When required by the Department of Justice to explain, he argued
that the parties in the case were ably represented by their respective counsels and that his time
would be better employed in more substantial prosecutorial functions, such as investigations,
inquests and appearances in court hearings.
Is Atty. Coronel's explanation tenable? 5%
Atty. Coronel's explanation is not tenable. The role of the State's lawyer in nullification of
marriage cases is that of protector of the institution of marriage (Art 48, Family Code). "The
task of protecting marriage as an inviolable social institution requires vigilant .and zealous
participation and not mere pro forma compliance" (Malcampo-Sin v. Sin, 355 SCRA 285
[2001]). This role could not be left to the- private counsels who have been engaged to
protect the private interests of the parties.
[2006]
Provincial Prosecutor Bonifacio refused to represent the Municipality of San Vicente
in a case for collection of taxes. He explained that he cannot handle the case with sincerity and
industry because he does not believe in the position taken by the municipality. Can Prosecutor
Bonifacio be sanctioned administratively? 5%
Yes, he can be sanctioned administratively. Unlike a practicing lawyer who has the right to
decline employment, a government Lawyer like a provincial prosecutor cannot refuse the
performance of his duties on grounds not provided for by law without violation his oath of
office (Enriquez, Sr. v. Hon. Gimenez, 107 Phil. 933 [1960]).

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No, he cannot be sanctioned administratively. A lawyer may refuse a case which he

believes to be unmeritorious, because it is ""his duty to counselor 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 (Sec. 20 [cl, Rule 138, Revised Rules of Court) . The
Canons of the Code of Professional Responsibility are applicable to government lawyers in
the performance of their official tasks.
[2011]
Serving as counsel de oficio, Atty. Mamerto advised John of the consequences of his
plea of not guilty to the charge. Before trial could be held, however, the presiding judge died.
As it happened, Atty. Mamerto was appointed judge and Johns case was assigned to him by
raffle. John quickly moved for the judges disqualification. Is Judge Mamerto under obligation
to inhibit himself from the case?
(A) No, because his service to John was just momentary.
(B) Yes, because his knowledge of Johns case affects his judgment.
(C) No, because he was merely a counsel de oficio.
(D) Yes, because he served as Johns counsel.
A. No, because his service to John was just momentary.

A counsel de oficio is a counsel, appointed or assigned by the court, from among members
of the Bar in good standing who, by reason of their experience and ability, may adequately
defend the accused. Their appointment is usually temporary in nature, since they are usually
appointed in scenarios wherein the counsel of record of the client is absent in the court
hearing and the client has to be attended at the soonest possible time.
[2013]
Graft Investigator Atty. Retirada served the Office of the Deputy Ombudsman for
eight years before retiring from the service. While still a Graft Investigator, she investigated a
government contract for office supplies where Mr. Sakim was the supplier. The transaction was
supposedly overpriced. Atty. Retirada recommended that no charges be filed against the
officials involved and the recommendation benefited Mr. Sakim as the supplier involved in the
transaction.
After her retirement from the service, Atty. Retiradas services as counsel were engaged by
Mr. Sakim as counsel to represent the Sakim family in a claim against the State arising from a
family property that had been expropriated. Atty. Retirada now consults you about the ethical
permissibility of accepting the engagement.
What advice would you give Atty. Retirada? (1%)
(A) Having been in government service, she cannot now represent a party with a claim
against the State.
(B) Having once handled a case involving her prospective client, a conflict of interest would
exist if she were to accept the engagement.
(C) Representing the Sakim family would involve the unethical use of information she
obtained while in government service.
(D) There is no ethical objection to her acceptance of the engagement because the case is
neither criminal nor administrative in character.
(E) Acceptance of the engagement should be on condition that Atty. Retirada would
withdraw if a conflict of interest situation arises.
(E) Acceptance of the engagement should be on condition that Atty. Retirada would
withdraw if a conflict of interest situation arises.
In Rule 6.03, it is said that a lawyer shall not, after leaving a government service, accept
engagement or employment in connection with any matter in which he had intervened
while in said service. The case being presented has no connection between the case
handled by Atty. Retirada. The proceedings handled by Atty Retirada, in connection with
Mr. Sakim, while she was a graft investigator, concerned the business of Mr. Sakim. The new

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case presented to Atty. Retirada now is one involving a personal matter which is not at all
related to the business of Mr. Sakim. The fear contemplated by law thus does not exist.
2. To the legal profession (CANON 7-9)

Bar of the Philippines (Rule 139-A)
[2012]
During the IBP Chapter elections, the candidates for President were Atty. EJ, a labor
arbiter of the NLRC, Fiscal RJ of the DOJ and Atty. Gani of the PAO. After canvass, Fiscal RJ
garnered the highest number of votes, followed by Arbiter EJ and by Atty. Gani. The winning
Vice-President moved for the annulment of the election for President because all the
candidates for President are government officials and are disqualified. Decide.
(A) The election for presidency is invalid, and the elected Vice-President shall assume the
Presidency by succession.
(B) The election is a failure, and new elections should be held.
(C) Fiscal RJ and Arbiter EJ are disqualified. Atty. Gani should be declared winner.
(D) All the candidates who are government officials are deemed resigned upon their
acceptance of nomination; and so, Fiscal RJ is winner
(B) The election is a failure, and new elections should be held.

Artcle 1, Sec. 4 of the IBP By Laws clearly states that:
The Integrated Bar is strictly non-political, and every activity tending to impair this
basic feature is strictly prohibited and shall be penalized accordingly. No lawyer
holding an elective, judicial, quasi-judicial, or prosecutory office in the Government
or any political subdivision or instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or any Chapter thereof.
[2012]
Atty. Edad is an 85 year old lawyer. He does not practice law anymore. However, his
IBP Chapter continues to send him notices to pay his IBP dues of more than ten (1 0) years with
warning that failure to comply will result in the removal of his name. Piqued by this, Atty. Edad
filed with the IBP Secretary a sworn letter notifying that he is voluntarily terminating his
membership with the IBP. Should he be allowed?
(A) No, because membership in IBP is compulsory for all lawyers.
(B) Yes, an erstwhile IBP member may terminate his membership for good reasons.
(C) No, that is only a ploy to evade payment of IBP dues.
(D) Yes, it will violate his right not to join an association.
(B) Yes, an erstwhile IBP member may terminate his membership for good reasons.
Sec. 22 of the IBP By Laws expressly states that:
Any member in good standing who shall have attained the age of seventy-five
years, or shall have been forty years a lawyer, or who shall, by reason of physical
disability or judicially adjudged mental incapacity, be unable to engage in the
practice of law, may be retired from the Integrated Bar upon verified petition to the
Board of Governors. Retired members shall not practice law or be required to pay
dues.
[2012]
Who elects the members of the Board of Governors of the IBP?
(A) The Presidents of all IBP Chapters;
(B) The members at large of the IBP;
(C) The House of Delegates;
(D) The Past Presidents of all IBP chapters

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(C) The House of Delegates

Sec. 37 of the IBP By Laws expressly states that:
The Integrated Bar of the Philippines shall be governed by a Board of Governors
consisting of nine (9) Governors from the (9) regions as delineated in Section 3 of the
Integration Rule, on the representation basis of one (1) Governor for each region to
be elected by the members of the House of Delegates.
[2012]
Who elects the President and Vice-President of the IBP?
(A) The President of all IBP Chapters;
(B) The IBP members voting at large;
(C) The Board of Governors;
(D) The outgoing IBP officers.
(C) The Board of Governors
Section 47 of the IBP By Laws expressly states that: it is the Board of Governors who choose
the Integrated Bar of the Philippines President and Executive Vice President.
[2012]
For grave misconduct, a lawyer was suspended from the practice of law indefinitely.
Is he still obliged to pay his IBP dues during his suspension?
(A) Yes, as he continues to be a lawyer and a member of the IBP.
(B) No, because indefinite suspension is practically disbarment.
(C) No need to pay IBP dues because he cannot practice anyway.
(D) Pay only after the lifting of the suspension, if it comes.
(A) Yes, as he continues to be a lawyer and a member of the IBP

According to the IBP Laws, suspension is on practice of law not as member of the IBP.
Membership and dues

[2006] Atty. Oldie, 80 years old, refuses to pay his IBP dues. He argues he is a senior citizen and
semi-retired from the practice of law. Therefore, he should be exempt from paying IBP dues.
Is his argument correct? 3%
Atty. Oldie is not correct. The Senior Citizen's Act is not applicable to the mp dues, and
there is no such thing as a lawyer, who is semi-retired in the practice of law (Santos v.
Llamas; 322 SCRA 529 [2000]).
[2008]
g. Not paying the annual IBP dues. (3%) [xxx]
It is the duty of every lawyer to support the activities of the Integrated Bar of the Philippines
(Canon 7, CPR). Default in payment of IBP dues for six months shall warrant suspension of
membership to the Integrated Bar, and default to make such payment for one year shall be
a ground for the removal of the delinquent member from the Roll of Attorneys (In Re Atty.
Marcial Edillon, 84 SCRA 554 [1978]).
[2012]
Atty. Aga was appointed as Treasurer by the IBP President with the approval of the
Board of Governors for a term coterminous with that of the President. A year thereafter, Atty.
Aga ran as Barangay Chairman of their place, and took a leave of absence for two (2) weeks
to campaign. May Atty. Aga re-assume as Treasurer after his leave of absence?
(A) Yes, since he lost in the election.

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(B) No, because he was deemed resigned upon filing of his certificate of candidacy.
(C) Yes, because his position as Treasurer is coterminous with the President of the I BP.
(D) No, because he should first seek the approval of the IBP Board of Governors before
running as Brgy. Chairman.
(B) because he was deemed resigned upon filing of his certificate of candidacy
IBP By Laws, Sec. 4. Non-political bar. - The Intergrated Bar is strictly non-political, and every
activity tending to impair this basic feature is strictly prohibited and shall be penalized
accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in
the Government or any political subdivision or instrumentality thereof shall be eligible for
election or appointment to any position in the Integrated Bar or any Chapter thereof. A
Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of
any Chapter therof shall be considered ipso facto resigned from his position as of the
moment he files his certificate of candidacy for any elective public office or accepts
appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any
political subdivision or instrumentality thereof. Rule 139-A states:
Sec. 13. Non-political Bar. xxx Delegate, Governor, Officer or employee of the
Integrated Bar, or an officer or employee of any Chapter thereof shall be
considered ipso facto resigned from his position as of the moment he files his
certificate of candidacy for any elective public office or accepts appointment to
any judicial, quasi judicial, or prosecutory office in the Government or any political
subdivision or instrumentality thereof.
[2012]
Atty. Gelly passed the Bar 1n 1975. After taking his oath, he did not enlist in any IBP
chapter because he went to the USA to pursue a Master's Degree. Eventually, he passed the
state bar and specialized in lmmigration law. In 2005. he returned to the Philippines and was but
the IBP is charging him from 1975 up to the present and threatening him with expulsion if he
does not comply. Is the IBP correct?
(A) Atty. Gelly cannot be compelled to pay the IBP dues because he was not engaged in
the practice of law from 1975-2005.
(B) Atty. Gelly is exempt from 1975-2005 because he was out of the country.
(C) Atty. Gelly should pay the dues from 1975 to the present since membership in the IBP is
compulsary.
(D) Atty. Gelly should not pay because the rule on bar integration is unconstitutional for
compelling a lawyer to join an association.
(C) Atty. Gelly should pay the dues from 1975 to the present since membership in the IBP is
compulsory
The payment of dues is a necessary consequence of membership in the IBP, of which no
one is exempt. This means that the compulsory nature of payment of dues subsists for as
long as ones membership in the IBP remains regardless of the lack of practice of, or the
type of practice, the member is engaged in. There is nothing in the law or rules which allow
exemption from payment of membership dues. At most, as correctly observed by the IBP,
he could have informed the Secretary of the Integrated Bar of his intention to stay abroad
before he left. In such case, his membership in the IBP could have been terminated and his
obligation to pay dues could have been discontinued. [Letter of Atty. Cecilio Y. Arevalo, Jr.,
Requesting Exemption from Payment of IBP Dues, 458 SCRA 209(2005)]
[2013]
Atty. Avaro has consistently failed to pay his annual IBP dues for several years.
Demand letters have been sent to him and he has acknowledged receipt of these letters.
However, all the IBPs efforts proved futile. As a result, the IBP sent Atty. Avaro a notice that his
name would be stricken off the Roll of Attorneys. Was the IBPs action correct? (1%)
(A) No, because default in the payment of annual dues only warrants suspension of
Integrated Bar members.

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(B) Yes, because non-payment of annual dues is an indicator of the lawyers moral fitness;
refusal to pay is refusal to honor his obligation to the IBP.
(C) No, because failure to pay affects a members capability to practise, but not his
membership in the Bar.
(D) Yes, because payment of membership dues and other lawful assessments are
conditions sine qua non to the privilege of practising law and to the retention of his
name in the Roll of Attorneys.
(E) None of the above choices is correct.
(D) Yes, because payment of membership dues and other lawful assessments are conditions
sine qua non to the privilege of practising law and to the retention of his name in the Roll of
Attorneys.
Rule 139-A, Section 10 provides that default in the payment of annual dues for six months
shall warrant suspension of membership in the Integrated Bar, and default in such payment
for one year shall be a ground for the removal of the name of the delinquent member from
the Roll of Attorneys.
CANON 7: Upholding the dignity and integrity of the profession

[2004]
lawyer towards:
(1) The legal professional and the Integrated Bar? [xxx]
(1) "A lawyer shall at all times uphold the integrity and dignity of the legal profession, and
support the activities of the integrated bar. (Canon 7, Code of Professional Responsibility)
[2011]
Which of the following statements best describes the distinct traditional dignity that
the legal profession enjoys over other professions?
(A) People are quite dependent on lawyers for their skills in getting them out of trouble with
the law.
(B) Its members strive to maintain honesty even in their private dealings.
(C) Its members earn by charging specified emoluments or fees.
(D) The profession is anchored on a fiduciary relation with the client.
(B) Its members strive to maintain honesty even in their private dealings. Canon 7 provides
that: a lawyer shall at all times uphold the integrity and dignity of the legal profession and
support the activities of the integrated bar
Duty to be Honest in Applying for Admission to the Bar

[2005]
Mike Adelantado, an aspiring lawyer, disclosed in his petition to take the 2003 Bar
Examinations that there were two civil cases pending against him for nullification of contract
and damages. He was thus allowed to conditionally take the bar, and subsequently placed
third in the said exams.
In 2004, after the two civil cases had been resolved, Mike Adelantado filed his petition
to take the Lawyers Oath and sign the Roll of Attorneys before the Supreme Court. The Office of
the Bar Confidant, however, had received two anonymous letters: the first alleged that at the
time Mike Adelantado filed his petition to take the bar, he had two other civil cases pending
against him, as well as a criminal case for violation of Batas Pambansa (B.P.) Bilang 22; the
other letter alleged that Mike Adelantado, as Sangguniang Kabataan (SK) Chairperson, had
been signing the attendance sheets of (SK) meetings as Atty. Mike Adelantado.

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a)Having passed the bar, can Mike Adelantado already use the appellation attorney?
Explain your answer. (3%)
b)Should Mike Adelantado be allowed to take his oath as a lawyer and sign the Roll of
Attorneys? Explain your answer. (3%)
(a) No. Only those who have been admitted to the Philippine Bar can be called "Attorney"
(Alawi vs. Alauya, 268 SCRA 628 [1997]). Passing the Bar examination is not sufficient for
admission of a person to the Philippine Bar. He still has to take the oath of office and sign the
Attorney's Roll as prerequisites to admission.
(b) No, he should not be allowed to take his oath and sign the Attorney's Roll. Rule 7.01 of
the Code of Professional Responsibility provides that "a lawyer shall be answerable for
knowingly making a false statement or suppressing a material fact in connection with his
application for admission to the bar". Mr. Adelantado made a false statement in his
application to take the bar by revealing only that there were two civil cases pending
against him, and suppressed the material facts that there were two other civil cases as well
as a criminal case pending against him. This is sufficient ground to deny him admission to the
bar (In Re Galang, 66 SCRA 245 [1975]). He also showed lack of good moral character in
using the title "attorney" before admission to the Bar (Aguirre vs. Rana, 403 SCRA 342
[2003]).
Duty to be Professional and Dignified

[2005]
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 of P250,000.00. After two months,
Atty. Kuripot exceeded his credit limit, and refused to pay the monthly charges as they 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.
(a) Is Atty. Kuripot correct? Explain your answer. (3%)
(b) Explain whether Atty. Kuripot should be held administratively liable for his refusal to
settle his credit card bill. (3%)
(a) Atty. Kuripot is not correct, Section 7.03 of the Code of Professional Responsibility
provides that a lawyer shall not engage in conduct that adversely affects 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.
(b)He may not be held administratively liable. The Supreme Court has held that it does not
take original jurisdiction of complaints for collection of debts. The creditor's course of action
is civil, not administrative in nature and proper reliefs may be obtained from the regular
courts (Litigio vs. Dicon, 246 SCRA 9 [1995]). Although lawyers have been held
administratively liable for obstinacy in evading payment of a debt (Cogstantino vs.
Saludares, 228 SCRA 233 [1993], Lao vs. Medel, 405 SCRA 227 [2003]), there is no obstinacy
shown in this case.
[2004]
Atty. Walasunto has been a member of the Philippine Bar for twenty (20) years but
has 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 issued a bouncing check. He was
criminally prosecuted and subsequently convicted for violating B.P. Big. 22. In the disbarment
proceedings filed against him, .Atty. Walasunto contended that his conviction for violation of
B.P. Big. 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.

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Are the contentions of Atty. Walasunto meritorious or not? Reason. (5%)
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 BP. 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.
[2012]
Atty. Utang borrowed from Y Php 300,000.00 secured by a post dated check. When
presented, the check was dishonored. Y filed a BP 22 case in court, and a disbarment
complaint with the IBP. In the latter case, Atty. Utang moved for dismissal as the act has nothing
to do with his being a lawyer and that it is premature because the case is pending and he is
entitled to presumption of innocence. Should the disbarment complaint be dismissed?
(A) No, because lawyers may be disciplined for all acts, whether professional or private.
(B) Yes, there is no conviction yet.
(C) Yes, BP 22 does not involve moral turpitude.
(D) No, unless he pays the amount of the check to the satisfaction of Y.
(A)No, because lawyers may be disciplined for all acts, whether professional or private.
Clearly, therefore, the act of a lawyer in issuing a check without sufficient funds to cover the
same constitutes such willful dishonesty and immoral conduct as to undermine the public
confidence in the legal profession. He cannot justify his act of issuing worthless checks by his
dire financial condition. Respondent should not have contracted debts which are beyond
his financial capacity to pay. If he suffered a reversal of fortune, he should have explained
with particularity the circumstances which caused his failure to meet his obligations. His
generalized and unsubstantiated allegations as to why he reneged in the payment of his
debts promptly despite repeated demands and sufficient time afforded him cannot
withstand scrutiny. [Wong vs. Moya II, 569 SCRA 256(2008)]
CANON 8: Courtesy, fairness and candor towards professional colleagues

[2004]
(2) His professional colleagues? [xxx]
(2) "A lawyer shall conduct himself with courtesy, fairness and candor towards his
professional colleagues, and shall avoid harassing tactics against opposing counsel."
(Canon 8, Code of Professional Responsibility)
[2013]
The mediator assigned to a civil case happens to be your law school classmate and
he makes a doctrinal statement about the rights of the parties. You knew that the statement,
although favorable to your clients case, is incorrect.
The ethical move to make under the circumstances is to __________. (1%)
(A) correct the mediator and state the right doctrine
(B) just keep quiet because the other counsel might learn about your relationship with the
mediator
(C) reveal your relationship with the mediator and ask the opposing counsel if he has any
objections

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(D) request the Mediation Supervisor to immediately change the mediator
(E) simply withdraw from the case because of the unfair advantage that you enjoy
(C) reveal your relationship with the mediator and ask the opposing counsel if he has any
objections
Canon 8 provides that a lawyer shall conduct himself with courtesy, fairness and candor
toward his professional colleagues, and shall avoid harassing tactics against opposing
counsel. It is but fair that opposing counsel is made aware that the mediator and myself
have close ties as the opposing counsel may deem it unfair for his client that the mediator
may unjustly prejudice his client's interests because of personal bias. It is not however my
duty to correct the mediator as it is the duty of opposing counsel to be aware of the laws
applicable as this is provided for in Canon 5. Also, my duty is to my client's interests which
are enshrined in Canon 17 and Canon 18.
Duty to Refrain from Professional Encroachment

[2006]
Myrna, petitioner in a case for custody of children against her husband. sought
advice from Atty. Mendoza whom she met at a party. She informed Atty. Mendoza that her
lawyer Atty. Khan has been charging her exorbitant appearance fees when all he does is move
for postponements which have unduly delayed the proceedings; and that recently she learned
that Atty. Khan approached her husband asking for a huge amount in exchange for the
withdrawal of her Motion for Issuance of Hold Departure Order so that he and his children can
leave for abroad.
Is it ethical for Atty. Mendoza to advise Myrna to terminate the services of Atty. Khan and
hire him instead for a reasonable attorney's fees? 5%
Such advice would be unethical. A lawyer shall conduct himself with courtesy, fairness and
candor toward his professional colleagues. Specifically he should not directly or indirectly
encroach upon the professional employment of another lawyer"
[2006]
Myrna, petitioner in a case for custody of children against her husband. sought
advice from Atty. Mendoza whom she met at a party. She informed Atty. Mendoza that her
lawyer Atty. Khan has been charging her exorbitant appearance fees when all he does is move
for postponements which have unduly delayed the proceedings; and that recently she learned
that Atty. Khan approached her husband asking for a huge amount in exchange for the
withdrawal of her Motion for Issuance of Hold Departure Order so that he and his children can
leave for abroad.
What should Atty. Mendoza do about the information relayed to him by Myrna that Atty.
Khan approached her husband with an indecent proposal? 5%
Atty. Mendoza can advise her to terminate the services of Atty. Khan and/or file an
administrative case against Atty. Khan. It is the right of any lawyer without fear or favor to
give proper advice and assistance to those seeking relief against unfaithful or neglectful
counsel."
[2013]
Your client is the plaintiff in a civil case for damages arising from a car accident
where he sustained serious physical injuries and damages amounting to P1Million. The counsel
for the defendant asks you to give him a proposed amount for purposes of settlement and you
are aware that whatever amount you tell him would not readily be accepted and would
probably be cut into half.
What is your best legal and ethical course of action? (1%)
(A) Inflate your proposal to make allowances for a compromise.

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(B) Tell the defendants counsel the correct amount of damages.
(C) Offer him a reasonably low amount so that the case can immediately be settled.
(D) Ask the defendants counsel to first submit his negotiating figure.
(E) Play hard-to-get and initially refuse all the defendants initiatives to settle.
(B)
Tell
the
defendants
counsel
the
correct
amount
of
damages
Canon 8 requires that lawyers shall conduct themselves with courtesy, fairness, and candor
counsel. Asking for the amount of damages should be based on what is owed, rather than
what could be achieved through tactics best left to businessmen and their type of
negotiations. And Canon 15 provides that a lawyer shall observe candor, fairness, and
loyalty in all his dealing and transactions with his client. The lawyer should thus not ask for a
lower rate, as that would be unfair to his client, who is legally allowed to ask for a higher
amount of damages. This is because damages are quantified based on the degree or
amount of injury, rather than negotiation tactics.
CANON 9: No assistance in unauthorized practice of law

Duty to Keep a Lawyers work to Lawyers of Good Standing
[2010]
Atty. Monica Santos-Cruz registeredthe firm name "Santos-Cruz Law Office" with the
DTI as a single proprietorship. In her stationery, she printed the names of her husband and a
friend who are both non-lawyers as her senior partners in light of their investments in the firm.
She allowed her husband to give out calling cards bearing his name as senior partner of the firm
and to appear in courts to move for postponements, Did Atty. Santos-Cruz violate the CPR?
Why? (3%)
Yes, she did. In the case of Cambaliza vs Cristobal-Tenorio (434 SCRA 288 [2004]) involving
the same facts, the SC held that a lawyer who allows a non-member of the bar to
misrepresent himself as a lawyer and to practice law, is guilty of violating cannon 9 and Rule
9.01 of the CPR as follows: "Cannon 9. A lawyer shall not directly or indirectly assist in the
unathorized practice of law." "Rule 9.01" A lawyer shall not delegate to any unauthorized
person the performance of any task which by law may only be performed by a member of
the bar in good standing.
[2008]
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. (3%) [xxx]
The lawyer may be sanctioned. A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of the bar in
good standing (Rule 9.01, CPR).
[2011]
Atty. Alfredo Prado appeared in a case as legal officer of the Land Registration
Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo Prado from his province
who had been dead for years. When Atty. Armando checked with the Supreme Court, only one
Alfredo Prado was in the roll of attorneys. What action can Atty. Armado take against Vicente
who had taken a dead lawyers identity?
(A) File direct contempt action against Vicente for deceiving the court.
(B) Criminally prosecute Vicente for estafa for making money upon false pretense.
(C) Criminally prosecute Vicente for theft of Alfredos identity and law practice.

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(D) Institute a disbarment case against Vicente for misrepresenting himself as lawyer.
(B) Criminally prosecute Vicente for estafa for making money upon false pretense.
In accordance with the lawyers duty not to directly or indirectly assist in the unauthorized
practice of law, he should take the necessary judicial actions, such as the filing of case for
estafa, against this non-lawyer who is pretending to be a lawyer.
Duty to Maintain the Integrity of the Lawyers Fees

[2005]
You had just taken your oath as a lawyer. The secretary to the president of a big
university offered to get you as the official notary public of the school. She explained that a lot
of students lose their Identification Cards and are required to secure an affidavit of loss before
they can be issued a new one. She claimed that this would be very lucrative for you, as more
than 30 students lose their Identification Cards every month. However, the secretary wants you
to give her one-half of your earnings therefrom.
Will you agree to the arrangement? Explain. (5%)
No, I will not agree. Rule 9.02 of the Code of Professional Responsibility provides that "a
lawyer shall not divide or stipulate to divide a fee for legal service with persons not licensed
to practice law". The secretary is not licensed to practice law and is not entitled to a share
of the fees for notarizing affidavits, which is a legal service.
3. To the courts (CANON 10-13)

CANON 10: Candor, fairness and good faith towards the courts
[2005]
Due to the number of cases handled by Atty. Cesar, he failed to file a notice of
change of address with the Court of Appeals. Hence, he was not able to file an appellants brief
and consequently, the case was dismissed. Aggrieved, Atty. Cesar filed a motion for
reconsideration of the resolution dismissing the appeal and to set aside the entry of judgment
on the ground that he already indicated in his Urgent Motion for Extension of Time to File
Appeal Brief his new address and that his failure to file a notice of change of address is an
excusable negligence.
Will the motion prosper? Explain. (5%)
The motion will not prosper. It is the lawyer's duty to inform the court or to make of record of
his change of address. His failure to do so does not constitute excusable negligence. The
lawyer cannot presume that the court will take cognizance of the new address in his motion
for extension of time (Philippine Suburban Dev. Corp. vs. Court of Appeals, 100 SCRA 109
[1980]).
[2006]
In his petition for certiorari filed with the Supreme Court. Atty. Dizon alleged that Atty.
Padilla. a legal researcher in the Court of Appeals .. drafted the assailed Decision; that he is
ignorant of the applicable laws; and that he should be disbarred.
Can Atty. Dizon. in castigating Atty. Padilla. be held liable for unethical conduct against the
Court of Appeals? 5%"
He can be held liable for lack of respect for the Court of Appeals. "Decisions are rendered
by the courts and not the persons or personnel who may participate therein by virtue of
their office. It is highly improper and unethical for counsel for petitioners to berate the
researcher in appeal. Counsel for the petitioner should be reminded of the elementary rules
of the legal profession regarding respect for the courts by the use of proper language in its

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pleadings and should be admonished for his improper references to the researcher of the
CA in his petition. A lawyer should avoid scandalous. offensive or menacing language or
behavior before the courts" (Maglucot-Aw v. Maglucot. 329 SCRA 78 [2000]).
[2009] True or False
The duty of a lawyer to his client is more paramount than his duty to the Court.
FALSE. A lawyers paramount duty is to the court. This is because he is an officer of the
court.
[2011]
Which of the following demonstrates the lawyers duty to give the court the respect it
deserves?
(A) Counsel consistently appearing in court on time.
(B) Counsel obeying courts orders and processes.
(C) Woman counsel appearing in court dressed in business attire.
(D) Counsel addressing the court as Your Honor at all times
(B) Counsel obeying courts orders and processes.

Rule 10.03 of the Code of Professional Responsibility states that a lawyer shall observe the
rules of procedure and shall not misuse them to defeat the ends of justice.
[2013]
A Regional Trial Court issues a temporary restraining order ( TRO ) halting the
demolition order issued by the City Mayor who has long loathed the cluster of shanties put up
by informal settlers along the road leading to the citys commercial district. The TRO, however,
carried conditions that must be in place before the threatened demolition can be fully halted.
The city legal officer advised the City Engineers Office and the local PNP chief that the TROs
conditions are not in place so that the demolition could proceed. The city filed a manifestation
reflecting the city legal officers position, while the informal settlers counsel sought its own
clarification and reconsideration from the court, which responded by decreeing that the
conditions have been fulfilled. Despite this ruling, the city legal officer insisted that the
conditions have not been fulfilled and thus gave the PNP clearance to aid the City Engineers
Office in proceeding with the demolition.
From the perspective of professional ethics, how would you characterize the city legal
officers actions? (1%)
(A) It is unethical since he counseled civil servants to disregard a court order.
(B) It is ethical, since he acted in accordance with his honest conviction after considering
that the courts conditions have not been met.
(C) It constitutes indirect contempt, but the lawyer cannot be disciplined because he acted
out of his firm and honest conviction.
(D) It is neither contemptuous nor unethical since he was performing his duties as city legal
officer.
(E) It is unethical since the City Legal Officer was simply blindly following the Mayors
wishes.
(A) It is unethical since he counselled civil servants to disregard a court order.

The legal counsellor was aware that a court order saying that the conditions required for a
successful TRO were already in place as this was already confirmed by the court. Therefore
the counsellor purposefully ignored the court order when he advised for the demolition to
continue. This is in violation of the duty of an Attorney to observe and maintain the respect
due to the courts of justice and judicial officers. He also has an obligation under Canon 10
with respect to the candor, fairness and good faith he owes to the court.
[2013]
Atty. Doblar represents Eva in a contract suit against Olga. He is also defending
Marla in a substantially identical contract suit filed by Emma. In behalf of Eva, Atty. Doblar

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claims that the statute of limitations runs from the time of the breach of the contract. In the
action against Marla, Atty. Doblar now argues the reverse position i.e., that the statute of
limitation does not run until one year after discovery of the breach.
Both cases are assigned to Judge Elrey. Although not the sole issue in the two cases, the
statute of limitations issue is critical in both.
Is there an ethical/professional responsibility problem in this situation? If a problem exists,
what are its implications or potential consequences? (8%)
Yes, an ethical/professional responsibility problem exists in this situation. Canon 10, Rule 10.01
states that 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. Clearly, Atty. Doblar
violates this Rule when he claims that the statute of limitations runs from the time of the
breach of the contract in one case while claiming in another that the statute of limitations
does not run until one year after discovery of the breach. By doing so, he commits a
falsehood because only one these allegations can be correct.
Such an act makes Atty. Doblar liable for violation of the Code of Professional
Responsibility. An administrative case based on such may be brought against him. However,
the cases pending should not be dismissed but should, instead, proceed. The issue
regarding when the statute of limitation begins to run is not the sole issue in either case.
CANON 11: Respect for courts and judicial officers
CANON 12: Assistance in the speedy and efficient administration of justice

[2004]
(4) The administration of justice? [xxx]
(4) "A lawyer shall exert every effort and consider his duty to assist in the speedy and
efficient administration ofjustice." (Canon 12, Code of Professional Responsibility)
[2006]
Why is an attorney considered an officer of the court? 2.5% .
An attorney is considered an officer of the court because he forms part of the machinery
of justice and as such is subject to the disciplinary authority of court and to its orders and
directions with regard to his relations to the court as well as to his client (Hilado v. David.
84SCRA 569 [1949]). A lawyer shall exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice.
Duty Not to Be Prepared for Trial

[2011]
Sheryl, Eric's counsel, once asked for postponement and the court granted it since
the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not to allow any further
postponements because his case has been pending for 8 years. When trial resumed, Bernadine
moved to reset the trial because of her infant's ailment. What must Sheryl do?
(A) Remind the Court that it has the duty to promptly decide the case.
(B) Interpose no objection since she too once sought postponement without Bernadine's
objection.

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(C) Vehemently oppose Bernadine's motion for being contrary to Eric's wishes.
(D) Submit the motion to the Court's sound discretion.
(D) Submit the motion to the Court's sound discretion.

"Although the allowance or denial of petitions for postponement and the setting aside of
previous duly issued orders rest principally upon the sound discretion of the magistrate to
whom they are addressed, the exercise of this power, however, ought to be prudent and
just. It should always be predicated on the consideration that more than the mere
convenience of the courts or of the parties of the case, the ends of justice and fairness
would be served thereby" (Aurora Camara Vda. De Zubiri vs. Wenceslao Zubiri, et. al. G.R.
No. L-16745, December 17, 1966)
Duty Not to Engage in Forum Shopping

[2009]
Atty. Wilmar represented Beatriz in a partition case among heirs, and won. When
Wilmar demanded payment of attorneys fees, Beatriz refused to pay. Wilmar sued Beatriz for
the unpaid attorneys fees and obtained a favorable judgment. Thereafter, Beatriz filed an
administrative complaint against Wilmar claiming that he lied when he stated in his claim for
attorneys fees that the subject of the partition case involved the entire estate of the deceased
when, in fact, it covered only 50% thereof. Wilmar set up the defenses that (1) Beatriz filed the
complaint only to delay the execution of the judgment ordering her to pay attorneys fees and
(2) Beatriz engaged in forum-shopping. Are the defenses of Atty. Wilmar tenable? Explain. (4%)
The defenses of Atty. Wilmar are tenable.

1. The claim of Beatriz that he lied when he stated in his claim for attorneys fees that the
subject of the partition case involved the entire estate should have been raised in the
suit for collection filed by Atty. Wilmar. It is clear that Beatriz is trying to delay the
execution of a final judgment.
2. Yes, Beatriz engaged in forum shopping. There is forum shopping when as a result of a
decision in one forum, a party seeks favorable opinion in another forum through means
other than appeal or certiorari, raising identical causes of action, subject matter, and
issues. There is identity between the civil case brought by Atty. Wilmar and the
administrative case brought by Beatriz.
Duty Against Dilatory Moves

[2011]
Counsel for Philzea Mining appealed a decision of the Bureau of Mines, which was
adverse to his client, to the Environment Secretary. At about the same time, he filed a special
civil action of certiorari with the Court of Appeals for the annulment of the same decision. Did
counsel commit any ethical impropriety in his actions?
A. Yes, since the action he filed with the Court of Appeals was barred by the pendency of a
similar action before the Environment Secretary.
B. Yes, since he was evidently shopping for a sympathetic forum, a condemnable
practice.
C. No, since his appeal to the Environment Secretary was administrative, not judicial.
D. No, since he has to exhaust all available remedies to serve his clients interest.
B. Yes, since he was evidently shopping for a sympathetic forum, a condemnable practice.
Rule 12.04 of the Code of Professional Responsibility, a lawyer shall not unduly delay a
case, impede the execution of a judgement or misuse Court processes.

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Forum shopping is defined as an act of a party, against whom an adverse judgment
or order has been rendered in one forum, of seeking and possibly getting a favorable
opinion in another forum, other than by appeal or special civil action for certiorari. It may
also be the institution of two or more actions or proceedings grounded on the same cause
on the supposition that one or the other court would make a favorable disposition.
(Philippine Islands Corporation for Tourism Development, Inc. v. Victorias Milling Company,
Inc., G.R. No. 167674, June 17, 2008, 554 SCRA 561, 569.)
Duty Not to Present a False Witness

[2011]
Noel and Emily who were involved in a road accident sued Ferdie, the driver of the
other car, for damages. Atty. Jose represented only Noel but he called Emily to testify for his
client. During direct examination, Emily claimed that her injuries were serious when Atty. Jose
knew that they were not. Still, Atty. Jose did not contest such claim. Ferdie later sued Emily for
giving false testimony since her own doctors report contradicted it. He also sued Atty. Jose for
foisting a false testimony in court. Is Atty. Jose liable?
(A) No, because he did not knowingly arrange for Emily to lie in court.
(B) Yes, because he did not advise his client to settle the case amicably.
(C) No, because Emily did not permit him to reveal the falsity to the court.
(D) Yes, because he knowingly let Emily's false testimony pass for truth.
(D) Yes, because he knowingly let Emily's false testimony pass for truth.
Sec. 12.06 provides that: a lawyer shall not knowingly assist a witness to misrepresent
himself or to impersonate another. The lawyer who presented a witness knowing him to be
a false witness is criminally liable for Offering False Testimony in Evidence under Art. 184 of
the
Revised
Penal
Code.
CANON 13: Duty not to influence judges

[2008]
Dumbledore, a noted professor of commercial law, wrote an article on the subject of
letters of credit which was published in the IBP Journal.
a. Assume he devoted a significant portion of the article to a commentary on how the
Supreme Court should decide a pending case involving the application of the law on
letters of credit. May he be sanctioned by the Supreme Court? Explain. (4%) [xxx]
b. Assume Dumbledore did not include any commentary on the case. Assume further after
the Supreme Court decision on the case had attained finality, he wrote another IBP
Journal article, dissecting the decision and explaining why the Supreme Court erred in
all its conclusions. May he be sanctioned by the Supreme Court? Explain. (3%)
a. Professor Dumbledore may be sanctioned by the Supreme Court. Rule 13.02 of the CPR
provides that a lawyer shall not make public statements in the media regarding a pending
case tending to arouse public opinion for or against a party. The court in a pending
litigation must be shielded from embarrassment or influence in its duty of deciding the case.
b. He may not be sanctioned by the Supreme Court. Once a litigation is concluded, the
judge who decided it is subject to the same criticism as any other public official, because
his decision becomes public property and is thrown open to public consumption. The lawyer
enjoys a wide latitude in commenting or criticizing the judges decision, provided that such
comment or criticism shall be bona fide and not spill over the bounds of decency and
propriety.

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[2009]
On a Saturday, Atty. Paterno filed a petition for a writ of amparo with the Court of
Appeals (CA). Impelled by the urgency for the issuance of the writ, Atty. Paterno persuaded his
friend, CA Justice Johnny de la Cruz, to issue the writ of amparo and the notice of hearing
without the signature of the two other Justices-members of the CA division. Are Atty. Paterno
and Justice de la Cruz guilty of unethical conduct? Explain. (4%)
YES. Atty. Paterno violated Canon 13 of the Code of Professional Responsibility which
provides that a lawyer shall reply on merits of his cause and refrain from any impropriety
which tends to influence or gives the appearance of influencing the court. Atty. Paterno
has relied on his friendship with Jusice de la Cruz to obtain a writ of amparo without a
hearing. He thus makes it appear that he can influence the court.
Justice de la Cruz violated Section 3, Canon 4 of the New Code of Judicial Conduct
for Philippine Judiciary which provides that judges shall, in their personal relations with
individual members of the legal profession who practice regularly in their courts, avoid
situations which might reasonably give rise to the suspicion or appearance of favoritism or
partiality.
[2010]
Rico an amiable, sociable lawyer owns a share in Marina Golf Club, easily one of the
more posh golf courses. He relishes hosting parties for government officials and members of the
bench. One day, he had a chance meeting with a judge in the Intramuros golf course. The two
readily got along well and since had been regularly playing golf together at the Marina Golf
Club.
A. If atty. Rico does not discuss cases w ith
members of the bench during parties and golf games, is he violating the CPR? Explain (3%) [xxx]
Yes, a lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity
for cultivating familiarity with judges (rule 13.01 of CPR). Moreover, he should refrain from
any impropriety which gives the appearance of influencing the court (Cannon 13, CPR). In
regularly playing golf with judges, Atty. Rico will certainly raise the suspicion that they discuss
cases during the game, although they actually do not. However if Rico is known to be a
non-practicing lawyer, there is not much of an ethical problem.
[2011]
On November 28 Atty. Patrick wrote in a newspaper column that the Supreme Court
already decided in favor of the validity of the Executive Order that created the Truth
Commission upon a vote of 13-2. But, as it turned out, the Court actually rendered an adverse
decision only on December 7, and upon a vote of 10-5. Asked to explain his misleading article,
Patrick said that his constitutionally protected right to free expression covered what he wrote.
Can the Court cite Patrick for contempt?
(A) Yes, because his article obstructs and degrades the administration of justice.
(B) No, because the right to free expression occupies a high rank in the hierarchy of
cherished rights.
(C) No, because courts must simply ignore public opinion and the media when rendering
decisions.
(D) Yes, because he wrote a lie in his column.
(A) Yes, because his article obstructs and degrades the administration of justice.
CODE OF PROFESSIONAL RESPONSIBILITY, Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending case tending to arouse public opinion for or
against a party.
[2013]
Atty. Hermano requested his fraternity brother, Judge Patron, to introduce him to
Judge Apestado, before whom he has a case that had been pending for some time.
Judge Patron, a close friend of Judge Apestado, acceded to the request, telling the
latter that Atty. Hermano is his fraternity "brod" and that Atty. Hermano simply wanted to ask for

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advice on how to expedite the resolution of his case. They met, as arranged, in the fine dining
restaurant of a five-star hotel. Atty. Hermano hosted the dinner.
Did Atty. Hermano, Judge Patron and Judge Apestado commit any
ethical/administrative violation for which they can be held liable? (8%)
YES. As to Atty. Hermano:

Under Canon 13, a lawyer shall rely upon the merits of his case and refrain from any
impropriety which tends to influence or gives the appearance of influencing the court. The
rule is that there are no ethical constraints against a lawyer appearing before a judge who
is a relative, compadre, or former colleague as long as the lawyer avoids giving the
impression that he can influence the judge. Rule 13.01 provides that the lawyer has the
duty of non-fraternization with judges.
Both lawyer and judge must be aware and conscious as to where such friendship must
end. Hence, when it comes to matters PENDING in the judicial docket of the courts, the
lawyer and judges must keep professional distance. In public places, such affinity must be
kept respectful.
4. To the clients (CANON 14-22)

CANON 14: Availability of service without discrimination
Duty to Render Service Regardless of a Persons Status
[2004]
Atty. DD's services were engaged, by Mr. BI3 as defense counsel in a lawsuit. In the
course of the proceedings, Atty. DD discovered that Mr. BB was an agnostic and a homosexual.
By reason thereof, Atty. DD filed a motion to withdraw as counsel without Mr. BB's express
consent.
Is Atty. DD's motion legally tenable? Reason briefly. (5%)
No. Atty. DD's motion is not legally tenable. He has no valid cause to terminate his services.
His client, Mr. BB, being an agnostic and homosexual, should not be deprived of his
counsel's representation solely for that reason.
A lawyer shall not decline to represent a person solely on account of the latter's vice.
sex, creed or status of life or because of his own opinion regarding the guilt of said person
(Canon 14, Rule 14.01, Code of Professional Responsibility).
[2005]
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%)
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 bounden duty of a counsel de officio to defend his client
no matter how guilty or evil he appears to be (People vs. Sta. Teresa, 354 SCRA 697[2001]).

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[2008]
Christine was appointed counsel de oficio for Zuma, who was accused of raping his
own daughter. Zuma pleaded not guilty but thereafter privately admitted to Christine that he did
commit the crime charged.
a. In light of Zumas admission, what should Christine do? Explain. (3%) [xxx]
c. Can Christine withdraw as counsel of Zuma should he insist in going to trial? Explain. (3%)
a. Christine should continue to act as counsel de oficio for Zuma. Christine was appointed
counsel de oficio and should not decline to do so even if she believes her client to be guilty.
Her client is entitled to the presumption of innocence and is not obliged to plead guilty.
There is no fraud involved in his pleading not guilty.
c. No. Christine cannot withdraw as counsel of Zuma should he insist in going to trial. It is
Christines duty and moral obligation when she accepted the assignment as Zumas
counsel de oficio. It is not up to her to judge him to be guilty; that is the responsibility of the
court. She should not ask the court to excuse her from her responsibility as counsel de
oficio.
[2013]
Vito is a notorious gangster in the province who has been accused of raping and
mercilessly killing a 16-year old girl. Sentiments run very strongly against him and the local Bar
Association met and decided that no lawyer in the locality would represent him. Vito could not
afford the services of an out-of-town counsel.
Choose the most appropriate legal and ethical characterization of the decision of the local Bar
Association. (1%)
(A) It is within its right to make, since lawyers may freely decide who to represent and who
not to represent.
(B) It is unethical; it constitutes a collective denial of Vitos right to the assistance of counsel.
(C) It constitutes an anticipated act of contempt towards the court that may order any of the
members of the association to represent the accused.
(D) It must be concurred in by each member of the Bar Association to have any binding
force.
(E) It is unethical because the Bar Association already prejudged Vito.
(B) It is unethical; it constitutes a collective denial of Vitos right to the assistance of

counsel.
Rule 138, Section 20 provides that it is the duty of an attorney, in the defense of a person
accused of crime, by all fair, and honorable means, regardles 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 by life or liberty, but by due process of law. The
question clearly showcases that the denial made by the Local Bar Association was
purely because of the "sentiments" which run deep because of what the accused may
have done. This is also enshrined in Rule 14.01 of the Code of Professional Responsibility
Duty to as a Counsel de oficio

An attorney ad hoc is a lawyer appointed by the court to represent an absentee defendant in a
suit in which the appointment is made.
TRUE. This applies when the absentee defendant has no counsel present in court and delay
has to be avoided. Said counsel, also known as curator ad hoc, is different from a counsel
de oficio where the party to be represented is present in court but has no counsel (Bienvenu
v. Factors & Traders Insurance Co., 33 La. Ann. 209, 1881 WL 8922[La]).

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CANON 15: Candor, fairness and loyalty to clients

[2004]
(5) His client?
(5) "A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions
with his client." (Canon 15, Code of Professional Responsibility)
[2006]
Atty. Marie consulted Atty. Hernandez whether she can successfully prosecute 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 reasons stated therein.
Is Atty. Hernandez's acquiescence to be Noel's counsel ethical? 3%
No, Atty. Hernandez's acquiescence to be Noel's counsel will not be ethical. It will
constitute a conflict of interests. 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 advice was unfavorable to her. From that moment, Atty.
Hernandez is barred from accepting employment from the adverse party concerning the
same matter about which she had consulted him (Hilado v. David, 84 Phil. 569 [1949]).
[2013]
Your client is the plaintiff in a civil case for damages arising from a car accident
where he sustained serious physical injuries and damages amounting to P1Million. The counsel
for the defendant asks you to give him a proposed amount for purposes of settlement and you
are aware that whatever amount you tell him would not readily be accepted and would
probably be cut into half.
(A) Inflate your proposal to make allowances for a compromise.
(B) Tell the defendants counsel the correct amount of damages.
(C) Offer him a reasonably low amount so that the case can immediately be settled.
(D) Ask the defendants counsel to first submit his negotiating figure.
(E) Play hard-to-get and initially refuse all the defendants initiatives to settle.
(B)
Tell
the
defendants
counsel
the
correct
amount
of
damages
Canon 8 requires that lawyers shall conduct themselves with courtesy, fairness, and candor
counsel. Asking for the amount of damages should be based on what is owed, rather than
what could be achieved through tactics best left to businessmen and their type of
negotiations. And Canon 15 provides that a lawyer shall observe candor, fairness, and
loyalty in all his dealing and transactions with his client. The lawyer should thus not ask for a
lower rate, as that would be unfair to his client, who is legally allowed to ask for a higher
amount of damages. This is because damages are quantified based on the degree or
amount of injury, rather than negotiation tactics.
Duty of Confidentiality
A lawyer cannot refuse to divulge the name or identity of his client.
FALSE. As a general rule, a clients name is not confidential, but there are exceptions
enumerated in Regala v. Sandiganbayan, 262 SCRA 122 (1996), to wit:

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i.
Where a strong probability exists that revealing the clients name would implicate that
client in the very activity for which he sought the lawyers advice;
ii. Where the disclosure would open the client to civil liability
iii. Where the government lawyers have no case against the attorneys client, unless by
revealing the clients name, the said name would furnish the only link that would form
the chain of testimony necessary to convict an individual of a crime.
[2011]
After representing Lenie in an important lawsuit from 1992 to 1995, Atty. Jennifer lost
touch of her client. Ten years later in 2005, Evelyn asked Atty. Jennifer to represent her in an
action against Lenie. Such action involved certain facts, some confidential, to which Atty.
Jennifer was privy because she handled Lenie's old case. Can Atty. Jennifer act as counsel for
Evelyn?
(A) No, but she can assist another lawyer who will handle the case.
(B) Yes, but she must notify Lenie before accepting the case.
(C) No, because her duty to keep the confidences of previous clients remains.
(D) Yes, but she cannot reveal any confidential information she previously got.
(C) No, because her duty to keep the confidences of previous clients remains.
Rule 15. 02 provides that: a lawyer shall be bound by the rule on privilege communication
in respect of matters disclosed to him by a prospective client. The duration of the privilege
continues to exist even after the termination of the attorney-client relationship. It outlasts the
lawyers engagement. The privileged character of the communication ceases only when
waived by the client himself or after his death, by the heir or legal representative. (Baldwin
vs. Comm of Internal Revenue, 125 F 2d 812, 141 LRA 548).
Assuming that there is termination of the services of the client, Lenie, the termination
of relation provides no justification for a lawyer to represent an interest adverse to or in
conflict with that of the former client (San Jose vs. Cruz, 57. Phil. 79, 1979) A lawyer is
forbidden from representing a subsequent client against a former client
Rule 15.03 provides that a lawyer shall not represent conflicting interests except by
written consent of all concerned given after a full disclosure of facts.
[2013]
Atty. Serafin Roto is the Corporate Secretary of a construction corporation that has
secured a multi-million infrastructure project from the government. In the course of his duties as
corporate secretary, he learned from the company president that the corporation had resorted
to bribery to secure the project and had falsified records to cut implementing costs after the
award of the project.
The government filed a civil action to annul the infrastructure contract and has subpoenaed
Atty. Roto to testify against the company president and the corporation regarding the bribery.
Atty. Roto moved to quash the subpoena, asserting that lawyer-client privilege prevents him
from testifying against the president and the corporation.
Resolve the motion to quash. (8%)
The motion to quash should be granted. Atty. Roto is correct, the lawyer-client privilege
prevents him from testifying against the president and the corporation. Canon 15, Rule 15.02
states that a lawyer shall be bound by the rule on privileged communication in respect of
matters disclosed to him by a prospective client. If Atty. Roto violates this canon, he
becomes liable administratively, as well as criminally (Art. 209, Revised Penal Code).
Duty of to Maintain Privileged Communications

[2006]
"In the course of a drinking spree with Atty. Holgado who has always been his
counsel in business deals, Simon bragged about his recent sexual adventures with socialites
known for their expensive tastes. When Ally. Holgado asked Simon how he manages to finance

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his escapades, the latter answered that he has been using the bank deposits of rich clients of
Banco Filipino where he works as manager.
Is Simon's revelation to Attly. Holgado covered by the attorney-client privilege? 5%
Simon's revelation to Atty, Holgado is covered by the lawyer-client privilege. In the first
place was not made on account of a lawyer-client relationship, that is, it was not made for
the purpose of seeking legal advice. In the second place, it was not made in confidence.
(Mercado v. Vitriolo, 459 SCRA 1 [2005]). In the third place, the attorney-client privilege does
not cover information concerning a crime or a fraud being committed or proposed to be
committed.
"
[2009]
When Atty. Romualdo interviewed his client, Vicente, who is accused of murder, the
latter confessed that he killed the victim in cold blood. Vicente also said that when he takes the
witness stand, he will deny having done so. Is Atty. Romualdo obliged, under his oath as lawyer,
to inform the judge that [a] his client is guilty and [b] his client will commit perjury on the witness
stand? Explain. (4%)
(a) Atty. Romualdo cannot reveal to the judge that Vicente is guilty. He is bound to keep
what Vicente told him in confidence because that is an admission of a crime he already
committed.
(b) Atty. Romualdo can reveal to the judge that Vicente will commit perjury on the witness
stand. This is already a revelation of a crime still to be committed and that lies outside the
mantle of privileged communication.
[2013]
ABLE Law Office has a retainer agreement with Santino, a businessman with shady
connections, who has recently been charged with laundering money for an illegal drugs
syndicate using Cable Co., Santinos holding company. The lawyers of ABLE Law Office
assigned to handle Santinos account have been impleaded as co-defendants for
incorporating and actively handling the affairs of Cable Co.
In its bid to strengthen its case against the defendants, the prosecution approached you (as
the least guilty defendant who would qualify for a discharge as a state witness) and offers to
make you a state witness.
Can you accept, within the bounds of professional ethics, the prosecutions offer? (1%)
(A) No, as Santinos lawyer you are duty-bound to protect his interests, ably represent him in
court, and not turn against him.
(B) Yes, as an officer of the court, you have the duty to disclose to the court information
crucial to the case.
(C) No, the information you acquired involving the criminal case against Santino is covered
by the privileged communications rule.
(D) Yes, a lawyer may testify against his client provided he first severs the lawyer-client
relationship.
(E) Yes, the law of self-preservation is akin to the law of self-defense and stands higher than
any obligation you may have with your client.
(C) No, the information you acquired involving the criminal case against Santino is covered
by the privileged communications rule.
All the information received by me was from and for the legal cause of my client. It is thus
protected under the lawyer client privilege. It is a duty of an attorney to maintain inviolate
the confidence, and at every peril to himself, to preserve the secrets of his client. This is also
enshrined in Rule 15.02 and Canon 15.
[2013]
Under the same essential facts as the preceding Question XVI, assume that you have
resigned from ABLE Law Office and that you were never impleaded as a co-defendant, but

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during your stay with the firm, you assisted in handling the Cobra Co. account, which is largely
owned by Cable Co.
The prosecutor handling the case against Santino and the law firm asks you, as a former law
firm member, if you can help strengthen the prosecutions case and hints that you, too, may be
impleaded as a co-defendant if you do not cooperate.
(A) Offer to testify on what you know and provide evidence against the defendants in
exchange for a guarantee of immunity from prosecution in the case.
(B) Offer to provide evidence against Santino, but clarify that you cannot testify against
Santino because of the privileged communications rule
(C) Decline to testify against the defendants and to provide evidence in the case as the
attorney-client privilege lasts even beyond the termination of the relationship.
(D) Decline to testify against the defendants as whatever information you acquired from
Santino and Cable Co. in the course of the lawyer-client relationship is privileged.
(E) Alert the law firm to the prosecutions offer so that they can prepare for the evidence
within your knowledge that the prosecution may use.
(D) Decline to testify against the defendants as whatever information you acquired from
Santino and Cable Co. in the course of the lawyer-client relationship is privileged.
It is the duty of an Attorney to maintain inviolate the confidence, and at every peril to
himself, to preserve the secrets of his client. It is also provided for in Canon 15 that a lawyer
shall observe candor, fairness and loyalty in all his dealings and transactions with his client.
And this includes being bound by the privilege communication rule for matters disclosed to
him by a client as seen in Rule 15.02. Attorney Client Privilege exists even after the
termination and even the death of the client. Thus, I cannot in anyway disclose anything I
received during the time I was counsel for him.
Duty to Avoid Conflict of Interest

[2005]
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 with XXX
law firm.
Is there a conflict of interest? Explain. (5%)
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 been 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 he will be called upon in
his new relation to use against his first client any knowledge acquired through their
connection (Santos vs. Beltran, 418 SCRA 17 [2003]). Since Atty. Japzon was a partner of the
XXX law firm which has Kapamilya Corporation as its client. She cannot handle a case
against it as such will involve conflict of interest. The employment of a law firm is equivalent
to the retainer of the members thereof. It does not matter if Atty. Japzon never handled a
case of the Kapamilya Corporation when she was still with the XXX law firm.
[2008]
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 stopped paying retainer fees in 2002 and terminated its retainer agreement
with B & S in 2005. In 2007, Temavous, another telecommunications company, requested B & S

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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. (7%)
B & S cannot represent Temavous in the transaction for the acquisition of Aracamba, as
this will constitute conflict of interest. One of the tests of conflict of interest is whether or not
in the acceptance of a new relation, the lawyer would be called upon to use against a
client confidential information acquired or presumed to have been acquired through their
connection.
Another test is whether the acceptance of a new relation would invite suspicion of
unfaithfulness or double dealing in the performance of the lawyers duty of undivided
fidelity or loyalty to the client (Quiambao v. Bamba, 468 SCRA 1 [2005]). The rule covers not
only cases in which no confidence has been bestowed or will be used. In addition, the rule
holds even if the inconsistency is remote or merely probable or the lawyer has acted in
good faith with no intention to represent conflicting interests. (Heirs of Lydio Terry Falanme
v. Atty. Edgar J. Baguio, A.C. 6876, March 7, 2008).
There seems to be no conflict of interest involved if B & S will act as counsel for Temavous in
the acquisition of Aracamba. Aracamba is no longer its client, and the only service
Aracamba asked B & S to render during their relationship was to review a lease agreement
and handle a bouncing checks case. U.S. courts have denied disqualification where there is
no evidence that the law firm has acquired confidential information during the prior
presentation that would be of value in the current representation.
[2009] What are the three (3) tests to determine conflict of interest for practicing lawyers?
Explain each briefly. (3%)
1. When, in representation of one client, a lawyer is required to fight for an issue or claim, but
is also duty-bound to oppose it for another client;
2. When the acceptance of the new retainer will require an attorney to perform an act that
may injuriously affect the first client or, when called upon in a new relation, to use against
the first one any knowledge acquired through their professional connection; or
3. When the acceptance of a new relation would prevent the full discharge of an attorneys
duty to give undivided fidelity and loyalty to the client or would invite suspicion of
unfaithfulness or double dealing in the performance of that duty. (Northwestern University v.
Arquillo. 415 SCRA 513 [2005].
[2012]
Atty. Quiso was the retained counsel for Alfa Security Agency and handled all the
cases involving the company. Adam, the Assistant Manager of the agency, hired Atty. Quiso
when he was sued in an ejectment case. Later, Adam was fired from the agency. Adam did not
return a vehicle and so, Atty. Quiso - as counsel for the security agency - filed a replevin suit
Adam moved for Atty. Quiso's disqualification considering that the ejectment case is still
pending. Is there conflict of interest?
(A) No, the cases are totally unrelated and there is no occasion to unduly use confidential
information acquired from one case in the other.
(B) No, Atty. Quiso is duty bound to handle all cases of his client, including the replevin case
against Adam.
(C) Yes, prescription is against representation of opposing parties who are present clients or
in an unrelated action.
(D) Yes, Atty. Quiso must withdraw as counsel for Adam, otherwise he will lose his retainer

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(C) Yes, prescription is against representation of opposing parties who are present clients or
in an unrelated action.
In this case, it is undisputed that at the time the respondent filed the replevin case on behalf
of AIB he was still the counsel of record of the complainant in the pending ejectment case.
We do not sustain respondents theory that since the ejectment case and the replevin case
are unrelated cases fraught with different issues, parties, and subject matters, the prohibition
is inapplicable. His representation of opposing clients in both cases, though unrelated,
obviously constitutes conflict of interest or, at the least, invites suspicion of double-dealing.
While the respondent may assert that the complainant expressly consented to his continued
representation in the ejectment case, the respondent failed to show that he fully disclosed
the facts to both his clients and he failed to present any written consent of the complainant
and AIB as required under Rule 15.03, Canon 15 of the Code of Professional Responsibility.
[Quiambao vs. Bamba, 468 SCRA 1(2005) Note: Exact case]
[2012]
Mr. Joseph, owner of an investment house, consulted a friend, Atty. Miro, about a
potential criminal action against him because he cannot pay investors due to temporary
liquidity problems. Atty. Miro asked Mr. Joseph to transfer to him all assets of the firm and he will
take charge of settling the claims and getting quitclaims. A month later, Mr. Joseph was
surprised to receive a demand letter from Atty. Miro, as counsel for all the claimants, for the pay
back of their investments. After a while, Mr. Joseph received releases and quitclaims from the
investors, with desistance from filing criminal action against him. Atty. Miro later told Mr. Joseph
that he sent the demand letter so he can claim attorney's fee. Was there a conflict of interest?
(A) No, there was no formal engagement of Atty. Miro as counsel for Mr. Joseph.
(B) Yes, by giving legal advice to Mr. Joseph, the latter became a client of Atty. Miro.
(C) No, there is no attorney-client relationship between Mr. Joseph and Atty. Miro as no
attorney's fee was charged nor paid to the latter.
(D) Yes, because Atty. Miro was representing Mr. Joseph when he disposed the assets to
pay off the claims.
(B) Yes, by giving legal advice to Mr. Joseph, the latter became a client of Atty. Miro.
The absence of a written contract will not preclude the finding that there was a professional
relationship between the parties. Documentary formalism is not an essential element in the
employment of an attorney; the contract may be express or implied. To establish the
relation, it is sufficient that the advice and assistance of an attorney is sought and received
in any matter pertinent to his profession. [Pacana, Jr. vs. Pascual-Lopez, 594 SCRA 1(2009)]
[2012]
Atty. Juan Cruz of the Cruz, Cruz and Cruz Law Office personally handled a damage
case of Mr. Gonzalo which resulted in an award of Php 500,000.00. The writ of execution was
served by Sheriff Onoy, but resulted in recovery of only Php 70,000.00. Mr. Gonzalo was
unsatisfied and filed an administrative complaint. When informed, Sheriff Onoy berated and
threatened Mr. Gonzalo; and for this, the Sheriff was charged with Grave Threat. Atty. Pedro Cruz
of the same Cruz, Cruz and Cruz Law Office appeared as defense counsel pro bono. Mr.
Gonzalo seeks his disqualification. Decide.
(A) No conflict of interest. The Grave Threat case arose out of a different factual scenario.
(B) There is conflict of interest because both Atty. Juan Cruz and Atty. Pedro Cruz belong to
one law office.
(C) No conflict of interest since the court case was wholly handled by Atty. Juan Cruz. The
law office did not participate in any way.
(D) No conflict of interest. No likelihood that information in the civil case can be used in the
criminal case.
(B) There is conflict of interest because both Atty. Juan Cruz and Atty. Pedro Cruz belong to
one law office.

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With that settled, we find respondent guilty of violating Rule 15.03 of Canon 15 of the Code
of Professional Responsibility The claim of respondent that there is no conflict of interests in
this case, as the civil case handled by their law firm where Gonzales is the complainant and
the criminal cases filed by Gonzales against the Gatcheco spouses are not related, has no
merit. The representation of opposing clients in said cases, though unrelated, constitutes
conflict of interests or, at the very least, invites suspicion of double-dealing which this Court
cannot allow. [W]e shall consider however as mitigating circumstance the fact that he is
representing the Gatcheco spouses pro bono and that it was his firm and not respondent
personally, which handled the civil case of Gonzales. As recounted by complainant herself,
Atty. Edmar Cabucana signed the civil case of complainant by stating first the name of the
law firm CABUCANA, OFFICE, under which, his name and signature appear; while herein
respondent signed the pleadings for the Gatcheco spouses only with his name, without any
mention of the law firm [Gonzales vs. Cabucana, Jr., 479 SCRA 320(2006)]
[2013]
Based on the same facts as Question XIV, assume that Diana, aside from being a
family friend of the couple, has been formally and informally acting as their lawyer in all their
personal and family affairs. She has represented them in court in a case involving a car
accident and in the purchase of their family home, for which they formally paid the attorneys
fees that Diana billed.
In this instance, Wanda asked about her legal rights but did not formally ask for a written
opinion from Diana. Horacio never had any input on the query as he was then away on an outof-town trip for his office.
Diana advised Wanda that she is fully protected in law and her best course of action is
to have an abortion while her pregnancy is not yet far advanced.
Did Diana violate the prohibition against representing conflicting interests when she
provided legal advice to Wanda without Horacios knowledge? (1%)
(A) Yes. The decision of whether to have an abortion should be decided by both spouses;
thus, Diana should not have provided legal advice in the absence of Horacio whose
concerns and positions are unknown to her.
(B) No. Diana did not give any formal advice that would constitute legal practice calling for
the strict observance of the conflict of interest rules.
(C) No. The decision on whether or not to have an abortion lies solely with Wanda; it is her
body and health that is in issue.
(D) No. Horacio and Wanda are married, any advice given to Wanda is deemed to have
been given to Horacio as well.
(E) No. Giving advice to Wanda is not necessarily acting against Horacios interest; Diana
was giving advice based on the couples best interest.
(C) No. The decision on whether or not to have an abortion lies solely with Wanda; it is her
body and health that is in issue.
There is no conflict of interest here because the other transactions handled by the lawyer
were transactions unrelated to the health of the mother in this situation. Furthermore,
Wanda's cause involves her own rights for the protection of herself, as she is the one who
may die and not the husband. This is in compliance with Rule 15.01 that a lawyer must first
determine if there is a conflict of interest. The lawyer also owes competence and diligence
to her client as provided for in Canon 18. This means that the lawyer must be efficient,
especially in this case wherein the life or death of a client hangs in the balance.
[2005] Mutiple Choice

(3.) On which of the following is a lawyer proscribed from testifying as a witness in a case he is
handling for a client:
(A) On the mailing of documents;
(B) On the authentication or custody of any instrument;
(C) On the theory of the case;

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(D) On substantial matters in cases where his testimony is essential to the ends of justice.
(2%)
(C) On the theory of the case

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
a) on formal matters, such as the mailing, authentication or custody of an instrument,
and the like, or
b) on substantial matters, in cases where his testimony is essential to the ends of justice,
in which event he must, during his testimony, entrust the trial of the case to another
counsel.
Duty to Delineate Concurrent practice of another profession

[2013]
In an action to prevent the condominium developer from building beyond ten (10)
floors, Judge Cerdo rendered judgment in favor of the defendant developer. The judgment
became final after the plaintiffs failed to appeal on time. Judge Cerdo and Atty. Cocodrilo,
counsel for the developer, thereafter separately purchased a condominium unit each from the
developer.
Did Judge Cerdo and Atty. Cocodrilo commit any act of impropriety or violate any law for
which they should be held liable or sanctioned? (8%)
As to Atty. Cocodrilo:
Not necessarily. Rule 15.08 provides that: A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity. A lawyer is not barred from dealing with his
client but the business transaction must be characterized with utmost honesty and good
faith. Business transactions between an attorney and his client are disfavoured and
discouraged by the policy of the law. Hence, courts carefully watch these transactions to
assure that no advantage is taken by a lawyer over his client. This rule is founded on public
policy for, by virtue of his office, an attorney is in an easy position to take advantage of the
credulity and ignorance of his client. (Nakpil vs. Valdez, A.C. No. 2040, March 4, 2008)
CANON 16: Clients moneys and properties

Duty to Refrain from Co-mingling of funds
[2007]
C engages the services of attorney D concerning various mortgage contracts
entered into by her husband from whom she is separated, fearful that her real estate 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 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 titltes registered in his name.
Did attorney D violate the Code of Professional Responsibility? Explain.
The decision in Hernandez vs Go (450 Scra 1), is squarely applicable to this problem. Under
the same set of facts, the court ruled that the lawyer had violated Canon 16 of the Code of
Professional Responsibility, which provides as follows:
Canon 16. A lawyer shall hold in trust all moneys and properties of his client that may
come into his possession.
He also violated Canon 17, which reads that a lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and confidence reposed in him.

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The Court further held that the lawyer concerned has engaged in deceitful, dishonest,
unlawful and grossly immoral acts, which might lessen the trust and confidence reposed by
the public in the fidelity, honesty, and integrity of the legal profession. Consequently, the
court disbarred him.
[2011]
In settling his client's claims, Atty. Cruz received from the adverse party P200,000 in
cash for his client. Which of the following is an IMPROPER way for Atty. Cruz to handle the
money?
(A) Ask his client to prepare a check for his fees for swapping with the cash.
(B) Deposit the cash in his own bank account and later issue his personal check to his
client, less his fees.
(C) Turn over the cash to his client with a request that the latter pay him his fees.
(D) Tell his client about the settlement and the cash and wait for the client's instructions.
(B) Deposit the cash in his own bank account and later issue his personal check to his client,
less his fees.
Rule 16.02 provides that: a lawyer shall keep the funds of each client separate and apart
from his own and those of others kept by him. This is to prevent confusion and
misappropriation of funds and property.
Duty to Deliver Funds

[2008]
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 fee contingent upon securing a favorable final
judgment or compromise settlement. Chester signed the contingent fee agreement. [xxx]
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. (4%)
Chesters refusal is not justified. A contingent fee agreement is not covered by Art. 1491 of
the Civil Code, because the transfer or assignment of the property in litigation takes effect
only upon finality of a favorable judgment (Director of Lands v. Ababas, 88 SCRA 513 [1979];
Macariola v. Asuncion, 114 SCRA 77 [1982]).
[2009]
Marlyn, a widow, engaged the services of Atty. Romanito in order to avert the
foreclosure of several parcels of land mortgaged by her late husband to several creditors. Atty.
Romanito advised the widow to execute in his favor deeds of sale over the properties, so that he
could sell them and generate funds to pay her creditors. The widow agreed. Atty. Romanito did
not sell the properties, but paid the mortgage creditors with his own funds, and had the land
titles registered in his name. Atty. Romanito succeeds in averting the foreclosure. Is he
administratively liable? Reasons. (3%)
Yes. Atty. Romanito is administratively liable. The basic facts in this case are the same as
the facts in Hernandez vs Go (450 SCRA 1 [2005]) where the Supreme Court found the
lawyer to have violated Canons 16 and 17 of the Code of Professional Responsibility and
disbarred him. The Supreme Court held that a lawyers acts of acquiring for himself the lots
entrusted to him by his client are, by any standard, acts constituting misconduct.

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[2009]
Atty. Wilmar represented Beatriz in a partition case among heirs, and won. When
Wilmar demanded payment of attorneys fees, Beatriz refused to pay. Wilmar sued Beatriz for
the unpaid attorneys fees and obtained a favorable judgment. Thereafter, Beatriz filed an
administrative complaint against Wilmar claiming that he lied when he stated in his claim for
attorneys fees that the subject of the partition case involved the entire estate of the deceased
when, in fact, it covered only 50% thereof. Wilmar set up the defenses that (1) Beatriz filed the
complaint only to delay the execution of the judgment ordering her to pay attorneys fees and
(2) Beatriz engaged in forum-shopping. Are the defenses of Atty. Wilmar tenable? Explain. (4%)
The defenses of Atty. Wilmar are tenable.
1. The claim of Beatriz that he lied when he stated in his claim for attorneys fees that the
subject of the partition case involved the entire estate should have been raised in the suit
for collection filed by Atty. Wilmar. It is clear that Beatriz is trying to delay the execution of a
final judgment.
2. Yes, Beatriz engaged in forum shopping. There is forum shopping when as a result of a
decision in one forum, a party seeks favorable opinion in another forum through means
other than appeal or certiorari, raising identical causes of action, subject matter, and issues.
There is identity between the civil case brought by Atty. Wilmar and the administrative case
brought by Beatriz.
Duty to Not to Lend or Borrow Money from Client

[2013]
You are a lawyer working in the Public Assistance Office. Yolly, a key witness in the
case (reckless imprudence resulting in homicide) you are handling, is indigent and illiterate.
While Yolly is willing to testify in court, you worry that the judge might not be able to appreciate
the impact of her testimony, as she has a difficult time answering English questions. You also
worry that this might affect her credibility. Further, Yolly has indicated that she might not have
the money to pay the fare to attend the trial. You are presenting her as a witness for the defense
at the hearing next week.
Which of the following is NOT a permissible act for you to do? (1%)
(A) Provide Yolly with money for fare to ensure her attendance in court.
(B) Interview Yolly before trial, so that she will be more at ease when she testifies before the
court.
(C) Prepare a judicial affidavit of Yollys testimony, which she will then verify before the
court.
(D) Provide her with sample questions that you might ask in the hearing tomorrow.
(E) All the above are permissible.
(E) All the above are permissible.

Rule 16.04 provides that a lawyer shall not lend money to a client except, when in the
interest of justice, he has to advance necessary expenses in a legal matter he is handling for
the client. This case clearly falls in the exception. The lending of money for transportation is a
small expense compared to the defending the larger interests of justice in a criminal case
which involves the liberty of the accused.
CANON 17: Fidelity to clients cause

[2007]
C engages the services of attorney D concerning various mortgage contracts
entered into by her husband from whom she is separated, fearful that her real estate 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 execute deeds of sale in his favor without any monetary or

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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 titltes registered in his name.
Did attorney D violate the Code of Professional Responsibility? Explain.
The decision in Hernandez vs Go (450 Scra 1), is squarely applicable to this problem. Under
the same set of facts, the court ruled that the lawyer had violated Canon 16 of the Code of
Professional Responsibility, which provides as follows:
Canon 16. A lawyer shall hold in trust all moneys and properties of his client that may
come into his possession.
He also violated Canon 17, which reads that a lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and confidence reposed in him.
The Court further held that the lawyer concerned has engaged in deceitful, dishonest,
unlawful and grossly immoral acts, which might lessen the trust and confidence reposed by
the public in the fidelity, honesty, and integrity of the legal profession. Consequently, the
court disbarred him.
CANON 18: Competence and diligence

[2007]
Attorney M. accepted a civil case for the recovery of title and possession of land in
behalf of N. Subsequently, after the Regional Trial Court had issued a decision adverse to N, the
latter filed an administrative case against attorney M for disbarment. He alleged that attorney M
caused the adverse ruling against him; that attorney M did not file an opposition to the Demurrer
to Evidence filed in the case, neither did he appear at the formal hearing on the demurrer,
leading the trial court to assume that plaintiff's counsel (attorney M) appeared convinced of the
validity of the demurer filed; that attorney M did not even file a motion for reconsideration ,
causing the order to become final and executory; and that even prior to the above events and
in view of attorney M's apparent loss of interest in the case, he verbally requested attorney M to
withdraw, but attorney M refused. Complainant N further alleged that attorney M abused his
client's trust and confidence and violated his oath of office in failing to defend his client's cause
to the very end.
Attorney M replied that N did not give him his full cooperation; that the voluminous records
turned over to him were in disarray, and that appeared for N, he had only half of the information
and background of the case; that he was assured by N's friends that they had approach the
judge; that they requested him (M) to prepare a motion for reconsideration which he did and
gave to them; however these friends did not return the copy of the motion.
Will the administrative case proper? Give reasons for your answer.
The administrative case will prosper. In failing to file an opposition to the Demurrer to
Evidence and to appear at the hearing thereof, and, more so, in failing to file a motion for
reconsideration of the order granting the demurrer, thereby causing the same to become
final and executory, Attorney M violated Canon 18 of the Code of Professional
Responsibility, which provides that a lawyer shall serve his client with competence and
diligence, and Rule 18.03 which provides that a lawyer shall not neglect a legal matter
entrusted to him and his negligence in connection therewith shall make him liable.
In refusing to comply with Ns request to withdraw from the case, Atty. M violated the
rule that a client has the absolute right to terminate the lawyer client relationship at any
time with or without cause.

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Atty. Ms defense that the voluminous records turned over to him were in disarray and
when he appeared for B he had only half of the information and background of the case, is
not meritorious. Rule 18.02 provides that he shall not handle any legal matter without
adequate preparation. He should have been competent and diligent enough to organize
the records given to him, and not to go to trial with only half of the information and
knowledge of the case. It is his duty to go to trial adequately prepared as provided for in
Rule 12.01.
His defense that the friends of N assured him that they had approached the judge, and
asked him to prepare a motion for reconsideration, which even he allegedly did and gave
to them, is incredible. Even if true, he would have violated Canon 13 which provides that a
lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to
influence or gives the appearance of influencing the courts.
For that matter, even his alleged giving of his motion for reconsideration to the friends of
N for filing, is another instance of negligence on the part of Atty. M. He should have taken
care to file his motion himself.
[2008]
for the conduct stated below.
a. Filing a complaint that fails to state a cause of action, thereby resulting in the defendant
succeeding in his motion to dismiss. (3%) [xxx]
The lawyer may be sanctioned for lack of competence and diligence (Canon 18, CPR).
Rule 18.02 provides that a lawyer shall not handle a case without adequate preparation.
Filing a complaint that fails to state a cause of action resulting to the dismissal of his case
shows his incompetence and lack of adequate preparation.
[2010]
court?
When is professional incompetence a ground for disbarment under the Rules of
Professional incompetence of a lawyer may be a special ground for disbarment if his

incompetence is total, gross and serious that he cannot be entrusted with the duty to
protect the rights of his clients. 'A lawyer shall not undertake a legal service where he knows
or should know that he is not qualified to render." (Rule 18.01, CPR) If he does so, it
constitutes malpractice or gross misconduct in office which are grounds for suspension or
disbarment under section 27, rule 138 of the Rules of Court.
[2011]
Which of the following instances demonstrates counsels LACK of diligence in serving
his clients interest?
(A) Failing to file his clients appeal brief despite 2 extensions upon the excuse that the client
did not coordinate with him.
(B) Failing to send to client a requested legal opinion until after the latter gave him the
additional documents he requested.
(C) Failing to rehearse his client on his testimony before the trial.
(D) Updating his client about the status of his case by phone and electronic mail.
(A) Failing to file his clients appeal brief despite 2 extensions upon the excuse that the
client did not coordinate with him.
The granting of extensions is generally frowned upon by the courts. The fact that it was
granted twice in favor of the counsel should have given him/her sufficient time to file the
appeal brief, Canon 18 expressly states that a lawyer shall serve his client with competence
and diligence, and this includes the duty to file the necessary pleadings on time.

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[2011]
Which of the following demonstrates a lawyers fidelity to known practices and
customs of the bar regarding a case he is handling?
(A) Treating his clients disclosures as confidential but not the documents he submits for
review.
(B) Meeting with his clients opponent over lunch to discuss settlement without telling his
client.
(C) Accepting a tough case although he is new in practice, trusting that his diligence would
make up for lack of experience.
(D) Inviting the judge hearing the case to dinner with no purpose to discuss the case with
him.
(C) Accepting a tough case although he is new in practice, trusting that his diligence would
make up for lack of experience.
A lawyer has the duty to serve his client with competence and diligence (Canon 18). This
includes giving the attention and care required given a certain situation. It does not require
that only lawyers with experience are the only ones who can accept cases.
CANON 19: Representation with zeal within legal bounds

[2011]
Elaine filed a complaint against Fely before their barangay concerning a contract
that they entered into. During conciliation, Fely came with Sarah, who claimed the right to
represent her minor sister. The barangay captain let Sarah assist her sister. Eventually, the
barangay issued a certificate to file action after the parties failed to settle their differences.
When Sarah formally appeared as lawyer for her sister, Elaine filed an administrative complaint
against her for taking part in the barangay conciliation and preventing the parties from taking
meaningful advantage of the same. Is Sarah liable?
(A) No, because she has to represent her sister who was a minor.
(B) No, because the Court can always dismiss the case without prejudice to a genuine
conciliation.
(C) Yes, because what Sarah did was deceitful and amounts to fraud.
(D) Yes, because as a lawyer, she is absolutely forbidden to appear in barangay
conciliations
(D) Yes, because as a lawyer, she is absolutely forbidden to appear in barangay

conciliations.
Section 415 of the Local Government Code provides that: "Appearance of Parties in Person.
- In all katarungang pambarangay proceedings, the parties must appear in person without
the assistance of the counsel or representative, except for minors and incompetents who
may be assisted by their next of kin who are not lawyers."A lawyers duty is not to his client
but to the administration of justice, his clients success is wholly subordinate and his conduct
ought to and must always be unscrupulously observant of law and ethics. (Magsalang vs
People, 190 SCRA 360)
[2011]
On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private
counsel for a year with the consent of the Office of the Government Corporate Counsel
(OGCC). Shortly after, a leadership struggle erupted in NWD between faction A and faction B.
Siding with the first, Atty. Chito filed several actions against the members of faction B. Eventually,
the court upheld Faction B which thus revoked Atty. Chitos retainer on 14 January 2007. With
OGCCs approval, NWD hired Atty. Arthur in his place. When Atty. Arthur sought the dismissal of
the actions that Atty. Chito had instituted, the latter objected on the ground that his term had
not yet expired and Atty. Arthur had no vacancy to fill up. Is Atty. Chito right?
A. No, because Atty. Chitos continued appearances in the cases were without authority
since 14 January 2007.

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B. No, because Atty. Arthur would have violated the rule on forum shopping.
C. Yes, because Atty. Chitos retainer and authority remained valid until 17 April 2006.
D. No, because Atty. Chito has the duty to expose the irregularities committed by the
members of Faction B.
(A) No, because Atty. Chitos continued appearances in the cases were without authority
since 14 January 2007.
The lawyer properly represented faction A within the bounds of law since he was no longer
authorized to represent the NWD when his retainer was revoked on January 14, 2007.
Retainer is defined as act of the client by which he engages the services of an attorney to
render legal advice or to defend or prosecute his cause in court. Hence, the act of revoking
the lawyers retainer means that the client no longer engages the services of the lawyer.
[2013]
Candido engaged the services of Atty. Lebron in a criminal case. In the course of
their consultations, Candido admitted to Atty. Lebron that he committed the crime and in fact
actively planned its commission. He stressed, however, that under no circumstance would he
admit or confess to the murder charge he is facing and, in fact, would enter a plea of ""not
guilty"" on arraignment.
If Candido insists on his planned plea, Atty. Lebron should __________. (1%)
(A) discontinue his representation; to continue would be unethical since he would then be
aiding the accused in foisting a deliberate falsehood on the court
(B) allow Candido to choose his course of action; Atty. Lebrons duty is to protect all his
legal and statutory rights
(C) convince Candido to plead guilty and withdraw from the case if Candido refuses to
heed his advice
(D) file a manifestation, if Candido pleads ""not guilty,"" declaring to the court what he
knows of the truth.
(E) play matters by ear and wait for developments as Candido may still plead guilty.
(B) allow Candido to choose his course of action; Atty. Lebrons duty is to protect all his legal
and statutory rights
It is the duty of an attorney that 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.
[2013]
Atty. Bravo represents Carlos Negar (an insurance agent for Dormir Insurance Co.) in
a suit filed by insurance claimant Andy Limot who also sued Dormir Insurance. The insurance
policy requires the insured/claimant to give a written notice to the insurance company or its
agent within 60 days from the occurrence of the loss.
Limot testified during the trial that he had mailed the notice of the loss to the insurance
agent, but admitted that he lost the registry receipt so that he did not have any documentary
evidence of the fact of mailing and of the timeliness of the mailed notice. Dormir Insurance
denied liability, contending that timely notice had not been given either to the company or its
agent. Atty. Bravos client, agent Negar, testified and confirmed that he never received any
notice.
A few days after Negar testified, he admitted to Atty. Bravo that he had lied when he denied
receipt of Limots notice; he did receive the notice by mail but immediately shredded it to
defeat Limots claim.
If you were Atty. Bravo, what would you do in light of your clients (Carlos Negars) disclosure
that he perjured himself when he testified? (8%)
Canon 19, Rule 19.02 is clear: A lawyer who has received information that his client has, in
the course of the representation, perpetrated a fraud upon a person or tribunal, shall

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promptly call upon the client to rectify the same, and failing which he shall terminate the
relationship with such client in accordance with the Rules of Court. As such, if I were Atty.
Bravo, I would promptly call on Negar to rectify such fraud. If he fails to do so, I will terminate
my attorney-client relationship with Negar in accordance with the Rules of Court.
CANON 20: Attorneys fees

Contingency Fee Arrangements
[2008]
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 fee contingent 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. (4%) [xxx]
The refusal of Chester to pay is unjustified. A contingent fee is impliedly sanctioned by Rule
20.01 (f) of the CPR. A much higher compensation is allowed as contingent fees 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 decided by the Regional Trial Court in favor of Chester, which shows that
Atty. Laarni has already rendered service to the client.
Chesters refusal to pay Atty. Laarni P150 million as attorneys fees on the ground that it is
excessive, is justified. In the case of Sesbreno v. Court of Appeals (245 SCRA 30 [1995]), the
Supreme Court held that contingent fee contracts are under the supervision and close
scrutiny of the court in order that clients may be protected from unjust charges and that
its validity depends on a large measure on the reasonableness of the stipulated fees under
the circumstances of each case. Also, stipulated attorneys fees are unconscionable
whenever the amount is by far so disproportionate compared to the value of the services
rendered as to amount to fraud perpetrated against the client. Considering the
circumstances that the case was decided by settlement of the property developer, the
attorneys fee of P150 Million would be unconscionable.
[2010]
For services to be rendered by atty. Delmonico as counsel for Wag Yu in a case
involving 5,000 sqm of land, the two agreed on a success fee of P50,000 plus 500 sqm of the
land. The trial Court rendered judgment in favor of Wag Yu which became final and
executory.After recievin P50,000 atty Delmonico demanded transfer to him of the promised 500
sqm. Instead of complying. Wag Yu filed an administrative complaint charging atty. Delmonico
with violation of the CPR and art 1915(5) of the CIvil Code for demanding the delivery of a
portion of the land subject to litigation. Is atty Delmonico liable under the CPR snd Civil Code?
Explain (5%)
Atty. Delmonico is not guilty of violating the CPR and the Civil Code. He and his client
agreed on a success fee of P50,000 + the 500 sqm of the land involved in the case that he
was handling.This is a contingent fee contract which is allowed under cannon 20, rule 20.01
of the CPR and cannon 13 of the CPE. A contingent fee agreement does not violate 1491 of

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the Civil Code, because the transfer or assignment of the property in litigation takes effect
only after the finality of a favorable judgment (Dir. of lands vs Ababa, 88 SCRA 513 [1979]).
[2011]
Atty. Arthur agreed to represent Patrick in a personal injury case after the latter
signed a retainer agreement for a 33% fee contingent on their winning the case. In the course
of trial, Patrick dismissed Atty. Arthur after he presented their evidence in chief and engaged
Atty. Winston another lawyer. They lost the case. What fee would Atty. Arthur be entitled to?
(A) Thirty three percent of the fee actually paid to Winston.
(B) The reasonable value of his services.
(C) A flat hourly rate for the time he invested in the case.
(D) Absolutely nothing.
(D)Absolutely nothing.
Contingent Contract It is an agreement in which the lawyer's fee, usually a fixed
percentage of what may be recovered in the action, is made to depend upon the success
in the effort to enforce or defend the client's 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.
Champertous Contracts
[2006]
The contract of attorney's fees 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 turn, he will assume payment of all expenses of the litigation.
Is the agreement valid? 2.5%
The agreement that the lawyer will assume payment of all the expenses of litigation makes
it a champertous contract, which is invalid.
[2006]
"The contract of attorney's fees 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 turn, he will assume payment of all expenses of the litigation.
May Atty. Quintos and Susan increase the amount of the contingent fee to 80%? 2.5%
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 attorney's fees are always subject to control
by the courts.
[2010]
Frida engaged the services of Atty. Garudo to represent her in a complaint for
damages. The two agreed that all exenses incurred in connection witht eh case would first be
shouldered by Atty. Garudo and he would be paid for his legal services and reimbursed for all
expenses which he had advanced out of whatever Frida may recieve upon the termination of
the case. What kind of contract is this? (2%)
This appears to be a champertous contract, which is invalid. Atty. Garudo agreed to

shoulder all expenses in connection with the case, and Frida will reimburse him only out of
whatever Frida may receive upon termination of the case. In other words, Atty. Garudo will
be reimbursed only if he will be successful in winning the case for Frida. If he is not successful,
he will not be reimbursed. He is, thus investing in the outcome of the case.

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Attorneys Liens
[2008]
The vendor filed a case against the vendee for the annulment of the sale of a piece
of land.
c. 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%)
d. 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%)
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
judgment secured in the main action by the attorney in favor of his client (Metropolitan
Bank v. Court of Appeals, 181 SCRA 376 [1990]). 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.
[2008] State, with a brief explanation, whether the lawyer concerned may be sanctioned for
the conduct stated below. [xxx]
e. Refusing to return certain documents to the client pending payment of his attorneys fees.
(3%) [xxx]
He may not be sanctioned. He is entitled to a retaining lien by virtue of which he may

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 (Sec. 37, Rule 138, Rules
of Court).

A charging lien, as distinguished from a retaining lien, is an active lien which can be enforced
by execution.
TRUE. It is active because it requires the lawyer to charge the judgment and its execution
for the payment of his fees.

The satisfaction of a judgment debt does not, by itself, bar or extinguish the attorneys liens,
except when there has been a waiver by the lawyer, as shown by his conduct or his passive
omission.
TRUE. In the case of Sesbreno vs CA (551 SCRA 254 [2008]), the Supreme Court held that
the satisfaction of the judgment extinguishes the lien if there has been a waiver as shown
either by the lawyers conduct or by his passive omission. No rule will allow a lawyer to
collect from his client and then collect anew from the judgment debtor except, perhaps,
on a claim for a higher amount.

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[2011]
After Atty. Benny got a P2 million final judgment in his clients favor, he promptly
asked the court, without informing his client, to allow him a charging lien over the money in the
amount of P500,000, his agreed fees, The Court issued a writ of execution for the whole
judgment in Atty. Benny's name with an order for him to turn over the excess to his client. Is Atty.
Bennys action correct?
(A) No, since his fees are excessive.
(B) Yes, since he was merely asserting his right to collect his fees.
(C) Yes, since he would anyway give the excess to his client after getting his fees.
(D) No, since he did not disclose to his client the matter of getting a charging lien and a writ
of execution in his name.
(D) No, since he did not disclose to his client the matter of getting a charging lien and a writ
of execution in his name.
There are five requisites for the enforceability of the charging lien: (1) An attorney-client
relationship, (2) the attorney has rendered services, (3) favourable money judgment
secured by the counsel for his client, (4) the attorney has a claim for attorneys fees or
advances, and (5) a statement of the claim has been duly recorded in the case with notice
thereof served upon the client and the adverse party. In this case, the last requisite was
absent.
[2011]
Which of the following characteristics pertains to a charging lien?
(A) It cannot attach to judgments for delivery of real estates.
(B) It involves documents placed in the lawyers possession by reason of the retainer.
(C) It does not need any notice to the client to make it effective.
(D) It may be exercised before judgment or execution
(A) It cannot attach to judgments for delivery of real estates.

Charging lien refers to an equitable right to have the fees and lawful disbursements due a
lawyer for his services, secured to him out of a money judgment. It does not attach to
judgments of real estates.
[2012]
What is a retaining lien?
(A) The lawyer who handled the case during the trial stage should continue to be retained
up to the appeal.
(B) The right of the lawyer to be retained as counsel for a party until the entire case is
finished.
(C) The right of a lawyer who is discharged or withdrawn to keep the records and property
of the client in his possession until his lawful services have been paid.
(D) The prerogative of a client's retainer to recover out-of-pocket expenses.
(C) The right of a lawyer who is discharged or withdrawn to keep the records and property
of the client in his possession until his lawful services have been paid.
Section 37 of Rule 138 of Rules of Court states An attorney shall have a lien upon the funds,
documents and papers of his client which have lawfully come into his possession and may
retain the same until his lawful fees and disbursements have been paid, and may apply
such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all
judgments for the payment of money, and executions issued in pursuance of such
judgments, which he has secured in a litigation of his client, from and after the time when
he shall have the caused a statement of his claim of such lien to be entered upon the
records of the court rendering such judgment, or issuing such execution, and shall have the
caused written notice thereof to be delivered to his client and to the adverse party; and he
shall have the same right and power over such judgments and executions as his client
would have to enforce his lien and secure the payment of his just fees and disbursements

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Fees and controversies with clients

[2006]
"What is ""Assumpsit"" and when is it proper? 2%
Assumpsit is an action in common law for the recovery of damages for the nonperformance of a parol or simple contract, (Bouvier's Law Dictionary, Vol. 1, pp. 269-270).
The term has been used in relation to the collection of attorney's fees on a quantum meruit
basis. Where the lawyer has been employed without a contract for his compensation, he is
entitled to recover an amount his services merit, on the basis of an implied promise by the
client to pay for such services. This has been referred- to as an assumpsit on quatum meruit
(Quilban v. Robinol 171 SCRA 768 [1989]).
[2006]
Give 4 instances when a client may validly refuse to pay his lawyer the full amount of
attorney's fees stipulated in their written contract. 4%
Any four of the following instances constitute valid grounds for client to refuse to pay the
full amount of the attorney's fees stipulated in their contract:
o When the lawyer was negligent in the performance of his duties;
o When the lawyer gave just cause for the termination of his services;
o When the lawyer unceremoniously withdraws from or abandons a case without just
cause;
o When the lawyer simultaneously represents an adverse interest without his client's
consent;
o When the amount fixed is excessive, unconscionable, or unreasonable;
o Where the contract of employment is void because of some irregularity in its
execution or as to purely formal matters."
Quantum Meruit
[2007]
When is recovery of attorney's fees based on quantum meruit allowed?
Recovery of attorneys fees on the basis of quantum meruit is authorized when:

(1) there is no express contract for payment of attorneys fees agreed upon between the
lawyer and client;
(2) when although there is a formal contract, the fees stipulated are found unconscionable
or unreasonable by the court;
(3) when the contract for attorneys fees is void due to purely formal defects of execution;
(4) when the counsel, for justifiable cause, was not able to finish the case to its conclusion;
and
(5) when lawyer and client disregard the contract for attorneys fees.
[2011]
Atty. Franciscos retainer agreement with RXU said that his attorney's fees in its case
against CRP "shall be 15% of the amounts collected." Atty. Francisco asked the trial court to
issue a temporary restraining order against CRP but this was denied, prompting him to file a
petition for certiorari with the Court of Appeals to question the order of denial. At this point, RXU
terminated Atty. Franciscos services. When the parties later settled their dispute amicably, CRP
paid RXU P100 million. Because of this, Atty. Francisco came around and claimed a 15% share
in the amount. What should be his attorneys fees?
(A) Nothing because the compromise came after RXU terminated him.
(B) 15% of what CRP paid RXU or P15 million.
(C) A reasonable amount that the court shall fix upon proof of quantum meruit.
(D) Nothing since he was unable to complete the work stated in the retainer contract.
(C) A reasonable amount that the court shall fix upon proof of quantum meruit.

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Quantum Meruit means as much as the lawyer deserves or such amount as his services
merit; fixed by court). Because the lawyers services were terminated, quantum meruit may
be paid for services which are not performed as when the counsel withdrew before the
case is finished, expect when withdrawal is justified.
[2012]
Mr. Joey owns a 5-hectare parcel of land which is being expropriated as market site.
The government is offering only Php 15 per sqm while Mr. Joey deserves Php 20 per sqm. Atty. AI
agreed to represent Mr. Joey in the expropriation case on contingent basis in that his attorney's
fees shall be the excess of Php 20 per sqm. Due to expert handling, the expropriation court
awarded Mr. Joey the fair market value of Php 35 per sqm. Mr. Joey complained to the court
that the attorney's fee being charged is excessive as it amounts to about 63% of the award.
Decide.
(A) A retainer's agreement, as a contract, has the force of law between the parties and must
be complied with in good faith.
(B) It was the excellent handling of the case that resulted in a bigger award; hence, it is fair
that Atty. AI should be rewarded with the excess.
(C) Mr. Joey got the desired valuation for his land. So, he must honor his contract with Atty.
AI.
(D) Attorney's fees is always subject to court supervision and may be reduced by the court
based on quantum meruit.
(D) Attorney's fees is always subject to court supervision and may be reduced by the court
based on quantum meruit.
This is because Canon 20 expressly provides that a lawyer shall charge only fair and
reasonable fees.
CANON 21: Preservation of clients confidences

Prohibited disclosures and use
[2008]
Christine was appointed counsel de oficio for Zuma, who was accused of raping his
own daughter. Zuma pleaded not guilty but thereafter privately admitted to Christine that he did
commit the crime charged. [xxx]
b. Can Christine disclose the admission of Zuma to the court? Why or why not? (2%) [xxx]
b. Christine cannot disclose the admission of Zuma to the Court. If she does so, she will
violate her obligation to preserve confidences or secrets of her client (Canon 21, Rule 21.02,
CPR). The privileged communication between lawyer and client may be used as a shield to
defend crimes already committed.
[2008]
In need of legal services, Niko secured an appointment to meet with Atty. Henry of
Henry & Meyer Law Offices. During the meeting, Niko divulged highly private information to Atty.
Henry, believing that the lawyer would keep the confidentiality of the information. Subsequently,
Niko was shocked when he learned that Atty. Henry had shared the confidential information
with his law partner, Atty. Meyer, and their common friend, private practitioner Atty. Canonigo.
When confronted, Atty. Henry replied that Niko never signed any confidentiality agreement,
and that he shared the information with the two lawyers to secure affirmance of his legal
opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain fully. (7%)
Atty. Henry violated Canon No. 21 of the CPR by sharing information obtained from his
client Niko with Atty. Canonigo. Canon No. 21 provides that a lawyer shall preserve the
confidences or secrets of his client even after the attorney-client relationship is terminated.

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The fact that Atty. Canonigo is a friend from whom he intended to secure legal opinion on
Nikos problem does not justify such disclosure. He cannot obtain collaborating counsel
without the consent of the client. (Rule 18.01, CPR).
On the other hand, Atty. Henry did not violation Canon 21 in sharing information with
his partner Atty. Meyer. Rule 21.04 of the CPR specifically provides that a lawyer may
disclose the affairs of a client of the firm to partners or associates thereof unless prohibited
by the client. Atty. Henry was not prohibited from disclosing the affairs of Niko with the
member of his law firm. The employment of a member of a firm is generally considered as
employment of the firm itself (Hilado v. David, 84 Phil. 569 [1949]).
[2012]
Atty. Lorna, a legal officer of a government agency, and Chona, a nurse in the
medical department, were best friends. At one time, Chona consulted Atty. Lorna about a legal
matter, revealing that she is living with a married man and that she has a child out of wedlock
fathered by another man. Later, the relation between Atty. Lorna and Chona soured. When
Chona applied for promotion, Atty. Lorna filed immorality charges against Chona utilizing solely
the disclosure by the latter of her private life. Chona objected and invoked confidentiality of
information from attorney-client relationship. Decide.
(A) There is no attorney-client relationship because, being in the government, Atty. Lorna is
disallowed from practicing her profession.
(B) No lawyer-client relationship privilege because the information was given as a friend,
and not as a lawyer.
(C) Personal secrets revealed to Atty. Lorna for the purpose of seeking legal. advice is
covered by attorney-client privilege.
(D) There is no attorney-client relationship because no attorney's fee was paid to Atty.
Lorna.
Personal secrets revealed to Atty. Lorna for the purpose of seeking legal. advice is covered
by attorney-client privilege
[A] lawyer who incidentally was also then a friend, to bare what she considered personal
secrets and sensitive documents for the purpose of obtaining legal advice and assistance.
The moment complainant approached the then receptive respondent to seek legal
advice, a veritable lawyer-client relationship evolved between the two. [Hadjula vs.
Madianda, 526 SCRA 241(2007)]
Disclosure, when allowed

[2012]
A recovery of ownership complaint was filed by the Dedo and Dedo Law Firm,
through Atty. Jose Dedo as counsel. During all the phases of trial, it was Atty. Jose Dedo who
appeared. Unfortunately, Atty. Jose Dedo died before completion of trial. Notices and orders
sent to the Dedo and Dedo Law Firm were returned to the court with the manifestation that Atty.
Dedo already died and requesting the court to directly send the matters to the client. Is this
proper?
(A) No, the law firm- through another lawyer - should continue to appear for the client.
(B) Yes, because the death of the handling lawyer terminates the attorney-client
relationship.
(C) Yes, because attorney's fees was not paid to the law firm.
(D) No, it will be unjust for the client to pay another lawyer.
(A) No, the law firm- through another lawyer - should continue to appear for the client.
Rule 21.04 states that a lawyer may disclose the affairs of a client in the firm to partners or
associates thereof unless prohibited by the client. In the absence of any prohibition to
disclose, the law firm may designate another lawyer to represent the client in the interest of
justice.

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CANON 22: Withdrawal of services

Duty to Withdraw only when Allowed by Law
[2004]
On the eve of the Initial hearing for the reception of evidence for the defense, the
defendant and his counsel had a conference where the client directed the lawyer to present as
principal defense witnesses two (2) persons whose testimonies were personally known to the
lawyer to have been perjured. The lawyer informed his client that he refused to go along with
the unwarranted course of action proposed by the defendant. But the client insisted on his
directive, or else he would not pay the agreed attorney's fees.
When the case was called for hearing the next morning. the lawyer forthwith moved in open
court that he be relieved as counsel for the defendant. Both the defendant and the plaintiffs
counsel objected to the motion.
B. Under the given facts, is the defense lawyer legally justified in seeking withdrawal from
the case? Why or why not? Reason briefly. (5%)
C. B. Was the motion for relief as counsel made by the defense lawyer in full accord with
the procedural requirements for a lawyer's withdrawal from a court ease? Explain
briefly.(5%)
A. Yes, he is justified. Under Rule 22.01 of the Code of Professional Responsibility, a lawyer
may withdraw his services lithe client insists that the lawyer pursue conduct violative of these
canons and rules". The Insistence of the client that the lawyer present witnesses whom he
personally knows to have been perjured, will expose him to criminal and civil liability and
violate his duty of candor, fairness and good faith to the court.
B. No, his actuation is not in accord with the procedural requirements under Section 26,
Rule 138 of the Rules of the Court for the lawyer's withdrawal from a court case. Whether or
not a lawyer has a valid cause to withdraw from a case, he cannot just do so and leave the
client in the cold unprotected. He must serve a copy of his petition upon the client and the
adverse party. He should, moreover, present his petition well in advance of the trial of the
action to enable the client to secure the services of another lawyer.
[2011]
A difficult client directed his counsel to bring up to the Supreme Court the trial courts
dismissal of their action. Counsel believes that the trial court acted correctly and that an appeal
would be futile. Which of the following options should counsel take?
(A) Withdraw from the case to temper the clients propensity to litigate.
(B) Engage a collaborating counsel who can assist in the case.
(C) Submit a new retainer proposal to the client for a higher fee.
(D) Elevate the case to the Supreme Court as directed by client.
(A) Withdraw from the case to temper the clients propensity to litigate.
Rule 22.01 -A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these canons and
rules;
c) When his inability to work with co-counsel will not promote the best interest of the
client;
d) When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and

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g) Other similar cases.
If the lawyer blindly obeys the order of his client, he would be violating Rule 12.04 of the
Code which provides that a lawyer shall not unduly delay a cause, impede the execution
of judgment or misuse Court processes. Since the client insists the lawyer to pursue conduct
which is violative of Rule 12.04 of the Code, the lawyer is justified to withdraw from the case.
[2011]
Which of the following is required of counsel when withdrawing his services to a
client in a case?
(A) Counsels desire to withdraw, expressed in his motion.
(B) Payment of withdrawal fee.
(C) Opposing counsels conformity to the withdrawal.
(D) Clients written consent filed in court.
(D) Clients written consent filed in court.

In withdrawal as counsel for a client, an attorney may only retire from a case either by
written consent of his client or by permission of the court after due notice and hearing, in
which event the attorney should see to it that the name of the new attorney is recorded in
the case (Humberto Lim vs. Atty. Villarosa, A.C. No.5303, 15 JUne 2006).
[2012]
Atty. Atras was the counsel for Mr. Abante. Soon after the case was submitted for
decision, Mr. Abante got the files and informed Atty. Atras that he was hiring another lawyer. On
that same day, a copy of the decision was received by Atty. Atras but he did not do anything
anymore. He also' failed to file his withdrawal, and no appearance was made by the new
counsel. When Mr. Abante found out about the adverse decision, the period to appeal had
lapsed. Was service to Atty. Atras effective?
(A) Yes, Atty. Atras is still considered the counsel of record until his withdrawal of
appearance has been actually filed and granted.
(B) Service should be done on Mr. Abante because he had already severed lawyer-client
relationship with Atty. Atras.
(C) Service should be done on the new counsel as soon as he enters his appearance.
(D) Service upon Atty. Atras is not effective because his services have already been
terminated by the client.
(A) Yes, Atty. Atras is still considered the counsel of record until his withdrawal of
appearance has been actually filed and granted.
Without a proper revocation of his authority and withdrawal as counsel, respondent remains
counsel of record for the complainants.; and whether he has a valid cause to withdraw
from the case, he cannot immediately do so and leave his clients without representation.
An attorney may only retire from the case either by a written consent of his client or by
permission of the court after due notice and hearing, in which event, the attorney should
see to it that the name of the new attorney is recorded in the case. [Venterez vs. Cosme,
535 SCRA 378, October 10, 2007]
C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules

of Court)
1. Nature and characteristics of disciplinary actions against lawyers
Sui generis

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[2004]
Alleging that Atty. Malibu seduced her when she was only six-teen (16) years old,
which resulted in her pregnancy and the birth of a baby girl, Miss Magayon filed a complaint for
his disbarment seven years after the alleged seduction was committed.
Atty. Malibu contended that, considering the period of delay. the complaint filed against
him can no longer be entertained much less prosecuted because the alleged offense has
already prescribed.
Is Atty. Malibu's contention tenable or not? Reason briefly. (5%)
Atty. Malibu's contention is not tenable. Disciplinary proceedings are sui generis. They are
neither civil nor criminal proceedings. Its purpose is not to punish the individual lawyer but to
safeguard the administration of justice by protecting the court and the public from the
misconduct of lawyers and to remove from the profession of law persons whose disregard of
their oath of office proves them unfit to continue discharging the trust reposed in them as
members of the bar. Disbarment is imprescriptible. Unlike ordinary proceedings. it is not
subject to the defense of prescription. The ordinary statute of limitations has no application
to disbarment proceedings (Cabo v. Degamo. 20 SCRA 1162 11967).
[2009]
Atty. Hyde, a bachelor, practices law in the Philippines. On long weekends, he dates
beautiful actresses in Hong Kong. Kristine, a neighbor in the Philippines, filed with the Supreme
Court an administrative complaint against the lawyer because of sex videos uploaded through
the internet showing Atty. Hydes sordid dalliance with the actresses in Hong Kong.
In his answer, Atty. Hyde (1) questions the legal personality and interest of Kristine to institute
the complaint [xxx] (5%)
(1) The legal personality and interest of Kristine to initiate the complaint for disbarment is
immaterial. A disbarment proceeding is sui generis, neither civil nor a criminal proceeding.
Its sole purpose is to determine whether or not a lawyer still deserves to be a member of the
bar. In a real sense, Kristine is not a plaintiff, hence, interest on her part is not required.
[2010]
Is the defense of Atty. R in a disbarment complaint for immorality filed by his
paramour P that P is in pari delicto material or a ground for exoneration? Explain (3%)
The defense of in pari delicto is immaterial in an administrative case which is sui generis.
The administrative case is about the lawyer's conduct, not the woman's (Mortel v. Aspiras,
100 Phil 586 [19856]).
[2011]
After several years as a private practitioner, Ben got appointed as Regional Trial
Court judge. Five years after his appointment, he received summons directing him to answer a
disbarment complaint that pertained to a document he notarized more than 10 years ago from
appointment date. He sought the dismissal of the complaint arguing that the cause of action
has prescribed. Must the complaint be dismissed?
(A) No, because such complaints do not prescribe.
(B) Yes, because the complaint creates a chilling effect on judicial independence.
(C) No, but the complaint should be verified to ensure transparency.
(D) Yes, because actions on contracts prescribe in 10 years.
(A) No, because such complaints do not prescribe.

The defense of prescription is untenable. The Court has held that administrative cases
against lawyers do not prescribe. The lapse of considerable time from the commission of
the offending act to the institution of the administrative complaint will not erase the
administrative culpability of a lawyer. Otherwise, members of the bar would only be
emboldened to disregard the very oath they took as lawyers, prescinding from the fact that
as long as no private complainant would immediately come forward, they stand a chance

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of being completely exonerated from whatever administrative liability they ought to answer
for. (Fidela Bengco and Teresita Bengco vs. Atty. Pablo Bernardo, A.C. No. 6368, June 13,
2012)
2. Grounds
Crime Involving Moral Turpitude
[2009]
Atty. Simeon persuaded Armando, Benigno and Ciriaco to invest in a business
venture that later went bankrupt. Armando, Benigno and Ciriaco charged Atty. Simeon with
estafa. Simultaneously, they filed an administrative complaint against the lawyer with the
Supreme Court.
a.If Simeon is convicted of estafa, will he be disbarred? Explain. (3%)
b.If Simeon is acquitted of the estafa charge, will the disbarment complaint be dismissed?
Explain. (3%)
(a) YES. One of the grounds for disbarment under Sec. 27, Rule 138 is a conviction of a crime
involving moral turpitude. Estafa is a crime involving moral turpitude.
(b) Not necessarily. If the acquittal is based on the ground that no crime was committed, or
that Simeon is innocent, the administrative case may be dismissed. But if the acquittal is
based merely on reasonable doubt, the disbarment proceeding is to determine whether a
lawyer still deserves to remain a member of the bar. For such determination, conduct which
merely avoids the penalty of the law is not sufficient.
[2010]
Atty. Candido commented in a newspaper that the decision of the Court of Appeals
was influenced by a powerful relative of the prevaling party. The appelate Court found him
guilty of indirect contempt. Does this involve moral turpitude? Explain (3%)
Moral turpitude has been defined as everything which is done contrary to justice, modesty,
or good morals, and social duties which a man owes his fellowmen, or to society in general,
contrary to justice, modesty or good morals" (Soriano vs, Dizon, 480 SCRA 1 [2006]). Based on
this definition, it would appear that the published comment of Atty. Candido does not
constitute "moral turpitude" although contemptuous
[2012]
Which of these is not a ground for disbarment?
(A) Conviction of a crime involving moral turpitude.
(B) Belligerent disobedience to a lawful order of a trial court.
(C) Malpractice or other gross misconduct in office.
(D) Grossly immoral conduct
(B) Belligerent disobedience to a lawful order of a trial court.

Rule 138, Sec. 27. Attorneys removed or suspended by Supreme Court on what grounds. A member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly
immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for
any violation of the oath which he is required to take before admission to practice, or for a
wilfull disobedience of any lawful order of a superior court, or for corruptly or wilfully
appearing as an attorney for a party to a case without authority so to do. The practice of
soliciting cases at law for the purpose of gain, either personally or through paid agents or
brokers, constitutes malpractice.

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Anonymous Complaints
[2010]
After passing the Philippine Bar in 1986, Richards practiced law until 1996 when he
migrated to Australia where he subsequently became an Australian citizen in 2000. As he kept
abreast of legal developments, petititoner learned about the citizenship retention and reacquisition act of 2003 ( RA 9225), pursuant to which he reacquired his Philippine citizenship in
2006. He took his oath of alegiance as a filipino citizen at the Philippine embassy in Canberra,
Australia. Jaded by the laid back life in the outback, he returned to the Philippines in December
of 2008, After the holidays, he established his own law office and resumed his practice of law.
Months later a concerned woman who had secured copies of Atty. Richard's naturalization
papers witht he consular authentication, filed with the SC an anonymous complaint against him
for illegal practice of law.
a. May the Supreme Court Act upon the coplaint filed by an anonymous person? Why or
why not? (3%)
b. Is the respondent entitled to resume the practice of law? Explain (5%)
a. Yes, the Supreme Court may act upon the complaintfiled by an anonymous
complainant, because the basis of the complaint consists of documents with
consularauthentications which can be verified being public records. There is noneed to
identify the complainant when the evidence is documented and verifiable (In re Echiverri
67 SCRA 467 [1975]) Besides, the supreme court or the IBP may initiate disbarment
proceedings motu proprio.
b. Yes as long as he observes the procedure laid down in Petition for Leave to Resume
Practice of Law of Benjamin Dacanay (b.M. No. 1678, December 17, 2007, 540 SCRA 424), to
wit: (a.) Updating and payment in full of the annual membership dues in the IBP; (b)
Payment of professional tax;(c) Completion of at least 36 credit hours of MCLE and (d)
Pretaking the lawyer's oath.
Failure to Comply with Duties

[2011]
Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of the
sellers were dead. Ely admitted that he notarized the deed of sale but only after his client
assured him that the signatures of the others were authentic. Later, Raul moved to have the
complaint against him dismissed on the ground that it was filed because of a misunderstanding
which had already been clarified. This prompted the IBP to recommend the dismissal of the
complaint. Can the dismissal be allowed?
(A) No, unless the complainant executes an affidavit of desistance.
(B) Yes, since no compelling reason remained to continue with it.
(C) Yes, but recall Ely's notarial commission since the charge against him seems meritorious.
(D) No, given Elys admission that he notarized the document when some signatories were
absent.
(D) No, given Elys admission that he notarized the document when some signatories were
absent.
Rule 138, Sec. 27 of the ROC provides that a lawyer may be disciplined on the ground of
legal malpractice or his failure to use such skill, prudence or diligence as lawyers of ordinary
skill and capacity in the performance of tasks which they undertake, and when such failure
proximately causes damage (Tan Tek Beng vs. David, A.C. No. 1261, December 21, 1983)
There is a violation of Rule II of the 2004 Rules on Notarial Practice which provides that: "SEC.

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14. Signature Witnessing. - The term signature witnessing refers to a notarial act in which an
individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or
document;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
(c) signs the instrument or document in the presence of the notary public"
3. Proceedings
[2004]
A disbarment complaint against a lawyer was referred by the Supreme Court to a
Judge of the Regional Trial Court for investigation, report and recommendation. On the date set
for the hearing of the complaint, the Judge had the case called for trial in open court and
proceeded to receive evidence for the complainant. What would you have done if you were
the counsel for the respondent-lawyer? Why? Reason briefly. (5%)
I would object to the holding of a trial in public. Disciplinary proceedings against an

attorney are confidential in nature until its termination. The professional success of a lawyer
depends almost entirely on his good reputation. If that is tarnished, it is difficult to restore the
same (Ibanez v. Virla, 107 SCRA 607 119811). To avoid the unnecessary ruin of a lawyer's
name, disbarment proceedings are directed to be confidential until their final
determination (Sec. 18, Rule 139-B, Rules of Court).
[2010]
Arabella filed a complaint for the disbarment against her estranged husband Atty. P
on the ground of immorality and use of illegal drugs. After Arabella resented evidence and
rested her case before the investigating commissioner of the IBP Committee on Bar Discipline,
she filed an affidavit of desistance and motion to dismiss the complaint, she and her husband
have reconciled for the sake of their children. You are the investigating Commissioner of the IBP.
Bearing in mind that the family is a social institution which the State is duty-bound to preserve,
what will be your action on Arabella's motion to dismiss the complaint? (3%)
I would still deny the motion to dismiss. The general rule is that "no investigatino shall be
interrupted or terminated by reason of the desistance, settlement, compromise restitution,
withdrawal of the charges or failure of the complainant to prosecute the same unless the
Supreme Court motu proprio or upon recomendation of the IBP Board of Governors
determines that there is no compelling reason to continue with the proceedings. An
administrative investigation of a lawyer is sui generis, neither a civil nor criminal proceeding.
An affidavit of desistance has no place in it.
[2011]
To whom may the Supreme Court refer complaints against lawyers for investigation?
(A) Integrated Bar of the Philippines.
(B) Office of the Bar Confidant.
(C) Judicial and Bar Council.
(D) Office of the Court Administrator.
(A) Integrated Bar of the Philippines.

RULE 139B. SECTION 1 states that:
The IBP Board of Governors may, motu proprio or upon referral by the Supreme
Court or by a Chapter Board of Officers, or at the instance of any person, initiate
and prosecute proper charges against erring attorneys including those in the
government service; Provided, however, that all charges against Justices of the
Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax
Appeals and lower courts, even if lawyers are jointly charged with them, shall be

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filed with the Supreme Court; Provided, further, that charges filed against Justices
and Judges before the IBP, including those filed prior to their appointment in the
Judiciary, shall immediately be forwarded to the Supreme Court for disposition and
adjudication.
Effect of Amnesty
[2012]
Because of his political beliefs, Atty. Guerra joined a rebel group. Later, he was
apprehended and charged with Rebellion in court. A disbarment case was also filed against
him. While the case was pending, the government approved a general amnesty program and
Atty. Guerra applied for and was granted amnesty. Should the disbarment case be also
dismissed automatically?
(A) Yes, because amnesty obliterates the criminal act.
(B) No, disciplinary action on lawyers are sui generis and general penal principles do not
strictly apply.
(C) No, a lawyer has the duty to maintain allegiance to the Republic of the Philippines and
to support the Constitution and obey the laws of the Philippines.
(D) Yes, if the Secretary of Justice approves the dismissal
(A) Yes, because amnesty obliterates the criminal act.

It must be taken note of that according to the Bar Discipline and Disbarment Rules, the rule
that pardon operates to wipe out the conviction and is a bar to any proceeding for the
disbarment of the attorney after the pardon has been granted applies only where the
pardon is absolute [In re Gutierrez, 5 SCRA 661(1962))
4. Discipline of Filipino lawyers practicing abroad

[2006]
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? 2.5%
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 be
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. However, such disbarment in the Philippines is not automatic. Atty. Perez is
still entitled to due notice and hearing. (In Re Suspension from the Practice of Law in the
Territory of Guam of Atty. Leon G. Maquera,.435 SCRA 417 [2004]).
[2006]
2.5%
1.
2.
3.
4.
5.
6.
7.
Which of the following acts does not constitute a ground for disbarment? Explain.
Gross misconduct
Fraudulent misrepresentation
Grossly immoral conduct
Violation of the Lawyer's 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

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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.
[2012]
Soon after Atty. Cesar passed the Philippine Bar in 1975, he also took the New York
State Bar and passed the same. He practiced law for 25 years in the USA, but he was disbarred
therein for insurance fraud. He returned to the Philippines and started to practice law. X, who
knew about his New York disbarment, filed a disbarment complaint with the IBP. Decide.
(A) The factual basis for the New York disbarment which is deceit also constitutes a ground
for disbarment in the Philippines.
(B) The acts complained of happened in a foreign country and cannot be penalized here.
(C) Norms of ethical behavior of lawyers are the same worldwide.
(D) A lawyer's fitness to become a lawyer must be maintained wherever he may be.
(A) The factual basis for the New York disbarment which is deceit also constitutes a ground
for disbarment in the Philippines.
Under Section 27, Rule 138 of the Revised Rules of Court, the disbarment or suspension of a
member of the Philippine Bar in a foreign jurisdiction, where he has also been admitted as
an attorney, is also a ground for his disbarment or suspension in this realm, provided the
foreign courts action is by reason of an act or omission constituting deceit, malpractice or
other gross misconduct, grossly immoral conduct, or a violation of the lawyers oath (Bar
Discipline and Disbarment Rules; See in the case of In Re: Suspension from the Practice of
Law in the Territory of Guam of Atty. Leon G. Maquera, 435 SCRA 417(2004))
D. Readmission to the Bar

Lawyers who have been repatriated
[2013]
Atty. Repatriar, a law school classmate, approached you on your 25th Class
Reunion, with questions on how he can resume the practice of law in the Philippines. He left the
country in 1977 after two (2) years of initial law practice, and migrated to the United States
where he was admitted to the practice of law in the State of New York. He asks that you give
him a formal legal opinion on his query.
Outline briefly the steps and the supporting legal reasons you would state in your legal opinion
on what Atty. Repatriar should do to resume his Philippine practice. (8%)
Atty. Repatriar must undertake the following steps in order to resume his Philippine practice.
Article 12, Section 14 of the Constitution limits the practice of all professions, including that of
law, only to Filipino citizens. By migrating, Atty. Repatriar lost his citizenship. As such, as he is
now, he may not practice law in the Philippines. As such, he should accomplish the
following:
First, he must comply with the requirements of R.A. No. 9225. The said law states that a
Filipino lawyer who becomes a citizen of another country is deemed never to have lost his
Philippine citizenship if he reacquires it in accordance with R.A. No. 9225. Second, after
complying with the requirements of R.A. No. 9225 and validly reacquiring his Philippine
citizenship, he must secure authority from the Supreme Court. Such authority may only be
secured upon compliance with the following: (1) updating and payment in full of annual
membership dues in the IBP; (2) payment of professional tax; (3) completion of at least 36
credit hours of mandatory continuing legal education; and (4) retaking of the lawyers oath.
After he has acquired said authority from the Supreme Court, he may now resume his
Philippine practice.

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E. Mandatory Continuing Legal Education

1. Purpose
[2012]
What is the purpose of MCLE?
(A) To conform with the requirements of international law.

(B) To provide a venue to improve fraternal relations among lawyers.
(C) To keep abreast with law and jurisprudence and to maintain the ethical standards of the
profession.
(D) To supplement legal knowledge due to substandard law schools.
(C) To keep abreast with law and jurisprudence and to maintain the ethical standards of the
profession
Rule 1, Section 1. Purpose of the MCLE: Continuing legal education is required of members
of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they
keep abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law
2. Requirements
[2013]
In order to comply with the MCLE requirements, Atty. Ausente enrolled in a seminar
given by an MCLE provider. Whenever he has court or other professional commitments, he
would send his messenger or a member of his legal staff to register his attendance at the MCLE
sessions so he could be credited with the required qualifying attendance. He would also ask
them to secure the printed handouts and the lecturers CDs, all of which he studied in his free
time.
Atty. Ausente should be __________. (1%)
(A) required to make up for his absence by attending lecture sessions in other MCLE
providers
(B) sanctioned because he circumvented or evaded full compliance with the MCLE
requirements
(C) excused because he attended to profession-related tasks, and fully studied the courses
through the materials and CDs he secured
(D) penalized by forfeiting all his earned MCLE units
(E) excused because attendance by proxy is a widespread and tolerated MCLE practice
(A) required to make up for his absence by attending lecture sessions in other MCLE
providers
According to Section 2 of the 2004 Notarial Practice Rules:
Non-compliance notice and 60-day period to attain compliance:
A member failing to comply will receive a Non-Compliance Notice stating the
specific deficiency and will be given sixty (60) days from the date of notification to
explain the deficiency or otherwise show compliance with the requirements. Such
notice shall contain, among other things, the following language in capital letters:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE
OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE
60 DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A
DELINQUENT MEMBER.
The Member may use this period to attain the adequate number of credit hours for
compliance. Credit hours earned during this period may only be counted toward
compliance with the prior compliance period requirement unless hours in excess of

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the requirement are earned, in which case, the excess hours may be counted
toward meeting the current compliance period requirement.
3. Compliance
[2011]
When does the initial MCLE compliance period of a newly admitted member of the
bar begin?
(A) On the first day of the month of his admission.
(B) On the tenth day of the month of his admission.
(C) On the third year after his admission as member.
(D) On the first year of the next succeeding compliance period.
(A) On the first day of the month of his admission.

According to Bar Matter No.850, Section 3, The initial compliance period after admission or
readmission shall begin on the first day of the month of admission or readmission and shall
end on the same day as that of all other members in the same Compliance Group
[2012]
The term of Dean Rex of X College of Law expired in the first year of the third
compliance period. Does his exemption extend to the full extent of said compliance period?
(A) No, he must comply with all the unit requirements.
(B) Yes, to the full extent.
(C) No, but comply proportionately.
(D) Yes, but he must apply for exemption
(A) No, he must comply with all the unit requirements.

Rule 7 BM 850. SEC. 4. Change of status. The compliance period shall begin on the first
day of the month in which a member ceases to be exempt under Sections 1, 2, or 3 of this
Rule and shall end on the same day as that of all other members in the same Compliance
Group.
[2012]
What is the duration of MCLE Compliance Period?
(A) Twelve (12) months;
(B) Twenty four (24) months;
(C) Thirty six (36) months;
(D) Eighteen (18) months.
(C) Thirty six (36) months;

Rule 3, Section 1. Initial compliance period: The initial compliance period shall begin not
later than three (3) months from the constitution of the MCLE Committee. Except for the
initial compliance period for members admitted or readmitted after the establishment of
the program, all compliance periods shall be for thirty-six (36) months and shall begin the
day after the end of the previous compliance period.
[2012]
When does compliance period begin?
(A) When the lawyer actually begins law practice;
(B) Upon admission/readmission to the Bar;
(C) 01 October 2009;
(D) 01 October 2006.
(B) admission/readmission to the Bar;

According to Bar Matter No.850, Section 3, The initial compliance period after admission or
end on the same day as that of all other members in the same Compliance Group

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[2012]
Does the MCLE requirement apply at once to a newly-admitted lawyer?
(A) Yes, if admitted to the Bar and there are four (4) more months remaining of the
compliance period.
(B) No, wait for the next compliance period.
(C) Yes, if he will start law practice immediately.
(D) Yes, if more than one (1) year remains of the compliance period.
(A)Yes, if admitted to the Bar and there are four (4) more months remaining of the
compliance period.
Rule 3, Sec. 5 Section 5. Compliance period for members admitted or readmitted after
establishment of the program. Xxx The initial compliance period after admission or
end on the same day as that of all other members in the same Compliance Group. (a)
Where four (4) months or less remain of the initial compliance period after admission or
readmission, the member is not required to comply with the program requirement for the
initial compliance. (b) Where more than four (4) months remain of the initial compliance
period after admission or readmission, the member shall be required to complete a number
of hours of approved continuing legal education activities equal to the number of months
remaining in the compliance period in which the member is admitted or readmitted. Such
member shall be required to complete a number of hours of education in legal ethics in
proportion to the number of months remaining in the compliance period. Fractions of hours
shall be rounded up to the next whole number.
4. Exemptions
[2006]
Atty. Oldie, 80 years old, refuses to pay his IBP dues. He argues he is a senior citizen
and semi-retired from the practice of law. Therefore, he should be exempt from paying IBP
dues.
For the same reasons, Atty. Oldie also insists that he should be exempt from the Mandatory
Continuing Legal Education (MCLE) requirements. Should he be exempt? 3%
Atty. Oldie is not exempt from the Mandatory Continuing Legal Education requirement.
The MCLE is required of all members of the Integrated Bar of the Philippines. As long as a
person is a member of the IBP. he should comply with the MCLE requirement.
[2011] Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the Arts and
Sciences Department of the Far Eastern University. In 2005, he moved to San Sebastian Institute
of Law where he taught Political Law. Is Atty. Mike exempt from complying with the MCLE for the
4th compliance period in April 2013?
(A) No, since he has yet to complete the required teaching experience to be exempt.
(B) No, because he is not yet a bar reviewer.
(C) Yes, since by April 2013, he will have been teaching law for more than 10 years.
(D) Yes, since he updated himself in law by engaging in teaching. (A) No, since he has yet
to complete the required teaching experience to be exempt.
(A) No, since he has yet to complete the required teaching experience to be exempt.
Under Bar Matter No. 850, as revised, "incumbent deans, bar reviewers and professors of law
who have teaching experience for at least ten (10) years in accredited law schools" in order
to be exempt from the mandatory continuing legal education (MCLE) requirement. Since
he only started teaching in San Sebastian College of Law in 2005, he has only 8 years o f
teaching experience as a professor of law which is not sufficient to be exempted in April
2013.

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[2012]
Atty. Galing is a Bar topnotcher. He has been teaching major subjects in a law
school for eight (8) years and has mastered the subjects he is handling. Is he exempt from the
MCLE requirement?
(A) No, eight (8) years experience is not enough.
(B) Yes, since he has mastered what he is handling.
(C) Yes, professors of law are exempted.
(D) No, since he is not yet a Bar reviewer.
(B) Yes, since he has mastered what he is handling.

Bar Matter 850, Rule 7 Sec. 1(j) Incumbent deans, bar reviews and professors of law who
have teaching experience for at least 10 years accredited law schools.
[2012]
Atty. Rey has been a professor in the Legal Management Department of Y University
for thirty (30) years. He teaches Constitution, Obligation and Contracts, Insurance, Introduction
to Law. Is he exempted from the MCLE requirement?
(A) Yes, because his teaching experience is already more than ten (10) years.
(B) No, because he is not teaching in the College of Law.
(C) Yes, because of his field of knowledge and experience.
(D) No, because Y University is not accredited.
(B) No, because he is not teaching in the College of Law.

Bar Matter 850, Rule 7 Sec. 1(j) Incumbent deans, bar reviews and professors of law who
have teaching experience for at least 10 years accredited law schools.
F. Notarial Practice (A. M. No. 02-8-13-SC, as amended)

1. Qualifications of notary public
Relative Qualifications
A notary public is disqualified from performing a notarial act when the party to the document is
a relative by affinity within the 4th civil degree.
TRUE. Section 3(c), Rule IV of the 2004 Rules on Notarial Practice provides that a notary
public is disqualified from performing a notarial act if he is a spouse, common law partner,
ancestor, descendant, or relative by affinity or consanguinity of the principal within the
fourth civil degree.
[2012]
The petition for appointment as a notary public should be filed with:
(A) The Office of the Court Administrator;
(B) The Clerk of Court;
(C) The MeTC Executive Judge;
(D) The RTC Executive Judge.
(B) The Clerk of Court

The petition shall be submitted to the Clerk of Court, which will be decided upon by the RTC
Executive Judge(Rule III of the 2004 Rules on Notarial Practice)
2. Powers and limitations


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[2012]
A party to a contract does not know how to write. Neither can he affix his
thumbmark because both hands were amputated. How will that person execute the contract?
(A) Ask the party to affix a mark using the toe of his foot in the presence of the notary public
and two (2) disinterested and unaffected witnesses to the instrument.
(B) Ask the party to hold the pen with his teeth and affix a + mark to be followed by the
signature of one friend.
(C) The party may ask the notary public to sign in his behalf.
(D) None of the above.
(C) The party may ask the notary public to sign in his behalf.
Rule IV (c) of the 2004 Rules on Notarial Practice states that a notary public is authorized to
sign on behalf of a person who is physically unable to sign or make a mark on an instrument
or document if: (1) the notary public is directed by the person unable to sign or make a
mark to sign on his behalf"
[2012]
The reports of a Notary Public are submitted to the:
(A) Executive Judge;
(B) Court Administrator;
(C) Notarial Archives;
(D) Clerk of Court."
(A) Executive Judge

Rule XI, Section 1 of the 2004 Rules on Notarial Practice states that an executive judge may
revoke commission for failure to submit report to him.
3. Notarial register
[2012]
A notary public is required to record chronologically the notarial acts that he
performs in the:
(A) Notarial Book;
(B) Roll of Documents Notarized;
(C) Notarial Register;
(D) Notarial Loose Leafs Sheets.
(B) Notarial Register

Rule II, Section 5 of the 2004 Rules on Notarial Practice states that Notarial Register refers
to a permanently bound book with numbered pages containing a chronological record of
notarial acts performed by a notary public.
4. Jurisdiction of notary public and place of notarization

[2009]
Atty. Sabungero obtained a notarial commission. One Sunday, while he was at the
cockpit, a person approached him with an affidavit that needed to be notarized. Atty.
Sabungero immediately pulled out from his pocket his small notarial seal, and notarized the
document. Was the affidavit validly notarized? Explain. (3%).
Section 2, Rule IV of the 2004 Rules on Notarial Practice provides that a notary public shall
not perform a notarial act outside his regular place of work or business, except in few
exceptional occasions or situations, at the request of the parties. Notarizing in a cockpit is
not one of such exceptions. The prohibition is aimed to eliminate the practice of ambulatory
notarization. However, assuming that the cockpit is within his notarial jurisdiction, the
notarization may be valid but the notary public should be disciplined.

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5. Revocation of commission
[2012]
Atty. Tony is a 25 year old Filipino lawyer. He has been a resident in Paranaque City
for about ten (1 0) years and holds office in his residence. He filed a petition for appointment as
Notary Public in Paranaque and has clearance from the I BP and the Bar Confidant. However, it
appears that while still a college student, he was convicted by a Laguna Court for Reckless
Imprudence Resulting in Damage to Property. During the summary hearing of his petition, the
offended party therein strongly objected on that ground. Can Atty. Tony be appointed?
(A) No, because he has a previous criminal record.
(B) No, because of the opposition.
(C) Yes, the offense of Reckless Imprudence does not involve moral turpitude.
(D) Yes, since the Reckless Imprudence case did not happen in the jurisdiction where Atty.
Tony is applying.
(C) Yes, the offense of Reckless Imprudence does not involve moral turpitude
Rule III of the 2004 Rules on Notarial Practice provides that moral turpitude connotes an act
of vileness, or depravity in private and social duties which a man owes to his fellowman, or
to society, done out of a spirit of cruelty, hostility, or revenge. [People vs. Yambot, 343 SCRA
20(2000)]
6. Expiration of commission
[2011]
When will Atty. Antonio's notarial commission expire if he applied for and was given
such commission on 12 November 2010?
(A) 31 December 2012
(B) 31 December 2011
(C) 11 November 2011
(D) 11 November 2012
(B) 31 December 2011

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform
notarial acts in any place within the territorial jurisdiction of the commissioning court for a
period of two (2) years commencing the first day of January of the year in which the
commissioning is made, unless earlier revoked or the notary public has resigned under these
Rules and the Rules of Court. (2004 Rules on Notarial Practice)
7. Competent evidence of identity

What constitutes an evidence of identity
[2007]
(a) What evidence of identity does the 2004 Rules on Notarial Practice require before
a notary public can officially affix his notarial seal on and sign a document presented by an
individual whom the notary public does not personally know? (5%)
(a) The required evidence of identity required before a notary public can officially affix his
notarial seal on and sign a document presented by an individual whom the notary public
does not personally know are as follows:
1. At least one current identification document issued by an official agency bearing the
photograph and signature of the individual;
2. The oath or affirmation of one credible witness not privy to the instrument, document or
transaction who is personally known to the notary public and who personally knows the
individual, or of two credible witnesses neither of whom is privy to the instrument,

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document or transaction who each personally knows the individual and shows to the
notary public documentary identification.
(b) When can Judges of the Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts
(MCTC) perform the function of notaries public ex officio, even if the notarization of the
documents are not in connection with the exercise of their official function and duties? (5%)
(b) MTC and MCTC judges assigned to municipalities of circuits with no lawyers or notaries
may, in their
capacity as notary public ex-officio perfrom any act within the competency of a regular
notary public provided that: (1) all notarial fees charged be for the account of the
government and turned over to the municipal treasurer and (2) certification be made in the
notarized documents attesting to the lack of any lawyer or notary public in such
municipality or circuit. "
[2010]
Enumerate the instances when a Notary Public may authenticate Documents without
requiring the physical presence of the signatories. (2%)
The physical presence of the signatories is not required in the following instances:
1. If the signatory is old or sick or otherwise unable toappear, his presence may be
dispensed with if one credible witness not privy to the instrument and who is known to
the notary public, certifies under oath or affirmation the identity of the signatory.
2. If two credible witnesses neither of whom is privy to the instrument, not known to the
notary public but can present their own competent evidence of identity, certify under
oath or affirmation to the identity of the signatory; and
3. In cases of copy certification and issuances of certified true copies.
[2011]
The acknowledgment appearing in a deed of sale reads: "Before me personally
appeared this 30 August 2010 Milagros A. Ramirez, who proved her identity to me through
witnesses: 1. Rosauro S. Balana, Passport UU123456; 1-5-2010/ Baguio City; and 2. Elvira N. Buela,
Passport VV200345; 1-17-2009/ Manila. "Both witnesses, of legal ages, under oath declare that:
Milagros A. Ramirez is personally known to them; she is the same seller in the foregoing deed of
sale; she does not have any current identification document nor can she obtain one within a
reasonable time; and they are not privy to or are interested in the deed he signed.
What is the status of such a notarial acknowledgment?
(A) Questionable since the notary public is not shown to personally know the principal
party.
(B) Ineffective since it included parties not privy to the deed.
(C) Invalid since the evidence of identity is non-compliant with the notarial rules.
(D) Valid since it is a manner of establishing the identity of the person executing the
document
(D)Valid since it is a manner of establishing the identity of the person executing the
document.
The phrase "competent evidence of identity" refers to the identification of an individual
based on at least one current identification document issued by an official agency bearing
the photograph and signature of the individual such as but not limited to, passport, driver's
license, Professional Regulations Commission ID, National Bureau of Investigation clearance,
police clearance, postal ID, voter's ID, Barangay certification, Government Service
Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior
citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman's book,
alien certificate of registration/immigrant certificate of registration, government office ID,
certificate from the National Council for the Welfare of Disabled Persons (NCWDP),

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Department of Social Welfare and Development certification (Section 12 of Rule II, 2004
Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC dated February 19, 2008)
[2012]
Which of these does not constitute competent evidence of identity?
(A) Passport;
(B) SSS card;
(C) Community Tax Certificate;
(D) Senior Citizen Card.
(C) Community Tax Certificate

The phrase "competent evidence of identity" refers to the identification of an individual
based on at least one current identification document issued by an official agency bearing
the photograph and signature of the individual such as but not limited to, passport, driver's
license, Professional Regulations Commission ID, National Bureau of Investigation clearance,
police clearance, postal ID, voter's ID, Barangay certification, Government Service
Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior
citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman's book,
alien certificate of registration/immigrant certificate of registration, government office ID,
certificate from the National Council for the Welfare of Disabled Persons (NCWDP),
Department of Social Welfare and Development certification (Section 12 of Rule II, 2004
Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC dated February 19, 2008)
[2013]
Under the 2004 Rules of Notarial Practice, what may used to satisfy the requirement
of "competent evidence of identity"? (1%)
(A) Passport, Senior Citizen card, HMO card.
(B) Police clearance, credit card, Professional Regulatory Commission ID.
(C) Voters ID, NBI clearance, Drivers license.
(D) Ombudsmans clearance, private office ID, PhilHealth card.
(D) All of the above.
(C) Voters ID, NBI clearance, Drivers license.

The law provides under Section 12 that competent evidence may be at least one current
identification document issued by an official agency bearing the photograph and
signature of the individual. This is the only option where all forms of identification comply by
(1) being issued by an official agency; (2) bearing the photograph; and (3) the signature of
the individual.
Effect of lack of competent evidence of identity

[2012]
What is the effect when the parties to a document acknowledged before a notary
public did not present competent evidence of identity?
(A) Voidable;
(B) Valid;
(C) Invalid Notarization;
(D) Unenforceable.
(C) Invalid Notarization;

In the case of Agbulos vs. Viray (AC No. 7350, 18 Feb 2013), the court decided that lawyers
commissioned as notaries public are mandated to discharge with fidelity the duties of their
offices, such duties being dictated by public policy and impressed with public interest.
To be sure, a notary public should not notarize a document unless the person who signed
the same is the very same person who executed and personally appeared before him to
attest to the contents and the truth of what are stated therein. Without the appearance of

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the person who actually executed the document in question, the notary public would be
unable to verify the genuineness of the signature of the acknowledging party and to
ascertain that the document is the partys free act or deed.
8. Effect of Lack of Receipt

[2013]
Ms. Seller and Mr. Buyer presented to a commissioned notary public a deed of sale
for notarization. The notary public explained to them the transaction the deed embodies and
asked them if they were freely entering the transaction. After the document was signed by all
the parties, the notary public collected the notarial fee but did not issue any BIR-registered
receipt. The notarization of the deed is __________.
(A) neither unlawful nor improper because he explained the basis for the computation of the
notarial fee
(B) unlawful because he did not issue a BIR-registered receipt and did not post in his office
the complete schedule of chargeable notarial fees
(C) proper because he is not required to issue receipts for notarial fees
(D) improper because he did not ask Ms. Seller and Mr. Buyer if they needed a receipt
(E) proper because any irregularity in the payment of the notarial fees does not affect the
validity of the notarization made
(E) proper because any irregularity in the payment of the notarial fees does not affect the
validity of the notarization made
In this case, the Deed of Real Estate Mortgage involving was notarized and acknowledged
before a notary public. Being a public document, it enjoys the presumption of regularity. It
is a prima facie evidence of the truth of the facts stated therein and a conclusive
presumption of its existence and due execution. To overcome this presumption, there must
be clear and convincing evidence. Absent such evidence, as in this case, the presumption
must be upheld.
9. Sanctions
[2011]
Which of the following will subject Atty. Lyndon, a Manila notary public, to sanctions
under the notarial rules?
(A) Notarizing a verification and certification against forum shopping in Manila Hotel at the
request of his Senator-client.
(B) Refusing to notarize an extra-judicial settlement deed after noting that Ambo, a friend,
was delisted as heir when he was in fact one.
(C) Performing signature witnessing involving his brother-in-law and recording it in his
register.
(D) Notarizing a deed of sale for someone he knew without requiring any proof of identity.
(C) Performing signature witnessing involving his brother-in-law and recording it in his
register.
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized; (b) will receive, as a
direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property,
or other consideration, except as provided by these Rules and by law; or (c) is a spouse,
common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
principal within the fourth civil degree. (2004 Rules on Notarial Practice)
Hence, his act was a violation of the rules which may be sanctioned on the basis of Sec.
1, Rule XI of the Rules on Notarial Practice:
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall
revoke a notarial commission for any ground on which an application for a commission may
be denied. (b) In addition, the Executive Judge may revoke the commission of, or impose

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appropriate administrative sanctions upon, any notary public who: xxx (10) knowingly
performs or fails to perform any other act prohibited or mandated by these Rules;
[2011]
In what documented act will a notary publics failure to affix the expiration date of
his commission warrant administrative sanction?
(A) In the jurat of a secretary's certificate.
(B) In the will acknowledged before him.
(C) In the signature witnessing he performed.
(D) In the document copy he certified.
(B) In the will acknowledged before him.

Rule XI, Section 1 of the Rules on Notarial Practice provides that: Revocation and
Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial commission for
any ground on which an application for a commission may be denied. (b) In addition, the
Executive Judge may revoke the commission of, or impose appropriate administrative
sanctions upon, any notary public who: xxx (4) fails to affix to acknowledgments the date of
expiration of his commission
G. Canons of Professional Ethics

[2009]
Atty. Manuel is counsel for the defendant in a civil case pending before the RTC.
After receiving the plaintiffs Pre-Trial Brief containing the list of witnesses, Atty. Manuel
interviewed some of the witnesses for the plaintiff without the consent of plaintiffs counsel.
(a) Did Atty. Manuel violate any ethical standard for lawyers? Explain. (3%)
No, because Canon 39 of the Canons of Professional Ethics provides that a lawyer may
interview any witness or prospective witness for the opposing side in any civil or criminal
action without the consent of the opposing counsel or party. This is because a witness is
supposed to be a neutral person whose role is to tell the truth when called upon to testify.
(b) Will your answer be the same if it was the plaintiff who was interviewed by Atty. Manuel
without the consent of plaintiffs counsel? Explain. (2%)
My answer will not be the same. Canon 9 of the Canons of Professional Ethics provides that
a lawyer should not in any way communicate upon a subject of controversy with a party
represented by counsel, much less should he undertake to negotiate or compromise the
matter with him, but should deal only with his counsel. If he communicates with the
adverse party directly, he will be encroaching into the employment of the adverse partys
lawyer.
[2004]
In the course of a judicial proceeding, a conflict of opinions also a particular legal
course of action to be taken arose between AB and CD, two (2) lawyers hired by Mr. XX, a
party-litigant, to act jointly as his counsel.
How should such problem be resolved, and whose opinion should prevail? What can AB, the
lawyer whose opinion was not followed, do when she honestly believes that the opinion of CD,
the other counsel, is not as legally and factually well-grounded as her opinion is? Explain briefly.
"When lawyers jointly associated in a cause cannot agree as to any matter vital to the
interest of the client, the conflict of opinion shouldbe frankly stated to him for his final
determination. His decision should be accepted unless the nature of the difference makes it
impracticable for the lawyer whose judgment has been overruled to cooperate effectively.
In this event, it is his duty to ask the client to relieve him." (Canon 7, Canons of Professional
Ethics).

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[JUDICIAL ETHICS ]
A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
The Bangalore Draft, approved at a Roundtable Meeting of Chief Justices held at The Hague, is now
the New Code of Judicial Conduct in the Philippines.
TRUE. The whereas clause of the New Code of Judicial Conduct in the Philippines provides that
the Bangalore Draft of the Code of Judicial Conduct is intended to be a Universal Declaration of
Judicial Standards applicable in all judiciaries. As such, it was adopted by the Supreme Court as
its Code of Judicial Conduct, in solidarity with other jurisdictions in the world.
[2011]
One of the foundation principles of the Bangalore Draft of the Code of Judicial Conduct
is the importance in a modern democratic society of:
(A) a judicial system that caters to the needs of the poor and the weak.
(B) public confidence in its judicial system and in the moral authority and integrity of its
judiciary.
(C) the existence of independent and impartial tribunals that have the support of its government.
(D) judges who are learned in law and jurisprudence.
(B) public confidence in its judicial system and in the moral authority and integrity of its judiciary.
The BANGALORE draft is founded upon certain principles: that public confidence in the judicial
system and in the moral authority and integrity of the judicial is of utmost importance in a
modern democratic society
2. Code of Judicial Conduct

[2004]
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 s' pending before the Regional Trial Court of Aparri. Cagayan. What would be your advice
to him? Discuss briefly. (5%)
I would advise him against it. 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. AJudge
shall refrain from Influencing in any manner the outcome of litigation or dispute pending before
another court or administrative agency (Rule 2.04, Code of Judicial Conduct).
CANON 1: Independence
[2004]
Upon opening session of his court. the Presiding Judge noticed the presence of television
cameras set up at strategic places in his courtroom and the posting of media practitioners all over
his sala.with their video cameras. Tiled udge forthwith issued an order directing the exclusion from
the courtroom of all television paraphernalia and further instructing the reporters inside the hall not

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to operate their 'video cams" during the proceedings. The defense lawyers objected to the - court's
order, claiming that it was violative of their client's constitutional right to a public trial,
D. In issuing the questioned order, did the Judge act in violation of the rights of the accused to
a public trial? Discuss briefly. (5%)
E. Did the Judge act in derogation of press freedom when he directed the exclusion of the
television paraphernalia from the courtroom and when he prohibited the news reporters In
the courtroom from operating their "video cams" during the proceedings? Reason briefly.
(5%)
A. The judge did not violate the right of the accused to a public trial. A trial is public when
anyone interested in observing the manner a judge conducts the proceedings in his courtroom
may do so" (Garcia v. Domingo, 52 SCRA 143). There is to be no ban on attendance. In the
question given, the judge did not bar attendance, only the use of television paraphernalia and
video cams.
B., No. Press freedom was never transgressed. The serious risks posed to the fair administration of
justice by live TV and radio broadcast, especially when emotions are running high on the issues
stirred by the case, should be taken into consideration before addressing the issue of press
freedom. The right of the accused to a fair trial, not by trial by publicity takes precedence over
press freedom as invoked by the TV reporters in this case (Sec. Perez v. Estrada, 365 SCRA 62.
[20011).
B. The judge did not act in derogation of press freedom. In an En Banc Resolution dated
October 23, 1991. Re Live TV and Radio Coverage of the Hearing of President Corazon C.
Aquino's Libel Case, the Supreme Court ruled that:
Considering the prejudice it poses to the defendant's right to due process as well as to
the fair and orderly administration of justice, and considering further that the freedom of
the press and the right of the people to information may be served and satisfied by less
distracting, degrading and prejudicial means, live radio and television coverage of court
proceedings shall not be allowed. Video footages of court hearings for news purposes
shall be restricted and limited to shots of the courtroom, the judicial officers, the parties
and their counsel taken prior to the commencement of official proceedings. No video
shots or photographs shall be permitted during the trial proper.
[2008] State, with a brief explanation, whether the judge concerned may be sanctioned for the
conduct
stated
below.
[xxx]
b. Deciding a case in accordance with a Supreme Court ruling but adding that he does not agree
with the ruling. (3%) [xxx]
There is nothing wrong with such conduct. In fact, in Santos, 50 O.G. 3546, cited in Vivo v.
Cloribel (18 SCRA 713 [1966]) and Albert v. CFI of Manila, Br. VI (23 SCRA 948 [1968]), the
Supreme Court ruled that if a judge of a lower court feels that a decision of the Supreme Court is
against his way of reasoning or against his conscience, he may state his opinion, but apply the
law in accordance with the interpretation of the Supreme Court.
[2010]
Judges of the first and second level courts are allowed to receive assistance from the
local government units where they are stationed. This assistance could be in the form of equipment
or allowance. Justices at the Court of Appeals in the regional stations in the visayas and mindanao
are not necessarily residents there, hence they incur additional expenses for their accommodations.
Pass on the propriety of the Justices' receipt of assistance/allowance from the local governments.
(3%)

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In the cases of Dadole v. Commission on Audit 393 SCRA 262 (2002) and Leynes v. Commission
on Audit 418 SCRA 180 (2003), the supreme court has u[held the grant of allowances by LGUs to
"judges, prosecutors, public elementary and highschool teachers and other national
government officials." stationed in or assigned to the locality persuant to sections 447 (a)(1)(xi),
458 (a)(1)(xi) and 468 (a)(1)(xi_ of RA 7160, otherwise known as the Local Goverbnebt Code. The
Supreme Court held that to rule against the power of the LGUs to grant allowances to the
judges will subvert the principle of local autonomy zealously guaranteed by the Constitution.
Hence it is not improper for judges and justices to recieve allowances from LGUs, since it is
allowed by the for LGUs to give same.
Section 5, Cannon 1 of the new code of judicial conduct for the philippine judiciary provides
that Judges shall be free from inappropriate connections wit, and influenced by, the executive
government, and must appear to be free therefrom to a reasonable extent. It is a common
perception that the receipt of allowances or assistance from a local government unit may
affect the judge's ability to rule independently in cases involving the said unit .
CANON 2: Integrity
[2005]
Judge Horacio would usually go to the cockpits on Saturdays for relaxation, as the owner
of the cockpit is a friend of his. He also goes to the casino once a week to accompany his wife who
loves to play the slot machines. Because of this, Judge Horacio was administratively charged. When
asked to explain, he said that although he goes to these places, he only watches and does not
place any bets.
Is his explanation tenable? Explain. (5%)
The explanation of Judge Horacio is not tenable. In the case of City of Tagbilaran vs.
Hontanosas, Jr., 375 SCRA 1 [2002], the Supreme Court penalized a city court judge for going to
gambling casinos and cockpits on weekends. According to the Court, going to a casino violates
Circular No.4, dated August 27, 1980, which enjoins judges of inferior courts from playing or
being present in gambling casinos.
The prohibition refers to both actual gambling and mere presence in gambling casinos.
A judge's personal behavior, not only in the performance of judicial duties, but also in his
everyday life, should be beyond reproach. With regard to going to cockpits, the Supreme Court
held that it is plainly despicable to see a judge inside a cockpit and more so, to see him bet
therein.
Mixing with the crowd of cockfighting enthusiasts and bettors is unbecoming a judge
and undoubtedly impairs the respect due him. Ultimately, the Judiciary suffers therefrom
because a judge is a visible representation of the Judiciary" (City of Tagbilaran v. Hontanosas,
Jr., ibid at p. 8).
[2007]
During the hearing of an election protest filed by his brother, Judge E sat in the area
reserved for the public, not beside his brother's lawyer. Judge E's brother won the election protest. Y,
the defeated candidate for mayor, filed an administrative case against Judge E for employing
influence and pressure on the judge who heard and decided the election protest.
Judge E explained that the main reasons why he was there in the courtroom were because he
wanted to observe how election protest are conducted as he has never conducted one and
because he wanted to give moral support to his brother.
Did Judge E commit an act of impropriety as a member of the judiciary? Explain?
Judge E committed an act of impropriety in appearing in another court at the hearing of his
brothers election protest. A similar case was already decided upon with these facts. The case of

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Vidal vs Dojillo, Jr., (463 Scra 264), which involved the same facts, the Supreme Court held as
follows:
Although concern for family members is deeply ingrained in the Filipino culture,
respondent, being a judge, should bear in mind that he is also called upon to serve the
higher interest of preserving the integrity of the entire judiciary. Canon 2 of the Code of
Judicial Conduct requires a judge to avoid not only impropriety but also the mere
appearance of impropriety in all activities. Even if respondent did not intend to use his
position as a judge to influence the outcome of his brothers election protest, it cannot
be denied that his presence in the courtroom during the hearing of his brothers case
would immediately give cause for the community to suspect that his being a colleague
in the judiciary would influence the judge trying the case in favour of his brother.
[2012]
RTC Judge Bell was so infuriated by the conduct of Atty. X who conveniently absents
himself when his clients do not pay his appearance fee in advance. Atty. X also uses disrespectful
and obscene language in his pleadings. At one point, when his case was called for hearing, Atty. X
did not appear for his client although he was just outside the door of the court room. Judge Bell
directed the client to summon Atty. X, but the latter refused. Judge Bell then issued an Order
directing Atty. X to explain why no disciplinary action shall be imposed on him for this misconduct
but he refused the directive. Decide.
(A) RTC Judge Bell can suspend Atty. X from the practice of law before his sala.
(B) The case of Atty. X can be dismissed due to non-appearance of counsel even though the
party was present.
(C) The hearing of the case should be rescheduled in the interest of justice.
(D) The court can admonish the client for the unprofessional conduct of his lawyer and ask him
to change his lawyer.
(C) The hearing of the case should be rescheduled in the interest of justice
Under Canon 2, Section 3 of the New Code of Judicial Conduct, a judge should take or initiate
appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct
of which the judge may have become aware. Although the Atty. X has exhibited undesirable
conduct in the presence of the court, the judge cannot take it against the case of his client nor
take disbarment into his own hands. The judge will have to maintain level-headedness and reschedule the hearing of the case.
CANON 3: Impartiality
Duty to be Free from Favor, Bias, or Prejudice
[2005]
(1) Judge Segotier is a member of Phi Nu Phi Fraternity. Atty. Nonato filed a motion to disqualify
Judge Segotier on the ground that the counsel for the opposing party is also a member of the Phi
Nu Phi Fraternity. Judge Segotier denied the motion. Comment on his ruling. (5%)
(2) 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. (5%)
(1) The ruling of Judge Segotier is correct. The fact that a judge is a former classmate of one of
the counsels in a case has been held to be insufficient ground for the disqualification of the
judge (Vda. de Bonifacio vs. B.L. T. Bus Co., Inc. 34 SCRA, 618 [1970]). Intimacy or friendship
between judge and an attorney of record has also been held to be insufficient ground for

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the former's disqualification (Masadao & Elizaga, Re Criminal Case No. 4954-M, 155 SCRA 72
[1987]).
(2) I will deny the petition for issuance of letters of administration in favor of a Regional Trial Court
judge:
Rule 5.06 of the Code of Judicial Conduct provides that "a judge should not serve as the
executor, administrator, trustee, guardian, or 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 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
relatives within the second degree of consanguinity". The deceased brother-in-law of the
judge is not a relative within the second degree of consanguinity,--but of affinity.
Duty to Restrict Relations with Lawyers

[2005]
Pending before the sala of Judge Magbag is the case of CDG versus JQT. The legal
counsel of JQT is Atty. Ocsing who happens to be the brother of Atty. Ferreras, a friend of Judge
Magbag. While the case was still being heard, Atty. Ferreras and his wife celebrated their wedding
anniversary. They invited their friends and family to a dinner party at their house in Forbes Park.
Judge Magbag attended the party and was seen conversing with Atty. Ocsing while they were
eating at the same table.
Comment on the propriety of Judge Magbags act. (5%)
A judge is not required to live in seclusion. He is permitted to have a social life as long as it does
not interfere with his judicial duties or detract from the dignity of the court (Canon 5. Code of
Judicial Conduct). However, he should be scrupulously careful to avoid such action as may
reasonably tend to awaken the suspicion that his social or business relations or friendships
constitute an element in determining his judicial action (Canon 30. Canons of Judicial Ethics). A
judge should avoid impropriety and appearance of impropriety in all activities (Canon 2. Code
of Judicial Conduct). Sitting on the same table and conversing with a lawyer with a pending
case before him raises such appearance of impropriety.
Duty to Inhibit
[2009]
In a case for homicide filed before the Regional Trial Court (RTC), Presiding Judge
Quintero issued an order for the arrest of the accused, granted a motion for the reduction of bail,
and set the date for the arraignment of the accused. Subsequently, Judge Quintero inhibited himself
from the case, alleging that even before the case was raffled to his court, he already had personal
knowledge of the circumstances surrounding the case. Is Judge Quinteros inhibition justified?
Explain. (3%)
Judge Quinteros inhibition is justified. One of the grounds for inhibition under Section 5, Canon
3 of the New Code of Judicial Conduct for the Philippine Judiciary is where the judge has
actual bias or prejudice concerning a party of personal knowledge of disputed evidentiary facts
concerning the proceedings.
[2010]
Rebecca's complaint was raffled to the sala of Judge A. Rebecca is the daughter of
Judge A's wife by a previous marriage. This is not known to the defendant who does not, however
file a motion to inhibit the Judge. Is the Judge justified in not inhibiting himself from the case? (3%)

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The judge is not justified in not inhibiting himself. It is mandatory for him to inhibit if he is related
to any of the parties by consanguinity or affinity within the 6th civil degree (sec. 3 [f] Cannon 3,
new code of judicial conduct for Philippine judiciary). Judge A, being the step father of
Rebecca, is related to her by affinity by just one degree. "Judges shall disqualify themselves from
participating in any proceeding in which they are unable to decide the matter impartially or in
which it may appear to a reasonable observer that they are unable to decide the matter
impartially" (ID., sec 5, Cannon 3). The fact that Rebecca is a daughter of Judge A's wife is liable
to make a reasonable observer doubt his impartiality.
[2004]
Judge Aficionado was among the several thousands of spectators watching a basketball
game at the Rizal Memorial Coliseum who saw the stabbing of referee Mayklling by player Baracco
in the course of the game. The criminal case correspondingly filed against Baracco for the stabbing
of Maykiling was raffled to the Regional Trial Court branch presided over by Judge Aficionado.
Should Judge Aficionado sit in judgment over and try the case against Baracco? Explain. (5%)
No, he should not preside over the case. Canon 3, Sec.5 (a) of the New Code of Judicial
Conduct provides that a Judge should not take part in any proceeding where the judge has
personal knowledge of disputed evidentiary facts concerning the same.
conduct stated below.
a. Refusing to inhibit himself although one of the lawyers in the case is his second cousin. (3%)
One of the mandatory grounds for inhibition of a judge is when he is related to any of the
lawyers handling a case before him within the fourth civil degree of consanguinity or affinity.
(Sec. 5 (f), New Code of Judicial Conduct, Section 1, Rule 137, Rules of Court). A second cousin
of a judge is his relative within the sixth degree, hence, he may not be sanctioned for not
inhibiting on such ground.
[2011]
In a verified complaint, Kathy said that Judge Florante decided a petition for correction
of entry involving the birth record of her grandson, Joshua, who happened to be child of Judge
Florante's daughter, Pilita. Judge Florante insisted that he committed no wrong since the proceeding
was non-adversarial and since it merely sought to correct an erroneous entry in the childs birth
certificate. Is Judge Florante liable?
(A) Yes, because Florante breached the rule on mandatory disqualification.
(B) No, because Judge Florante has no pecuniary interest in the proceeding.
(C) No, because it is true the proceeding was non-adversarial so it prejudiced no one.
(D) Yes, since the correction in the childs record affects the details of birth of the child.
(A) Yes, because Florante breached the rule on mandatory disqualification.
Sec. 5, Canon 3 provides that: Judges shall disqualify themselves from participating in any
proceedings in which they are unable to decide the matter impartially or in which it may appear to
a reasonable observer that they are unable to decide the matter impartially. Such proceedings
include, but are not limited to instances where: xx 6. The judge is related by consanguinity or affinity
to a party litigant within the 6th civil degree or to counsel within the fourth civil degree This is
considered as a MANDATORY INHIBITION. Strict compliance with the rules on disqualification is
required.
CANON 4: Propriety
A companion or employee of the judge who lives in the judges household is included in the
definition of the "judges family."

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TRUE. A judges family as defined in the New Code of Judicial Conduct for the Philippine
Judiciary includes a judges spouse, son, daughter, son-in-law, daughter-in-law, and any other
relative by consanguinity or affinity within the sixth civil degree or any person who is a
companion or employee of the judge and who lives in the judges household.
conduct stated below. [xxx]
c. Dictating his decision in open court immediately after trial. (3%)
There is no rule prohibiting such conduct, specially in simple cases such as when an accused
pleads guilty to an Information for a minor offense. But in complex and serious cases, such
conduct may be considered improper, and the judge accused of arriving at hasty decisions. In
the case of People v. Elesterio (173 SCRA 243 [1989]), the Supreme Court criticized the same
conduct of the judge in the following words:
The Court agrees, however, that Judge Enrique Agana was exceptionally careless, if not
deliberately high-handed, when he immediately after the trial dictated his decision in
open court. One may well suspect that he prejudged the case and had a prepared
decision to foist upon the accused even before the submission of the case. And what is
worse is that the decision was wrong.
[2010]
On the proposal of Judge G,which was accepted, he and his family donated a lot to the
city of gyoza on the condition that a public transport terminal would be constructed thereon.The
donation was accepted and the condition was complied with. The family-owned tracts of land in the
vicinity of the donated lot suddenly appreciated in value and became commercially viable as in
fact a restaurant and hotel were built after. Did the Judge commit any violation of the Code of
Judicial Conduct? (2%)
In Salunday v. Labitoria (A.M. No. CA-01-31, July 25, 2002, 385 SCRA 200, the Supreme Court
held that the act of Justice Eugenio S Labitoria of recommending the construction of a hall of
justice in a parcel of land close to a hotel owned by a corporation of which his wife was a
stockholder, was not improper because "there is no clear indication that in recommending the
Ranada property, the respondent was impelled by a desire to benefit financially." In the instant
case, it seems clear that the judge and his family were principally motivated by the anticipated
increase in the value of their property as a consequence of the donation of a lot for the
construction of a transport facility. He may, thereby, be held liable for violating Section 8,
Cannon 4 of the New Code of Conduct for the Philippine Judiciary which provides " judges shall
not use or lend the prestige of the judicial office to advance their private interest, or those of a
member of their family or anyone else, nor shall they convey or permit others to convey the
impression that anyone in a position improperly to influence them in the performance of their
judicial duties."
[2010]
Judge X was invited to be a guest speaker during the annual convention of a private
organization which was covered by media. Since he was given the liberty to speak on any topic, he
discussed the recent decision of the Supreme Court declaring the president is not, under the
constitution proscribed from approaching a chief justice within two months before the election. In his
speech, the Judge demurred to the Supreme Court decision and even stressed that the decision is a
serious violation of the constitution.
a. Did Judge X incur any administrative liability? Explain (3%)
b. is instead of ventilating his opinion before a private organization, Judge X incorporated it as
an obiter
dictum, in one of his decisions, did he incur any administrative liability? Explain (3%)

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a. He did not incur administrative liability. Sec. 4, Cannon 4 of the new code fo judicial conduct
for the philippine judiciary provides that "Judges, like any other citizen are entitled to freedom of
expression, belief and association and assembly, but in exercising such rights, they shall always
conduct themselves in such a manner as to preserve the dignity of the judicial office and the
impartiality and independence of the judiciary."
b. In deciding cases, a judge is supposed to be faithful to the law, which includes decisions of
the supreme court. if he feels that a doctrine enunciated by the supreme court is against his way
of reasoning or his conscience, he may state his personal opinion on the matter byt should
decide the case in accordance with the law or doctrine and not with his personal views (Garcia
v. Burgos, 291 ASCRA 546 [1998]) The fact that Judge X ventilated his personal opinion merely as
an obiter dictum indicates that he did not decide the case in accordance with his personal
opinion. But still it undermines the authority of the Supreme Court, and he may incur
administrative liability for it.
[2010]
Reacting to newspaper articles and verbal complaints on alleged rampant sale of
Temporary Restraining orders by Judge X, the Supreme Court ordered the conduct of a discreet
investigation by the Office of the Court Administrator. Judges in the place where Judge X is assigned
confirmed the complaints.
a. What administrative charges may be levelled against Judge X? Explain. (3%)
b. What defense can Judge X raise in avoidance of any Liability? (2%)
a. He could be charged with Gross Misconduct, arising from violations of the Anti-Graft and
corrupt practices act (RA No. 3019). He could also be charged with violations of Cannon 4,
section 13 of the new Code of Judicial Conduct for Philippine Judiciary which provides that
"judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan
or favor in relation to anything done or to be done or omitted to be done by him or her in
connection with the performance of judicial duties.
b. He could raise the defense of hearsay evidence, lack of substantive evidence, and
denial of due process.
[2011]
Judge Cristina has many law-related activities. She teaches law and delivers lectures on
law. Some in the government consult her on their legal problems. She also serves as director of a
stock corporation devoted to penal reform, where she participates in both fund raising and fund
management. Which of the following statements applies to her case?
(A) She should not engage in fund raising activities.
(B) Her activities are acceptable except the part where she is involved in fund management.
(C) She can teach law and deliver lectures on law but not do the other things.
(D) All of her activities are legal.
(C) She can teach law and deliver lectures on law but not do the other things.
Sec. 8, Canon 4 provides that: judges shall not use or lend the prestige of the judicial office to
advance their private interests, or those of a member of their family or of anyone else, nor shall
they convey or permit others to convey the impression that anyone is in a special position
improperly to influence them in the performance of judicial duties
[2012]
Judge Ramon obtained a two (2) year car loan from a financing company. He never
paid a single amortization. After the lapse of two (2) years, the financing company filed an
administrative complaint against the judge for willful failure to pay a just debt. Is the judge
administratively liable?
(A) No, since the loan is not connected with his judicial function.
(B) Yes, because a judge should avoid impropriety or the appearance of impropriety even in his
private dealings.
(C) No, the financing company should have availed of the remedy of foreclosure.
(D) No, because the administrative charge is only meant to force the judge to pay.

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(B) Yes, because a judge should avoid impropriety or the appearance of impropriety even in his
private dealings.
Canon 4 Code of Judicial Conduct; Note that indeed the financial company can use other
remedy but that is for collection, in this case, it is suing the judge for his actions of willful failure to
pay and not to collect or force to collect what he owes.
[2013]
In an action to prevent the condominium developer from building beyond ten (10) floors,
Judge Cerdo rendered judgment in favor of the defendant developer. The judgment became final
after the plaintiffs failed to appeal on time. Judge Cerdo and Atty. Cocodrilo, counsel for the
developer, thereafter separately purchased a condominium unit each from the developer.
Did Judge Cerdo and Atty. Cocodrilo commit any act of impropriety or violate any law for which
they should be held liable or sanctioned? (8%)
As to Judge Cerdo
Yes. Judge Cerdo is guilty of an act of impropriety. According to Sec. 1, Canon 4 of the
Code of Judicial Conduct, judges shall avoid impropriety and the appearance of impropriety
in all of their activities. A Judge should abstain from making personal investments in enterprises
which are apt to be involved in litigation in his court; and, after accession to the bench, he
should not retain such investments previously made, longer than a period sufficient to enable
him to dispose of them without serious loss. It is desirable that he should, so far as reasonably
possible, refrain from all relations which would normally tend to arouse the suspicion that such
relations warp or bias his judgment, or prevent his impartial attitude of mind in the administration
of his judicial duties.
It is highly improper for a judge to utilize information coming to him in a juridical capacity
for purposes of speculation and it detracts from the public confidence in his integrity and the
soundness of judicial judgment for him at any time to become a speculative investor upon the
hazard of a margin.
[2013]
Atty. Hermano requested his fraternity brother, Judge Patron, to introduce him to Judge
Apestado, before whom he has a case that had been pending for some time.
Judge Patron, a close friend of Judge Apestado, acceded to the request, telling the latter that
Atty. Hermano is his fraternity "brod" and that Atty. Hermano simply wanted to ask for advice on how
to expedite the resolution of his case. They met, as arranged, in the fine dining restaurant of a fivestar hotel. Atty. Hermano hosted the dinner.
Did Atty. Hermano, Judge Patron and Judge Apestado commit any ethical/administrative
violation for which they can be held liable? (8%)
Yes.
As to Judge Patron and Judge Abestado:
They are liable for violating Sec. 3, Canon 4 of the Code of Judicial Conduct which states
that: judges shall, in their personal relations with individual members of the legal profession who
practice regularly in their court, avoid situations which might reasonably give rise to the suspicion
or appearance of favouritism or partiality. As decided in the case of Padilla vs. Zantua (G.R. No.
110990, October 1994), the court ruled that: if a judge is seen eating and drinking in public
places with a lawyer who has cases pending in his or her sala, public suspicion may be arouse,
thus tending to erode the trust of litigants in the impartiality of the judge.
CANON 5: Equality
[2010]
Judge L is assigned in turtle province. His brother ran for governor in rabbit province.
During the election period this year, judge L too a leave of absence to help his brother

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conceptualize the campaign strategy. He even contributed a modest amount to the campaign kitty
and hosted lunches and dinners. Did Judge L incur administrative and/or criminal liability? Explain
(3%)
Judge L incurred administrative liability. Rule 5.18 of the Code of Judicial conduct provides
that a Judge is entitled to entertain personal views on political questions, but ot avoid
suspicion of political partisanship, a judge shall not make political speeches, contribute to
party funds, publicly endorse candidates for political office or participate in other partisan
political activities. He may also be held criminally liable for violation of sec 26 (I) of the
omnibus election code, which penalizes any officer or employee in civil service who directly
or indirectly engages in any partisan political activity, except to vote or to preserve public
order.
[2010]
Rico an amiable, sociable lawyer owns a share in Marina Golf Club, easily one of the
moe posh golf courses. He relishes hosting parties for government officials and members of the
bench. One day , he had a chance meeting with a judge in the intramuros golf course. The two
readily got along well and since had been regularly playing golf together aat the Marina Gofl Club.
A. If atty. Rico does not discuss cases with members of the bench during parties and golf games, is
he violating the CPR? Explain (3%) B. How about the members of the bench who grace the parties
hosted by atty. Rico are they violating the code of judicial conduct? Explain (3%)
Yes, a lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity
for cultivating familiarity with judges (rule 13.01 of CPR). Moreover, he should refrain from any
impropriety which gives the appearance of influencing the court (Cannon 13, CPR). In
regularly playing golf with judges, Atty. Rico will certainly raise the suspicion that they discuss
cases during the game, although they actually do not. However if Rico is known to be a nonpracticing lawyer, there is not much of an ethical problem.
B. Members of the bench should grace the parties of Atty. Rico would be guilty of violating
sec. 3 Cannon 4 of the New Code for Judicial Conduct for Philippine Judiciary which
provides that "judges shall, in their personal relations with individual members of the legal
profession who practice regularly in their court, avoid situations which might reasonably give
rise to the suspicion or appearance of favoritism or partiality." It has been held that "if a judge
is seen eating and drinking in public places with a lawyer who has cases pending in his or her
sala, public suspicion may be aroused, thus tending to erode the trust of litigants in the
impartiality of the judge." (Padilla v. Zabtua, 237 SCRA 670 [1994]). But if Atty. Rico is not a
practicing lawyer, such suspicion may not be aroused.
[2012]
A judge or judicial officer is disqualified to hear a case before him wherein a party is
related to him by consanguinity or affinity (A) up to the 6th degree;
(B) up to the 5th degree;
(C) up to the 4th degree;
(D) up to the 3rd degree.
(A) up to the 6th degree;

Section 5 (f), Canon 3, of Code of Judicial Ethics expressly states that judges shall disqualify
themselves if he/she is related by consanguinity or affinity to a party litigant within the sixth civil
degree or to a counsel within the fourth civil degree
[2012]
A judge or judicial officer should inhibit himself from hearing a case before him where the
counsel for either party is a relative by consanguinity or affinity (A) up to the 3rd degree;
(B) up to the 4th degree;
(C) up to the 5th degree;

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(D) up to the 6th degree.
(D) up to the 6th degree. .

Section 1, Rule 137 of the Rules of Court states that "No judge or judicial officer shall sit in any
case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or
otherwise, or in which he is related to either party within the sixth degree of consanguinity or
affinity, or to counsel within the fourth degree[xxx]"
[2012]
Judge Nacy personally witnessed a vehicular accident near his house. Later, the
Reckless Imprudence case was raffled to his sala. Is there a valid ground for his inhibition?
(A) No. he is not acquainted nor related with any of the parties or lawyer.
(B) No, his personal knowledge of what actually happened will even ensure that he will decide
the case justly on the basis of the true facts.
(C) Yes, because a judge should decide a case on the basis of the evidence presented before
him and not on extraneous matters.
(D) No, because there is no ground for disqualification and no motion for inhibition.ctions of
willful failure to pay and not to collect or force to collect what he owes)
(C) Yes, because a judge should decide a case on the basis of the evidence presented before
him and not on extraneous matters.
Section 5 (a), Canon 3, of Code of Judicial Ethics expressly states that judges shall disqualify
themselves if he/she has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning proceedings.
[2012]
Bong, son of Judge Rey, is a fourth year law student. He helped his friend prepare an
affidavit-complaint for Violation of Batas Pambansa Big. 22. After drafting, they showed it to Judge
Rey who made some corrections. Later, the BP 22 case was raffled to Judge Rey who tried and
convicted the accused. Was there impropriety?
(A) Yes, since Judge Rey was not a fair and impartial judge.
(B) No, the evidence for the prosecution was strong and sufficient to prove guilt beyond
reasonable doubt.
(C) No, because any other judge would also have convicted the accused.
(D) No, those matters were not known to the accused and not on extraneous matters. (Umale v.
Villaluz, 51 SCRA 84, GR No. L-33508, 1973)
(A) Yes, since Judge Rey was not a fair and impartial judge.
Section 5 (a), Canon 3, of Code of Judicial Ethics expressly states that judges shall disqualify
themselves if he/she has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning proceedings.
CANON 6: Competence and Diligence

[2011]
Justice Frank, a retired Court of Appeals justice, appeared before the Supreme Court on
behalf of Landbank, a government bank, in a case involving the compensable value of the property
taken from a landowner under the agrarian reform law. The landowner questioned Justice Frank's
appearance in the case, pointing out that the same is unethical and smacks of opportunism since
he obviously capitalizes on his judicial experience. Is Justice Frank's appearance in the case valid?
(A) Yes, because the law allows such appearance as long as the government is not the adverse
party.
(B) No, because he cannot enjoy his retirement pay and at the same time work for a
government institution.
(C) Yes, since Landbank does not perform government function.
(D) No, he should have waited for at least a year to avoid improprieties.

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party.
Rule 6.03 provides that: a lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had intervened while in
said service
B. Discipline of members of the Judiciary

[2013]
An audit team from the Office of the Court Administrator found that Judge Contaminada
committed serious infractions through the indiscriminate grant of petitions for annulment of marriage
and legal separation. In one year, the judge granted 300 of such petitions when the average
number of petitions of similar nature granted by an individual judge in his region was only 24
petitions per annum.
The audit revealed many different defects in the granted petitions: many petitions had not been
verified; the required copies of some petitions were not furnished to the Office of the Solicitor
General and the Office of the Provincial Prosecutor; docket fees had not been fully paid; the parties
were not actual residents within the territorial jurisdiction of the court; and, in some cases, there was
no record of the cross-examinations conducted by the public prosecutor or any documentary
evidence marked and formally offered. All these, viewed in their totality, supported the improvident
and indiscriminate grant that the OCA found.
If you were the counsel for Andy Malasuerte and other litigants whose marriages had been
improperly and finally annulled, discuss your options in administratively proceeding against Judge
Contaminada, and state where and how you would exercise these options. (8%)
Option 1: Discipline the Judge

Judge Contaminada may be disciplined on the following grounds: serious misconduct,
wilful neglect, corrupt and incompetence. The ground for the removal of the judicial officer
should be established beyond reasonable doubt. (Judge de Guzman vs. Dy, A.M. No. RTJ-1755,
July 2003).
Resort to and exhaustion of these judicial remedies, as well as the entry of judgment in
the corresponding action or proceeding, are pre-requisites for the taking of other measures
against the judge concerned, whether civil, administrative, or criminal in nature.
Complaints against justices and judges are filed with the SUPREME COURT which has
exclusive administrative supervision over all courts and personnel.
Disciplinary charges may be filed: (1) motu proprio by SC, (2) verified complaint with
affidavits of persons having personal knowledge of the facts alleged or substantiating
documents, (3) anonymous complaint with public record of indubitable integrity.
The institution of disciplinary charges would require compliance with the following steps:
(1) Complaint, in writing and duly sworn to, is filed with the SC. If found meritorious, a copy shall
be served on the respondent and he shall be required to comment within 10 days, (2) Upon the
filing of respondents comment or expiration, the SC either refers the matter to the Office of the
Court Administrator (OCA) for evaluation, report and recommendation or assigns a Justice of
the Court of Appeals or a judge of the RTC (if respondent is a judge of an inferior court) to
investigate and hear the charges, (3) After the hearings, the investigating justice or judge
submits a report of finding of fact, conclusions of law, and recommendations to the SC, (4) The
SC takes action as the facts and law may warrant (Sec. 12, Rule 140, ROC)
Option 2: Disbarment of the Judge

Judges may also be disbarred, if found guilty of certain crimes and/or of other causes
for the disbarment under the Rules of Court.
Disbarment may be based on any of the following grounds which must be
established by preponderance of evidence: the violation of Rule 138, Sec. 27, ROC, which

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includes (1) deceit, (2) malpractice or gross misconduct in office, (3) grossly immoral
conduct, (4) conviction of crime involving moral turpitude, (5) violation of oath of office, (6)
wilful disobedience of any lawful order of a superior court, (7) corrupt or wilful appearance
for a client without authority to do so
In order to disbar a judge of a lower court, the following steps must be followed: (1)
Upon the initiation of the complaint, the SC may refer the case for investigation to the
Solicitor General or any officer of the Supreme Court, or judge of a lower court, (2) if referred,
the investigator shall proceed with the investigation and make a report to the SC. (Rule 139B, ROC)
1. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule
140)
[2010]
A retired member of the Judiciary is now engaged in private practice. In attending
hearings, he uses his car bearing his protocol plate which was issued to him while he was still in
service. Pass on the ethical aspect of the judge's use of the protocol plate. (2%)
The Judge's use of his protocol plate after his retirement is unethical. He is no longer entitled to
use such protocol plate after his retirement. As a practicing lawyer, he should not engage in
unlawful, dishonest, immoral or deceitful conduct. His continued use of a protocol plate after his
retirement is at least dishonest conduct.
2. Grounds
[2011]
Justice Frank, a retired Court of Appeals justice, appeared before the Supreme Court on
behalf of Landbank, a government bank, in a case involving the compensable value of the property
taken from a landowner under the agrarian reform law. The landowner questioned Justice Frank's
appearance in the case, pointing out that the same is unethical and smacks of opportunism since
he obviously capitalizes on his judicial experience. Is Justice Frank's appearance in the case valid?
party.
(B) No, because he cannot enjoy his retirement pay and at the same time work for a
government institution.
(C) Yes, since Landbank does not perform government function.
(D) No, he should have waited for at least a year to avoid improprieties.
party.
Rule 6.03 provides that: a lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had intervened while in
said service
3. Sanctions imposed by the Supreme Court on erring members of the Judiciary

[2005]
Which of the following statements is false?
(A) All administrative cases against Justices of appellate courts and judges of lower courts fall
exclusively within the jurisdiction of the Supreme Court.
(B) Administrative cases against erring Justices of the Court of Appeals and Sandiganbayan,
judges, and lawyers in the government service are not automatically treated as disbarment
cases.

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(C) The IBP Board of Governors may, motu proprio, or upon referral by the Supreme Court or by a
Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper
charges against erring lawyers including those in the government service.
(D) The filing of an administrative case against the judge is not a ground for
disqualification/inhibition.
(E) Trial courts retain jurisdiction over the criminal aspect of offenses committed by justices of
appellate courts and judges of lower courts. (2%)
(B) Administrative cases against erring Justices of the Court of Appeals and Sandiganbayan,
judges, and lawyers in the government service are not automatically treated as disbarment
cases.
Before the Court approved this resolution, administrative and disbarment cases against
members of the bar who were likewise members of the court were treated separately. Thus,
pursuant to the new rule, administrative cases against erring justices of the CA and the
Sandiganbayan, judges, and lawyers in the government service may be automatically treated
as disbarment cases. The Resolution, which took effect on October 1, 2002, also provides that it
shall supplement Rule 140 of the Rules of Court, and shall apply to administrative cases already
filed where the respondents have not yet been required to comment on the complaints. [Heck
vs. Santos, 423 SCRA 329(2004)]
C. Legal Fees (Rule 141)

Manner of payment
[2013]
Plaintiff Jun Ahorro filed a complaint for collection of sum of money before the Regional
Trial Court of Manila. Because of the large amount of his claim, he had to pay a sizeable docket fee.
He insisted on paying the docket fee and other fees in installments because staggered payment is
allowed under Rule 141, as amended. The Office of the Clerk of Court (OCC) refused to accept the
complaint unless he paid the full amount of the docket and other required fees.
Plaintiff Jun Ahorros position __________. (1%)
(A) is allowed because of the large amount of the docket fee
(B) is justified because it is discretionary on the part of the OCC to accept staggered payment
(C) is incorrect because the amendment on staggered payment has been suspended
(D) is not allowed because the full payment of docket fee is jurisdictional
(E) cannot be allowed because of its prejudicial impact on the judiciarys financial operations
(C) is incorrect because the amendment on staggered payment has been suspended
According to AM. NO. 00-2-01-SC RESOLUTION AMENDING RULES 141 (LEGAL FEES) OF THE RULES
OF COURT:
Pursuant to the resolution of the Court of 14 September 1999 in A.M. No. 99-8-01-SC, Rule
141 of the Rules of Court is hereby further amended to read as follows:
RULE 141
Legal Fees
Section 1. Payment of fees. Upon the filing of the pleading or other application
which initiates an action or proceeding, the fees prescribed therefor shall be paid
in full.

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D. Others
[2004]
Atty. Jarazo filed a civil suit for damages against his business associates. After due trial.
Judge Dejado rendered, judgment dismissing Atty. Jarazo's complaint. Atty. Jarazo did not appeal
from the decision rendered by Judge Dejado, thereby rendering the judgment final and executory.
Thereafter, Atty. Jarazo lodged a criminal complaint accusing Judge Dejado of rendering a
manifestly unjust judgment before the Office of the Ombudsman. Will Atty. Jarazo's complaint
against Judge Dejado prosper? Why or why not? Reason. (5%)
Atty. Jarazo's complaint will not prosper. The rule is that before a civil or criminal action against a
judge for violating Art. 204 of the Revised Penal Code (knowingly rendering an unjust judgment)
can be entertained, there must first be a final and authoritative declaration that the decision is
indeed unjust (De Vera v. PeIayo, 335 SCRA 281). By not appealing the decision of Judge
Dejado to a higher court, Atty. Jarazo cannot prove that there is an authoritative and final
declaration that the said decision is unjust. Thus, his criminal complaint will not prosper.
[2009]
After being diagnosed with stress dermatitis, Judge Rosalind, without seeking permission
from the Supreme Court, refused to wear her robe during court proceedings. When her attention was
called, she explained that whenever she wears her robe she is reminded of her heavy caseload,
thus making her tense. This, in turn, triggers the outbreak of skin rashes. Is Judge Rosalind justified in
not wearing her judicial robe? Explain. (3%)
Judge Rosalind is not justified. In Chan v. Majaducon (413 SCRA 354 [2003]), the Supreme Court
emphasized that the wearing of robes of judges as required by Admin. Circular No. 25, dated
June 9, 1989, serves the dual purpose of heightening public consciousness on the solemnity of
judicial proceedings and in impressing upon the judge the exacting obligations of his office. The
robe is part of the judges appearance and is as important as a gavel. The Supreme Court
added that while circumstances, such as medical condition claimed by the respondent judge,
my exempt one from complying with AC No. 25, he must first secure the Courts permission for
such exemption. He cannot simply excuse himself, like respondent judge, from complying with
the requirement.
[2009]
Court of Appeals (CA) Justice Juris was administratively charged with gross ignorance of
the law for having issued an order "temporarily enjoining" the implementation of a writ of execution,
and for having issued another order for the parties to "maintain the status quo" in the same case.
Both orders are obviously without any legal basis and violate CA rules. In his defense, Justice Juris
claims that the challenged orders were collegial acts of the CA Division to which he belonged. Thus,
he posits that the charge should not be filed against him alone, but should include the two other CA
justices in the Division. Is the contention of Justice Juris tenable? Explain. (3%)
NO, the contention of Justice Juris is not tenable. Section 5, Rule VI, of the Internal Rules of the
Court of Appeals provides that all members of the Division shall act upon an application for a
temporary restraining order and writ of preliminary injunction. However, if the matter is of
extreme urgency, and a Justice is absent, the two other Justices shall act upon the application.
If only the ponente is present, then he shall act alone upon the application. The action of the
two Justices or the ponente shall however be submitted on the next working day to the absent
member or members of the Division for ratification, modification or recall. In this case, of Justice
Juris acted alone in issuing the erroneous orders, he alone should be held liable. But if the orders
were issued by the Division to which he belongs, all the members of the Division should be
included on the charge. It appears that Justice Juris acted alone in issuing the said orders.

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References:
Books with Suggested Answers to the Bar Examination Questions
Eduardo A. Labitag, Editor. U.P. Law Complex. (2008). Answers to Bar Examination
Questions in Legal Ethics and Practical Exercise (1975-2007). Bocobo Hall,
Diliman, Quezon City: Information and Publication Division.
Eduardo A. Labitag, Editor. U.P. Law Complex. (2009). Answers to 2008 Bar Examination
Questions. Bocobo Hall, Diliman, Quezon City: Information and Publication
Division.
Eduardo A. Labitag, Editor. U.P. Law Complex. (2011). Answers to 2010 Bar Examination
Questions. Bocobo Hall, Diliman, Quezon City: Information and Publication
Division.
Law and Rules Frequently Cited
A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice. (1 August 2004).
Code of Professional Responsibility (21 June 1988).
Code of Judicial Conduct (5 September 1989).
Department of Justice, Admin. Order No. 162, Code of Judicial Ethics (1 August 1946).
Philippine Constitution (1987).
Rule 138, Revised Rules of Court (as amended by SC Resolutions dated 20 May 1968
and 13 February 1992).
Rule 138-A, Revised Rules of Court (as adopted from the SC Resolution dated 18
December 1986).
Rule 139-B, Revised Rules of Court (1 June 1988).

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De La Salle University Manila

In partial fulfillment of the requirements for

LEGAL ETHICS AND JUDICIAL ETHICS:

LEGAL AND JUDICIAL ETHICS

Practice of law (Rule 138) ............................................................................................................... 5

Practice of Law as Privilege ................................................................................................... 5

Law as a Profession, not business ......................................................................................... 5

Practicing Lawyer and Trial Lawyer ..................................................................................... 6

Defining the Practice of Law ................................................................................................. 6

Appearance of non-lawyers ......................................................................................................... 7

Law student practice (Rule 138-A) ...................................................................................... 7

Non-lawyers in courts ............................................................................................................... 9

Non-lawyers in administrative tribunals ............................................................................ 10

Sanctions for practice or appearance without authority .................................................... 10

Public officials and practice of law ........................................................................................... 11

Lawyers oath ................................................................................................................................... 13

CANON 1: Respect for law and legal processes ........................................................................... 15

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

LEGAL AND JUDICIAL ETHICS

Discipline of Filipino lawyers practicing abroad .................................................................... 69

Mandatory Continuing Legal Education ...................................................................................... 71

Notarial Practice (A. M. No. 02-8-13-SC, as amended) .......................................................... 74

Qualifications of notary public.................................................................................................... 74

Powers and limitations ................................................................................................................... 74

Notarial register ............................................................................................................................... 75

Jurisdiction of notary public and place of notarization ....................................................... 75

Revocation of commission ........................................................................................................... 76

Expiration of commission .............................................................................................................. 76

Competent evidence of identity ................................................................................................ 76

Effect of Lack of Receipt ............................................................................................................... 79

LEGAL AND JUDICIAL ETHICS

G. Canons of Professional Ethics ............................................................................................................ 80

Code of Judicial Conduct ............................................................................................................ 81

CANON 1: Independence ................................................................................................................... 81

Discipline of members of the Judiciary ........................................................................................ 92

Legal Fees (Rule 141) ..................................................................................................................... 94

Manner of payment ............................................................................................................................... 94

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

Practice of Law as Privilege

Law as a Profession, not business

Why is law a profession and not a trade? 2.5%

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

Practicing Lawyer and Trial Lawyer

Is there a distinction between ""practicing lawyer"" and ""trial lawyer""? 2.5%

Defining the Practice of Law

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

What is the object of the bar examinations? Explain. (2%)

Law student practice (Rule 138-A)

What is the student practice rule? (2%)

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.

LEGAL AND JUDICIAL ETHICS

Non-lawyers in administrative tribunals

5. Sanctions for practice or appearance without authority

Caluag. Chua. Chiongson. Conejos. Cua. Garcia. Haulo. Sy.