2010 BAR EXAMINATION

PART 1
Prepare the following:
A. Verification and Certification against Forum Shopping. (5%)

SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
X, after being duly sworn, hereby deposes and states:
That he is the plaintiff in the above-entitled case; that he has caused the
foregoing Complaint to be prepared; that he has read the same and that the
allegations of fact therein contained are true of his personal knowledge or based
on authentic documents;
That (a) he has not heretofore commenced any action of filed an claim
involving the same issued in any court, tribunal or quasi-judicial agency, and to the
best of his knowledge, no such other action or claim is pending therein; and (b) if
he should thereafter learn that the same of similar action or claim has been filed or
is pending, he shall report that fact within five (5) days therefrom to this Honorable
Court.
B. Petition for Letters Rogatory, (5%)

SUGGESTED ANSWER:

(caption)
PETITION FOR LETTERS ROGATORY

PLAINTIF, through counsel, respectfully alleges:

1. That the above action is pending in this court and, for the purpose of
completing the evidence and presenting to the court all the facts whereby a
just decision can be arrived at, it is necessary that the testimony of Mr. A.B.,
who is presently residing in 123 North Avenue, Vancouver, British Columbia,
Canada, he taken;
2. That the said witness will be unable to go to the Philippines to testify in this
case due to his ailment as certified to by his doctors sworn certificate hereto
attached as Annex A hereof;
3. That it is in the interest of justice that the testimony of the aforementioned
witness be taken and made part of the evidence in this case.

WHEREOF, it is respectfully prayed that this court order the issuance by the
clerk of this court of letters rogatory to the proper judicial tribunal of
Vancouver, British Columbia, Canada, requesting the examination of Mr. A.B.
on the written interrogatories filed herewith.
Manila, September 6, 2010.
Atty. WY
Notice of Hearing
Atty. M.
Counsel for the defendant
(Address)
Sir:
Kindly take notice that the foregoing petition will be submitted to the
Honorable Court on September 27, 2010, for its consideration and resolution

II
Enumeration the instances when a Notary Public may authenticate documents
without requiring the physical presence of the signatories. (2%)

SUGGESTED ANSWER:
1. If the signatory is old or sick or otherwise unable to appear, 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.
3. In case of copy certification and issuance of certified true copies.

III
Atty. Y, in his Motion for Reconsideration of the Decision rendered by the National
Labor Relations Commission (NLRC), alleged that there was connivance of the NLRC
Commissioners with Atty. X for monetary considerations in arriving at the questioned

Decision. He insulted the Commissioners for their ineptness in appreciating the facts as
borne by the evidence presented.
Atty. X files an administrative complaint against Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden laborers, he is entitled to express
his righteous anger against the Commissioners for having cheated them; that his
allegations in the Motion for Reconsideration are absolutely privileged; and that
proscription against the use of abusive language does not cover pleadings filed with the
NLRC, as it is not a court, nor are any of its Commissioners Justice or Judges.
Is Atty. Y administratively liable under the Code of Professional Responsibility?
Explain. (3%)

SUGGESTED ANSWER:
Atty. Y has clearly violated Canons 8 and 11 of the Code of Professional
Responsibility and is administratively liable. A lawyer shall not in his professional dealings,
use language which is abusive, offense or otherwise improper (Rule 8.01, CPR). A lawyer
shall abstain from scandalous, offensive or menacing language or behavior before the
courts (Rule 11.03, CPR).
In the case of Johnny Ng v. Atty. Benjamin C. Alar (507 SCRA 465 [2006]), which
involves the same facts, the Supreme Court held that the argument that the NLRC is not a
court, is unavailing. The lawyers remains a member of the Bar, an oath-bound servant of
the law, whose first duty is not to his client but to the administration of justice and whose
conduct ought to be and must be scrupulously observant of the law and ethics.
The Supreme Court also held that the argument that labor practitioners are
entitled to some latitude of righteous anger is unavailing. It does not deter the Court from
exercising its supervisory authority over lawyers who misbehave or fail to live up to that
standard expected of them as members of the bar.

IV
Atty. XX rented a house of his cousin JJ on a month-to-months basis. He left for a
6-month study in Japan without paying his rentals and electric bills while he was away
despite JJs repeated demands.
Upon his 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 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. XXs contention in order? Explain. (3%)

SUGGESTED ANSWER:
No. In a case involving the same facts, the Supreme Court held that having
incurred just debts, a lawyer has a 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 v. Atty. Eva Pata-Moya, 556 SCRA 1 [2008]).
B. Cite two (2) specific Rules in the Code of Professional Responsibility, violation
of which subjects a lawyer to disciplinary action by the Supreme Court
although the acts complained of are purely personal or private activities that
do not involve the practice of law, (2%0

SUGGESTED ANSWER:
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.

V
When is professional incompetence a ground for disbarment under the Rules of
Court? (3%)

SUGGESTED ANSWER:
Professional incompetence of a lawyer may be a special ground for disbarment if
his incompetence is so total, gross and serious that he cannot be entrusted with the duty to
protect the rights of 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.

VI
Atty. Monica Santos-Cruz registered the firm name Santos-Cruz Law Office with
the Department of Trade and Industry 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 violated the Code of Professional Responsibility? Why? (3%)

SUGGESTED ANSWER:
Yes, she did. In the case of Cambaliza v. Cristobal-Tenorio (434 SCRA 288 [2004]),
which involves the same facts, the Supreme Court held that a lawyer who allows a nonmember of the Bar to misrepresent himself as a lawyer and to practice law, is guilty of
violating Canon 9 and Rule 9.01 of the Code of Professional Responsibility which provide
as follows:
Canon 9. A lawyer shall not directly or indirectly assist in the unauthorized
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.

VII
Atty. Candido commented in a newspaper that the decision of the Court of
Appeals was influenced by a powerful relative of the prevailing party. The appellate court
found him guilty of indirect contempt. Does this involve moral turpitude? Explain. (3%)

SUGGESTED ANSWER:
Moral turpitude has been defined as everything which is done contrary to justice,
modesty, or good morals, an act of baseness, vileness or depravity in the private and social
duties which a man owes his fellowmen, or to society in general, contrary to justice,
modesty or good morals. (Soriano v. 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.

VIII
For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a case
involving 5, 000 square meters (sq.m.) of land, the two agreed on a success fee of P50, 000
plus 500 sq.m. of the land.
The trial court rendered judgment in favor of Wag Yu which became final and
executory.

After receiving P50, 000 Atty. Delmonico demanded the transfer to him of the
promised 500 sq.m. Instead of complying, Wag Yu filed an administrative complaint
charging Atty. Delmonico with violation of the Code of Professional; Responsibility and
Article 1491 (5) of the Civil Code for demanding the delivery of a portion of the land
subject of litigation.
Is Atty. Delmonico liable under the Code of Professional Responsibility and the
Civil Code? Explain. (5%)

SUGGESTED ANSWER:
Atty. Delmonico is not guilty of violation the Code of Professional Responsibility
and the Civil Code.
He and his client agreed on a success fee of P50, 000 plus 500 sq.m. of the land in
the case that he was handling. This is a contingent fee contract which is allowed under
Canon 20, Rule 20.01 of the Code of Professional Responsibility and Canon 13 of the Code
of Professional Ethics.
A contingent fee agreement does not violate Art. 1491 of the Civil Code, because
the transfer or assignment of the property in litigation takes effect only after the finality of
favorable judgment (Director of Lands v. Ababa, 88 SCRA 513 [1979]).

IX
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%)

SUGGESTED ANSWER:
The defense of in pari delicto is immaterial in an administrative case which is sui
generis. The administrative case is about the lawyers conduct, not the womans (Mortel v.
Aspiras, 100 Phil. 586 [1956]; Po Cham v. Pizarro, 467 SCRA 1 [2005]; Marjorie F.
Samaniego v. Atty. Andrew V. Ferrer, 555 SCRA 1 [2008]).

X
Allison hired Atty. X as his counsel in his complaint for Collection of Sum of Money.
Upon receipt on March 20, 2009 of the Notice of Pre-Trial which was scheduled on May
24, 2009, Allison noted at that time he would still be in a two-week conference in St.
Petersburg. He thus asked Atty. X to represent him during the pre-trial.

Prepare the necessary document that Atty. X should submit to the court to enable
him to represent Allison during Pre-Trial. (5%)

SUGGESTED ANSWER:
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT, I, ALLISON, of legal age and a resident of ________________ have named,
appointed and constituted Atty. X of legal age and resident of ____________________ to be
my true and lawful attorney-in-fact, for me and in my name place and stead, to do or
perform any or all of the following acts and deeds, to wit:
To represent me at the pre-trial of the case entitled ALLISON vs. _________________,
Civil Case No. ___________ of the Regional Trial court of Manila, on ______________ 2010 or
any postponement thereof, with full authority to consider and decide on those matters
covered by Section 2, Rule 18 of the 1997 rules of Civil Procedure.
HEREBY GIVING AND GRANTING unto my said Attorney-In-Fact full power and
authority whatsoever necessary, proper or convenient as I might or could lawfully do if
personally present, and hereby CONFIRMING AND RATIFYING all that my Attorney-InFact shall lawfully do or cause to be done by virtue of these presents.
(Place and Date)
(Sgd.) ALLISION
ACCEPTED:
ATTY. X
(Acknowledgement)

XI
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, petitioner learned about the Citizenship Retention
and Re-Acquisition Act of 2003 (Republic Act No. 9225), pursuant to which he reacquired
his Philippine citizenship in 2006. He took his oath of allegiance 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 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. Richards
naturalization papers with consular authentication, filed with the Supreme Court an
anonymous complaint against him for illegal practice of law.
A. May the Supreme Court act upon the complaint filed by an anonymous person?
Why or why not? (3%)

SUGGESTED ANSWER:
Yes, the Supreme Court may act upon the complaint filed by an anonymous
complaint, because the basis of the complaint consists of documents with consular
authentication which can be verified being public records. There is no need to
identify the complainant when the evidence is documented and verifiable (In re
Echiverri, 67 SCRA 467 [1975]; In re Araula, 81 SCRA 483 [1978]; Concerned
Citizens v. Elma, 241 SCRA 84 [1995]). Besides, the Supreme Court or the IBP may
initiate disbarment proceedings motuproprio.
B. Is respondent entitled to resume the practice of Law? Explain. (5%)

SUGGESTED ANSWER:
Yes, as long as he observes the procedure laid down in Petition for Leave to
Resume Practice of Law of Benjamin M. 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 the professional tax;
(c) Completion of at least 36 credit hours of mandatory continuing legal
education; and,
(d) Pretaking of the lawyers oath.

PART II
XII
Rebeccas complaint was raffled to the sala of Judge A. Rebecca is a daughter of
Judge As wife by a previous marriage. This is 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%)

SUGGESTED ANSWER:
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 affiant within the sixth civil degree
(Sec. 3 [f] Canon 3, New Code of Judicial Conduct for the Philippine Judiciary). Judge A,
being the stepfather 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, Canon 3). The fact that
Rebecca is a daughter of Judge As wife is liable to make a reasonable observer doubt his
impartially.

XIII
Reacting to newspaper articles and verbal complaints on alleged rampant sale of
Temporary Restraining orders by Judge X, the Supreme Court ordered to 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 charge/s may be leveled against Judge X? Explain. (3%)

SUGGESTED ANSWER:
He could be charged with Gross Misconduct, arising from violations of the
Anti-Graft and Corrupt Practices Act (R.A. No. 3019). He could also be charged
with violations of Canon 4, Section 13 of the New Code of Judicial Conduct for the
Philippine Judiciary which provides that judges and members of their families
shall neither ask for, not 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. What defense/s can Judge X raise in avoidance of any liability? (2%)

SUGGESTED ANSWER:
He could raise the defense of hearsay evidence, lack of substantive
evidence, and denial of due process.

XIV
Farida engaged the services of Atty. Garudo to represent her in a complaint for
damages. The two agreed that all expenses incurred in connection with the 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 advance out of whatever Farida may receive
upon the termination of the case. What kind of contract is this? (2%)

SUGGESTED ANSWER:
This appears to be a champertous contract, which is invalid. Atty. Garudo agreed to
shoulder all expenses in connection with the case, and Farida will reimburse him only out
of whatever Farida 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 Farida. If he is not
successful, he will not be reimbursed. He is, thus, investing in the outcome of the case.

XV
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 had since been regularly playing golf together at the
Marina Golf Club.
A. If Atty. Rico does not discuss cases with members of the bench during parties
and gold gamers, is he violating the Code of Professional Responsibility?
Explain. (3%)

SUGGESTED ANSWER:
Yes. A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with judges (Rule 13.01, Code of
Professional Responsibility). Moreover, he should refrain from any impropriety
which gives the appearance of influencing the court (Canon 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.
B. How about the members of the bench, who grace the parties of Rico, are they
violating the Code of Judicial Conduct? Explain. (3%)

SUGGESTED ANSWER:
Members of the bench who grace the parties of Atty. Rico would be guilty
of violating Sec. 3, Canon 4 of the New Code of Judicial Conduct for the 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 hi or her sala, public
suspicion may be aroused, thus tending to erode the trust of litigants in the
impartiality of the judge (Padilla v. Zantua, 237 SCRA 670 [1994]). But if Atty. Rico
is not a practicing lawyer, such suspicion may not be aroused.

XVI
Judge L is assigned in Turtle Province. His brother ran for Governor in Rabbit
Province. During the election period this year, judge L took a leave of absence to help his
brother 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%)

SUGGESTED ANSWER:
Judge L incurred administrative liability. Rule 5.18 of the Code of Judicial Conduct
(which is applicable in a suppletory character to the New Code of Conduct for the
Philippine Judiciary) provides that [A] Judge is entitled to entertain personal views on
political questions, but to 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 Section 26 (I) of the Omnibus
Election Code, which penalizes any officer or employee in the civil service who, directly or
indirectly, intervenes, in any election campaign or engages in any partisan political
activity, except to vote or to preserve public order.

XVII
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 that the President
is not, under the Constitution, proscribed from appointing 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.
B.Did Judge X incur any administrative liability? Explain. (3%)

SUGGESTED ANSWER:
He did not incur administrative liability. Sec. 4, Canon 4 of the New Code of Judicial
Conduct for the Philippine Judiciary provides that [Judges, like any other citizen, are
entitled to freedom of expression, belief, 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.
C. If instead of ventilating his opinion before the private organization, Judge X
incorporated it, as an obiter dictum, in one of his decisions, did he incur any
administrative liability? Explain. (3%)

SUGGESTED ANSWER:
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 but 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.

XVIII
A. Draft the accusatory' portion of an Information for RAPE of a 13-year old child
committed by her maternal uncle in broad daylight at the back of a church. (5%)
The undersigned public prosecutor accuses A.B. of the crime of Qualified Rape
pursuant to Republic Act No. 8353 otherwise known as the Anti-Rape Law of 1997
committed as follows:
That on or about 8:00 o 9lock in the morning of September 25,2010, in the City of
Manila and within the jurisdiction of this Honorable Court, the said accused A.B. an uncle,
a relative by consanguinity within the third civil degree, of the victim C.D., a minor 13
years of age, did then and there grab the said victim while she was praying inside the
Quiapo Church, and dragged her behind a side altar of the church, and through the use of
threats and violence, did there and then, willfully, unlawfully and feloniously have carnal
knowledge of her.
Contrary to law.

B.

Draft a Petition for the Issuance of a Writ of Habeas Data. (5%)

SUGGESTED ANSWER:
Republic of the Philippines (Court)
IN THE MATTER OF THE PETITION FOR THE HABEAS DATA ,
JUAN DE LA CRUZ,
Petitioner,
versus
SP.
PROC. NO.
THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES and
THE COMMANDING GENERAL OF THE PHILIPINE NATIONAL POLICE,
Respondents.
PETITION
PETITIONER, through undersigned counsel, respectfully alleges;
1.
That petitioner is of legal age and a resident of Balanga, Bataan, while
respondents are likewise of legal age and may be served with summons at their offices at
Camp Emilio Aguinaldo and Camp Crame, respectively, EDSA, Quezon City;
2.
That, on or about March 1, 2010, allegedly on the basis of intelligence
reports, elements of the Armed Forces of the Philippine National Police, without any
warrant of arrest, apprehended the petitioner and 42 others while they were peacefully
attending a seminar on rural health at Morong, Bataan.
3.
That, ever since that date, March 1, 2010, until the present, the petitioner
is under detention by the military and the police on the basis of the alleged intelligence
reports.
4.
That the petitioner had repeatedly asked the respondents to show him the
alleged intelligence reports so that he can defend himself, but until the present, the
respondents have failed and/or refused to comply with the said request of the petitioner.
5.
That, to the best of the knowledge of the petitioner, the said intelligence
reports are in the abovementioned offices of the respondents.
WHEREFORE, is it respectfully prayed that, after due hearing, a writ of Habeas
Data be issued ordering the respondents to disclose and/or furnish copies thereof to the
petitioner, the alleged intelligence reports which are the basis of his continued unlawful
detention.
Place and date.
Counsel for the Petitioner.

(Verification and Certification of Non-Forum Shopping)

C.

Draft a Petition for Bail. (5%)

SUGGESTED ANSWER:
(Caption)
PETITION FOR BAIL
Defendant Juan de la Cruz, through counsel, respectfully alleges:
1.
offense.

That the defendant is in custody for the alleged commission of a capital

2.
That no bail has been recommended for his temporary release on the
assumption that the evidence of guilt is strong.
3.
That the burden of showing that evidence of guilt is strong is with the
prosecution, and unless that fact is satisfactorily shown, the defendant may be bailed at
the courts discretion;
WHEREFORE, upon due notice and hearing, it is respectfully prayed that the defendant be
admitted to bail in such amount as this Honorable Court may fix.
(Place and Date)
MCL
Counsel for the Defendant
(notice of hearing)

XIX
Judges of the first and second level courts are allowed to receive assistance from
the local government units where they are stationed. The 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%)

SUGGESTED ANSWER:
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 upheld the grant of
allowances by local government units (LGU) to judges, prosecutors, public elementary
and high school teachers, and other national government officials stationed in or
assigned to the locality pursuant to Sections 447(a)(l)(xi), 458(a)(l)(xi) and 468(a)(l)(xi) of
Republic Act No. 7160, otherwise known as the Local Government Code. The Supreme
Court held that to rule against the power of the LGUs to grant allowances to judges ....
will subvert the principle of local autonomy zealously guaranteed by the Constitution.
Hence, it is not improper for judges and justices to receive allowances from local
government units, since it is allowed by law for LGUs to give the same.

ALTERNATIVE ANSWER:
Section 5, Canon I of the New Code of Judicial Conduct for the Philippine Judiciary
provides that [J]judges shall be free from inappropriate connections with, and influence
by, the executive and legislative branches of the government, and must also 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 judges ability to rule
independently in cases involving the said unit.

XX
Arabella filed a complaint for disbarment against her estranged husband Atty. P on
the ground of immorality and use of illegal drugs.
After Arabella presented 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 having 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
Arabellas motion to dismiss the complaint? (3%)

SUGGESTED ANSWER:
I would still deny the motion to dismiss. The general rule is that no investigation
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 recommendation 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.

XXI
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 a hotel
were soon after built.
Did the Judge commit any violation of the Code of Judicial Conduct? (2%)

SUGGESTED ANSWER:
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, Canon 4 of the New Code of Conduct for the Philippine
Judiciary which 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.

XXII
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 still in
the service.
Pass on the ethical aspect of the judges use of the protocol plate. (2%)

SUGGESTED ANSWER:
The judges 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.
-

ooOoo

2009 Bar Examinations

PART I
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more than two (2) sentences. (5%)
[a]

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.

SUGGESTED ANSWER:
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.
[b]
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.

SUGGESTED ANSWER:
TRUE. This applies when the absentee defendant has no counsel present in court and
delay has to be avoided. Said counsel, also known as a 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. Factor's & Traders Insurance Co., 33 La. Ann. 209, 1881 WL 8922 [La.]).
[c] A charging lien, as distinguished from a retaining lien, is an active lien which can
be enforced by execution.

SUGGESTED ANSWER:
TRUE. It is active because it requires the lawyer to charge the judgment and its
execution for the payment of his fees.
[d] A lawyer cannot refuse to divulge the name or identity of his client.

SUGGESTED ANSWER:
FALSE. As a general rule, a clients name is not confidential, but there, are
exceptions enumerated in Regala v. Sandiganhayan (262 SCRA 122 [1996]), to wit:
[a] where a strong possibility exists that a revealing a clients name would
implicate that client in the very activity for which he sought the lawyers advice, (b) where
disclosure would open the client to civil liability, and (c) where the governments lawyers

have no case against an 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.
[e] 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.

SUGGESTED ANSWER:
TRUE. Sec. 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.

II
[a] What is the object of the bar examinations? Explain. (2%)

SUGGESTED ANSWER:
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 lawyer.
[b] What are the three (3) tests to determine conflict of interest for practicing
lawyers? Explain each briefly. (3%)

SUGGESTED ANSWER:
(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 client any knowledge acquired through their professional connection;
(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]).

III
[a]

May a party appear as his own counsel in a criminal or in a civil case? Explain.
(3%)

SUGGESTED ANSWER:
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 the RTC or the Appellate Courts, a party in a
civil suit may conduct his 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]).
[b]

What is the student practice rule? (2%)

SUGGESTED ANSWER:
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 is enrolled in a recognized law schools clinical legal education program
approved by the Supreme Court, to appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal or 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 accredited by the law school.

IV
[a] 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%)

SUGGESTED ANSWER:
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 or personal knowledge
of disputed evidentiary facts concerning the proceedings.

[b] 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%)

SUGGESTED ANSWER:
Judge Rosalind is not justified. In Chan v. Majaducon (413 SCRA 354 [2003]), the
Supreme Court emphasized that the wearing of robes by judges as required by Adm.
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 judges appearance and is as
important as a gavel. The Supreme Court added that while circumstances, such as the
medical condition claimed by respondent judge, may 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.

V
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%)

SUGGESTED ANSWER:
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.

VI
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%)

SUGGESTED ANSWER:
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, 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.

VII
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%)

SUGGESTED ANSWER:
No, because Canon 39 of the Canons of Professional Ethics provides that a lawyer
may interview any witness or prospective witness from the opposing side in any civil or
criminal action without the consent of 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%)

SUGGESTED ANSWER:
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.

VIII
Court of Appeals (CA) Justice Juris 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%)

SUGGESTED ANSWER:
No, the contention of Justice Juris is not tenable. Section 5, Rule VI, of the Internal
Rules of the Court of Appeals provides that:
Sec. 5. Action by a Justice 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, if 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 in the charge. It appears that Justice Juris
acted alone in issuing the said orders.

IX
Alexander Sison, resident of 111 Libertad St., Sampaloc, Manila, engages your
services as lawyer. He tells you that a certain Mr. Juan Jamero of 222 Juan Luna St., Tondo,
Manila, owes him P1, 000, 000.00; that the debt is long overdue; and that, despite
repeated demands, Jamero has failed to comply with his obligation. He also shows you a
promissory note, executed on January 3, 2008, wherein Jamero promises to pay the
amount of P1, 000, 000.00, with 12% interest per annum, within one (1) year from date of
note. Sison agrees to pay you attorneys fees in the amount of P75, 000.00 and a fee of P3,
000.00 for every appearance in court.
As Sisons lawyer, prepare the complaint that you will file in court against Juan
Jamiro. (10%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA

ALEXANDER SISON
Plaintiff,
- Versus ____________________

CIVIL CASE NO.

JUAN JAMIRO,
Defendant.
x------------------------------x
COMPLAINT
PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully
alleges:
1. That plaintiff is of legal age and a resident of 111 Libertad St., Sampaloc,
Manila, while defendant is of legal age and a resident of 222 Juan Luna St.,
Tondo, Manila, where he may be served with summons;
2. That on January 3, 2008, the defendant borrowed from the plaintiff the amount
of P1, 000, 000.00, evidenced by a Promissory Note executed by the defendant
on the same date, a copy of which is hereto attached as Annex A and made
an integral part hereof, promising to pay the plaintiff the said amount of P1,
000, 000.00 with interest thereon at the rate of 12% per annum within a period
of one year from the date thereof;
3. That the period of one year expired on January 2, 2009, but the defendant has
not paid the said loan or any portion thereof despite repeated demands;
4. That due to the defendants failure to pay plaintiffs plainly just and valid claim,
the plaintiff was compelled to institute this suet and to engage the services of
counsel, to whom he has agreed to pay the amount of P75, 000.00 at attorneys
fees, plus P3, 000.00 for every appearance in court.
5. That barangay mediation was previously sought but no agreement was arrived
at and the plaintiff was given a certification to file his claim in court, a copy of
which is hereto attached as Annex B hereof.
WHEREFORE, it is respectfully that, after due hearing, judgment be rendered
ordering the defendant to pay the plaintiff the amount of P1, 000, 000.00, with interest
thereon at the rate of 12% per annum from January 2, 2009 until fully paid, plus the
amount of P75, 000.00 per court appearance, as attorneys fees.
Plaintiff prays for such other and further relief as may be just or equitable under
the premises.
Manila, September 28, 2009.

ATTY. _________________
Counsel for the Plaintiff
(address)
Attorneys Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________
Date/ Place issued ________________
MCLE Cert. No. _________________
Email address: __________________
CERTIFICATION AGAINST FORUM SHOPPING
I, ALEXANDER SISON, after being duly sworn, hereby depose and state:
1. That I am the plaintiff in the above-entitled case;
2. That I have not initiated any case involving the same issues before any other
court or administrative body;
3. That I am not aware of the pendency of any case involving the same issues or
proceedings in any other court or administrative body, and
4. That if I should hereafter learn about the pendency of another case involving
the same issues in another court, tribunal or administrative body, I will notify
this Honorable Court within five (5) days from thereon.
ALEXANDER SISON
Affiant

X
Given the same facts in No. IX above, assume that summons had been served on
Jamero, but no responsive pleading was filed within the reglamentary period.
Prepare a motion to declare Jamero in default. (4%)

SUGGESTED ANSWER:

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA

ALEXANDER SISON
Plaintiff,
- Versus ____________________

CIVIL CASE NO.

JUAN JAMIRO,
Defendant.
x------------------------------x
MOTION TO DECALRE IN DEFAULT
PLAINTIFF, through undersigned counsel, through this Honorable Court
respectfully alleges:
1. That on September _____, 2009, defendant was served with summons and a
copy of the Complaint;
2. That the reglamentary period for the defendant to file an Answer or motion to
dismiss expired on ________________________, without the defendant filing any
such answer or motion.
3. That defendant may now be declared in default.
Wherefore, it is respectfully prayed that the defendant be declared in default and
the plaintiff be allowed to present his evidence ex-parte.
Manila, ___________________, 2009.
ATTY. _________________
Counsel for the Plaintiff
(address)
Attorneys Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________
Date/ Place issued ________________
MCLE Cert. No. _________________
Email address: __________________
NOTICE OF HEARING
Mr. Juan Jamero
222 Juan Luna St., Tondo
Manila

Sir:
Notice is hereby given that on _______________, at 8:30 a.m., the foregoing motion
will be submitted to the Honorable Court for its consideration and resolution.
ATTY. ___________________

PART II
XI
TRUE OR FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more than two (2) sentences. (5%)
[a] The duty of a lawyer to his client is more paramount than his duty to the court.

SUGGESTED ANSWER:
FALSE. A lawyers paramount duty is to the court. This is because he is an officer of
the court.
[b] It is ethical for a lawyer to advise his client to enter a plea of guilty in a criminal
case if the lawyer is personally convinced that he cannot win the case for his client.

SUGGESTED ANSWER:
TRUE. A lawyer should be candid with a client. But he should leave it up to the
client to decide whether to plead guilty or not.
[c] There is no presumption of innocence or improbably of wrongdoing in an
attorneys favor when he deals with his client concurrently as lawyer and as businessman.

SUGGESTED ANSWER:
TRUE. This is the ruling of the Supreme Court in Nakpil v. Valdes (288 SCRA 758
[1998]).
[d] 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.

SUGGESTED ANSWER:
TRUE. In the case of Sesbreo v. Court of Appeals (551 SCRA 524 [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.
[e] A companion or employee of the judge who lives in the judges household is
included in the definition of the judges family.

SUGGESTED ANSWER:
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-inlaw, and many other relative by consanguinity or affinity within the sixth civil degree, or
person who is a companion or employee of the judge and who lives in the judges
household.

XII
Write the complete test of the attorneys oath. (5%)

SUGGESTED ANSWER:
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, nor 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 or
discretion with all good fidelity as well to the courts as to my client; and I impose upon
myself this voluntary obligation without any mental reservation or purpose of evasion. So
help me God.

XIII
Atty. Hyde, a bachelor, practices law in the Philippines. On long weekend, 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%)

SUGGESTED ANSWER:
(a) The legal personality and interest of Kristine to initiate the complaint for
disbarment is immaterial. A disbarment proceedings is sue generis, neither a civil nor a
criminal proceeding. Its sole purpose is to determine whether or not a lawyer is still
deserving to be a member of the bar. In a real sense, Kristine is not a plaintiff; hence,
interest on her part is not required.
(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.

XIV
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%)

SUGGESTED ANSWER:
Yes, Atty. Romanito is administratively liable. The basic facts in this case are the
same as the facts in Hernandez v. 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
gross misconduct. The lawyer in that case was disbarred.

XV
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 defense of Atty.

Wilmar tenable? Explain. (4%)

SUGGESTED ANSWER:
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 a favorable opinion in another forum
through means other than appeal or certiorari, raising identical causes of action,
subject matter and issues. There is identity of subject matter, causes of action and
issues between the civil case brought by Atty. Wilmar and the administrative case
brought by Beatriz.

XVI
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%)

SUGGESTED ANSWER:
Yes. One of the grounds for disbarment under Sec. 27, Rule 138, is conviction of a
crime involving moral turpitude. Estafa is a crime involving moral turpitude.
[b] If Simeon is acquitted of the estafa charge, will the disbarment complaint be
dismissed? Explain. (3%)

SUGGESTED ANSWER:
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 may still
continue. The purpose of a 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.

XVII
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%)

SUGGESTED ANSWER:
[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
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.

XVIII
On a Saturday, Atty. Patemo 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. Patemo
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%)

SUGGESTED ANSWER:
Yes. Atty. Paterno violated Canon 13 of the Code of Professional Responsibility
which provides that a lawyer shall rely on the 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 Justice 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 the 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.

XIX
Romeo Hacendero wants to authorize Juanito Ahente to sell, on cash basis, for a
price not lower than P500,000.00, a parcel of land, situated in Munoz, Nueva Ecija, and

covered by Transfer Certificate of Title No. 123456, in the Register of Deeds of Nueva
Ecija. Prepare a Special Power of Attorney granting such authority. (4%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
)SS
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT I, ROMEO HACENDERO, of legal age and a resident of ___________ have
named JAUNITO ABENTE, of legal age and a resident of _____________, to be my true and
lawful Attorney- in-Fact, for me and in my name, place and stead, to do or perform the
following acts and deeds, to wit:
To sell for the price of not lower than P500,000.00, that parcel of land situated in
Munoz, Nueva Ecija, of which I am the absolute owner, my title thereto being evidenced
by Transfer Certificate of Title No. 123456 of the Register of Deeds of Nueva Ecija, and to
sign the corresponding deed of sale.
HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full power or
authority as may be proper or necessary as fully to all extent as I could do if personally
present, and hereby confirming all that my said Attorney- in-Fact shall lawfully do or cause
to be done by virtue of these presents.
Manila, September , 2009.
ROMEO HACENDERO
Principal
ACKNOWLEDGMENT
In the City of Manila, this day of September____, 2009 personally appeared before
me Mr. Romeo Hacendero with Drivers License No. _________________ issued at __________
on _________________, known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that he executed the same of his own free and
voluntary act and deed.
I further certify that the foregoing instrument is a Special Power of Attorney over a
parcel of land situated in Munoz, Nueva Ecija.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC

(Attorneys Roll No.)

(Commission No.)
(IBP Membership No. )
(PTRO.R. No.)
(Email Address)
Doc. No. _____
Page No._____
Book No._____
Series of 2009.

XX
From the affidavits and the death certificate submitted during the preliminary
investigation, the following facts are established: At 6:00 oclock in the evening of
September 13, 2009, at the comer of Dapitan and Dos Castillas Sts., Sampaloc, Manila,
Edgar Bastonero, aliasBugoy, and Carlos Tirador, alias Pogi, accosted Johnny Escolar, a
student, and demanded the latters cellular phone and wrist watch. Because Johnny
resisted, Bastonero pulled out a knife and stabbed Johnny several times in the chest,
causing instantaneous death. Bastonero and Tirador then ran away. The affidavits were
executed by William Tan- and Henry Uy, classmates of Johnny, who witnessed the entire
incident. The death certificate was issued by Dr. Jose Cabra who conducted the autopsy on
Johnny.
As Assistant City Prosecutor in Manila, prepare the appropriate criminal
information to be filed in court. (10%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITALJUDICIAL REGION
REGIONAL TRIAL COURT MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

CRIM CASE NO.

For: Robbery with Homicide

EDGAR BASTONERO alias BUGOY

and CARLOS TIRADOR alias POGI,
Accused.
INFORMATION
The undersigned Assistant City Prosecutor of Manila hereby accuses Edgar

Bastonero alias Bugoy and Carlos Tirador alias Pogi, of the crime of ROBBERY WITH
HOMICIDE, committed as follows:
That on or about 6:00 p.m. of September 13, 2009 at the corner of Dapitan and
Dos Castillas Streets, Sampaloc, Manila, Philippines, within the jurisdiction of this
Honorable Court, the said accused, conspiring and confederating together and mutually
aiding each other, with the use of superior force, and with intent to gain, did then and
there, willfully, unlawfully and feloniously, and by means of violence, take and take away
from one JOHNNY EXCOLAR, a student, one cellular phone and a wrist watch belonging
to the said JOHNNY ESCOLAR, of the total value of One Hundred Thousand
Pesos(P100,000.00), to the damage and prejudice of the said owner, and on the same
occasion and for the purpose of enabling them to take away the articles above
mentioned, the herein accused, in pursuance of their conspiracy, did then and there
willfully, unlawfully and feloniously, with intent to kill, and taking advantage of their
superior number and strength, treacherously attack, assault, and repeatedly stab the said
JOHNNY ESCOLAR in the chest with a knife, thereby inflicting multiple chest wounds on
the said person which directly caused his death.
Contrary to law.
Manila, Philippines, 2009
Assistant City Prosecutor
I hereby certify that a preliminary investigation was conducted by me, in which the
accused were given an opportunity to present their evidence, and on the basis of the
affidavits presented, there is prima facie reason to believe that a crime has been
committed and that the accused are probably guilty thereof.
Assistant City Prosecutor
Witnesses:
Names
William Tan
Henry Uy
Dr. Jose Cabra

Addresses

Bail Recommended: P100,000.00 for each accused.

2008 BAR EXAMINATION

I
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%)

SUGGESTED ANSWER:
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.

ALTERNATIVE ANSWER:
Rule 19.02 of the Code of Professional Responsibility (CPR) provides that a lawyer
who has received information that his client has, in the course of the representation,
perpetuated a fraud upon a person or tribunal, shall 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. In the light of this provision, Christine should call
upon Zuma to immediately rectify the fraud he committed upon the court by pleading not
guilty when he really committed the crime charged.
[b] Can Christine disclose the admission of Zuma to the court? Why or why not? (2%)

SUGGESTED ANSWER:
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.
[c] Can Christine withdraw as counsel of Zuma should he insist in going to trial?
Explain. (3%)

SUGGESTED ANSWER:
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.

ALTERNATIVE ANSWER:
Pursuant to Rule 19.02 Christine should terminate her relationship with Zuma in
accordance to Section 26, Rule 138 of the Rules of Court, which provides that a lawyer may
retire at any time from an action by the written consent of the client, or, without such
consent, by permission of the court upon notice to the client and hearing. Christine should
therefore first try to secure the written consent of Zuma to her withdrawal as his counsel,

and if he refuses, she can file a motion asking the court to allow her to withdraw as such
counsel, for serious and sufficient cause (Rule 14.02, CPR).

II
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 6s S in 2005. In 2007, Temavous, another
telecommunications company, requested B & S to act as its counsel in the following
transactions: (a) the acquisition of Acaramba; and (b) the acquisition of Super-6, a
company engaged in the power business.
In which transactions, if any, can Bianca & Sophia Law Office represent
Temavous? Explain fully. (7%)

SUGGESTED ANSWER:
B & S cannot represent Temavous in the transaction for the acquisition of
Acaramba, 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 confidential communications
have been confided, but also those 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)

ALTERNATIVE ANSWER:
There seems to be no conflict of interest involved if B & S will act as counsel for
Temavous in the acquisition of Acaramba. Acaramba is no longer its client, and the only
service Acaramba 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 representation that would be of value in the current representation.
b) S & B can represent Temavous in the acquisition of Super-6. The subject
matter of such transaction is no longer related to the work that the law firm had
previously performed for Acaramba. There is no conflict of interest involved, even
though Acaramba and Temavous are competing companies.

III
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%)

SUGGESTED ANSWER:
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] 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%)

SUGGESTED ANSWER:
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 judge's decision, provided that such comment or criticism shall be bona
fide and not spill over the bounds of decency and propriety.

IV
Chester asked Laami 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 PI Billion. Chester refused to pay Laami
PI50 Million on the ground that it is excessive. Is the refusal justified? Explain. (4%)

SUGGESTED ANSWER:
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.

ALTERNATIVE ANSWER:
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 perpetuated 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.
[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%)

SUGGESTED ANSWER:
Chester's 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.
Ababa, 88 SCRA 513 [1979]; Macariola v. Asuncion, 114 SCRA 77 [1982]).

V
The vendor filed a case against the vendee for the annulment of the sale of a
piece of land.
[a] Assume the vendee obtained a summary judgment against the vendor. Would
the counsel for the defendant vendee be entitled to enforce a charging lien? Explain. (4%)

SUGGESTED ANSWER:
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 Bankv. Court of Appeals, 181 SCRA 367 [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] Assume, through the excellent work of the vendees counsel at the pre-trial
conference and his wise use of modes of discovery, the vendor was compelled to move
for the dismissal of the complaint. In its order the court simply granted the motion.
Would your answer be the same as in question (a)? Explain. (3%)

SUGGESTED ANSWER:
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.

VI
Atty. Abigail filed administrative cases before the Supreme Court against Judge
Luis. Thereafter, Atty. Abigail filed a Motion for Inhibition praying that Judge Luis inhibit
himself from trying, hearing or in any manner acting on all cases, civil and criminal, in
which Atty. Abigail is involved and handling.
Should Judge Luis inhibit himself as prayed for by Atty. Abigail? Explain fully. (6%)

SUGGESTED ANSWER:
Judge Luis should not inhibit himself. The mere filing of an administrative case
against a judge is not a ground for disqualification on the ground of bias and prejudice
(Aparicio v. Andal, 175 SCRA 569 [1989]; Medina v. De Guia, 219 SCRA 153 [1993];
Mantaring v. Roman, Jr., 254 SCRA 158 [1996]).

VII
In need of legal services, Niko secured an appointment to meet with Atty. Henry
of Henry & Meyer Law Offices. During the meeting, N 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%)

SUGGESTED ANSWER:
Atty. Henry violated Canon No. 21 of the CPR by sharing information obtained
from his client Niko with Atty. Canonigo. Canon No. 20 provides that a lawyer shall
preserve the confidences or secrets of his client even after the attorney-client
relationship is terminated. 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 a collaborating counsel without the consent of the client (Rule 18.01, CPR).
On the other hand, Atty. Henry did not violate 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 members 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]).

VIII
State, with a brief explanation, whether the lawyer concerned may be sanctioned
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%)

SUGGESTED ANSWER:
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 incompetence and lack of adequate preparation.
[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%)

SUGGESTED ANSWER:
The lawyer may be 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 for 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 of and philosophy of law to a specified legal problem, such acts would constitute
practice of law, and the suspended lawyer can be sanctioned for performing them.
[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%)

SUGGESTED ANSWER:
The lawyer may be sanctioned. A lawyer shall not delegate to any unqualified
person the performance of any task which by law may only be performed by a member of
the bar in good standing (Rule 9.01, CPR)
[d] Keeping money he collected as rental from his clients tenant and remitting it
to the client when asked to do so. (3%)

SUGGESTED ANSWER:
The lawyer may be sanctioned for not delivering the rentals that he collected
from the clients tenant Immediately, and waiting for his client to ask for it yet. In the
case of Licuanan v. Melo (170 SCRA 100 [1989]), a lawyer who collected the rentals of
his clients property for a period of one year without reporting and/or delivering such
collections to his client until the latter demanded for it, was disbarred by the Supreme
Court. Money collected for the client should be reported and accounted for promptly.

ALTERNATIVE ANSWER:
The lawyer may not be sanctioned as long as he holds his clients funds in trust
and accounts for them and delivers them upon demand (Canon 16, Rules 16.01, 16.03,
CPR).
[e] Refusing to return certain documents to the client pending payment of his
attorneys fees. (3%)

SUGGESTED ANSWER:
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).
[f] An unwed female lawyer carrying on a clandestine affair with her unwed male
hairdresser. (3%)

SUGGESTED ANSWER:
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.
[g] Not paying the annual IBP dues. (3%)

SUGGESTED ANSWER:
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 (InReAtty. Marcial Edition, 84 SCRA 554 [1978]).

IX
State, with a brief explanation, whether the judge concerned may be sanctioned
for the conduct stated below.
[a] Refusing to inhibit himself although one of the lawyers in the case is his second
cousin. (3%)

SUGGESTED ANSWER:
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.
[b] Deciding a case in accordance with a Supreme Court ruling but adding that he
does not agree with the ruling. (3%)

SUGGESTED ANSWER:
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.
[c] Dictating his decision in open court immediately after trial. (3%)

SUGGESTED ANSWER:
There is no rule prohibiting such conduct, especially 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 maybe considered improper, and the judge accused of arriving at
hasty decisions. In the case of People v. Eleuterio (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 had prejudged the case and had a prepared
decision to foist upon the accused even the submission of the case. And what is worse is
that the decision was wrong.

X
Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision,
Quezon City, which he leased to Jun Miranda for a term of two years starting May 1, 2006,
at a monthly rental of P50,000. Jun defaulted in the payments of his rentals for six (6)
months, from January 1, 2007 to June 30, 2007.
[a] Prepare a demand letter as lawyer of Ian Alba addressed to Jun Miranda
preparatory to filing an ejectment case. (3%)

SUGGESTED ANSWER:

July 10, 2007

Mr. Ian Alba

No. 9, West Aguila St.
Green Cross Subdivision
Quezon City
Dear Sir:
This is with reference to your lease of the house and lot of my client, Mr. Jun
Miranda, located at your above stated address.
You leased the said property for a period of two years starting from May 1, 2006, at
a monthly rental of P50,000.00. However, you have defaulted in the payment of the said
rentals for six months already, from January 1, 2007 to June 30, 2007.
In view thereof, my client is hereby terminating your lease, and demand is hereby
made upon you to vacate the leased premises and pay your rentals in arrears within five (5)
days from your receipt hereof.
Yours truly,
Atty. X

[b] Assume Jun Miranda did not heed your demand letter. Draft a complaint for
ejectment. (Omit verification and affidavit of non-forum shopping). (9%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
QUEZON CITY
JUN MIRANDA,
Plaintiff,
- versus -

CIVIL CASE No.

For: Unlawful Detainer

IAN ALBA,
Defendant.
X------------------------X
COMPLAINT
PLAINTIFF, through undersigned counsel, respectfully alleges that:
1.
Plaintiff is of legal age and a resident of No. 7, West Aguila St., Green
Cross Subdivision, Quezon City, while defendant is of legal age and a resident of No. 9,
West Aguila St., Green Cross Subdivision, Quezon City, where he may be served with
summons;
2.
Plaintiff is the owner of a house and lot located at No. 9, West Aguila St.,
Green Cross Subdivision, Quezon City;
3.
On May 1, 2006, defendant leased the said house and lot from the plaintiff
for a period of two (2) years starting on the said date, at a monthly rental of P50,000,00 a
month, payable within the first five (5) days of each month;
4.
By virtue of the said lease, possession n of the said house and lot was
delivered to the defendant starting May 1, 2006;
5.
However, defendant defaulted in the payment of the monthly rentals for
six (6) months, from January 1, 2007 to June 30, 2007;
6.
Due to the default of the defendant in the payment of his rent, the
plaintiff, through undersigned counsel, sent him a letter dated July 10,2007, terminating
his lease and demanding that he vacate the leased premises and pay his rentals in arrears
within five (5) days from receipt of the said letter; a copy of the said letter is hereto
attached as Annex A hereof;

7.
Defendant received the said letter on July 15, 2007, as shown by his
signature at the bottom of Annex A hereof, but he failed and refused, and until the
present continues to fail and refuse, without justifiable cause, to vacate the premises and
pay his rentals in arrears;
8.
Due to the refusal and/or failure of the defendant to comply with plaintiffs
plainly just and valid claim, plaintiff was compelled to file this complaint, and to engage
the services of legal counsel for a fee of P50,000.00, for which defendant should be held
liable.
WHEREFORE, it is respectfully prayed that, after due hearing, judgment be
rendered:
(a)
Ordering the defendant to vacate the house and lot located at No. 9,
West Aguila St., Green Cross Subdivision, Quezon City, and surrender possession thereof
peacefully to the plaintiff;
(b)
Ordering the defendant to pay the plaintiff rentals in arrears at the rate of
P50,000.00 a month from January 1, 2007 until the time that he actually vacates the
leased premises;
(c)
Ordering the defendant to pay the plaintiff the sum of P50,000,00 as
attorneys fees; and,
(d)

Ordering the defendant to pay the costs of suit.

Plaintiff prays for such other and further reliefs as may be just and equitable under
the premises.
Atty. X
Counsel for the Plaintiff
(Address)
(Attorney Roll No.)
IBP O. R. No. (date & place of issue)
PTR O.R. No. (date & place of issue)

XI
Draft a complete deed of donation of a piece of land in accordance with the form
prescribed by the Civil Code. (8%)

SUGGESTED ANSWER:
DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS:

That, for an in consideration of the love and affection which I bear for the donee, I,
Mr. A.B., Filipino, of legal age, single and a resident of No. 7, West Aguila St, Green Cross
Subdivision, Quezon City, Manila, have donated, as I hereby donate, to the Donee, Miss
C.D., of legal age, single and a resident of No. 11, West Agiuila St., Green Cross
Subdivision, Quezon City, that certain parcel of land and the improvements thereon
located at No. 9, West Aguila St. , Green Cross Subdivision, Quezon City, covered by
Transfer Certificate of Title No. 12345 of the Registry of Deeds of Quezon City, and which
is more particularly described as follows:
(technical description)
And I, the above-named donee, do hereby accept this donation with deep
gratitude to the donor.
IN WITNESS WHEREOF, the parties hereto have signed these presents, at Quezon
City, Philippines, this 25th day of September, 2008.
A.B.
Donor

C.D.
Donee
WITNESSES:

_____________________

_________________________

REPUBLIC OF THE PHILIPPINES)

CITY OF QUEZON
) S.S.
ACKNOWLEDGMENT
In the City of Quezon, Philippines, this 25th day of September, 2008, before me, a
Notary Public in and for the said city, personally appeared Mr. A.B., with Drivers License
No. _____________ issued at Quezon City, on _________________, and Miss C.D. with Passport
No. _____________, issued at Manila, on _________________, both of whom are personally
known to me and to me known to be the same persons who executed the foregoing
instrument, and they acknowledged to me that the same is their free and voluntary act and
deed.
I further certify that the foregoing instrument is a deed of donation of a parcel of
land with the improvements thereon located at No. 9 West Aguila St., Green Cross
Subdivision, Quezon City, and consists of pages, including this page, and signed on each
and every page by the said parties and their instrumental witnesses.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC

Until December 31, 2010

(address & tel. no.)
(Attys. Roll No., date)
(IBP O.R. No., date/place issued)
( PTR O.R. No. date/place issued)
Doc No. _______;
Page No. ______;
Book No. ______;
Series of 2008.

2007 BAR EXAMINATION

I
(10%)
What are the duties of an attorney?

SUGGESTED ANSWER:
The duties of attorneys can be found either in the Attorneys Oath, Section 20, Rule
138 of the Rules of Court, or the Code of Professional Responsibility In the Attorneys
Oath:
1. 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.
In Section 20, Rule 138 of the Rules of Courts:
1. To maintain the allegiance to the Republic of the Philippines;
2. To maintain the respect due to the courts of justice an and judicial officers;

3. To counsel or maintain such actions or proceedings only as appear to him to be

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

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

of the land and promote respect for the law and legal processes;

B.

Duties to the legal profession - to uphold the dignity and integrity of the
legal profession;

C.

Duties to the court - to be candid with and promote respect for the
courts and judicial officers, and to assist the courts in rendering speedy
and efficient justice, and,

D.

Duties to the client - to observe candor, fairness and loyalty to the client;
hold the clients money and property in trust, serve the client with
competence and diligence, and to preserve the confidence of the client.

It is recommended that an enumeration on the basis of any one of the foregoing

sources be given full credit.

II
(10%)
C engaged 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 to execute deeds of sale in his
favor without any monetary or valuable consideration, to which C agreed on condition that
he would sell the lots and from the proceeds pay her creditors. Later on, C came to know
that attorney D did not sell her lots but instead paid her creditors with his own funds and
had her land titles registered in his name.
Did attorney D violate the Code of Professional Responsibility? Explain.

SUGGESTED ANSWER:
The decision of the Supreme Court in the case of Hernandez v. Go, (450SCRA 1
[2005]), is squarely applicable to this problem. Under the same set of facts, the Supreme
Court held the lawyer to have violated Canons 16 of the Code of Professional
Responsibility, which provides as follows:
Canon 16. A lawyer shall hold entrust all moneys and properties of his client hat
may come into his possession.
and Canon 17 of the same Code, which provides s follows:
Canon 17. A lawyer owes fidelity to the cause of his client and he shall be mindful
of the trust and confidence reposed in him.
The Supreme 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.

III
(10%)
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
plaintiffs counsel (attorney M) appeared convinced of the validity of the demurrer 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 elements and in view of
attorney Ms 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 clients trust and confidence and violated his oath of office in failing to
defend his clients 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 when he appeared for N,
he had only half of the information and background of the case; that he was assured by Ns
friends that they had approached 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.

SUGGESTED 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.
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 go to trial with only half of the information and
knowledge of the case.. It is his duty to go to trial adequately prepared (Rule 12.01, Code
of Professional Responsibility).
His defense that friends of N assured him that they had approached the judge, and
asked him to prepare a motion for reconsideration, which he allegedly did and gave to
them, is incredible. Even if true, Atty. M violated Canon No. 13 of the Code of Professional
Responsibility 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 court.
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 (Francisco v. Portugal, 484 SCRA 57[2006]e).

IV
(10%)
When is recovery of attorneys fees based on quantum meruit allowed?

SUGGESTED ANSWER:
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 the client; (2) when although there is a formal contract for attorneys fees, the
fees stipulated are found unconscionable or unreasonable by the court; and (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; (5) when
lawyer and client disregard the contract for attorneys fees ( Rilloraza vs. Eastern
Telecommunications Phils., 308 SCRA 566 [1999]).

V
(10%)
During the hearing of an election protest filed by his brother, Judge E sat in the
area reserved for the public, no beside his brothers lawyer. Judge Es 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 decide 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 protests 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.

SUGGESTED ANSWER:
Judge E committed an act of impropriety in appearing in another court at the
hearing of his brothers election protest. In the case of Vidal v. Dojillo, Jr., (463 SCRA 264
[2005]), which involved the same facts, the Supreme Court held as follows:
Respondent, in his defense, stated that he attended the hearing of his brothers
election protest case just to give moral support and, in the process, also observe how
election protest proceedings are conducted. 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 to favor his brother.

VI
(Total 10%)
[a] A and B are accused of Estafa by C, the wife of Regional Trial Court Judge D.
Judge D testified as a witness for the prosecution in the Estafa case. Did Judge D commit
an act of impropriety? Give reasons for your answer. (5%)
[b] What qualities should an ideal judge possess under the New Code of Judicial
Conduct for the Philippine Judiciary? (5%)

SUGGESTED ANSWER:
a)
If the testimony of Judge D is essential for the prosecution of the estafa
case brought by his wife, it is not improper for him to testify. But if it is not essential, as it
does not appear to be so, his act of testifying will be improper.
Section 3, Canon 1, of the New Code of Judicial Conduct for the Philippine
Judiciary provides , that judges shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court of administrative
agency. Section 8, Canon 4, of the same Code provides that judges shall not use
nor 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 imnrouerlv to
influence them in the performance of judicial will convey the impression that he is
trying to influence the presiding judge.
b)
The qualities required of judges by the New Code of Judicial Conduct for
the Philippine-Judiciary are Independence (Canon 1), Integrity (Canon 2), Impartiality
(Canon 3), Propriety (Canon 4) , Equality (Canon 5), and Competence and Diligence
(Canon 6).

VII
(Total 10%)
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%)
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
functions and duties? (5%)
SUGGESTED ANSWER:
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:
[a] at least one current identification document issued by an official agency
bearing the photograph and signature of the individual, or,
[b] 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, document or transaction who each personally knows the
individual and shows to the notary public documentary identification.
b)
MTC and MCTC judges assigned to municipalities of circuits with no
lawyers or notaries public may, in their capacity as notary public ex-officio perform any act
within the competency of a regular notary public, provide that:
(1) all notarial fee charged be for the account of the government and turned over
to the municipal treasurer (Lapeha v. Marcos, Adm. Matter No. 1969- MJ) and (2)
certification be made in the notarized documents attesting to the lack of any lawyer or
notary public in such municipality or circuit (Abadilla v. Tabiliran, Jr., Adm. Matter MTC92-716).

VIII
(Total 10%)
Prepare a clause stipulating a right of first refusal to be embodied in a contract of
lease, in case of sale of the property leased.

SUGGESTED ANSWER:
It is hereby agreed that if the Lessor should decide to sell the leased premises
during the period of this lease, he shall first offer the same in writing to the Lessee who
shall have the right to accept the offer within a period of thirty (30) days from receipt of
the same. Should the Lessee fail or refuse fail to accept, the Lessor may offer to sell the
property to any other person, provided that he cannot offer the same at a lower price
without first extending the same right of first refusal to the Lessee.

IX
(10%)
Prepare an affidavit of merits to be attached to a Petition for Relief.

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
CITY OF MANILA

)
) S.S.
AFFIDAVIT OF MERIT

I, Mr. B, of legal age, single, and a resident of Quezon City, after being duly sworn,
depose and state that:
1.
I am the defendant in the case entitled A versus B, docketed as Case No.
1234 of the Regional Trial Court of Manila, Branch 56, for collection of a sum of money;
2.
On July- 7, 2007, while on our way to the court to attend the hearing of said
case, a truck bumped the taxicab in which my counsel and I were riding, causing serious
physical injuries to both of us, which necessitated our hospitalization for two months;
3.
Upon our failure to appear in court on that date, the Honorable Regional
Trial Court proceeded with the trial and thereafter rendered judgment ordering me to pay
the plaintiff the amount of P500,000.00 with interest from January 10, 2006, plus costs.
The said decision was served on my counsel only on September 15, 2007.
4.
If I am given a chance to present evidence, I can show that the amount
being collected from me by the plaintiff has been fully paid as shown by the receipt, a copy
of which is attached hereto as Annex 1 of this Affidavit;
FURTHER, AFFIANT SAYETH NAUGHT.
Manila, September 20, 2007.
B
Affiant
SUBSCRIBED AND SWORN to before me, this 21st day of September 2007, by the
affiant Mr. B who exhibited to me his Passport No. 345678 issued at Manila, on January 12,
2007.
WITNESS MY HAND AND SEAL.

CD
NOTARY PUBLIC Until
December 31, 2007
Commission No. (address)
Attorneys Roll No. _____________
IBP Membership No. ___________
PTR O.R. No. ________, Manila,

Doc No. _______;

Page No. ______;
Book No. ______;
Series of 2007.

X
(10%)
Prepare an arbitration clause to be included in a contract.

SUGGESTED ANSWER:
Any dispute that may arise between the parties hereto concerning the
interpretation of this contract and/or on the rights, duties or liabilities of any party arising
hereunder, shall be exclusively referred to arbitration by a committee of three (3)
arbitrators. Each party shall nominate one arbitrator and the two so nominated shall
choose the third arbitrator. If they cannot agree on the third arbitrator within sixty (60)
days from the date that the last of them was nominated, the Executive Judge of the
Regional Trial Court of Manila shall be asked to appoint such third arbitrator. Any decision
of the Arbitration Committee shall be final, enforceable and binding on the parties.

2006 BAR EXAMINATION

I
1. Why is law a profession and not a trade? 2.5%

SUGGESTED ANSWER:
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.
2. Why is an attorney considered an officer of the court? 2.5% .

SUGGESTED ANSWER:
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
(Hi/ado v. David, 84.SCRA 569 [1949]). A lawyer shall exert every effort and consider it his
duty to assist in the speedy and efficient administration of justice (Canon 12, Code of
Professional Responsibility).

II
1.

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

SUGGESTED ANSWER:
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 counseling, and the
preparation of instruments and contracts by which legal rights are secured. (Ulep v. 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]).
2.
Enumerate the instances when a law student may appear in court as
counsel for a litigant. 2.5%

SUGGESTED ANSWER:
a)
Under the Student Practice Rule, a law student who has successfully
completed his third year of the regular four-year prescribed law curriculum and is enrolled
in a recognized law schools 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, under the direct supervision and control of a member of
the Integrated Bar of the Philippines if he appears in a Regional Trial Court, and without
such supervision if he appears in an inferior court (Bar Matter 730, June 10, 1997);
b)
When he appears as an agent or friend of a litigant in an inferior court (Sec.
34, Rule 138, Revised Rules of Court);
c)
When he is authorized by law to appear for the Government of the
Philippines (Sec. 33, Rule 138, Revised Rules of Court);
d)
In remote municipalities where members of the bar are not available, the
judge of an inferior court may appoint a non-lawyer 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);

e)
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 authorization from them, or (c) he is a dulyaccredited member of any legal aid office duly recognized by the Department of Justice or
the Integrated Bar of the Philippines in cases referred to by the latter (Art. 222, Labor
Code, Kanlaon Construction Enterprises Co., Inc. v. NLRC, 279 SCRA 337 [19971);
f)
Under the Cadastral Act, a non-lawyer may represent a claimant before
the Cadastral Court (Sec. 8, Act No.2250).

Ill
1.
The Supreme Court suspended indefinitely Atty. Fernandez from the
practice of law for gross immorality. He asked the Municipal Circuit Trial Court Judge of
his town if he can be appointed counsel de oficio for Tony, a childhood friend who is
accused of theft. The judge refused because Atty. Fernandezs name appears in the
Supreme Courts List of Suspended Lawyers. Atty. Freelances then inquired if he can
appear as a friend for Tony to.defend him.
If you were the judge, will you authorize him to appear in your court as a friend for
Tony? 5% .

SUGGESTED ANSWER:
I will not authorize him to appear as a friend of Tony. The accused in a criminal
case is entitled to be represented by legal counsel, and only a lawyer can be appointed as
counsel de officio. Although a municipal trial court may appoint a person of good refute to
aid the accused as counsel de officio in his defense, this is applicable only where members
of the bar are not present (Sec. 4, Rule 116, Revised Rules of Court). Necessarily, the friend
referred to one who is not a lawyer. Atty. Fernandez is a lawyer but under Indefinite
suspension. He should not be allowed to practice law even as a counsel de officio.
2.
Supposing Tony is a defendant in a civil case for collection of sum of money
before the same court, can Atty. Fernandez appear for him to conduct his litigation? 5%

SUGGESTED ANSWER:
Even if Tony is a defendant in a civil case, Atty. Fernandez cannot be allowed to
appear for him to conduct his litigation; otherwise, the judge will be violating Canon 9 of
the Code of Professional Responsibility which provides that "a lawyer shall not, directly or
indirectly, assist in the unauthorized practice of law.

ANOTHER SUGGESTED ANSWER to 1 and 2:

Yes, if Atty. Fernandez was appointed by Tony. Even if Atty. Fernandez was
suspended indefinitely, he may appear as an. agent or friend of Tony, the party litigant in

the Municipal Trial Court, if Tony appoints him to conduct his case (Sec. 34, Rule 138,
Revised Rules of Court, Cantimbuhan v. Cruz, Jr., 126 SCRA 190 [1983]).

IV
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.
1.

Is his argument correct? 3%

SUGGESTED ANSWER:
Atty. Oldie is not correct. The Senior Citizens Act is not applicable to the IBP 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]).
For the same reasons, Atty. Oldie also insists that he should be exempt from the
Mandatoiy Continuing Legal Education (MCLE) requirements.
2.

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.

V
Myma, 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.
1.
Is it ethical for Atty. Mendoza to advise Myma to terminate the services of
Atty. Khan and hire him instead for a reasonable attorney's fees? 5%

SUGGESTED ANSWER:
Such advice would be unethical. A lawyer shall conduct himself with courtesy,
fairness and candor toward his professional colleagues (Canon 8, Code of Professional

Responsibility [CPR]). Specifically, he should not directly or indirectly encroach upon the
professional employment of another lawyer (Rule 8.02, CPR)
2.
What should Atty. Mendoza do about the information relayed to him by
Myma that Atty. Khan approached her husband with an indecent proposal? 5%

SUGGESTED ANSWER:
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 (Rule 8.02, CPR).

VI
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%

SUGGESTED ANSWER:
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 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]).

VII
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%

SUGGESTED ANSWER:
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 violating
his oath of office (Enriquez, Sr. v. Hon. Gimenez, 107 Phil. 933 [I960]).

ANOTHER SUGGESTED ANSWER:

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 [c], 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 (Canon 6, CPR).

VIII
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. Coronels explanation tenable? 5%

SUGGESTED ANSWER:
Atty. Coronels explanation is not tenable the role of the States 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.

IX
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 wall not prosper for the reasons stated
therein.
Is Atty. Hernandezs acquiescence to be Noels counsel ethical? 3%

SUGGESTED ANSWER:
No, Atty. Hernandezs acquiescence to be Noels 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 (Hi/ado v. David, 84 Phil.
569 [1949]).

X
In the course of a drinking spree with Ally. 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 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 Simons revelation to Atty. Holgado covered by the attorney-client privilege? 5%

SUGGESTED ANSWER:
Simons revelation to Atty. Holgado is not covered by the lawyer-client privilege. In
the first place, it 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 attorneyclient privilege does not cover information concerning a crime or a fraud .being
committed or proposed to be committed.

XI
The contract of attorneys 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.
1. Is the agreement valid? 2.5%

SUGGESTED ANSWER:
The agreement that the lawyer will assume payment of all the expenses of
litigation makes it a champertous contract, which is invalid.

2.
80%? 2.5%

May Atty. Quintos and Susan increase the amount of the contingent fee to

SUGGESTED ANSWER:
Atty. Quintos and Susan can freely agree to increase the amount of the contingent
fee to 80%, but as long as the agreement, is still champertous, the agreement will still be
invalid. Besides, even if there is no champertous provision present, the contingent fee of
80% of the property recovered could still be considered as unconscionable, because it is so
disproportionate as to indicate that an unjust advantage had been taken of the client, and
is revolting to human conscience. Contracts for attorneys fees are always subject to
control by the courts.

XII
1.

What is Assumpsit and when is it proper? 2%

SUGGESTED ANSWER:
Assumpsit is an action in common law for the recovery of damages for the nonperformance of a parol or simple contract, (Bouviers Law Dictionary, Vol. 1, pp. 269-270).
The term has been used in relation to the collection of attorneys 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 (Qui/ban v. Robino/ 171 SCRA 768 [1989]).
2.
Give 4 instances when a client may validly refuse to pay his lawyer the full
amount of attorneys fees stipulated in their written contract. 4%

SUGGESTED ANSWER:
Any four of the following instances constitute valid grounds for client to refuse to
pay the full amount of the attorneys fees stipulated in their contract:
a.

When the lawyer was negligent in the performance of his duties;

b.

When the lawyer gave just cause for the termination of his services;

c.
When the lawyer unceremoniously withdraws from or abandons a case
without just cause;
d.
When the lawyer simultaneously represents an adverse interest without his
clients consent;
e.

When the amount fixed is excessive, unconscionable, or unreasonable;

f.
Where the contract of employment is void because of some irregularity in
its execution or as to purely formal matters.

XIII
What are the primary duties imposed by the Lawyers Oath upon every member of
the Bar? 5%

SUGGESTED ANSWER:
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 all good fidelity as well to the court as to his clients (Rule 138, Sec. 3 Rules
of Court).

XIV
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%

SUGGESTED ANSWER:
The disbarment or suspension of a member of the Philippine Bar by a competent
court or other disciplinary agency in a foreign jurisdiction where he has also been
admitted as an attorney is a ground for his disbarment or suspension if the basis of such
action includes any of the acts hereinabove enumerated.
The judgment, resolution or order of the foreign court or disciplinary agency shall
be primafacie 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]).

XV
Which of the following acts does not constitute a ground, for disbarment? Explain.
2.5%
1.

Gross misconduct;

2.

Fraudulent misrepresentation;

3.

Grossly immoral conduct;

4.

Violation of the Lawyers Oath;

5.

Willful disobedience to a lawful order of the Supreme Court;

6.

Malpractice;

7.

Appearance of a non-lawyer as an attorney for a litigant in a case.

SUGGESTED ANSWER:
No. 7, Appearance of a non-lawyer as an attorney for a litigant in a case", is not a
ground for disbarment, for the simple reason that the offender is not a lawyer, and only a
lawyer can be disbarred.

XVI
Draft an Affidavit of Desistance in a criminal case for acts of lasciviousness.
(Exclude the jurat) 5%

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
AFFIDAVIT OF DESISTANCE

I, __________________, of legal age, single and a resident of ___________ after having

been duly sworn in accordance with law, hereby depose and state:
1.
That I am the complainant in Criminal Case No. ________ of the
Metropolitan Trial Court of Manila, Branch _____, for Acts of Lasciviousness;
2.
That, after listening to the explanation of the accused, I am convinced that
he acted unintentionally and without malicious intent;
3.
That I am no longer interested in the prosecution of the said case, and I am
hereby desisting from the same.
FURTHER, AFFIANT SAYETH NAUGHT.
Manila, September 24, 2006.
Affiant
(jurat)

XVII
Draft an Affidavit of Self-Adjudication of the estate of a deceased person. (Exclude
the jurat) 5%

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
AFFIDAVIT OF SELF-ADJUDICATION
I, __________________, of legal age, single and a resident of Manila after having been
duly sworn in accordance with law, hereby depose and state:
1.
That ____________, a resident of __________, died on September 1, 2006,
without a last will and testament;
2.
That I am the sole heir of the said deceased, being his only child by his wife
who has predeceased him;
3.
That the said deceased left real and personal properties consisting of his
house and lot located at Manila, and covered by TCT No. _____________ of the Register of
Deeds of Manila, and personal belongings found in the said house;

4.

That the said deceased left no debts;

5.
That, wherefore, I hereby adjudicate all of the above-described properties
of the deceased to myself as his sole heir.
FURTHER, AFFIANT SAYETH NAUGHT.
Manila, September ____________, 2006.
Affiant
(jurat)

XVIII
Draft an Information charging Obet Buena with arson filed with the Regional Trial
Court. Branch 10, Manila. 10%

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT, BRANCH 10
MANILA
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

CRIMINAL CASE No.___________

OBET BUENA,
Accused.
X------------------------------------------------X
The undersigned Public Prosecutor hereby accused OBET BUENA of the crime of
ARSON, committed as follows:
That, on or about September 1,2006, at about 10:00 p.m. at
nighttime purposely sought to facilitate the commission of the offense, at
St., District of Quiapo, City of Manila and within the jurisdiction of this
Honorable Court, the said accused did then and there willfully, unlawfully
and feloniously perform all the acts of execution which would produce the
crime of arson as a consequence, by throwing a lighted torch and a can of
gasoline at a Barangay Hall in the said street, causing as a result the
complete burning and destruction of the same to the damage and
prejudice of the City of Manila, in the amount of P5,000,0,00.00.

Contrary to law.
Manila, September ____, 2006.
Public Prosecutor
Certification
I hereby certify that a preliminary investigation of the above-entitled case was
conducted under my direction, and that there is prima facie evidence that a crime has
been committed and that the accused is probably guilty thereof.
Public Prosecutor

2005 BAR EXAMINATION

I
Multiple choice. Choose the correct answer. Write the letter corresponding to
your answer.
(1) Which of the following need not be verified?
a) Petition for Certiorari;
b) Interpleader;
c) Petition for Habeas Corpus;
d) Answer with compulsory counterclaim;
e) All pleadings under the Rules on Summary Procedure. (2%)

SUGGESTED ANSWER:
The following need not be verified: (b), (d)
(2) 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.
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,
initiates and prosecutes 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%)

SUGGESTED ANSWER:
The following statement is false: (b).
(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;

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

SUGGESTED ANSWER:
The lawyer is proscribed from testifying on the following as a witness in a case he is
handling for a client:
c).
[NOTE: The instructions in the questionnaire as well as the questions themselves do not
require any explanation.]

II
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 Lawyer's 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."
a)
Having passed the bar, can Mike Adelantado already use the appellation
attorney"? Explain your answer. (3%)

SUGGESTED ANSWER:
No. Only those who have been admitted to the Philippine Bar can be called
Attorney" (Alawivs.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)
Should Mike Adelantado be allowed to take his oath as a lawyer and sign
the Roll of Attorneys? Explain your answer. (3%)

SUGGESTED ANSWER:
No, he should not be allowed to take his oath and sign the Attorneys 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]).

Ill
Atty. Kuripot was one of Town Bank's 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%)

SUGGESTED ANSWER:
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)
Explain whether Atty. Kuripot should be held administratively liable for his
refusal to settle his credit card bill. (3%)

SUGGESTED ANSWER:
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 creditors
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 (Constantino vs.
Saludares, 228 SCRA 233 [1993], Lao vs. Medel, 405 SCRA 227 [2003]), there is no
obstinacy shown in this case.

IV
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%)

SUGGESTED ANSWER:
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.

V
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%)

SUGGESTED ANSWER:
The explanation of Judge Horacio is not tenable. In the case of City ofTagbilaran
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 judges 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 [V]verily, 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).

VI
A business man 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.
Will you lower your rates in order to get the client? Explain. (5%)

SUGGESTED ANSWER:
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.

VII
(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%)

SUGGESTED ANSWER:
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 the formers disqualification (Masadao 82, Elizaga, Re
Criminal Case No. 4954-M, 155 SCRA 72 [1987]).
(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%)

SUGGESTED ANSWER:
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.

VIII
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%)

SUGGESTED ANSWER:
The motion will not prosper. It is the lawyers 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]).

IX
Darius is charged with the crime of murder. He sought Atty. Francias help and
assured the latter that he did not commit the crime. Atty. Francia agreed to represent him
in court. During the trial, the prosecution presented several witnesses whose testimonies
convinced Atty. Francia that her client is guilty. She confronted his client who eventually
admitted that he indeed committed the crime. In view of his admission. Atty. Francia
decided to withdraw from the case.
Should Atty. Francia be allowed to do so? Explain. (5%)

SUGGESTED ANSWER:
No, he should not be allowed to withdraw. A lawyer shall not decline to represent a
person solely because of his opinion regarding the guilt of the said person (Rule 14.01,
Canons of Professional Responsibility). It is the 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]).

X
Atty. Yabang was suspended as a member of the Bar for 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 SUGGESTED 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 firms 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.

XI
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%)

SUGGESTED ANSWER:
There is conflict of interest when a lawyer represents inconsistent interests. This rule
covers not only cases in which confidential communications have been confided, but also
those in which no confidence has 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.

XII
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 Magbag's act. (5%)

SUGGESTED ANSWER:
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.

XIII
Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate
of Title No. 12345 located in Sampaloc. Metro Manila. Geriy decided to sell the property
but did not have the time to look for a buyer. He then designated his brother. Jon, to look
for a buyer and negotiate the sale. Jon met Angelo Santos who expressed his interest to
buy the lot. Angelo agreed to pay PI Million for the property on September 26. 2005.
a)
Draft the Special Power of Attorney to be executed by Gerry Cruz, as
principal, in favor of his brother Jon, as agent, authorizing the latter to sell the property in
favor of Angelo Santos. (7%)

SUGGESTED ANSWER:
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT I, GERRY CRUZ, of legal age, single and a resident of _______________, Manila, have
named, appointed ______________________ and constituted, and by these presents do hereby
name, constitute and appoint, my brother JON CRUZ, whose specimen signature appears
below, as my true and lawful Attorney-in- Fact, for me and in my name, place and stead,
and for my benefit, to do or perform any or all of the following acts and deeds, to wit:
To sell to Angelo Santos at the price of One Million Pesos (PI, 000,000.00), my
parcel of land with an area of one thousand (1,000) square meters, located in Sampaloc,
Manila, covered by Transfer Certificate of Title No. 12345 of the Register of Deeds of
Manila, and which is more particularly described as follows:
(technical description)
and to execute and sign the corresponding deed of sale.

HEREBY GIVING AND GRANTING unto my said Attorney-in- Fact full power and
authority whatsoever necessary, proper and convenient as fully to all intents and purposes
as I might or could do if personally present, and hereby confirming and ratifying all that
my said Attorney-in-Fact shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have signed these presents, at the City of Manila, this
25th day of September, 2005.
GERRY CRUZ
Principal
SPECIMEN SIGNATURE:
JON CRUZ
Attorney-in-Fact
WITNESSES:
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES) S.S.
CITY OF MANILA
)
IN THE CITY OF MANILA, Philippines, this ____ day of _____________, 2005,
personally
appeared
before me Mr. GERRY CRUZ, with Community Tax
Certificate No. _____________ issued at __________ on __________, 2005, personally known to
me to be the same person who executed the foregoing instrument, and he acknowledged
to me that the same is his free and voluntary act and deed.
I further certify that the foregoing instrument is a Special Power of Attorney to sell a
parcel of land located in Sampaloc, Manila, and consists of _____ pages, including this
page, and signed on each and every page by the said GERRY CRUZ and his instrumental
witnesses.
NOTARY PUBLIC Until December 31, 200_ (address)
Commission No. , Manila
Attorneys Roll No.
IBP Membership Roll No.
PTR O.R. No. Manila, 2005
Doc. No.
Page No.
Book No.
Series of 2005.

b)

Draft the Deed of Sale of Real Property. (7%)

SUGGESTED ANSWER:
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This instrument, executed by and between:
GERRY CRUZ, of legal age, single, and a resident of _______________, herein represented by
his Attorney-in- Fact, JON CRUZ, of legal age and a resident of _____________ and
_____________ hereafter referred to as the VENDOR,
-

and -

ANGELO SANTOS, Filipino, of legal age, single, a resident of _____________ and hereafter
referred to as the VENDEE,
WITNESSETH:
THAT, for and in consideration of the sum of One Million Pesos (P1,000,000.00), in
hand paid by the VENDEE to the VENDOR and receipt of which is herein acknowledged by
the latter, the VENDOR has sold, transferred and conveyed, and by these presents does
hereby sell, transfer and convey, unto the VENDEE, that certain parcel of land with an area
of 1,000 square meters, more or less, located in Sampaloc, Manila, covered by Transfer
Certificate of Title No. 12345 of the Register of Deeds of Manila, and which is more
particularly described as follows:
(technical description)
IN WITNESS WHEREOF, the parties hereto have signed these presents at Manila,
this 26th day of September, 2005.
GERRY CRUZ
Vendor
T.I.N. _________

ANGELO SANTOS
Vendee
T.I.N. _________

By:
JON CRUZ
Attorney-in-Fact
WITNESSES:
___________________

_________________

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
IN THE CITY OF MANILA, Philippines, personally appeared before me, Mr. JON
CRUZ, with Community Tax Certificate No. ____________ issued at ____________ on
______________, 2005, in his capacity as Attorney-in-Fact of Mr. GERRY CRUZ, with
Community Tax Certificate No. ____________ issued at ____________ on ______________, 2005,
both of whom are personally known to me to be the same persons who executed the
foregoing instrument, and they acknowledged to me that the same is their free and
voluntary act and deed, and the free and voluntary act and deed of the principal whom Mr.
JON CRUZ represents.
I further certify that the foregoing instrument is a deed of sale of a parcel of land
located in Sampaloc, Manila, and consists of ____ pages,
including this page, and is
signed on each and every page by the said parties and their instrumental witnesses.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
My Commission expires on December 31, 2005
(Address)
Commission No._______,
Manila
Attorneys Roll No.
IBP Membership No.
PTR O.R. No. ________, Manila, 2005
Doc. No.
Page No.
Book No.
Series of 2005.

XIV
Draft a withdrawal of counsel without conformity of client. (6%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
A.B.,
Plaintiff,
- versus -

CIVIL CASE NO

C.D.,
Defendant.
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
COMES NOW the undersigned counsel for the plaintiff and to this Honorable Court
respectfully alleges:
1.
That he has recently suffered a mild stroke, and his present physical and condition
renders it difficult for him to carry out his employment effectively.
2.
That he has tried to get the conformity of his client but the latter refuses to give
the same.
WHEREFORE, it is respectfully prayed that the undersigned counsel be granted
leave to withdraw as counsel for the plaintiff.
Manila, ____________, 2005.
X
Counsel for the Plaintiff
(address)
(Attorneys Roll No., IBP Membership No., PTR O.R. No.)
NOTICE OF HEARING
To: A.B.
Atty. Y
Counsel for the Defendant
Gentlemen:
Notice is hereby given that on ___________, 2005, at 8:30 a.m. or as soon thereafter
as the matter may be heard, the undersigned counsel will submit the foregoing motion to
the Honorable Court for its consideration and resolution.
X
Copies Furnished by Personal Delivery:
Atty. Y
(address)
Mr. A.B.
(address)

XV
Draft a Notice of Appeal. (6%)

SUGGESTED ANSWER:
NOTICE OF APPEAL
Notice is hereby given that the defendant is hereby appealing from the judgment
of this Honorable Regional Trial Court dated __________, 2005, a copy of which was served
on the defendant only on ___________, to the Court of Appeals, on questions of fact and law.
Manila, ______________, 2005.
ATTY. X
Counsel for the Defendant
(Address, Attorneys Roll no., top Membership no., PTR O.R. No.)
Copy Furnished:
Atty. Y
Counsel for the Plaintiff
Address)

XVI
Draft a Certification of Non-Forum Shopping. (6%)

SUGGESTED ANSWER:
CERTIFICATE OF NON-FORUM SHOPPING
I, A.B., plaintiff in the above-entitled case, do hereby certify under oath that:
1.
I have not heretofore commenced any action or filed any claim involving
the same issues before any court, tribunal or quasi-judicial agency;
2.
To the best of my knowledge, there is no such other action or claim is
pending before any other court, tribunal or quasi-judicial agency; and,
3.
If I should thereafter learn that such other action has been filed or is
pending, I will report such fact to this Honorable Court within five (5) days after learning
the same.

Manila, ______________, 2005.

A.B.
(Jurat)

2004 BAR EXAMINATION

I
A.
Under the Code of Professional Responsibility, what is the principal
obligation of a lawyer towards:
5%
(1) The legal professional and the Integrated Bar?
(2) His professional colleagues?
(3) The development of the legal system?
(4) The administration of justice?
(5) His client?

SUGGESTED ANSWER:
(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)
(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)
(3)
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)

ALTERNATIVE ANSWER:
(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)

(4)
A lawyer shall exert every effort and consider his duty to assist in the
speedy and efficient administration of justice." (Canon 12, Code of Professional
Responsibility)

ALTERNATIVE ANSWER:
(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)
(5)
A lawyer shall observe candor, fairness and loyalty in all his dealings and
transactions with his client." (Canon 15, Code of Professional Responsibility)
B.
In the course of a judicial proceeding, a conflict of opinions as to 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. 5%

SUGGESTED ANSWER:
"When lawyers jointly associated in a cause cannot agree as to any matter vital to
the interest of the client, the conflict of opinion should be 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).

II
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 attorneys 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.

A.
Under the given facts, is the defense lawyer legally justified in seeking
withdrawal from the case? Why or why not? Reason briefly. (5%)

SUGGESTED ANSWER:
Yes, he is justified. Under Rule 22.01 of the Code of Professional Responsibility, a
lawyer may withdraw his services "if the 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.
Was the motion for relief as counsel made by the defense lawyer in full
accord with the procedural requirements for a lawyers withdrawal from a court case?
Explain briefly. (5%)

SUGGESTED ANSWER:
No, his actuation is not in accord with the procedural requirements for the lawyers
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.

Ill
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. The Judge forthwith issued an order
directing the exclusion from the courtroom of all television paraphernalia and further
instructing the reporters inside the hall not to operate their video cams during the
proceedings. The defense lawyers objected to the courts order, claiming that it was
violative of their clients constitutional right to a public trial.
A.
In issuing the questioned order, did the Judge act in violation of the rights
of the accused to a public trial? Discuss briefly. (5%)

SUGGESTED ANSWER:
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 [19731). 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.
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%)

SUGGESTED ANSWER:
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, [2001]).

ALTERNATIVE SUGGESTED ANSWER:

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. Aquinos Libel Case", the Supreme Court ruled that: Considering the prejudice it poses to the defendants 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 dining the trial proper.

IV
Primo, Segundo and Tercero are co-accused in information charging them with the
crime of homicide. They are respectively represented by Attys. Juan Uno, Jose Dos and
Pablo Tres. During the pre-trial conference, Attys. Uno and Dos manifested to the court
that their clients are invoking alibi as their defense. Atty. Tres made it known that accused
Tercero denies involvement and would testily that Primo and Segundo actually
perpetrated the commission of the offense charged in the information.
In one hearing during the presentation of the prosecutions evidence in chief, Atty.
Uno failed to appear in court. When queried by the Judge if accused Primo is willing to
proceed with the hearing despite his counsels absence, Primo gave his consent provided
Attys. Dos and Tres would be designated as his joint counsel de 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.

A.
Is there any impediment to Atty, Dos acting as counsel de oficio for
accused Primo? Reason. (5%)

SUGGESTED ANSWER:
There is no impediment to Atty. Dos acting as counsel de oficio for accused Primo.
There is no conflict of interest involved between Primo and his client Segundo,
considering that both are invoking alibi as their defense.
B.
May Atty. Tres legally refuse his designation as counsel de oficio of accused
Primo? Reason. (5%)

SUGGESTED ANSWER:
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).

V
A.
Atty. DDs services were engaged by Mr. BB 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.
BBs express consent.
Is Atty. DDs motion legally tenable? Reason briefly. (5%)

SUGGESTED ANSWER:
No. Atty. DDs 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 counsels representation solely for that reason.
A lawyer shall not decline to represent a person solely on account of the latters
race, sex, creed or status of life or because of his own opinion regarding the guilt of said
person (Canon 14, Rule 14.01, Code of Professional Responsibility).
B.
Assume that your friend and colleague, Judge Peter X. Mahinay, a Regional
Trial Court judge stationed at KL City, would seek your advice regarding his intention to
ask the permission of the Supreme Court to act as counsel for and thus represent his wife

in the trial of a civil case for damages pending before the Regional Trial Court of Aparri,
Cagayan.
What would be your advice to him? Discuss briefly. (5%)

SUGGESTED ANSWER:
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. A Judge 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).

VI
A.
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 Adorables
complaint formally, Pugote moved for its dismissal on the ground that it is already moot
and academic.
Should Miss Adorables complaint be dismissed or not? Explain briefly. (5%)

SUGGESTED ANSWER:
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.
B.
Alleging that Atty. Malibu seduced her when she was only sixteen (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.

SUGGESTED ANSWER:
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. Malibus contention tenable or not? Reason briefly. (5%)

SUGGESTED ANSWER:
Atty. Malibus 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 (CaZo v. Degamo, 20 SCRA 1162
[1967]).

VII
A.
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%)

SUGGESTED ANSWER:
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. Vina, 107 SCRA 607 [1981]). To avoid the unnecessary ruin of a
lawyers name, disbarment proceedings are directed to be confidential until their final
determination (Sec. 18, Rule 139-B, Rules of Court).
B.
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 executoiy. 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%)

SUGGESTED ANSWER:
Atty. Jarazos 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. Pelayo, 335 SCRA
281 [2000]). 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.

VIII
A.
Judge Aficionado was among the several thousands of spectators watching
a basketball game at the Rizal Memorial Coliseum who saw the stabbing of referee
Maykiling 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%)

SUGGESTED ANSWER:
No, he should not preside over the case. Rule 3.12 (a) of the 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.
B.
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.
Are the contentions of Atty. Walasunto meritorious or not? Reason. (5%)

SUGGESTED ANSWER:
No. His contentions are not meritorious. In the first place, a ground for disbarment
is conviction of a crime involving moral turpitude (Sec. 27, Rule 138, Rules of Court), and
the violation of B.P. 22 is considered to be a crime involving moral turpitude (People v.
Tuanda, 181 SCRA 692 [1990]). In the second place, Rule 7.03 of the Code of Professional
Responsibility provides that a lawyer shall not engage in conduct that adversely reflects
on his fitness to practice law, nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession. Additionally, Rule 1.01 of the
same Code provides that a lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct."

IX
A.
Prepare a draft of a criminal information charging a person with a crime of
homicide, complete with caption and title and required certification re preliminary
investigation. Do not use real names but supply all facts needed. (5%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANDALUYONG
PEOPLE OF THE PHILIPPINES
- versus -

CRIM. CASE NO.

INV. SLIP NO.
for
-

JUDE ESPINA
HOMICIDE
(address)
Accused.
x------------------------------------------------------------------------------x
INFORMATION
THE UNDERSIGNED Assistant City Prosecutor accuses JUDE ESPINA of the crime
of HOMICIDE, committed as follows:
That on or about the 4th day of April 2004, in the City of Mandaluyong,
Philippines, a place within the jurisdiction of this Honorable Court, the above-named
accused, armed with abladed weapon, with intent to kill, did then and there willfully,
unlawfully and feloniously attack, assault and stab one JOSEPH TOLEDO y PABLICO,
thereby inflicting upon him a fatal wound which directly caused his death.
CONTRARY TO LAW.
City of Mandaluyong, 26 September 2004.
Asst. City Prosecutor
IBP No. 7654321 dated May 28, 2004
I HEREBY CERTIFY that I have conducted a preliminary investigation of the case;
that the accused was informed of the complaint and of the evidence submitted against
him; that he was given an opportunity to submit controverting evidence; that based on the
evidence on record, there is reasonable ground to believe that the crime has been
committed; and that the accused is probably guilty thereof.
Asst. City Prosecutor
Witnesses:

Maria Olivia P. Toledo (address)

and others
BAIL RECOMMENDED: P40.000.00
B.
Prepare an acknowledgment of a deed of sale of a registered parcel of
land, consisting of four (4) pages inclusive of the page where the acknowledgment
appears. Supply fictitious names of the parties, the notary public and details of the parties'
community tax certificates. (5%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
ACKNOWLEDGMENT
IN THE CITY OF MANILA, Philippines, this 26th day of September, 2004, personally
appeared before me Mr. Juan dela Cruz, with Community Tax Certificate No. 123456
issued at Manila on January 31, 2004, and Miss Evangeline Adan, with Community Tax
Certificate NO. 78910 issued at Baguio City on February 5, 2004, both of whom are known
to me and to me known to be the same persons who executed the foregoing instrument,
and they acknowledged to me that the same is their free and voluntary act and deed.
I further certify that the foregoing instrument is a deed of absolute sale of a parcel
of registered land located in the District of Singalong, Manila, and consists of four (4)
pages, including this page on which this Acknowledgment is written, and signed on each
and every page by the said parties and their instrumental witnesses.
IN WITNESS WHEREOF, I have hereunto signed and affixed my notarial seal at the
date and on the place first above mentioned.
JORGE BATUNGBACAL
Notary Public
Until December 31, 2004
Doc. No. ______
Page No. ______
Book No. ______
Series of 2004

X
A.
Prepare a draft of the verification and non-forum shopping certification
that should be appended to a complaint. Omit the signature, place, date and the jurat.
(5%)

SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, Pedro Reyes, of legal age and a resident of Manila, Philippines, after having been
duly sworn, hereby depose and state:
That I am the plaintiff in the above-entitled case; that I have caused the foregoing
Complaint to be prepared; that I have read the same, and the allegations therein
contained are true of my own personal knowledge or based on authentic documents.
That I further certify that I have not heretofore commenced any action or filed any
claim involving the same issues in any court, tribunal or quasi-judicial agency, and to the
best of my knowledge, no such action or claim is pending therein, and if I should
thereafter learn that the same or similar action or claim has been filed or is pending, I will
report that fact within five (5) days therefrom to this Honorable Court.
B.

Prepare a complete draft of an attestation clause of a notarial will. (5%)

SUGGESTED ANSWER:
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose residence addresses are stated
after our names, do hereby certify that the testator Alexander Magno has on this date
published to us the foregoing instrument, consisting of four (4) pages, including this page,
numbered correlatively in letters at the top of each page, as his Last Will and Testament,
and he signed the same at the end and on every page thereof, and we, in turn, at his
request, signed the same and every page thereof in the presence of the said testator and
of each other.
We further certify that this Attestation Clause is in English, a language known to us.
Signatures

Addresses

JOSE MERCADO

____________________

GREGORIO LUNA

____________________

PERFECTO SOLIS

____________________

2003 BAR EXAMINATION

I
5%
State the significance of the lawyer's oath. What, in effect, does a lawyer represent
to a client when he accepts a professional employment for his services?

SUGGESTED ANSWER:
The significance of the oath is that it not only impresses upon the attorney his
responsibilities but it also stamps him as an officer of the court with rights, powers and
duties as important as those of the judges themselves. It is a source of his obligations and
its violation is a ground for his suspension, disbarment or other disciplinary action.
(Agpalo, Legal Ethics, 1992 ed., p. 59)
By accepting a retainer, he impliedly represents that (a) he possesses the
competence required for the practice of his profession, (b) he will exert his best judgment
in the prosecution or defense of his clients cause; (c) he will exercise reasonable and
ordinary diligence; and (d) he will take such steps as will adequately guard his clients
interest. In brief, that he will abide by his lawyers oath that he will conduct himself to the
best of his knowledge and discretion with all good fidelity as well to the courts as to his
client.

II
5%
A Justice of the Supreme Court, while reading a newspaper one weekend, saw the
following advertisement:
The following session day, the Justice called the attention of his colleagues and the
Bar Confidant was directed to verify the advertisement. It turned out that the number
belongs to Attorney X, who was then directed to explain to the Court why he should not be
disciplinarily dealt with for the improper advertisement.
Attorney X, in his answer, averred that (1) the advertisement was not improper
because his name was not mentioned in the ad; and (2) he could not be subjected to
disciplinary action because there was no complaint against him.
Rule on Attorney Xs contention.

SUGGESTED ANSWER:
(1)
The advertisement is improper because it is a solicitation of legal business
and is tantamount to self-praise by claiming to be a "competent lawyer. The fact that his
name is not mentioned does not make the advertisement proper. His identity can be easily
determined by calling the telephone number stated. In the case of Ulep v. Legal Clinic,
Inc., 223 SCRA 378 (1993), the Supreme Court found a similar advertisement to be
improper in spite of the fact that the name of a lawyer was also not mentioned.
(2)
A complaint is not necessary to initiate disciplinary action against a lawyer.
In Section 1, Rule 139-B of the Rules of Court, disciplinary action against a lawyer may be
initiated by the Supreme Court motu proprio.

III
5%
State the rationale for the mandated establishment and operation of legal aid
offices in all chapters of the Integrated Bar of the Philippines.

SUGGESTED ANSWER:
The mandated establishment and operation of legal aid offices in all chapters of
the IBP is rationalized by the lawyers social and public responsibility to provide free legal
services to destitute litigants who cannot hire private lawyers to assist them.
Free legal aid is not a matter of charity but a matter of public responsibility. It is a
means for the correction of social imbalance that may and often do lead to injustice, for
which reason, it is a public responsibility of the Bar. The spirit of public service should,
therefore, underlie all legal aid offices (See: Art. 1, Sec. 1, Guidelines Governing the
Establishment of an Operation of Legal Aid Offices in IBP Chapters)

IV
5%
Y hired Attorney X to represent him in a collection case he filed against Z. The
parties later on agreed to settle the case and Z turned over to Attorney X the amount of
P25,000.00 as partial settlement of his obligation. Attorney X kept the money. Y. upon
learning of Attorney Xs action, filed a disbarment case against the latter before the
Supreme Court, which in turn, referred the case to the Integrated Bar of the Philippines for
investigation, report and recommendation.
The IBP Commissioner tasked to investigate the case reviewed all the pleadings
submitted by Y and Attorney X and their respective witnesses, and promptly made a report
recommending that Attorney X be suspended for six months. The IBP Board of Governors

adopted the recommendation of the Investigating Commissioner. Attorney X assailed his

suspension on the ground of an impingement on his right to due process. Is Attorney X's
contention sustainable? Explain.

SUGGESTED ANSWER:
There is no impingement on Attorney Xs right to due process. The IBP
Commissioner tasked to investigate the case reviewed all the pleadings of the parties and
their respective witnesses. This implies that Atty. A was given an opportunity to present his
side. Due process has been satisfied. This is especially true if the principle of res ipsa
loquitur is applicable. (However, it may be noted that the IBP Board of Governors is not
authorized to impose the penalty of suspension).

V
5%
State the aims and objectives sought to be accomplished by the Mandatory
Continuing Legal Education (MCLE)?

SUGGESTED ANSWER:
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."

VI
6%
The Supreme Court issued a resolution in a case pending before it, requiring the
petitioner to file, within ten (10) days from notice, a reply to the respondent's comment.
Attorney A, representing the petitioner, failed to file the reply despite the lapse of thirty
(30) days from receipt of the Courts resolution. The Supreme Court dismissed the petition
for non-compliance with its resolution. Attorney A timely moved for the reconsideration of
the dismissal of the petition, claiming that his secretary, who was quite new in the office,
failed to remind him of the deadline within which to file a reply. Resolve Attorney A's
motion.

SUGGESTED ANSWER:
Attorney As motion is not meritorious. He has violated Rule 12.03 of the Code of
Professional Responsibility which provides that a lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or briefs, let the period lapse without
submitting the same or offering an explanation for his failure to do so. His claim that it

was the fault of his secretary is not sufficient. He cannot take refuge behind the
inefficiency of his secretary because the latter is not a guardian of the lawyers
responsibilities (Nidua v. Lazaro, 174 SCRA 581 [1989]).

VII
8%
Under Canon 19 of the Code of Professional Responsibility, "a lawyer shall
represent his client with zeal within the bounds of the law." How far, in general terms, may
a lawyer go in advocating, supporting and defending the cause of his client in a criminal
case filed against the latter?

SUGGESTED ANSWER:
The right to counsel must be more than just the presence of a lawyer in the courtroom or
the mere propounding of standard questions and objections. The right to counsel means
that the accused is simply accorded legal assistance extended by a counsel who commits
himself to the cause of the defense and acts accordingly. The right assumes an active
involvement by the lawyer in the proceedings, particularly at the trial of the case, his
bearing constantly in mind the basic rights of the accused, his being well-versed on the
case, and his knowing the fundamental procedure, essential laws and existing
jurisprudence. The right of an accused to counsel finds substance in the performance by
the lawyer of his sworn duty of fidelity to his client. Tersely put, it means an efficient and
truly decisive legal assistance and not a simple prefunctory representation. "(People v.
Bemas, 306 SCRA 293 [1999], cited in People v. Sta. Teresa, 354 SCRA 697 [2001]).
However, a lawyer shall employ only honorable and honest means in the maintenance of
his clients cause. (Section 20, Rule 128).

VIII
8%
Attorney A is the legal counsel of Ang Manggagawa," a labor union whose case is
pending before the Court of Appeals. In order to press for the early resolution of their
case, the union officers decided to stage a demonstration in front of the Court of Appeals,
which Attorney A, when consulted, approved of, saying that it was their constitutional
right to peaceably assemble and petition the government for redress of their grievances
and for the speedy disposition of their cases before all judicial, quasi-judicial or
administrative bodies. Is it appropriate for Attorney A to give that advice to the union
officers? Explain.

SUGGESTED ANSWER:
The advice of Attorney A is not proper. In the case of Nestle Philippines, Inc. v.
Sanchez, 154 SCRA 542 (1987), the Supreme Court held that picketing before a court are

attempts to pressure or influence the courts of justice and constitute contempt of court.
The duty of advising the picketers and their leaders lies heavily on their lawyers.

IX
8%
You are the counsel for the estate of a deceased person. Your wife is a practicing
Certified Public Accountant. She was asked by her client to prepare and submit an
itemized claim against the estate you are representing. She asks for your advice on the
legal propriety of her clients claim. What advice would you give her? Explain.

SUGGESTED ANSWER:
I would advise her that it will be improper for her to handle her clients claim
against the estate. As a counsel for the estate, it is my duty to preserve the estate. Her
clients claim seeks to reduce the said estate. If she will handle such claim, I can be
suspected of representing conflicting interests. The interests of the estate and of its
creditors are adverse to each other (Nakpil v. Valdez, 288 SCRA 75 [1998]). Even if she is a
different person, the fact that she is my wife will still give rise to the impression that we are
acting as one.

X
5%
May a judge be held liable on the basis of res ipsa loquitur? Explain.

SUGGESTED ANSWER:
There is no question that the principle of res ipsa loquitur had been applied to
judges. Underthis principle, judges had been dismissed from the service without need of
formal investigation because based on the records, the gross misconduct or inefficiency of
the judge clearly appears (see People vs. Valenzuela, 135 SCRA 12 [1985]; Uy v. Mercado,
154 SCRA 567 [1987]) (Pineda, Legal and Judicial Ethics, 1994 ed., pp. 297-298).

XI
8%
As a defense counsel for the accused in a sensational case for abduction which the
media is covering, you are fully convinced from the judge's actuations that he is biased
against your client. You are asked by the reporters to comment on the proceedings and
the judges conduct. How should you react on the matter?

SUGGESTED ANSWER:
I will decline to give any comment. Rule 13.02 of the Code of Professional
Responsibility 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.

XII
8%
B, who was given no more than six (6) months to live by her physician, requested
her cousin Judge A to introduce her to Judge C before whose sala she has a case submitted
for resolution. B would wish to have the case decided before her expected demise. Judge
A, who personally knows Judge C, accompanied B to the latter, introduced her as his
cousin, and explained that all that B wants is for her case to be expeditiously resolved,
without, in any way, suggesting in whose favor it should be decided.
Comment on the conduct of Judge A.

SUGGESTED ANSWER:
The conduct of Judge A may be considered unethical. Rule 2.04 of the Code of
Judicial Conduct provides that a judge shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or administrative agency.
Although Judge A did not suggest to Judge C in whose favor the case should be decided,
the fact that he introduced B as his cousin is enough suggestion as to how the case should
be decided. Canon 2 of the Code of Judicial Conduct explicitly provides that "a judge
should avoid impropriety and appearance of impropriety in all activities.

ALTERNATIVE ANSWER:
The conduct of Judge A is proper because he did nothing more than introduce his
cousin to Judge C and asked her to decide the case expeditiously. He did not suggest to
Judge C how the case should be decided.

XIII
7%
Following a protracted trial, a case was submitted for decision. The Presiding Judge
then asked the counsel of each party to prepare and submit to the court their respective
memoranda in decision form, the idea being that the Judge would then choose which,
between the two, he will adopt as his own decision. Did the judge commit an infraction
warranting disciplinary action?

SUGGESTED ANSWER:
Yes, the judge committed an infraction warranting disciplinary action. In the case
of Heinz R. Heck v. Judge Anthony E. Santos, A.M. No. RTJ-01-1630, April 9, 2003, the
Supreme Court held that the respondent judges order for the counsel of one of the parties
to draft the decision and his adoption verbatim of the draft clearly violate Canon 2 of the
Code of Judicial Conduct (A Judge should avoid impropriety and the appearance of
impropriety in all activities) and Canon 3 of the same Code (A Judge should perform
official duties honestly and with impartiality and diligence adjudicative responsibilities),
in relation to Section 1, Rule 36 of the Revised Rules of Court which provides that a
judgment or final order determining the merits of the case shall be in writing, personally
and directly prepared by the judge, stating clearly the facts and the law on which it is
based. The Court added: By such order, respondent abdicated a function exclusively
granted to him by no less than the fundamental law of the land. It is axiomatic that
decision-making, among other duties, is the primordial and most important duty of a
member of the bench. He must use his own perceptiveness in understanding and analyzing
the evidence presented before him and his own discernment when determining the proper
action, resolution or decision. Delegating to a counsel of one of the parties the
preparation of a decision and parroting it verbatim reflect blatant judicial sloth.

XIV
7%
In securing a bond for a writ of preliminary injunction issued in favor of his client,
Attorney X was given P10,000.00 by the surety company as commission for the premium
on the bond. Is the acceptance of the P10,000.00 by Attorney X proper? Explain your
answer.

SUGGESTED ANSWER:
The acceptance of P10,000.00 from the insurance company is improper. Rule 20.03
of the Code of Professional Responsibility provides that a lawyer shall not, without the full
knowledge and consent of the client, accept any fee, reward, costs, commission, interest,
rebate or forwarding allowance or other compensation whatsoever related to his
professional employment from anyone other than the client.

XV
12%
(a)
Seven years ago today, the Paramount Bank, doing business in 777 Ayala
Avenue, Makati City, granted Juan Reyes, a resident of 888 Kamias, Quezon City, a
P1,000,000.00 loan, with 14% interest per annum, secured by a real estate mortgage over
a property located in Cavite City. The full amount, plus the interest due, was payable on
the fifth anniversary of the loan. The above stipulations were contained in a well-

documented and duly executed agreement. Despite demands, Juan Reyes refused to settle
the loan obligation. The bank opted for the filing of a simple complaint for a sum of
money.
(b)
Six-year old Maria informed her mother Divina that on 02 June 2003, her
fater entered her bedroom and inserted his middle finger into her vagina. Maria later
underwent a medical examination. The medical findings revealed that she had fresh slight
lacerations.
You are the prosecutor; prepare the appropriate Information for the crime
committed.
Prepare the complaint, indicating the court which has proper jurisdiction and
venue.

SUGGESTED ANSWER:
(A)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY
PARAMOUNT BANK,
Plaintiff,
-versus-

CIVIL CASE NO.

JUAN REYES,
Defendant.
x----------------------------x
COMPLAINT
that:

PLAINTIFF, by undersigned counsel, to this Honorable Court respectfully alleges

1.
Plaintiff is a banking corporation organized and existing under the laws of
he Philippines, with principal office at 777 Ayala Avenue, Makati City, while defendant is
of legal age and a resident of 888 Kamias St., Quezon City, where he may be served with
summons;
2.
On September 28, 1996, defendant borrowed from the plaintiff the
amount of P1,000,000.00, subject to interest at the rate of 14% per annum, payable on the
fifth anniversary of the loan, and secured by a real estate mortgage over a parcel of land
located in Cavite City, as evidenced by an agreement executed on the same date, a copy
of which is hereto attached as Annex A hereof;

3.
Defendant failed to pay the said loan and interests thereon on the due date
thereof, and continues to fail to pay the same until the present, despite demands of the
plaintiff;
4.
Due to defendants unjustified failure to comply with plaintiffs plainly just
and valid claim, plaintiff was compelled to initiate this action and to retain the services of
the undersigned counsel and to incur expenses in the amount of P100,000.00 as and by
way of attorneys fees.
WHEREFORE, it is respectfully prayed that, after due hearing, judgment be
rendered ordering the defendant to pay the plaintiff the amount of P1,000,000.00 with
interest thereon at the rate of 14% per annum from September 28, 1996 until fully paid,
plus the amount of P100,000.00 for and as attorneys fees.
Plaintiff prays for such other and further reliefs as may be just or equitable under the
premises.
Makati City, September 28, 2003.
(Sgd.)
Counsel for the Plaintiff
(Address)
PTR O.R. No. , Makati City, Jan. 3, 2003
IBP O.R. No. , Makati City, Jan. 20, 2003
Attorneys Roll No. , (date)
CERTIFICATION AGAINST FORUM SHOPPING
I, A.B., do hereby certify that I am the President of the Paramount Bank, plaintiff in
the above-entitled case; that I have been duly authorized by the Board of Directors of the
said bank to execute this Certification against Forum Shopping, as evidenced by the
Secretarys Certificate of Board Resolution hereto attached as Annex B hereof; that the
plaintiff has not filed any other case in any other court or administrative tribunal involving
the same cause of action; that I am not aware of any pending case involving the same
cause; and that should I hereafter acquire knowledge of such other action, I will notify this
Honorable Court thereof within five (5) days from acquiring such knowledge.
Makati City, September 28, 2003.
A.B.
SUBSCRIBED & SWORN to before me this 28th day of September, 2003 the affiant
exhibiting to me his Community Tax Certificate No. ___________ issued at on January 31,
2003.
NOTARY PUBLIC
Until December 31, 2003

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2003.
(B)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
REGIONAL TRIAL COURT
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus CRIM. CASE No.
______________________, For: Rape
Accused.
INFORMATION
The undersigned City Prosecutor hereby accuses ________________ of the crime of
Rape committed as follows:
That on or about June 2, 2003, at about ____ p.m., in ________________ and within the
jurisdiction of this Honorable Court, the said accused did then and there willfully,
unlawfully and feloniously, through force and intimidation, inserted the middle finger of
his right hand in the genital organ of Divina _____________, who is
his own daughter and
is only six (6) years of age.
CONTRARY TO LAW.
Manila, September 28, 2003.
CITY PROSECUTOR
City of Manila
CERTIFICATION
I hereby certify that a preliminary investigation was conducted in the above-entitled case,
and there is prima facie evidence that the crime of Qualified Rape has been committed
and that the accused is probably guilty thereof.
CITY PROSECUTOR
Bail Recommended: None

2002 BAR EXAMINATION

I.
A.
After reading the decision against his client Jose Kapuspalad, Atty.
Calmante was convinced that it had a reasonable basis and that he would have difficulty
obtaining a reversal. For this reason, Atty. Calmante did not appeal. When Jose learned
about the judgment against him, he blamed Atty. Calmante for not taking a timely appeal
and filed an administrative complaint for negligence against the latter. Decide the case.
(5%)
B.
What is a lawyer's duty if he finds that he cannot honestly put up a valid or
meritorious defense but his client insists that he litigate? Explain. (5%)

SUGGESTED ANSWER:
A.
I would rule in favor of Jose Kapuspalad. In Reontoy v. Ibadlit, 285 SCRA 88
(1998), the Supreme Court found a lawyer to be negligent for failing, first of ail, to notify
his client about the adverse decision, and, secondly, for failing to file an appeal in the
belief that such appeal would be useless. He thus deprived his client of his right to appeal.
If a lawyer cannot contact his client at once after receiving the adverse decision, the
prudent step for him to take is to file a notice of appeal, and withdraw it afterwards if his
client should decide against the appeal. It is the clients decision whether or not to appeal.
B.
It depends. If it is a criminal case, he may not decline to represent the
accused solely on his opinion regarding the guilt of said person (Rule 14.01, Code of
Professional Responsibility). The Supreme Court has held that a counsel de officio has the
duty to defend his client no matter how guilty he perceives him to be [People v. Nad era,
Jr., 324 SCRA 490 (2000)]. But if the case is a civil case, he should decline to accept the
same. In a civil action, the rules and ethics of the profession enjoin a lawyer from taking a
bad case. The attorneys signature in every pleading constitutes a certification that there is
good cause to support it and that it is not interposed for delay. It is the attorneys duty to
counsel or maintain such actions or proceedings only as appear to him to be just and such
defenses only as he believes to be honestly debatable under the law.

II
Raul Catapang, a law graduate and vice-president for labor relations of XYZ Labor
Union, entered his appearance as representative of a member of the union before the
Labor Arbiter in a case for illegal dismissal, unpaid wages and overtime pay. Counsel for
the Company objected to Rauls appearance and moved for his disqualification on the
ground that he is not a lawyer. If you were the Labor Arbiter, how would you resolve the
motion? Why? (5%)

SUGGESTED ANSWER:
I will deny the motion to disqualify Raul. Article 222 of the Labor Code authorizes
non-lawyers to appear before the National Labor Relations Commission or any Labor
Arbiter in representation of their organization or members thereof.

III
Determine whether the following advertisements by an attorney are ethical or
unethical. Write Ethical or "Unethical," as the case may be, opposite each letter and
explain.
A.
A Calling card, 2" x 2" in size, bearing his name in bold print, office,
residence and e-mail addresses, telephone and facsimile numbers. (2%)
B.
A business card, 3" x 4" in size, indicating the aforementioned data with his
photo. 1" x 1 in size. (2%)
C.
A pictorial press release in a broadsheet newspaper made by the attorney
showing him being congratulated by the president of a client corporation for winning a
multi-million damage suit against the company in the Supreme Court. (2%)
D.

The same press release made by his client in a tabloid. (2%)

E.
A small announcement in BALITA, a tabloid in Filipino, that the attorney is
giving free legal advice for September 2002, (2%)

SUGGESTED ANSWER:
A.
Ethical - A lawyer, in making known his legal services, shall use only true,
honest, fair, dignified and objective information or statement of facts (Canon 3, Code of
Professional Responsibility).
B.
Unethical - The size of the card and the inclusion of the lawyers photo in it
smacks of commercialism.
C.
Unethical - A lawyer should not resort to indirect advertisements such as
procuring his photograph to be published in a newspaper in connection with a case he is
handling. He should not pay or give something of value to representatives of the mass
media in anticipation of, or return for, publicity to attract legal business (Rule 3.04, Code
of Professional Responsibility)
D.
Ethical -The lawyer can no longer be held responsible for the action of his
client. However, it would be unethical if he knew about his clients intention to publish and
he did not stop it.

E.
Unethical - The announcement in a newspaper that he will give free legal
advise to the indigent, is a form of self- praise. pn re: Tagorda, 53 Phil 27 (1929)].
F.
Ethical - The rule prescribing advertising or solicitation of business is
aimed at commercialization of the profession and has to do with the effort to obtain
remunerative business. It was never aimed at a situation in which a group of lawyers
announce that they are willing to devote some of their time and energy to the interests of
indigent citizens. (Agpalo, Legal Ethics, 5th ed., p. 81).

IV
(3%)

A.

State the rule on whether a client is bound by the mistake of his counsel.

B.
On account of his mistake, Is counsel liable to his client for damages?
Explain. (2%)

SUGGESTED ANSWER:
A.
A client is bound by the mistakes of his lawyer [Cabales v. fiery, 94 SCRA
374 (1979); Valerio v. Secretary of Agriculture, 7 SCRA 719(1963)]. However, when the
lawyer has practically sold his client down the river or when the negligence is so gross that
the client was deprived of due process, the client is not bound by the negligence of the
lawyer [PHHC v. Tiongco, 12 SCRA 471(1964); San Miguel Corp. v. Laguesma, 236 SCRA
595(1994)].
B.
A lawyer shall not neglect a legal matter entrusted to him and his
negligence in connection therewith shall make him liable (Rule 18.03, Code of
Professional Responsibility). A client who suffers prejudice by reason of his counsels
Inexcusable negligence in the discharge of his duty may file an action for damages against
him. However, there must be a showing that had the lawyer exercised due diligence, the
client under the facts and the law would have succeeded in recovering from the adverse
party or in resisting the claim of the latter.

V
On June 28, 2001, RJ filed with the Supreme Court a petition for prohibition, with a
prayer for a temporary restraining order/ preliminary injunction, to forestall his removal as
chairman and general manager of a government agency. He believed he had a fixed term
until January 31, 2004, but there were indications that the new President would replace
him. As he had apprehended, an Administrative Order was issued by the Chief Executive
on July 2, 2001 recalling RJs appointment. Shortly thereafter, PT was appointed to the
position in question.

On July 3, 2001, RJ filed a motion to withdraw his petition. On the same day,
without waiting for the resolution of his motion, he filed another petition with the
Regional Trial Court seeking to prevent his removal as chairman and general manager of
the government agency. On July 8, 2001, his motion to withdraw the first petition was
granted by the Supreme Court without prejudice to his liability, if any, for contempt for
engaging in forum-shopping.
A.

Is he guilty of forum-shopping? Explain. (2% )

B.

Give three (3) instances of forum-shopping. (3%)

SUGGESTED ANSWER:
A.
RJ Is guilty of forum-shopping. Forum-shopping is the practice of filing
multiple actions from the same cause (Rule 12.02, Code of Professional Responsibility). It is
clear that RJs petition for prohibition was still pending in the Supreme Court when he filed
the same petition in the Regional Trial Court. He should have waited first for the
resolution of his motion to withdraw before filing the second petition because he cannot
assume that the motion will be granted.
B.

Instances of forum-shopping:

(1) When, as a result of an adverse opinion in one forum, a party seeks a

favorable opinion (other than by appeal or certiorari) in another.
(2) When he institutes two or more actions or proceedings grounded on
the same cause, on the gamble that one or the other court would make a favorable
disposition [Benguet Electric Cooperative, Inc. v. NEA, 193 SCRA 250(1991)].
(3) Filing a second suit in a court without jurisdiction [New Pangasinan
Review, Inc. v. NLRC, 196 SCRA 55(1991)].
(4) Filing an action in court while the same cause of action is still pending
in an administrative proceeding [Earth Minerals Exploration, Inc. v. Macaraig, 194 SCRA
1(1991)].
(5) When counsel omits to disclose the pendency of an appeal, in filing a
certiorari case [Collado vs. Hernando, 161 SCRA 639 (1988)].

[NOTE: The committee suggests full credit for any 3 of the above enumerated instances of
forum-shopping]

VI
Atty. CJ handled the case for plaintiff GE against defendant XY in an action for
damages. Judgment was rendered for plaintiff GE. When a writ of execution was issued,

the sheriff levied on a 400- square meter lot of defendant XY. Pursuant to their contingent
fee contract, plaintiff GE executed a deed of assignment in favor of Atty. CJ of one-half of
the lot. Atty. CJ accepted the assignment.
A.

Is the contract for contingent fee valid? Explain. (3%)

B. Did Atty. CJ commit any violation of the Code of Professional Responsibility?

Explain. (2%)

SUGGESTED ANSWER:
A. Contract for contingent fee is a contract wherein the attorneys fee, usually a
percentage of what may be recovered In the action, Is made to depend upon the success
of the lawyer in enforcing or defending his clients right. It is a valid contract, unlike a
champertous contract which is invalid because the lawyer undertakes to shoulder the
expenses of the litigation. However, the amount of the fee agreed upon may be reduced
by the courts if it should be unconscionable. Fifty percent (50%) of what the client might
recover may or may not be unconscionable depending on the factors to be considered in
determining the reasonableness of an attorney's fee.
B. In the case of Daroy v. Abecia, 298 SCRA 239 (1998), the Supreme Court held
that the assignment to a lawyer of a portion of property levied on by the sheriff for the
satisfaction of a judgment in favor of his client, does not violate Article 1491 of the New
Civil Code, if the property was not involved in the litigation handled by the lawyer. In this
case, since the action handled by Atty. CJ was for damages, the property was apparently
not involved in the litigation. Hence, his acquisition of 50% of the same is ethical.

VII
A.
May a lawyer decline a request for free legal aid to an indigent accused
made by a chapter of the Integrated Bar of the Philippines (IBP)? Explain. (3%)
B.
Will your answer be different if the legal aid is requested in a civil case?
(2%)

SUGGESTED ANSWER:
A.
Rule 14.02 of the Code of Professional Responsibility provides that a
lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel
de officio or as amicus curiae or a request from the Integrated Bar of the Philippines or any
of its chapter for rendition of free legal aid. He may, therefore, decline such appointment
for serious and sufficient cause. For example, he may decline such appointment if it will
involve a conflict of interest with another client.
B.
My answer will not be exactly the same, because In a civil case, the Sawyer
can also decline if he believes the action or defense to be unmeritorious. He is ethically

bound to maintain only actions and proceedings which appear to him to be just and only
such defenses which he believes to be honestly debatable under the law.

VIII
Six months ago, Atty. Z was consulted by A about a four-door apartment in Manila
left by her deceased parents. A complained that her two siblings, B and C, who were
occupying two units of the apartment, were collecting the rentals from the other two units
and refusing to give her any part thereof. Atty. Z advised A to first seek the intervention of
her relatives and told her that, if this failed, he would take legal action as A asked him to
do. Today, September 22, 2002, B asks Atty. Z to defend him in a suit brought by A against
him (B) and C through another counsel.
A.
B.
Why? (3%)

Should Atty. Z accept the case? Why? (2%)

Should Atty. Z tell B that A consulted him earlier about the same case?

SUGGESTED ANSWER:
A.
Atty. Z should not accept the case. When A consulted him about her
complaint against B and C, a lawyer-client relationship was created between A and Atty. Z.
Atty. Z cannot subsequently represent B against A in a matter he was consulted about. This
constitutes conflict of interest It does not matter if Atty. Z is not handling the case for A.
B.
Rule 21.07 of the Code of Professional Responsibility provides that a
lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest In this case, he has to reveal to B that he had been consulted
by A on the case that B if offering to retain his services, in order to avoid a possible conflict
of interest.

IX
A proceeding for disbarment is considered sui generis, txplain briefly, giving at
least five (5) reasons in support of your answer. (5%)

SUGGESTED ANSWER:
A disbarment proceeding is sui generis or a class by itself, because of the following
reasons:
(1) It Is neither a civil nor a criminal proceeding;
(2) Double jeopardy cannot be availed of as a defense;
(3) It can be initiated motu proprio by the Supreme Court or by the IBP;

(4) It can proceed regardless of Interest or lack of Interest of the complainant;

(5) It is Imprescriptible;
(6) It Is confidential;
(7) It Is in itself due process.

[NOTE: The committee suggests full credit for any 5 of the above-mentioned reasons.]

X
Atty. N had an extramarital affair with O, a married woman, as a result of which
they begot a child, P. Atty. N admitted paternity of the child P and undertook to support
him. On the basis of this admission, is Atty. N subject to disciplinary action by the Supreme
Court? Why? (5%)

SUGGESTED ANSWER:
In the case of Tucay v. Tucay, 318 SCRA 229 (1999), the Supreme Court held that
the finding that a lawyer had been carrying on an illicit affair with a married woman is a
grossly immoral conduct and only indicative of an extremely low regard for the
fundamental ethics of his profession.

XI
Atty. LA is a member of the Philippine Bar and the California Bar in the United
States. For willful disobedience of a lawful order of a Superior Court in Los Angeles, Atty.
LA was suspended from the practice of law in California for one (1) year.
May his suspension abroad be considered a ground for disciplinary action against
Atty. LA in the Philippines? Why? (5%)

SUGGESTED ANSWER:
The suspension of Atty. LA from the practice of law abroad may be considered as a
ground for disciplinary action here if such suspension was based on one of the grounds for
disbarment in the Philippines or shows a loss of his good moral character, a qualification
he has to maintain in order to remain a member of the Philippine Bar.

XII
Atty. BB borrowed P30,000.00 from EG to be paid in six months. Despite reminders
from EG, Atty. BB failed to pay the loan on its due date. Instead of suing in court, EG
lodged with an IBP chapter a complaint for failure to pay a just debt against Atty. BB. The
chapter secretary endorsed the matter to the Commission on Bar Discipline (CBD). A
Commissioner of the CBD issued an order directing Atty. BB to answer the complaint
against him but the latter ignored the order. Another order was issued for the parties to
appear before the Commissioner at a certain date and time but only EG showed up. A third
order submitting the case for resolution was likewise ignored by Atty. BB.
A.
May disciplinary action be taken against Atty. BB for his failure to pay the
loan? Why? (3%)
B.
Was Atty. BB justified in ignoring the orders of the Commission on the
ground that the Commission had no power to discipline him for acts done in his private
capacity? Why? (2% )

SUGGESTED ANSWER:
A.
In the case of Toledo v. Abalos, 315.SCRA 419 (1999), the Supreme Court
held that a lawyer may not be disciplined for failure to pay her loan obligation. The
remedy is to file an action for collection against her in the regular courts. However,
unwarranted obstinacy in evading the payment of a -debt has been considered as gross
misconduct [Constantino v. Saludares, 228 SCRA 233 (1993)].
B.
Atty. BB is not justified in ignoring the orders of the Commission on Bar
Discipline. In doing so, he violated his oath of office for disobeying orders of a duly
constituted authority.
XIII
In an extrajudicial settlement of the estate of the late Juan Mayaman, the heirs
requested Judge Maawain, a family friend, to go over the document prepared by a new
lawyer before they signed it. Judge Maawain agreed and even acted as an instrumental
witness.
Did Judge Maawain engage in the unauthorized practice of law? Why? (5%)

SUGGESTED ANSWER:
Section 35, Rule 138 of the Revised Rules of Court and Rule 5.07 of the Code of
Judicial Conduct prohibit a judge from engaging in the private practice o? law as a
member of the bar or giving professional advice to cBiente. In the case of De Castro v.
Capulong, 118 SCRA 5 (1882), the Supreme Court held that a judge who merely acted as a
witness to a document and who explained to the party waiving his rights of redemption
over mortgaged properties and the consequences thereof, does not engage himself in the
practice of law. This appears to be more applicable to the case of Judge Maawain. He did
not give professional advice in anticipation of litigation. He was just asked to review was a

deed of extrajudicial settlement of estate. He signed merely as an instrumental witness

and not as a legal counsel. Besides, his act was an isolated act.

XIV
The family of Judge Matrabaho owns a small department store. With his
knowledge, an employee of the store posted on the bulletin board of his court an ad for
job openings informing the public that applications must be filed in the office of the
judge. For this purpose, the applicants would also be interviewed therein. Is the judge
liable for misconduct? Explain. (5%)

SUGGESTED ANSWER:
The judge is liable for misconduct. In the case of Dionisio v. Escano, 302 SCRA 411
(1999), the Supreme Court held that the acts of posting advertisements for restaurant
personnel on the court bulletin board, using his court address to receive applications, and
of screening applicants in his court, constitute involvement in private business and
improper use of court facilities for the promotion of family business in violation of the
Code of Judicial Conduct. The restriction enshrined in Rules 5.02 and 5.03 of the Code of
Judicial Conduct on judges with regard to their own business interests is based on the
possible interference which may be created by these business involvements in the exercise
of their judicial duties which tend to corrode the respect and dignity of the courts as the
bastion of justice. Judges must not allow themselves to be distracted from the
performance of their judicial tasks by other lawful enterprises.

XV
While Miss Malumanay, a witness for the plaintiff, was under cross-examination,
Judge Mausisa asked questions alternately with the counsel for the defendant. After four
questions by the judge, the plaintiffs counsel moved that the judge refrain from asking
further questions which tended to favor the defense and leave the examination of the
witness to the defendant's counsel, who was a new lawyer. The judge explained that he
was entitled to ask searching questions.
A.
Is the motion tenable? Why? (2%)
B.
Can the judge justify his intervention? How? (3%)

SUGGESTED ANSWER:
A.
It depends. Rule 3.06 of the Code of Judicial Conduct provides that while a
judge may, to promote justice, prevent waste of time or clear up some obscurity, property
intervene in the presentation of evidence during the trial, it should always be borne in
mind that undue interference may prevent the proper presentation of the cause or the
ascertainment of truth. Thus, if in asking four questions alternately with counsel for the
defendant, Judge Mausisa was only trying to clear up some obscurity, he cannot be
accused of undue interference. But if his searching questions were such as to give the

impression that he was already acting as a counsel for the defendant, his conduct is
improper.
B.
The judge can justify his intervention on any of the grounds mentioned by
the rule, namely, to promote justice, avoid waste of time, or clear up some obscurity.

XVI
Prepare a motion for extension of time to file an answer to a complaint in the
Regional Trial Court. Branch 3, Manila. For purposes of this pleading, your name is Pedro
Cruz. Supply the other hypothetical data. Omit proof of service and notice of hearing.
(5%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 3, Manila
JUAN DE LA CRUZ,
Plaintiff,
-versus-

CIVIL CASE NO. 12345

PEDRO DE GUZMAN,
Defendant
x--------------------------- x
MOTION FOR EXTENSION OF TIME TO FILE ANSWER
PLAINTIFF, through undersigned counsel, to this Honorable Court respectfully
alleges:
1.
That defendant was served with summons and a copy of the complaint on
September 19, 2002 and, consequently, has only up to October 4, 2002 within which to file
an Answer;
2.
That the undersigned counsel has started to prepare the Answer but
unfortunately, due to pressure of work in attending to other equally important cases; he
will need additional time, of 15 days from October 4, 2002, to complete and file the same;
3.
That, his motion is being Filed solely for the foregoing reason and not for
purposes of delay.
WHEREFORE, it is respectfully prayed that defendant be given an extension of
time, of 15 days from October 4, 2002 within which to file an Answer to the Complaint

Manila, September 21, 2002.

PEDRO CRUZ
(Counsel for the Defendant)
(address)
(PTR & IBP OR Nos.)

XVII
Jose Malinlang is accused of estafa upon complaint of Joyce Mapagbigay. The case
is pending before the Regional Trial Court, Branch 1, Manila, where it is docketed as
Criminal Case No. 5430. Joyce engages your services as a private prosecutor. File your
formal entry of appearance. For purposes of this pleading, your name is Pedro Cruz. (5%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus No. 5430

CRIM. CASE
For: ESTAFA

JOSE MALINLANG,
Accused,
x-----------------------------------x
ENTRY OF APPEARANCE
The Clerk of Court
Regional Trial Court
Branch 1, Manila
Sir:
Kindly enter the appearance of the undersigned as Private Prosecutor in the
above-entitled case, under the supervision and control of the Public Prosecutor, with the
conformity of the complainant Joyce Mapagbigay, as shown below.
Henceforth, kindly furnish the undersigned with copies of all pleadings and orders
at his address given below.
Manila, September 22, 2002.

PEDRO CRUZ
Counsel for the Complainant
(address)
(PTR & IBP OR Nos.)
CONFORME:
JOYCE MAPAGBIGAY
Complainant
Copies Furnished by personal delivery:
The City Prosecutor Manila
Atty.
Counsel for the Accused
(address)

XVIII
Prepare a motion to dismiss an action for a sum of money in the RTC, Branch 1,
Quezon City on the ground of improper venue. Supply the other hypothetical facts and use
Pedro Cruz as your name. (5%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, QUEZON CITY
JUAN DE LA CRUZ,
Plaintiff,
-versusPEDRO PATERNO,
Defendant.
x-----------------------------x

CIVIL CASE No._________

For: Sum of Money

MOTION TO DISMISS
Defendant, through undersigned counsel, to this Honorable Court respectfully
moves for the dismissal of the complaint in the above-entitled case on the ground that
VENUE HAS BEEN IMPROPERLY LAID.
ARGUMENT
The Rules of Court provide that a complaint in a civil case cognizable by the
Regional Trial Court should be filed in the RTC of the place where the plaintiff or the
defendant resides, at the option of the plaintiff. The complaint in the aboveentitled case
expressly alleges that the plaintiff is a resident of Makati City while the defendant is a
resident of Caloocan City. Hence, venue has been improperly laid.

SUGGESTED ANSWER:
WHEREFORE, it is respectfully prayed that the complaint be dismissed.
Quezon City, September 23, 2002.
PEDRO CRUZ
Counsel for the Defendant
(address)
(PTR & IBP OR Nos.)
Atty. _______________________ (By personal service)
Counsel for the Plaintiff
(address)
Sir:
Please be notified that on October 11, 2002, at 8:30 a.m. or as soon thereafter as
the matter may be heard, the undersigned counsel will submit the foregoing motion to the
Honorable Court for its consideration and resolution.
PEDRO CRUZ
End

2001 BAR EXAMINATION

I
What steps should first be done by the attorney before he can endorse or object to
his client is intention to plead guilty? State your reasons. (5%)

SUGGESTED ANSWER:
It is the duty of defense counsel to (a) study thoroughly the records and
surrounding circumstances of the case and determine if there are valid defenses he can
use, (b) confer with the accused and obtain from him his account of what had happened,
(c) advise him of his constitutional and statutory rights, including advisability of entering
into plea bargaining, (d) thoroughly explain to him the impact of a guilty plea and the
inevitable conviction that will follow, and (e) if the client still insists on pleading guilty, see
to it that the prescribed procedure necessary to the administration of justice is strictly
followed and disclosed in the court records.

II
Atty. A's former Client B is deceased. A new Client C proposes to engage the legal
services of Atty. A against the heirs of deceased Client B. Has Atty. A absolute right to
accept the engagement since Client B is no longer his client? Decide. (5%)

SUGGESTED ANSWER:
The right of Atty. A to accept the engagement of client C is qualified by his
obligations to avoid conflict of interest arising from his relation to the deceased client B.
Atty. A has received information and confidences from client B which Atty. A is prohibited
from utilizing against the heirs of the deceased client. The obligation to hold in
confidence communications and information received from Client B is not terminated by
the death of the client.

III
Atty. A objects to the collaboration of Atty. B as proposed by Client C In a pending
case. How would A, B and C handle the situation? (5%)

SUGGESTED ANSWER:
1.

A, B, and C may handle the situation in the following manner

(a)
"A" can offer to withdraw his services. Rule 22.01(c) of the Code of
Professional Responsibility allows a lawyer to withdraw his services if his inability to work

with co-counsel will not promote the best interest of his client. Here, by objecting to the
collaboration of Atty. B, Atty. A foresees his inability to work with the former. A may with
withdraw to give his client a free hand in protecting his interest.
(b)
"B" should refuse to accept the case, otherwise, he may be
encroaching on the professional employment of another lawyer. A lawyer should decline
association as colleague if it is objectionable to the original counsel, but if the lawyer first
retained is relieved, another may come into the case. (Canon 7, Canons of Professional
Ethics).
(c)
"C" the client must choose only one of the lawyers. If he wants Atty.
B as his lawyer, he should formally terminate the services of "A" so "B" can formally enter
his appearance in the case.

ALTERNATIVE ANSWER:
Atty. B is ethically prohibited from acting as co- counsel of Atty. A if Atty. A objects.
However, final decision rests on the client. If the client insists on the collaboration of Atty.
B, even if Atty. A's recourse is to withdraw from the case. (Canon S of Code of Professional
Responsibility)

IV
Atty. A. is an incorrigible gambler. He borrowed money left and right and was
eventually sued for payment of debts. In the Supreme Court, he moved to dismiss the
disbarment case against him reasoning that his unpaid debts and collection suits against
him are not legally valid grounds to discipline him. Decide. (5%)

SUGGESTED ANSWER:
Atty. A cannot be disciplined for non-payment of debt.
In Toledo v. Abalos (315 SCRA 419), the Court held that respondent lawyer therein
may not be disciplined for failure to pay her indebtedness. The remedy is to file a
collection case before a regular court of justice against the lawyer. The Supreme Court
followed the general rule that a lawyer may not be suspended or disbarred, and the court
may not ordinarily assume jurisdiction to discipline him, for incurring indebtedness in his
private capacity.

ALTERNATIVE ANSWER:
The Code of Professional Responsibility (CPR) mandates that a lawyer shall not
engage in an unlawful, dishonest, immoral or deceitful conduct. Nonpayment of his debt
constitutes dishonest and deceitful conduct on the part of the lawyer and therefore is a
valid ground to discipline him. However, Supreme Court has ruled that a disbarment case
is sot a proper forum for the collection of debts.

V
A client refuses to pay Atty. A his contracted attorney's fees on the ground that
counsel did not wish to intervene in the process of effecting a fair settlement of the case.
Decide. (5%)

SUGGESTED ANSWER:
Rule 1.04 of the Code of Professional Responsibility provides that "a lawyer shall
encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement. If a lawyer should refuse to intervene in a settlement proceeding, his
entitlement to his attorneys fees maybe affected. However, if he has already rendered
some valuable services to the client, he must be paid Ms attorney's fees on the basis of
quantum meruit, even if it is assumed that he is dismissed.

VI
Facing disciplinary charges for advertising as a lawyer, Atty. A argues that although
the calling card of his businessman friend indicates his law office and his legal specialty,
the law office is located in his friendis store. Decide. (5%)

SUGGESTED ANSWER:
This appears to be a circumvention of the prohibition on improper advertising.
There is no valid reason why the lawyer's businessman friend should be handling out
calling cards which contains the lawyer's law office and legal specialty, even if his office is
located in his friend's store. What makes it more objectionable is the statement of his
supposed legal, specialty.

VII
The shingle of a lone law practitioner Bartolome D. Carton, who inherited the law
office from his deceased father. Antonio C. Carton, carries these names: "Carton & Carton
Law Office." Is that permissible or objectionable? Explain. (5%)

SUGGESTED ANSWER:
Rule 3.02 of the Code of Professional Responsibility provides as follows:
"In the choice of a Arm name, no false, misleading or assumed name
shall be used, the continued use of the name of deceased partner is
permissible provided that the firm indicates in all its communications
that the partner is deceased."

Since Atty. Antonio C. Carton is a solo practitioner, it is improper for him to use the
firm name "Carton & Carton Law Office", which indicates that he is and/or was in
partnership with his father. Even if he indicates in all his communications that his father is
already dead, the use of the firm name is still misleading because his father was never his
partner before.

VIII
May a lawyer give proper advice and assistance to a client of another lawyer?
Support your answer. (5%)

SUGGESTED ANSWER:
There is nothing wrong with giving proper advice and assistance to a client of
another lawyer, as long as no conflict of interest is involved and he does not encroach,
directly or indirectly, on the employment of the said lawyer. However, Rule 8.02 of the
Code of Professional Responsibility allows a lawyer, "without fear or favor, to give proper
advice and assistance to those seeking relief against unfaithful and neglectful counsel."

IX
What should a lawyer, generally obligated by law to accept a retainer, do if he
knows or should know that he is not qualified to render the legal service required? Explain.
(5%)

SUGGESTED ANSWER:
"A lawyer shall not undertake a legal service which he knows or should know that
he is not qualified to render. However, he may render such service if, with the consent of
his client, he can obtain as collaborating counsel a lawyer who is competent on the
matter." (Rule 18.0, Code of Professional Conduct)

X
Atty. A discovered his client's fraud against the adverse party. What steps should
he take so that his client will secure only that which is legally and justly due him? (5%)

SUGGESTED ANSWER:
"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 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". (Rule 19.02, Code of Professional Conduct)

XI
Atty. A is offered professional engagement to appear before Judge B who is A's
relative, compadre and former office colleague. Is A ethically compelled to refuse the
engagement? Why? (5%)

SUGGESTED ANSWER:
"A lawyer shall rely upon the merits of the cause and refrain from any impropriety
which tends to influence, or gives the appearance of influencing the court" (Canon 13,
Code of Professional Conduct). There is no ethical constraint against a lawyer appearing
before a judge who is a relative, compadre or former office colleague as long as the lawyer
avoids giving the impression that he can influence the judge. On the other hand, the judge
is required by the Code of Judicial Conduct not to take part in any proceeding where his
impartiality may be reasonably questioned (Rule 3.12 Code of Judicial Conduct). Among
the grounds for mandatory disqualification of the judge is if any of the lawyers is a relative
by consanguinity or affinity within the fourth degree.

XII
Atty. A's client filed a case against Atty. Bs client for pirating the book of A's client.
A's client is a friend of B. A fIled a disbarment complaint against B for convincing Ais client
to settle the case. Decide. (5%)

SUGGESTED ANSWER:
The complaint shall prosper. A lawyer should not in any way communicate upon
the 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. (Canon 9, Canons of Professional Ethics, Likong v. Atty. Lim, A.C. No. 3149, August
17, 1994)

XIII
When may refusal of a counsel to act as counsel de oficio be justified on grounds
aside from reasons of health, extensive travel abroad, or similar reasons of urgency?
Support your answer. (5%)

SUGGESTED ANSWER:
Other justified grounds for refusal to act as counsel de oficio are:
(a)
SCRA 222);

[supra);

Too many de oficio cases assigned to the lawyer (People v. Daeng, 49

(b)

Conflict of interest (Rule 14.03, CPR);

(c)

Lawyer is not in a position to carry out the work effectively or competently

(d)
Lawyer is prohibited from practicing law by reason of his public office
which prohibits appearances in court; and
(e)
Lawyer is preoccupied with too many cases which will spell prejudice to
the new clients.

XIV
May an attorney refuse to handle a losing case? Support your answer. (5%)

SUGGESTED ANSWER:
In civil cases, a lawyer may refuse to handle a losing case. In all probability, a losing
case is one which has no basis or cause of action. Under the Attorney's Oath, the Code of
Professional Responsibility and Rules of Court, it is the duty of a lawyer not to promote or
sue any groundless, false or unlawful suit, or give aid or consent to the same.
The same is true in criminal cases, except when a lawyer is called upon to defend a
person guilty of an offense. In such a case, a lawyer may not refuse to defend a person
merely because he perceives him to be guilty. That matter is within the province of the
Judge. The client is presumed innocent until otherwise proven. It is the counsel's duty to
see to it that his client is accorded due process, that his rights are respected, and that only
the proper penalties are meted out should he be convicted.

XV
As a rule, why should an attorney not testily as a witness for his client? (5%)

SUGGESTED ANSWER:
"The underlying reason for the impropriety of a lawyer acting in such dual capacity
lies in the difference between the function of a witness and that of an advocate. The
function of a witness is to tell the facts as he recalls them in answer to questions. The

function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of

an advocate and the fairness and impartiality of a disinterested witness. The lawyer will
find it hard to disassociate his relation to his client as an attorney and his relation to the
party as a witness." (Agpalo, p. 129)

XVI
From the viewpoint of legal ethics, why should it be mandatory that the public
prosecutor be present at the trial of a criminal case despite the presence of a private
prosecutor? (5%)

SUGGESTED ANSWER:
The public prosecutor must be present at the trial of the criminal case despite the
presence of a private prosecutor in order to see to it that the interest of the State is wellguarded and protected, should the private prosecutor be found lacking in competence in
prosecuting the case. Moreover, the primary duty of a public prosecutor is not to convict
but to see to it that justice is done (Rule 6.01, Code of Professional Responsibility). A
private prosecutor would be naturally interested- only in the conviction of the accused.

XVII
Draft a motion to disqualify the Judge from hearing your client's case (5%) (Do
NOT use or sign your real name.)

SUGGESTED ANSWER:
Republic of the Philippines
REGIONAL TRIAL COURT
________________ Judicial Region
Branch , Manila
A.
Plaintiff
- versus B.
Defendant
x---------------------x

Civil

CAM NO.

00-00000

MOTION FOR DISQUALIFICATION/INHIBITION

Defendant, by undersigned counsel, respectfully moves and prays that the
Honorable Presiding Judge of this Court be disqualified and/or inhibit himself from
presiding over this case, on the ground that Atty. T, counsel of the Plaintiff herein, is his
first cousin, a relative within the fourth degree of consanguinity, which is a mandatory
ground for disqualification/inhibition pursuant to Sec. 1, Rule 137 of the Rules of Court.
WHEREFORE, it is respectfully prayed that the Honorable Presiding Judge
disqualify or inhibit himself from presiding over these proceedings.
Place, Date.
Atty. Z
Counsel for Defendant
(EBP/PTR OR Nos. Place A Date of Issue)
(Notice of Hearing)
Atty. A
Counsel for the Plaintiff (Address)
Sir:
Please take note that on _____________ , 2001 at a.m.. The undersigned counsel will
submit the foregoing motion to the Honorable Court for its consideration and resolution.
Atty. Z

XVIII
Draft a motion for support pendente lite to be filed In your client's pending case In
the Regional Trial Court of Pasay City. (5%) (Do NOT use or sign your real name).

SUGGESTED ANSWER:
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch , Pasay City
WIFE,
Plaintiff,
versus

Civil Case No. 00-00000

HUSBAND,
Defendant,
x----------------------x
MOTION FOR SUPPORT PENDENTE LITE
Plaintiff through counsel, respectfully states that:
1.
On 01 June 2001, plaintiff filed the complaint in the above entitled case
praying, among others, that defendant be ordered to give plaintiff a monthly support.
2.
As alleged in the complaint, defendant and plaintiff are husband and wife,
having been legally married on 08 December 1996 at the Our Lady of Sorrows Church,
Pasay City. A certified true copy of their marriage contract is hereto attached as Annex
"A", hereof.
3.
As also alleged in the complaint, defendant has abandoned the conjugal
home on 24 January 1998 without justifiable cause or reason, and since then defendant
has failed to give any support to the plaintiff.
4.
The plaintiff is without any source of income as shown by her affidavit
attached hereto as Annex "B" hereof, whereas the defendant is a medical doctor actively
engaged in the practice of his profession with an average monthly income of P80,000.00
more or less.
5.
Considering the present prices of essential commodities, plaintiff needs a
monthly allowance and support of P15.000.00 for her sustenance during the pendency of
the instant case.
WHEREFORE, it is most respectfully prayed of this Honorable Court that the
defendant be ordered to give the plaintiff a monthly support pendente lite of P15,000.00
to be paid at plaintiff is residence on or before the 10th day of each month.
Place, Date.
Atty. Z
Counsel for Plaintiff
(EBP/PTR OR Nos. Place & Date of Issue)
(Notice of Hearing)
Atty. A
Counsel for the Plaintiff
(Address)
Sir:
Please take note that on ______________ , 2001at a.m., the undersigned counsel will
submit the foregoing motion to the Honorable Court for its consideration and resolution.

Atty. Z

XIX
Draft an affidavit of a party to bar proceedings in the Office of the Lupong
Tagapamayapa of your barangay. (5%) (Do NOT use or sign your real name).

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY)
S.S.
AFFIDAVIT
I, _________________________, Filipino, of legal age, with address at __________________
after having been duly sworn in accordance with law, depose and state that:
1.

I am a resident of No. 30 ________________ Street, Barangay X, Quezon City;

2.
I am a respondent in the complaint for collection filed by Mr. Z before the
Lupong Tagapamayapa of Barangay X, Quezon City;
3.

Mr. Z is a resident of No. 23 ______________ Street, Barangay Q, Makati City;

4.

Mr. Z and I do not live within the same barangay or City;

5.
I have not agreed to the submission of the complaint of Mr. Z against me
for amicable settlement with the Lupong Tagapamayapa of Barangay X, Quezon City;
6.
This affidavit is being executed for the purpose of barring the proceedings
in the Lupong Tagapamayapa of the complaint filed against me by Mr. Z.
Further, affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of
____________ ,2001
in
Quezon City, Philippines.
Affiant
(Jurat)

XX
Draft a short complaint with prayer for preliminary Injunction to be filed in the
Regional Trial Court of Manila. (5%) (Do NOT use or sign your real name).

SUGGESTED ANSWER:
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
City of Manila Branch
A,
Plaintiff,
versus

Civil

Case

No.

B,
Defendant,
x---------------------x
COMPLAINT
Plaintiff, through counsel, alleges that:
1.
Plaintiff is of legal age and a resident of No. __________, C.M. Recto
Avenue, Sta. Cruz, Manila while defendant is of legal age and a resident of No. __________,
Taft Avenue, Malate, Manila, where he may be served with summons.
2.
Plaintiff is the owner of a parcel of land situated at Rizal Avenue, Manila,
covered by Transfer Certificate of Title No. 28699 of the Register of Deeds of Manila, and
more particularly described in said certificate of title as follows:
(Technical Description)
3.
Defendant is the owner of a lot, also at Rizal Avenue, Manila, adjoining the
aforementioned lot of Plaintiff;
4.
On or about 02 January 2001, defendant started construction of a building
in his lot, but the said construction has encroached into the lot of the plaintiff by about
three (3) meters along the whole extension of the boundary line between the two lots;
5.
The said construction by the defendant continues at present despite
protests and objections of the plaintiff, and defendant has refused to vacate the plaintiffs
property, notwithstanding the demands of the plaintiff;
6.
The continuance of the construction during the pendency of the present
litigation will not only cause injustice and great and irreparable injury to the plaintiff, but
and will also complicate aggravate, and multiply the issues of this case;

7.
Plaintiff is willing to post a bond in such amount as may be fixed by this
Honorable Court, for the issuance of a writ of preliminary injunction enjoining the
defendant and all persons under him from continuing with his construction inside the
plaintiff is lot during the pendency of this case;
8.
Since plaintiff and defendant are residents of different barangays, prior
resort to the Lupong Tagapamavapa is not required.
PRAYER
WHEREFORE, plaintiff prays that judgment be rendered:
1.
Upon the filing of a bond by the plaintiff in such amount as this Honorable
Court may fix, a writ of preliminary injunction be issued enjoining the defendant and all
persons under him from doing further work in the construction of his building within the
plaintiff is property during the pendency of this case.
2.
After trial, making the injunction above- mentioned permanent, and
ordering the defendant to remove all the posts and other construction within the plaintiff
is lot, and upon the defendant failure to do so, authorizing plaintiff to order said removal
at defendants expense.
3.
Ordering defendant to pay the costs of the suit.
Plaintiff prays for other measures of relief that are just and equitable under the premises.
Place, Date.
Atty. X
Counsel for the Plaintiff
(Address)
(IBP/PTR OR Nos. Place & Date of Issue)
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
A, after being duly sworn, hereby depose and states:
1.
That he is the plaintiff in the above-entitled case; that he has caused the
foregoing complaint to be prepared; that he has read the same and all the allegations of
fact therein contained are true and correct of his personal knowledge.
2.
That he hereby certifies that (a) he has not heretofore commenced any
action or filed any claim involving the same issues in any court, tribunal or quasi-judicial
agency, (b) to the best of his knowledge, no such other action or claim is pending therein,
and (c) if he should thereafter learn that the same or similar action or claim has been filed
or is pending, he shall report that fact within five (5) days therefrom to this Honorable
Court.
Place, Date.
(Sgd.) A
(Jurat)

2000 BAR EXAMINATION

I
X was indicted for murder. As he had no counsel on arraignment, the.trial court
appointed Atty. A as his counsel de oficio. When Atty. A asked X what was his stand. X said
he was guilty. X thereupon pleaded guilty. Trial was thereafter conducted. When the turn
of the defense to present evidence came. Atty. A manifested that he was not presenting
any and that he was submitting the case for decision, praying that Xs plea be considered
mitigating. Did Atty. As assistance or conduct approximate the competence and diligence
which the Code of Professional Responsibility expected of him? Explain. (5%)

SUGGESTED ANSWER:
No. It is the duty of defense counsel when his client desires to enter a plea of guilty
to fully acquaint himself with the facts and surrounding circumstances of the case, advise
his client of his constitutional rights and the full import of a plea of guilty, see to it that the
prescribed procedure is observed, present evidence, including possible mitigating
circumstances, so that the precise degree of his client's culpability is established and the
appropriate penalty is imposed, and thus leave no room for doubt that there was a mistake
or misunderstanding as to the nature of the charges to which his client has pleaded guilty.
Atty. A has fallen short of this required conduct.

II
D was charged with estafa by C before the barangay for misappropriating the
proceeds of sale of jewelry on commission. In settlement of the case, D turned over to the
barangay captain, a lawyer, the amount of P2,000.00 with the request that the barangay
captain turn over the money to C. Several months passed without C being advised of the
status of her complaint. C contacted D who informed her that she (D) had long before
turned over the amount of P2.000.00 to the barangay captain who undertook to give the
money to her (C). C thus filed a case against the barangay captain who at once remitted
the amount of P2,000.00 to C. May the barangay captain be faulted administratively?
Explain. (5%)

SUGGESTED ANSWER:
Yes. The Code of Professional Responsibility applies to lawyers who are in the
government service. As a general rule, a lawyer who holds a government office may not be
disciplined as a member of the bar for misconduct in the discharge of his office as a
government official. However, if that misconduct as a government official is of such
character as to affect his qualification as a lawyer or to show moral delinquency, then he
may be disciplined as a member of the bar on such ground [Dinsay v. Ctoco, 264 SCRA 703
[1996]). In the case of Penticostes u. Ibanez, 304 SCRA 281 [1999J, a barangay captain who
failed to remit for several months the amount given to him for payment of an obligation,
was found to have violated the Code of Professional Conduct.

III
A town mayor was indicted for homicide through reckless imprudence arising from
a vehicular accident. May his father-in-law who is a lawyer and a Sangguniang
Panlalawigan member represent him in court? Reason. (5%)

SUGGESTED ANSWER:
Yes, his father-in-law may represent him in court. Under the Local Government
Code (R.A. 7160), members of the Sanggunlan may engage in the practice of law, except
in the following: (1) they shall not 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; (2) they shall not appear as counsel in any criminal case
wherein an officer or employee of the national or local government is accused of an
offense committed in relation to his office; (3) they shall not collect any fee for their
appearance in administrative proceedings including the local government unit of which he
is an official; and (4) they shall not use property and personnel of the Government except
when the Sanggunian member concerned is defending the interests of the government. In
this case, the town mayor was indicted for homicide through reckless imprudence, an
offense that is not related to his office.

IV
Atty. A was found guilty of indirect contempt by the Regional Trial Court and
summarily suspended indefinitely, from the practice of law. Atty. A appealed to the
Supreme Court. Is his appeal meritorious? Reasons. (5%)

SUGGESTED ANSWER:
His appeal is meritorious. A person cannot be summarily penalized for indirect
contempt. In indirect contempt, the law requires that there be a charge in writing duly
filed in court and an opportunity to the person charged to be heard by himself or counsel.

V
Atty. X filed a notice of withdrawal of appearance as counsel for the accused Y
after the prosecution rested its case. The reason for the withdrawal of Atty. X was the
failure of accused Y to affix his conformity to the demand of Atty. X for increase in
attorneys fees. Is the ground for withdrawal justified? Explain. (5%)

SUGGESTED ANSWER:
The ground for the withdrawal is not justified. Rule 22.01 (e) of the Code of Professional
responsibility provides that a lawyer may withdraw his services when the client deliberately

fails to pay the fees for his services or fails to comply with the retainer agreement. In this
case, the client has not failed to pay the lawyers fees or to comply with the retainer
agreement. He has only refused to agree with the lawyers demand for an increase in his

VI
C filed a verified administrative complaint against Atty. D. In the course of the
investigation, C presented an affidavit of desistance which she identified on the witness
stand. What course of action should the investigator take? Explain. (5%)

SUGGESTED ANSWER:
The investigator should continue with the investigation. A disbarment proceeding
is sui generis, neither a civil nor criminal action. As such, a desistance by the complainant is
unimportant. The case may proceed regardless of interest or lack of interest of the
complainant (Rayos-Ombac v. Rayos, 285 SCRA 93 [1998I). If the evidence on record
warrants, the respondent may be suspended or disbarred regardless of the desistance of
the complainant. Of course, if the complainant refuses to testify and the charges cannot
then be substantiated, the court will have no alternative but to dismiss the case.

VII
Atty. E entered his appearance as counsel for defendant F in a case pending before
the Regional Trial Court. F later complained that he did not authorize Atty. E to appear for
him. F moved that the court suspend Atty. E from the practice of law. May the judge grant
the motion? Explain. (5%)

SUGGESTED ANSWER:
The judge may grant the motion. Unauthorized appearance is a ground for
suspension or disbarment (Sec. 27, Rule 138, Rules of Court).

ALTERNATIVE ANSWER:
It depends. A lawyers appearance for a party without the authority of the latter
must be willful, corrupt or contumacious in order that he may be held administratively
liable therefor. But if he has acted in good faith, the complaint for suspension will fail
(Garrido u. Qutsumbing, 28 SCRA 614 [19691 ).
VIII
(a)
What is a champertous contract? Is it valid?(2%)
(b)
Distinguish between a champertous contract and a contingent fee
contract. (3%)

SUGGESTED ANSWER:
(a)
A champertous contract is one where the lawyer agrees to conduct the
litigation on his own account and to pay the expenses thereof, and to receive as his fee a
portion of the proceeds of the Judgment. It is contrary to public policy and invalid because
it violates the fiduciary relationship between the lawyer and his client (Bautista u.
Gonzales, 182 SCRA 151 [1990]). In effect, he is investing in the case with the expectation
of making a profit. The practice of law is a profession and not a business venture.
(b)
A contingent fee contract is an agreement in which the lawyers fee, usually
a fixed percentage of what may be recovered in the action, is made to depend upon the
success in the effort to enforce or defend the clients right. It is a valid agreement. It is
different from a champertous contract in that the lawyer does not undertake to shoulder
the expenses of the litigation.

IX
(a)

Define an attorney's retaining lien. (2%)

(b)
G was appointed administratrix of the estate of her deceased father. She
engaged the services of Atty. H as her personal counsel to represent her in court
proceedings. G later discharged the services of Atty. H. Invoking his retaining lien, Atty. K
retained documents bearing on the estate of the decedent which were entrusted to him by
G. Is Atty. Hs retention of the documents justified? Explain. (3%)

SUGGESTED ANSWER:
(a)
A retaining lien is the right of an attorney to retain the funds, documents,
and papers of his client which have lawfully come into his possession until his lawful fees
and disbursements have been paid, and to apply such funds to the satisfaction thereof
(Sec. 37, Rule 138, Rules of Court).
(b)
The retention of the documents in this case is not justified. Atty. H was the
personal counsel of G. He was not the counsel of the estate. The documents bearing on
the estate of the decedent entrusted by G to him are not properties of G but of the estate
which is not his client. Atty. H has no right to exercise a retaining lien over such
documents.

X
(a)

State the exception to the rule that the negligence of counsel binds the
client. (2%)
(b)
Section 20. Rule 138 of the Rules of Court enumerates nine (9) duties of
attorneys. Give at least three (3) of them. (3%)

SUGGESTED ANSWER:
(a)
It is well-settled that the negligence of counsel binds the client. The
exception is where the reckless or gross negligence of counsel deprives the client of due
process of law or where its application results in the outright deprivation of ones property
through a technicality (Salonga v. Court of Appeals, 269 SCRA 534 11997J), or when the
application of the general rule will result in serious injustice (San Miguel Corporation v.
Laguesma, 236 SCRA 595 [1994]).
(b)

Under Section 20, Rule 138. it is the duty of an attorney:

1. to maintain allegiance to the Republic of the Philippines;
2. To maintain the respect due to the courts of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defenses only as he believes to be honestly debatable
under the law;
4. To employ, for the purpose of maintaining the causes confided to him. such
means only as are consistent with truth and honor, and never seek to
mislead the judge or any Judicial officer by an artifice or false statement of
fact or law;
5. To maintain inviolate the confidence, and at every peril to himself, to
preserve the secret of his client, and to accept no compensation in
connection with his clients business except from him with his knowledge
and approval;
6. To abstain from all offensive personality, and to advance no fact prejudicial
to the honor or reputation of a party or witness, unless required by the
justice of the cause with which he is charged;
7. Not to encourage either the commencement or the continuance of an
action or .proceeding or delay any mans cause, from any corrupt motive or
interest;
8. Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair and honorable
means, Tegardless 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.

(N.B. any three will be sufficient)

XI
Atty. J requested Judge K to be a principal sponsor at the wedding of his son. Atty. J
met Judge K a month before during the IBP-sponsored reception to welcome Judge K into
the community, and having learned that Judge K takes his breakfast at a coffee shop near
his (Judge K's) boarding house, Atty. J made it a point to be at the coffee shop at about the
time that Judge K takes his breakfast. Comment on Atty. J's acts. Do they violate the Code
of Professional Responsibility? (5%)

SUGGESTED ANSWER:
Yes, his actions violate the Code of Professional Responsibility. Canon 13 of the
said Code 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
court. Rule 13.01 of the same Code provides that a lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for, cultivating familiarity with Judges.
Atty. J obviously sought opportunity for cultivating familiarity with Judge K by being at the
coffee shop where the latter takes his breakfast, and is extending extraordinary attention
to the judge by inviting him to be a principal sponsor at the wedding of his son.

XII
M was criminally charged with violation of a special law. He tried to engage the
service of Atty. N. Atty. N believed, however, that M is guilty on account of which he
declined. Would it be ethical for Atty. N to decline? Explain. (5%)

SUGGESTED ANSWER:
It would not be ethical for Atty. N to decline. Rule 14.01 of the Code of
Professional Responsibility provides that a lawyer shall not decline to represent a person
solely on account of the latters race, sex, creed or status of life, or because of his own
opinion regarding the guilt of said person. It is for the judge, not the lawyer, to decide the
guilt of the accused, who is presumed to be innocent until his guilt is proved beyond
reasonable doubt by procedure recognized by law.

XIII
In a pending labor case, Atty. A filed a Position Paper on behalf of his client, citing
a Supreme Court case and quoting a portion of the decision therein which he stated
reflected the ratio decidendi. However, what he quoted was not actually the Supreme
Court ruling but the argument of one of the parties to the case. May Atty. A be faulted
administratively? Explain. (5%)

SUGGESTED ANSWER:
Yes, he may be faulted administratively. A lawyer owes candor, fairness and good
faith to the court. Rule 10.02 of the Code of Professional Conduct expressly provides that a
lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of a decision or authority, or knowingly
cite as law a provision already rendered inoperative by repeal or amendment, or assert as a
fact that which has not been proved. To cite an argument of one of the parties as a ratio
decidendi of a Supreme Court decision shows, at least, lack of diligence on the part of
Atty. A (Commission on Elections v. Noynay, 292 SCRA 254[ 19981).

XIV
Before he joined the bench, Judge J was a vice-mayor. Judge J resumed writing a
weekly column in a local newspaper. In his column, Judge J wrote:
It was wondering if the present vice-mayor can shed off his
crocodile hide so that he can feel the clamor of the public for
the resignation of hoodlum public officers of which he is one".
When charged administratively. Judge J invoked freedom of expression. Is his
defense tenable? Explain. (5%)

SUGGESTED ANSWER:
The Judges reliance on freedom of expression is untenable. The judge's vicious
writings compromise his duties as judge in the impartial administration ofjustice. His
writings lack judicial decorum which requires the use of temperate language at all times.
The judge should not instigate litigation (Galang u. Santos, 307 SCRA 583 [19991, Royeca
v. Animas. 71 SCRA 1 [19761).

XV
In a contentious transaction of sale and purchase involving real property between
X (seller) and Y (purchaser), whose interests were diametrically opposed to each other.
Atty. Z with the knowledge and consent of X and Y, acted as the attorney for both parties.
Did Atty. Z commit malpractice? Explain. (5%)

SUGGESTED ANSWER:
Rule 15.03 of the Code of Professional Responsibility provides that a lawyer shall
not represent conflicting interest except by written consent of all concerned given after a
full disclosure of the facts. In this case, although Atty. Z acted as lawyer for both X and Y

with the knowledge and consent of both, such consent was not made in writing. Atty. Z
may be held liable for malpractice.

ALTERNATIVE ANSWER:
In the case of In re: De la Rosa, 27 Phil. 258 [1914], the Supreme Court held that
where a lawyer acted as attorney for both a vendor and a purchaser, whose interests were
diametrically opposed to each other, but with the knowledge and consent of both parties,
this did not constitute malpractice under the law. Neither party was deceived by the
lawyer, and neither one suffered involuntary damages by reason of his action.
Nevertheless, the lawyers conduct constituted a practice severely to be condemned.

XVI
Before his appointment to the judiciary, Judge K was the administrator of the
estate of his second cousin. After joining the judiciary, could Judge K continue to be the
administrator? Explain. (5%)

SUGGESTED ANSWER:
No. Judge K may no longer continue to be the administrator of the estate of his
second cousin. Rule 5.06 of the Code of Judicial Conduct provides that: (a) judge should
not serve as 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 judicial duties. Member of
immediate family shall be limited to the spouse and relatives within the second degree of
consanguinity." A second cousin is not a relative within the second degree of
consanguinity.

XVII
Your client comes to you complaining that a lessee of his building has refused to
vacate the leased premises despite the expiration of the contract of lease whfch was not
renewed, and despite demands to vacate. He asks you to initiate legal action. Prepare the
necessary complaint. (Do not use your own name in the pleading.) (10%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MANILA

A,
Plaintiff.
versus --

CIVIL CASE NO.

For: Unlawful Detainer

B.
Defendant,
x----------------------x
COMPLAINT
A, through the undersigned counsel, to this Honorable Court respectfully alleges:
1. Plaintiff is of legal age, single, and a resident of ________________, Manila,
while defendant is of legal age, single and a resident of ________________,
Manila, where he may be served with summons;
2. Plaintiff is the owner of a commercial building in _______________________,
Manila, which the defendant has leased for a period of five (5J years
commencing from August 1. 1995 at a monthly rental of P 1,000,000.00,
pursuant to a written contract of lease, a photocopy of which is hereto
attached as Annex A" and made an integral part hereof;
3. The said contract of lease expired on July 31. 2000, and has not been
renewed.
4. Despite the expiration of the said contract of lease, B. has unlawfully failed
and refused to vacate the same despite demands of the plaintiff. A
photocopy of the last demand, dated August 5, 2000 and received by the
defendant on the same date, or more than five (5) days prior to the filing of
his complaint is hereto attached as Annex B" and made integral part
hereof.
5. Due to the defendant's adamant refusal to vacate the leased premises,
plaintiff has been compelled to initiate the suit and to incur expenses in the
amount of P50.000.00 aside from costs of suit.
6. Prior to the filing of this complaint, this dispute was brought to the lupon
tagamayapa of Barangay ____________________ , where the leased premises is
located, but no settlement was arrived at, as evidenced by the Certification
to File Action issued by the Barangay Chairman, a copy of which is hereto
attached as Annex C" hereof.
WHEREFORE, it is respectfully prayed that, after due hearing. Judgment be
rendered ordering the defendant, and all persons acting under him. to vacate the
aforementioned leased premises and surrender possession thereof to the plaintiff, and to
pay the plaintiff the amount of P50.000.00 as and for attorneys fees, plus costs of suit.

Plaintiff prays for such other and further reliefs as may be just and equitable under
the premises.
Manila, September 23, 2000.
ATTY. X
Counsel for the Plaintiff
Address
IBP OR No. ____________, Manila
January 5, 2000
PTR No. _______________,Manila
January 5, 2000
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES
________________________________
CITY OF MANILA

)
)S.S.
)

A, after having been duly sworn in accordance with law, hereby deposes and states:
1. That he is plaintiff in the above-entitled case and has caused the foregoing
complaint to be prepared;
2. That he hereby certifies that he has not heretofore commenced any action
or filed any claim involving the same issues before any other court, tribunal
or quasi-judicial agency, that to the best of his knowledge, there is no such
pending action or claim, and that if he should hereafter learn that the same
or similar action or claim has been filed or is pending, he shall report such
fact within five (5) days therefrom to this Honorable Court.
Manila, September 23, 2000.
A
Affiant
SUBSCRIBED AND SWORN to before me this ______ day of ______________, 2000,
the affiant exhibiting to me her/his Community Tax Certificate No. issued at
________________ on__________________________.
Doc. No.
Page No.
Book No.
Series of 2000.

XVIII
Prepare an Information for rape of a 17-year old girl committed by the commonlaw spouse of her mother warranting the imposition of the death penalty. (Do not use your
own name in the Information.) (10%)

SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIM. CASE NO.
For: Rape

- versus X
x---------------------------------x

INFORMATION
The undersigned Public Prosecutor for the City of Manila, hereby accuses X of the
crime of Rape committed as follows:
That, on or about 10:00 p.m., of July 4, 2000, at his house in _____________________
Tondo, Manila, and within the jurisdiction of this Honorable Court, the said accused, by
means of repeated blows to the stomach which rendered the victim unconscious, did then
and there, willfully, unlawfully and feloniously, have carnal knowledge ofY, who was then a
minor child, 14 years of age, and daughter of Z, the common law spouse of the accused.
Contrary to law.
Manila, September 23, 2000.
A
Public Prosecutor
CERTIFICATION
This is to certify that a preliminary investigation has been conducted in the aboveentitled case, and that on the basis of the evidence presented there is reasonable ground
to believe that the offense charged has been committed and the accused is probably guilty
thereof.
Manila, September 23, 2000.

SUBSCRIBED AND SWORN to before me this _________ day of ______________, 2000,

affiant exhibiting to me her Community Tax Certificate No. ___________issued
________________________ at on ___________________________, 2000.
Doc. No.
Page No.
Book No.
Series of 2000.

1999 BAR EXAMINATION

I
A engaged the services of Atty. B to defend him in a case for collect ion of sum of
money that was brought against him in the Municipal Trial Court by D. Despite notice of
the scheduled dat es-of hearing, Atty. B failed to appear much less to inform A about it.
The case was decided against A. It was only when the adverse judgment was being
executed against him that A learned he had lost the case. When he went to see counsel,
Atty. B put up the excuse that he was busy attending to his cases which were more
important than A's.
Before whom can A seek redress against Atty. B who apparently was negligent in
attending his case? (5%)

SUGGESTED ANSWER:
He may file a verified complaint against Atty. B, asking that he be administratively
disciplined, with either the Supreme Court, the Board of Governors of the Integrated Bar
of the Philippines (IBP), or the EBP Chapter to which Atty. B belongs. (Sec. 1, Rule 139-B).

ADDITIONAL ANSWER:
He may also file a complaint against Atty. B before a Regional Trial Court or Municipal
Trial Court, depending on the amount involved, for damages he may have sustained due to
the latter's negligence.

II
Atty. X was de parte counsel for Y at the trial of a case for estafa against Y in the
Regional Trial Court where, after trial, he was found guilty and sentenced to suffer the
penalty that was imposed. The convicted accused appealed to the Court of Appeals. The
Clerk of the Court of Appeals then sent notice to Atty. X that the record of the case had
already been forwarded to and received in the appellate court for counsel to prepare and
file the brief for the appellant. Because of Atty. X's failure to file the brief for the accused,

the latter's appeal was dismissed. Complaint for disbarment was filed by Y against Atty. X
for neglect of duty. Atty. X's defense is that he ceased to be counsel for Y after the adverse
decision was rendered by the trial court.
Is Atty. Xs contention tenable? (5%)

SUGGESTED ANSWER:
Atty. X's contention is not correct. An attorney who appears de parte in a case
before a lower court shall be presumed to continue representing his client on appeal
unless he files a formal petition withdrawing his appearance in the appellate court. (Sec.
22, Rule 138, Rules of Court).

III
A, a mere high school graduate, with the aid of a friend who is a college
undergraduate, filed a complaint for recovery of a sum of money in the amount of Four
Thousand (P4.000.00) Pesos in the Metropolitan Trial Court of his town. The Clerk of Court
told A that his complaint might be dismissed for insufficiency as to form because neither
he nor his friend who is assisting him is a lawyer.
Is the Clerk of Court correct? (5%)

SUGGESTED ANSWER:
The Clerk of Court is not correct. In the Justice of the Peace courts (now known as
Municipal Trial Court or Municipal Circuit Trial Courts or Metropolitan Trial Court), 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. (Sec. 34, Rule 138, Rules of Court).

IV
A, a law graduate but has not passed the bar examination, filed a Complaint in the
Regional Trial Court for recovery of Fifty Thousand (P50.000.00) Pesos owed him by B. At
the hearing of the case after Answer was filed. A appeared by himself alone and without
counsel to prosecute his case. The defendant pointed out to the Court that A was not a
member of the bar and suggested that for his own protection. A should engage the
services of a counsel duly accredited as a member of the Bar. The Judge intimated his
willingness to reset the hearing of the case to another day to enable plaintiff to engage
the services of counsel. Plaintiff replied he could manage to prosecute his own case, it
being but a simple case for collection of sum of money. If you were the Judge, will you
allow A to continue prosecuting his case by himself alone? (5%)

SUGGESTED ANSWER:
Section 34, Rule 138 of the Rules of Court provides that in a Regional Trial 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. Hence, if I were the
Judge, I will allow A to continue prosecuting his case alone, but I will warn him about the
risks involved in his doing so because of his lack of knowledge of law and legal procedure.

ALTERNATIVE ANSWERS:
1.
If I were the Judge, I will not allow A to prosecute his case. Although he is a
law graduate, it does not appear that he is familiar with procedural law, having filed the
case with the RTC which has no jurisdiction over the case in view of the amount involved.
The judge is duty bound to see to it that there is no miscarriage of justice.
2.
No. I shall dismiss the case for lack of jurisdiction because the amount of
P50.000.00 is within the jurisdictional ambit of the Municipal Trial Court. Consequently, A
could not continue prosecuting the case.

V
X, a member of the Bar, was charged with and found guilty of estafa for which he
was sentenced to suffer imprisonment and to indemnify the offended party for the amount
involved. Not having taken an appeal from the judgment of conviction, upon finality
thereof he was taken into custody to serve sentence. A month after he was incarcerated he
was granted pardon by the Chief Executive on condition that he would not commit
another offense during the unserved portion of his prison sentence. Soon after X's release
from custody after being pardoned, the offended party in the criminal case filed a
Complaint for Disbarment against X in the Supreme Court. X set up the defense that
having been pardoned by the Chief Executive for which reason he was released from
imprisonment, he may not be disbarred from the practice of law anymore.
Is X's contention tenable? (5%)

SUGGESTED ANSWER:
Xs contention is not tenable.
He was granted only a conditional pardon. Such conditional pardon merely
relieved him of the penal con-sequences of his act but did not operate as a bar to his
disbarment. Such pardon does not reach the offense itself. Hence, it does not constitute a
bar to his disbarment. (In re Gutierrez, 5 SCRA 861, In re Avancea, 20 SCRA 1012).
Furthermore, the acts of X leading to his conviction maybe used to show that he does not
possess the necessary requirement of good moral character for continued membership in
the Bar (In re Vailoces, 117 SCRA 1).

VI
Atty. As services as a lawyer were engaged by B to recover from C certain
construction- materials and equipment. Because B did not have the means of defray the
expenses of litigation he proposed to Atty. A that he (A) shoulders all expenses of the
litigation and he (B) would pay him (A) a portion of the construction materials and
equipment to be recovered as compensation for his professional services.
May Atty. A correctly agree to such arrangement? (5%)

SUGGESTED ANSWER:
No, Atty. A may not correctly agree to such an agreement.
Such an arrangement would constitute a champertous contract which is
considered void due to public policy, because it would make him acquire a stake in the
outcome of the litigation which might lead him to place his own interest above that of the
client (Bautista v. Gonzales, 182 SCRA 151). A champertous contract is one in which a
lawyer undertakes to prosecute a case, and bear all the expenses in connection therewith
without right of reimbursement, and will be paid his fees by way of a portion of the
property or amount that may be recovered, contingent on the success of his efforts. It is
different from a contingent fee contract, which is valid, in which the lawyer will also be
paid depending on the success of his efforts, but he does not undertake to shoulder all the
expenses in the case. He may advance such expenses but always subject to reimbursement
by his client.

VII
A, who is charged in Court with estafa for misappropriating funds entrusted to him
by B, consulted Atty. C about the case with the intention of engaging his services as
defense counsel. Because A could not afford to pay the fee that Atty. C was charging him,
A engaged the services of another counsel, Atty. D. At the trial of the case for estafa
against A the prosecutor announced in open court that his next witness was Atty. C. whom
he was calling to the witness stand. Counsel for A. Atty. D, vigorously opposed the
prosecutor's move on the ground that Atty. C may not be called as a witness for the
prosecution as he might disclose a would be client's confidence and secret. Asked by the
presiding Judge what would be the nature of Atty. C's testimony, the prosecutor answered
it has something to do with how A obtained from B the funds that the latter received from
the former but failed to account for. Thereupon, Atty. A vigorously opposed the
prosecutor's motion.
If you were the Judge, how would you rule on the matter? (5%)

SUGGESTED ANSWER:
If I were the judge, I will not allow Atty. C to take the witness stand. When A
consulted Atty. C about his case, a lawyer-client relationship was established between
them. It does not matter that A did not eventually engage his services because of his fees;
such relationship has already been created (Hilado v. David, 84 Phil 569). A lawyer shall be
bound by the rule on privileged communication in respect to matters disclosed to him by a
prospective client (Rule 15.02 Code of Professional Responsibility). The rule on privileged
communication provides that an attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him (Sec. 21 [b], Rule 130, Rules
of Court). The prosecutor has announced that Atty. C will be asked about how A obtained
from B the funds that he failed to account for. Atty. C's knowledge of such matter could
have come only from A.
COMMENT:

There seems to be a typographical error in the last sentence which

refers to Atty. A. Perhaps, the examiner intended to refer to simply
A or to his counsel Atty. D. It is recommended that the use by the
candidate of Atty. A should not detract from the appreciation of his
answer.

VIII
Atty. Juan Cruz, a practicing lawyer, was employed by Pilipinas Bank as its bank
attorney and notary public in three of its branches in Manila. While thus employed, Maria
del Rio, who was unaware of Atty. Cruz employment in the bank, engaged Atty. Cruzs
services as a lawyer in a case that was filed by Pilipinas Bank for collection of sum of money
involving one of its branches in Quezon City which Atty. Cruz accepted. The Quezon City
Regional Trial Court, after due proceeding and hearing, rendered judgment in favor of
Pilipinas Bank and against Maria del Rio who wanted to appeal the adverse judgment. But
upon advice of Atty. Cruz, the adverse judgment was not appealed. Thereafter, Maria del
Rio learned Atty. Cruz was employed by Pilipinas Bank as one of Its attorneys. She now
consults with you and asks you to take legal steps against Atty. Cruz for his apparent
misconduct.
What do you think of what Atty. Cruz did? Is there a valid and legal basis to
discipline him? (10%)

SUGGESTED ANSWER:
In agreeing to represent Maria del Rio in a case which Pilipinas Bank filed against
her, Atty. Cruz violated the rule against representing conflicting interests. Rule 15.03 of
the Code of Professional Responsibility provides that a lawyer shall not represent
conflicting interests except by written consent of all concerned after a full disclosure of
the facts. It is improper for a lawyer to appear as counsel for a person whose interest
conflicts with that of his present or former client, even in an unrelated case (Philippine

National Bank v. Cedo, 243 SCRA 1). It does not matter that the Pilipinas Bank branch in
Quezon City is not one of the branches he services in Manila. The bank itself is his client.
This constitutes malpractice for which Atty. Cruz can be disciplined.

IX
Justice X of the Court of Appeals, by mutual agreement of two opposing parties,
asked him to be their sole arbitrator in the controversy that arose out of the construction
of a building in Makati City. The fee that would be paid to him was substantial, it
amounting to double his annual salary and allowances. When Justice X declined the offer,
the parties suggested that he go on leave of absence for three months to enable him to do
the job.
May Justice X accept the work offered to him while on leave of absence? (5%)

SUGGESTED ANSWER:
Judge X may not accept the work offered him even while on leave of absence from
the Court of Appeals.
A judge should regulate extra-judicial activities to minimize the risk of conflict
with judicial duties (Canon 5, Code of Judicial Ethics). He shall not accept appointment or
designation to any agency performing quasi- judicial or administrative functions (Rule
5.09, Code of Judicial Conduct). This is specially so since decisions of voluntary arbitrators
are appealable to the Court of Appeals. He must minimize the risk of conflict with judicial
duties (Canons 4 and 5, Code of Professional Responsibility). Moreover, he will create the
Impression that he is merely interested in the fee involved, which will detract from the
integrity of the judiciary.

X
In the contract of lease of the house and lot located in Quezon City that A entered
into with B. it is stipulated that if at the end of the lease term, the lessee B should refuse
and fail to vacate the premises and the parties fail to agree on the extension of the lease,
period, the case for eviction should be filed with the Regional Trial Court in Manila.
Because of the refusal of B to vacate the premises at the end of the lease period, A, the
lessor, filed the Complaint for Detainer with the Regional Trial Court of Manila, as agreed
upon. The judge of the Regional Trial Court of to whom the case was assigned motu
proprio dismissed the case for lack of jurisdiction. Plaintiff A and defendant B presented
separate motions urging the Court to reconsider its order and assume jurisdiction of their
case by mutual agreement. The Judge denied their motion insisting that his Court has no
jurisdiction over the case for detainer.

May the Regional Trial Court upon the facts of the case assume jurisdiction of it as
suggested by the parties? (5%)

SUGGESTED ANSWER:
No, the Regional Trial Court may not assume jurisdiction.
Jurisdiction over the subject matter is conferred by law and not by agreement of
the parties. While Rule 3.13 of the Code of Judicial Conduct provides for a Remittal of
Disqualification of judges, it refers to remittal of the disqualification of a judge to take
part in a case because of grounds that may put his impartiality in doubt. It is not applicable
to lack of jurisdiction.
Note: This appears to be more of a Remedial Law than an Ethics question.

XI
In a case before him, it was the son of Municipal Trial Court Judge X who appeared
as counsel for the plaintiff. After the proceeding, Judgment was rendered in favor of the
plaintiff and against the defendant. B. the defendant in the case, complained against
Judge X for not disqualifying himself in hearing and deciding the case. In his defense.
Judge X alleged that he did not disqualify himself in the case because the defendant never
sought his disqualification.
Is Judge X liable for misconduct in office? (5%)

SUGGESTED ANSWER:
Judge X is liable for misconduct in office. Rule 3.12 of the Code of Judicial Conduct
provides that a judge should take no part in a proceeding where his impartiality might
reasonably be questioned. In fact, it is mandatory for him to inhibit or disqualify himself if
he is related by consanguinity or affinity to a party litigant within the sixth degree or to
counsel within the fourth degree (Hurtado v. Jurdalena, 84 SCRA 41). He need not wait for
a motion of the parties in order to disqualify himself.

XII
X, a Municipal Trial Court Judge, received the amount of One Thousand (PI.000.00)
Pesos in cash from accused charged with slight physical injuries in his court, whereupon he
was released from custody. After dismissal of the case against him, the accused sought to
withdraw the amount he had deposited as bail. It was not at once returned to the accused
because according to the Judge, it was stolen from the drawer of his table where he kept it
after receipt. Nonetheless, the amount was returned to the accused.
Is the Judge guilty of misconduct for which he may be disciplined? (5%)

SUGGESTED ANSWER:
Yes, the judge is guilty of misconduct and may be disciplined. He was negligent in keeping
the money in his drawer instead of depositing it with the municipal treasurer as required
by law. His failure to return it at once after the acquittal of the accused creates a suspicion
that he misappropriated the money. A judge should avoid impropriety and the appearance
of impropriety in all his activities (Canon 2, Code of Judicial Conduct).

ALTERNATIVE ANSWER:
No. While it is the obligation of Judge X to turn over the cash bond to the
Municipal Treasurer, there is no showing in the factual setting that he was moved by bad
faith, dishonesty, hatred, or similar motive when he kept the cash bond inside his drawer.
Thus, he should not be administratively charged for mere error in judgment, in the
absence of bad faith, malice or corrupt purpose (Guerrero v. Hon. Villamor, A.M. No. RTJ90-483 and Carlos v. Hon. Villamor, A.M. No. RTJ-90-617, September 25, 1998)

XIII
Judge A went to Hong Kong on vacation on board a Philippine Airlines plane and
they (sic) stayed in a first class hotel for three days and three nights. The round trip ticket
Manila-Hongkong-Manila and board and lodging in the hotel where he stayed were paid
for as a birthday gift to the Judge by a friend whose son has a case for estafa pending in
another Branch of the Court where Judge A is assigned.
Did Judge A commit any infraction of the Code of Judicial Conduct under the
circumstances? (5%)

SUGGESTED ANSWER:
Yes. He violated Canon 5, Rule 5.04 of the Code of Judicial Conduct which
provides that a judge or any immediate member of the family shall not accept a gift,
bequest, favor or loan from anyone except as may be allowed by law. Also, Canon 2 of the
same Code provides that a judge should avoid impropriety and the appearance of
impropriety in all activities. Accepting a birthday gift of a vacation in Hong Kong from a
friend whose son has a case for estafa pending in another branch of the Court where Judge
A is assigned raises a suspicion of impropriety on his part. The fact that the case is pending
in another branch is immaterial because he could be suspected of having been bribed to
influence the presiding judge of the other branch. A judge 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).

XIV
Justice AR of the Sandiganbayan was named executor of the Will of his good friend
BT whose estate is valued approximately at Two Billion (P2,000,000,000.00) Pesos.
Upon BT's death, may Justice AR accept the trust and serve as executor of BT's Will
while still in office ? (5%)

SUGGESTED ANSWER:
No, he may not. Rule 5.06 of the Code of Judicial Conduct provides that a judge
shall 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 judicial duties. Member of
immediate family shall be limited to the spouse and relatives within the second degree of
consanguinity.
XV
C.D. borrowed Twenty Thousand (P20.000.00) Pesos from E.P. To guarantee
payment of his obligation on or before December 10. 1999. C.D. agreed to constitute a
chattel mortgage on his car, a Toyota Corolla Model 1990. Prepare the Deed of Chattel
Mortgage (Omit Acknowledgment and affidavit of good faith). (5%)

SUGGESTED ANSWER:
This MORTGAGE, made and entered into this 26th day of September 1999 in the
City of Manila, by and between C.D., (the Mortgagor) of legal age, single and residing at
No. 1, X Street, Manila and E.P. (the Mortgagee) likewise of legal age, single and residing
at No. 2, Y Street, Manila, witnesseth:
1.
That the Mortgagor hereby conveys by way of mortgage to the Mortgagee
all his rights, title and interest in that personal property which is a car, a Toyota Corolla
Model 1990, which is exclusively owned by the Mortgagor and in his possession;
2.
That this mortgage is given as security for the payment to the Mortgagee
on or before December 10, 1999 by the Mortgagor of his loan to the Mortgagee in the
amount of Twenty Thousand Pesos (P20,000.00);
3.
That the conditions of this obligation are such that if the Mortgagor, his
heirs, administrators, executors and assigns shall pay the aforesaid loan to the Mortgagee,
then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Executed and signed on the date and place first above written.
C.D.
Mortgagor
WITNESSES:

E.P.
Mortgagee

XVI
In the February 15, 1999 issue of the Manila News, a daily newspaper published in
Manila, the following was published: Congressmans querida caught peddling shabu." She
was identified as one who lives at 156 Rizal Avenue in Manila. It turned out that the
woman referred to as CD residing at said address was really a congressmans girlfriend.
However, it was not really CD who was caught peddling shabu but another who looked
like her. CD brought a Complaint in the Office of the City Prosecutor of Manila against the
editor and publisher of the Manila News. The Prosecutor found there was a case against
the editor and publisher of the newspaper. Prepare the Information. (5%)

SUGGESTED ANSWER:
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch
Manila
People of the Philippines,
Plaintiff.
-versusMr. Editor and Mr. Publisher,
Accused,
x------------------------------------x
INFORMATION
The undersigned Public Prosecutor accuses Mr. Editor and Mr. Publisher of the
crime of LIBEL defined under Article 353 of the Revised Penal Code and penalized under
Article 355 of the same Code, committed as follows:
That on or about February 15, 1999 in the City of Manila and within the jurisdiction
of this Honorable Court, the said accused Mr. Editor and the accused Mr. Publisher, the
editor and publisher, respectively, of the Manila News, a daily newspaper published in
Manila, caused to be publicly and maliciously published in the February 15, 1999 issue of
the Manila News, Congressmans querida caught peddling shabu" identifying said
querida as the one who lives at 156 Rizal Avenue. That the said aforesaid publication
publicly and maliciously imputed upon the private complainant CD, a congressmans
girlfriend who is living at 156 Rizal Avenue, the crime of peddling shabu, when in truth and
in fact CD was never caught peddling shabu, which publication tended to cause
dishonor, discredit or contempt upon CD.
Contrary to law.
Manila, Philippines September 27, 1999

(Sgd.) Public Prosecutor

WITNESSES: Mr. A and Mr. B.
Bail recommended: P25.000.00
CERTIFICATION
This is to certify that a preliminary investigation has been conducted in accordance
with law, that the complainant and her witnesses have been examined and that on the
basis of the sworn statements and other evidence submitted, there is reasonable ground to
believe that the crime has been committed and the accused are probably guilty thereof,
that the accused were informed of the complaint and the evidence submitted against
them, and that they were given an opportunity to submit controverting evidence.
(Sgd.) Public Prosecutor

1998 BAR EXAMINATION

I
Boy, armed with a knife had sex with Nella, a sixteen- year-old lass, through force
and intimidation on May 1, 1998 in Bauan, Batangas. May the Provincial Prosecutor of
Batangas file an information for rape against Boy instead of a criminal complaint to be
signed by Nelia?
If so, prepare the information complete with caption.
If not, prepare the criminal complaint likewise with complete caption to be signed
by Nelia. In both cases, exclude the certification. [10%1

Answer:
R.A. No. 8353, which reclassified rape as a crime against persons, became effective
on October 22, 1997. Hence, the Provincial Fiscal may file an information for rape against
Boy.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FOURTH JUDICIAL REGION
BATANGAS CITY
BRANCH________
PEOPLE OF THE PHILIPPINES,
Plaintiff,

- versus -

CRTM. CASE No.

FOR: RAPE

BOY,

Accused.
x-----------------------------------x
INFORMATION
The undersigned Provincial Prosecutor hereby accuses the above named accused
of the crime of rape under Article 265-A par. 1 of the Revised Penal Code, as amended by
Republic Act No. 8353, committed as follows:
"That on or about May 1, 1998 In the municipality of Bauan, province of Batangas,
and within the jurisdiction of this Honorable Court, the above named accused did then
and there, willfully, unlawfully and maliciously, through force and intimidation with a
knife, have sexual congress with the offended party Nelia, a minor 16 years of age,
succeeding in penetrating her genital organ, thereby causing her actual and moral
damages in the amount of at least PICK),000.00.
CONTRARY TO LAW.
(Sgd.)
Provincial Prosecutor

II
Explain the meaning of - (1) Counsel de ojlcio; (2) Amicus curiae; and (3) Attorney's
lien. [5%]

Answer:
(1)
Counsel de Officio - a lawyer appointed by the court to defend an indigent
defendant in a criminal action.
(2)
Amicus curiae - literally, a friend of the court; an experienced and impartial
attorney who is invited by the court to give an opinion in the disposition of novel and/or
difficult issues before it.
(3)
Attorney's lien - a lien created by law to insure payment of a lawyer's
professional fees and reimbursement of his lawful disbursements. Section 37 of Rule 138
provides for two kinds of attorney's lien, a retaining lien which gives the lawyer the right to
retain the client's money, property and documents which have legally come into his
possession until he is paid all his fees and advances for all his services to the client, and a
charging lien which gives the lawyer the right to charge a judgment for money and its
execution with his fees for services rendered in the case.

III
Judge C was appointed MTC Judge in 1993. Subse-quently. the Judicial and Bar
Council received information that previously he had been dismissed as Assistant City
Prosecutor of Manila.. It appeared that when he applied for appointment to the Judiciary,
his answer to the question in the personal Data Sheet - Have you ever been retired,
dismissed or forced to resign from any employment?" was - Optional under Republic Act
No. 1145. The truth is, he was dismissed for gross misconduct as Assistant City prosecutor.
May he be dismissed as Judge? [5%]

Answer:
Yes. "By his concealment of his previous dismissal from the public service, which
the Judicial and Bar Council would have taken into consideration in acting on his
application for appointment as a judge, he (the judge) committed an act of dishonesty
that rendered him unfit to be appointed, and to remain, in the Judiciary he has tarnished
with his falsehood." (Re: Inquiry on the Appointment of Judge Enrique A. Cube, 227 SCRA
193; Jose Estacion, 181 SCRA 33, Estanislao Belan, August 6, 1998).

IV
What is your understanding of forum-shopping? What are the possible
consequences? [5%]

Answer:
Forum-shopping is the improper practice of filing several actions or petitions in the
same or different tribunals arising from the same cause and seeking subtantially identical
reliefs in the hope of winning in one of them.
The possible consequences of forum-shopping are:
(1)

Summary dismissal of the multiple petition or complaint.

(2)

Penalty for direct contempt of court on the party and his lawyer.

(3)

Criminal action for a false certification of non- forum shopping.

(4)

Disciplinary proceeding for the lawyer concerned. (Sec. 5, Rule 7. 1997

Rules of Civil Procedure)

V
When Atty. Aldrin received copy of the decision of the Court of Appeals, he filed a
motion for reconsideration using intemperate and disrespectful language with a subtle
threat that knowingly rendering an unjust judgment is punishable under the Revised
Penal Code."
The Court of Appeals ordered him to explain why he should not be cited in
contempt of court. Instead of complying, he submitted to the Court of Appeals his Petition
to Retire from the practice of law which he immediately filed with the Supreme Court after
receiving the citation for contempt. May he be allowed to retire from the practice of law?
[5%J

Answer:
No. A practicing lawyer and officer of the court facing contempt proceedings
cannot just be allowed to voluntarily retire from the practice of law which would negate
the inherent power of the court to punish him for contempt** (Montecillo v. Gica, 60 SCRA
234).

VI
Nene approached Atty. Nilo and asked him if it was alright to buy a piece of land
which Maneng was selling. What was shown by Maneng to Nene was an Original
Certificate of Title with many annotations and old patches, to which Nene expressed
suspicion. However, Atty. Nilo, desirous of pushing through with the transaction because
of the high notarial fee promised to him, told Nene that the title was alright and that she
should not worry since he is an attorney and that he knew Maneng well. He notarized the
Deed of Sale and Nene paid Maneng P 108,000.00. It turned out that Maneng had
previously sold the same property to another person.
For the injustice done to Nene, may Atty. Nilo be disciplined? (5%)

Answer:
Yes. Atty. Nilo is guilty of gross negligence in protecting the interests of his client.
A lawyer shall not neglect a legal matter entrusted to him and his negligence in
connection therewith shall render him liable (Rule 18.03, Code of Professional
Responsibility). Worse, he was negligent because he placed his own interest in receiving a
high notarial fee over and above the Interest of his client. In the case of Na.da.yag v.
Grageda, 237 SCRA 202, which involves similar facts, the Supreme Court held that the
lawyer "should have been conscientious in seeing to it that justice permeated every aspect
of a transaction for which his services had been engaged, in conformity with the avowed
duties of a worthy member of the Bar."

VII
A lawyer advertised in (he newspaper the following:
Can secure annulment of your marriage promptly. Expert in legal separation cases.
Consult anytime."
Is the advertisement proper? (5%)

Answer:
No. A lawyer in making known his legal services should not use any false,
fraudulent, misleading, deceptive, undignified or self-laudatory statements regarding his
qualification on legal services (Rule 3.01, Code of Professional Responsibility, In re
Tagorda, 53 Phil. 37). The claim that he can secure annulment of marriage promptly is
false and misleading and his claim that he is an expert in legal separation is self-laudatory.
The advertisement constitutes improper solicitation and violates the sanctity of the
institution of marriage which the State should protect (Ulep v. Legal Clinic, Inc., 221 SCRA
378).

VIII
State the rule on (a) the right of the client to dismiss his lawyer and (b) the
prerogative of a lawyer to withdraw as counsel. [5%)

Answer:
(a)
A client has the sight to dismiss his lawyer at any time, with or without just
cause. The existence or non-existence of Just cause is material only for deter-mining the
right of the lawyer to compensation for services rendered. The client's right to terminate
the lawyer's services springs from the strictly personal and highly confidential nature of the
relationship between the lawyer and the client. Once the client loses confidence in his
lawyer, he has the right to dismiss him.
(b)
On the other hand, the lawyer does not have an unqualified right to
withdraw as counsel. As an officer of the court, he may not withdraw or be permitted to
withdraw as counsel if such withdrawal will work Injustice to a client or frustrate the ends
of justice. A lawyer may withdraw at any time with his client's written consent. Without
such consent, he may withdraw his services only for good cause and upon notice
appropriate In the circumstances (Caon 22, Code of Professional Responsibility).

IX
Prepare a Contract of Lease of an apartment unit, (10%) Answer;

CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This contract of lease, entered Into by and between:
A.B., Filipino, of legal age, single, with residence at _______________ and hereafter called
the LESSOR
- andB.D., Filipino, of legal age, single, with residence at _________________and hereafter called
the LESSEE.
WITNESSETH:
THAT, for and in consideration of the rentals to be paid, the LESSOR has hereby
leased to the LESSEE and the LESSEE hereby accepts the same In lease, the * following
described property:
(description of apartment)
subject to the following terms and conditions:
1.

Period of the Lease-

2.

Rentals to be Paid

3.

(Other terms and conditions)

IN WITNESS WHEREOF, the parties hereto have signed these presents, at

__________________, this _________________day of _____________, 1998.
A.B.
Lessor

C.D.
Lessee
WITNESSES
(acknowledgment)

X
When Dennis was arraigned in a case for Homicide, he was asked by the Judge if
he had a lawyer to which he answered In the negative. The Court then appointed Atty. Go

as his counsel de oficio despite his insistence on the appointment of Atty. Salvador Laurel,
the former Vice-President, as his counsel.
After conviction, he appealed claiming that he was denied his constitutional right
to counsel. Is Dermis correct? [5%]

Answer:
No, he was not denied his constitutional right to counsel. The right of the accused
to counsel does not entitle him to select his own lawyer. The constitutional right is satisfied
by the designation of counsel de officio by the court as long as the lawyer is a member of
the bar (17.S. u. Laranja, 21 Phil. 300).

XI
A mayor charged with Homicide engaged your services as his lawyer. Since there is
only one witness to the incident, the mayor disclosed to you his plan to kill the lone witness
through a contrived vehicular accident.
1.
What are the moral and legal obligations to the mayor, and to the
authorities? [3%]
2.
Should the killing push through and are you certain that the mayor is the
one responsible, are you under obligation to disclose to the authorities what was confided
to you? Is this not a privileged communication between client and attorney? 12%)

Answer:
1.
It is the duty of an attorney to divulge the communication of his client as to
his announced intention to commit a crime to the proper authorities to prevent the act or
to protect the person against whom it is threatened.
2.
Public policy and the lawyer's duty to counsel obedience to the law forbid
that an attorney should assist in the commission of a crime or permit the relation of
attorney and client to conceal a wrongdoing. He owes it to himself and to the public to use
his best efforts to restrain his client from doing any unlawful act and if, notwithstanding his
advise, his client proceeds to execute the illegal deed, he may disclose it or be examined
as to any communication relating thereto. There is privileged communication only as to
crimes already committed before its communication to the lawyer.

XII
A judge, in order to ease his clogged docket, would exert efforts to compel the
accused in criminal cases to plead guilty to a lesser offense and advise party litigants in

civil cases, whose positions appear weak, to accept the compromise offered by the
opposing party.
Is the practice legally acceptable? |5%)

Answer:
The practice is legally acceptable as long as the judge does not exert pressure on
the parties and takes care that he does not appear to have prejudged the case. Where a
judge has told a party that his case is weak before the latter was fully heard, such was
considered as a ground for his disqualification (Castillo v. Juan, 62 SC 124).

XIII
Atty. Asilo, a lawyer and a notary public, notarized a document already prepared by
spouses Roger and Luisa when they approached him. It is stated in the document to Roger
and Luisa formally agreed to live separately from each other and either one can have a
live-in partner with full consent of the other.
What is the liability of Atty. Asilo, if any? [5%]

Answer:
Atty. Asilo may be held administratively liable for violating Rule 1.02 of the Code of
Professional Responsibility - a lawyer shall not counsel or abet activities aimed defiance of
the law or at lessening confidence in the leg system. An agreement between two spouses
to live separately from each other and either one could have a live-in partner with full
consent of the other, is contrary to law and morals. The ratification by a notary public who
is a lawyer of su illegal or immoral contract or document constitutes m practice or gross
misconduct in office. He should at lea refrain from its consummation. (In re Santiago, 70
Phil. 661 Panganiban v. Borromeo, 58 Phil. 367, In re Bucana, 72 S 14).

XIV
What is your understanding of quanlum meruit as attorney's fees? [5%)

Answer:
Quantum meruit literally means as much as he deserves. It is a measure for the
lawyer's fees in absence of a contract, or when the fees stipulated in a contract are found
unconscionable, or when the lawyer's services are terminated for cause. The lawyer is
entitled to receive what he merits for his services, as much as he has earned. The factors to
be taken into consideration are enumerated in Rule 22 of the Code of Professional
Responsibility.

XV
For his failure to appear for trial despite notice. Atty. Umali was summarily
pronounced guilty of direct contempt and was fined P10.000.00 by the Judge.
Is the Judge correct? (5%)

Answer:
The judge is not correct. A lawyer who fails to appear for trial is only liable for
indirect contempt, which cannot be punished summarily. (People v. Torio, 118 SCRA 14;
Atty. Himiniano D. Silva v. Judge German G. Lee, 169 SCRA 512).

XVI
Ben filed proceedings for disbarment against his lawyer, Atty. Co, following the
latters conviction for estafa for misappropriating funds belonging to his client (Ben).
While the proceedings for disbarment was pending, the President granted absolute
pardon in favor of Atty. Co. Atty. Co. then, moved for the dismissal of the disbarment case.
Should the motion be granted? (5%)

Answer:
An absolute pardon by the President is one that operates to wipe out the
conviction as well as the offense itself. The grant thereof to a lawyer is a bar to a
proceeding for disbarment against him, if such proceeding is based solely on the fact of
such conviction (In re Parcasion, 69 SCRA 336). But where the proceeding to disbar is
founded on the professional misconduct involved in the transaction which culminated in
his conviction, the effect of the pardon is only to relieve him of the penal consequences of
his act and does not operate as a bar to the disbarment proceeding, inasmuch as the
criminal acts may nevertheless constitute proof that the attorney does not possess good
moral character (In re Lontoc, 43 Phil. 293).

XVII
(5%]

Discuss the propriety of a lawyer filing a suit against his client concerning his fees.

Answer:
Rule 20.04 of the Code of Professional Responsibility provides that a lawyer shall
avoid controversies with his clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or fraud. The legal profession is not a

money-making trade but a form of public service. Lawyers should avoid giving the
impression that they are mercenary (Perez v. Scottish Union and National Insurance Co.,
76 Phil. 325). It might even turn out to be unproductive for him for potential clients are
likely to avoid a lawyer with a reputation of suing his clients.

XVIII
Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the side of
the road, gave chase and stopped the tricycle. Judge Silva then confiscated the driver's
license and told him to get it from his office. Was the conduct of Judge Silva proper? [5%)

Answer:
The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411 [1074), where
the Supreme Court held:
While respondent might have been motivated by a spirit of civicism in cooperating
with the city authorities in the enforcement of traffic laws, it is obvious that the
investigation of violations of traffic rules and regulations, the arrest of errant motor
vehicle drivers and the confiscation of their licenses are essentially police functions which
are specifically vested by law upon law enforcement officers of the government.
Respondent as Judge of the City Court will necessarily hear and decide all cases filed in his
court regarding such violations and infractions of the Motor Vehicle Law or traffic
regulations by the law enforcement officers. It is patent, therefore, that re-spondent
should not have taken upon himself the responsibility of confiscating the license of the
motorcab driver but he should have referred the matter to the police. We deem it relevant
to emphasize that the official conduct of a judge should be free from impropriety or any
appearance thereof. His personal behavior in the performance of his official duties and In
his everyday life should be beyond reproach. By confiscating the driver's license without
issuing any Traffic Violation Report (TVR) and losing the same while in his possession,
respondent Judge has acted in a manner unbefitting his high judicial office.
-end-

1997 BAR EXAMINATION

Question No. 1:
Atty. A has plans to join the Judiciary. He has been a lawyer for about twenty years
now. He has been an esteemed member of the Integrated Bar of the Philippines, a legal
consultant to a number of business entities, and an "of counsel" of a medium-size law firm.
Strangely enough, however, he has yet to see a court room. Never, during his 20-year stint
as a lawyer, has he had the opportunity to conduct any actual trial or litigation work. Does
he possess the necessary qualifications for a Regional Trial Court Judge?

Answer:
The qualifications for a Regional Trial Court judge are (a) natural born citizen of
the Philippines, (b) at least 35 years of age. and (c) for at least ten years, has engaged in
the practice of law in the Philippines or has held public office in the Philippines requiring
admission to the practice of law as an indispensable requisite (Sec. 15, B.P. 129). In
Cayetano v. Monsod 201 SCRA 210, the Supreme Court defined "practice of law" as "any
activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience." Under the said definition, Atty. A is qualified to be
appointed as a member of the judiciary, assuming that he has the other qualifications for
the particular position. But he may not be suitable.
Question No. 2:
Atty. B, C, and D recently inaugurated their law partnership. Among the invited
guests were clients, business executives and government officials, including a few
members of the judiciary. Photographs were taken during the inaugural affair which the
law firm subsequently caused to be published in major newspaper dailies. Was there
anything ethically wrong in what the partnership had done?

Answer:
The act of causing photographs of the inaugural affair published in major
newspaper dailies violates the following rules of the Code of Professional Responsibility:
Rule 2.03. A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive. UNDIGNIFIED, SELF-LAUDATORY or unfair statement of claim
regarding his qualifications or legal services.
Canon 13. A lawyer shall rely on the merits of his cause and refrain from any
impropriety which tends to influence or gives the appearance of influencing the court.

Question No. 3:
Atty. E has a daily 10-minule radio program billed as a "Court of Common
Troubles." The program is advertised by the radio station as a public service feature for
those who seek but cannot afford to pay for legal advice. Its sponsors include a food
processing company and a detergent manufacturing firm which share with the radio
station the monthly remuneration of Atty. E. Is there any impropriety in Atty. E's role under
the above arrangement?

Answer:
Giving of advice on legal matters through the medium of a newspaper column or
radio or television broadcast is improper. It would involve indirect advertising and
violation of the confidential relation between lawyer and client. (Agpalo, Legal Ethics.
1992 ed. p. 82)

Question No. 4:
Explain your understanding of "Conflict of Interest" under the Code of Professional
Responsibility.

Answer:
A lawyer is prohibited from representing conflicting interests. There is conflict of
interests within the context of the rule when, on behalf of one client, it is the lawyer's duty
to contend for that which his duty to another client requires him to oppose. Another test is
whether the acceptance of a new lawyer-client relation will prevent a lawyer from discharging fully his duty of undivided fidelity and loyalty to another client or invite suspicion
of unfaithfulness or double-dealing in the performance thereof.
It is improper for a lawyer to appear as counsel for one party against his present
client even in a totally unrelated case. With regard to a former client, the traditional rule is
to distinguish between related and unrelated cases. A lawyer may not represent a
subsequent client against a former client in a controversy that is related, directly or
indirectly, to the subject matter of the previous litigation in which he appeared for the
former client, otherwise, he may. However, in the case of Rosacia vs. Atty. B. Bulalacao,
248 SCRA 665, the Supreme Court ruled that a lawyer may not accept a case against a
former client, even on an unrelated matter.
The Court reiterates that an attorney owes loyalty
to his client not only in the case in which he has
represented* him but also after the relation of attorney and
client has terminated as it is not good practice to permit
him afterwards to defend in another case other person
against his former client under the pretext that the case is
distinct from, and independent of the other case. It
behooves respondent not only to keep inviolate the client's
confidence but also to avoid the appearance of treachery
and double-dealing for only then can litigants be encourage
to entrust their secrets to their attorneys which is of
paramount importance in the administration of justice."

Question No. 5:
Mrs. F. a young matron, was referred to you for legal advice by your good friend in
connection with the matron's jewelry business. She related to you the facts regarding a

sale on consignment of pieces of Jewelry to someone she did not name or identify. Since
she was referred to you by a close friend, you did not bill her for the consultation. Neither
did she offer to compensate you. Six months later, Mrs. G, the wife of the general manager
of a client company of your law firm, asked you to defend her in a criminal case for estafa
filed by Mrs. F. Would you agree to handle her case?

Answer:
First. I will inquire if the case for estafa filed by Mrs. F against the wife of the
general manager, is the same matter concerning which Mrs. F consulted me six months
before. If it is the same matter. I will not be able to handle the case for the general
manager's wife, because of a conflict of interest. When Mrs. F consulted me and I gave her
professional advice, a lawyer-client relationship was created between us. regardless of
that fact that I was not compensated for it. It would involve a conflict of interest if I will
handle the case for the opposite party on the same matter (HUado v. David, 84 Phil. 571).

Alternative Answer:
The lawyer may also inform the parties about a possible conflict of interest, and if
they do not object, it will not be improper for him to accept.

Question No. 6:
You are the lawyer of Mr. "H", the plaintiff, in a civil case for rescission of contract.
The prospects for an amicable settlement look bright. Impressed by your ability, Mr. "I",
the defendant, would like very much to retain you as his defense counsel in a criminal case
for homicide through reckless imprudence. Mr. "I" wants you to forthwith enter your
appearance, the arraignment already having been scheduled. Would you accept the offer?

Answer:
It depends. If the criminal case for homicide through reckless imprudence is
against Mr. "H", I cannot accept the same for that will involve a conflict of interest,
although it is an unrelated case. But if it will not involve Mr. "H". I can accept the same.
However, to avoid suspicion and misunderstanding. it would be better if I inform Mr. H"
about the offer and secure his conformity to my handling the same.

Question No. 7:
When is public comment and criticism of a court decision permissible and when
would it be improper?

Answer:
A lawyer, like every citizen, enjoys the right to comment on and criticize the
decision of a court. As an officer of the court, a lawyer is expected not only to exercise that

right but also to consider it his duty to expose the shortcomings and indiscretions of courts
and judges. But such right is subject to the limitations that it shall be bona Jide. It is proper
to criticize the courts and Judges, but it is improper to subject them to abuse and slander,
degrade them or destroy public confidence in them. Moreover, "a lawyer shall not
attribute to a Judge motives not supported by the record or have no materiality in the
case" (Rule 11.04, Code of Professional Responsibility).

Question No. 8:
J sustained serious physical injuries due to a motor vehicle collision between the
car she was driving and a public utility bus, requiring her confinement for 30 days at the
Makati Medical Center. After her release from the hospital, she filed a criminal complaint
against the bus driver for serious physical injuries through reckless imprudence before the
Makati Prosecutors Office. She also filed a civil complaint before the Paranaque Regional
Trial Court against the bus operator and driver for compensatory, moral, exemplary and
other damages. Aside from the two complaints, she additionally filed an administrative
complaint against the bus operator with the Land Transportation Franchising and
Regulatory Board for cancellation or suspension of the operators franchise. Would you say
that she and her lawyer were guilty of forum-shopping?

Answer:
No. There is no forum-shopping in the simultaneous filing of a criminal case and a
civil case in this instance. Article 33 of the Civil Code allows the filing by an injured party of
a civil action for damages entirely separate and distinct from the criminal action in cases of
defamation, fraud, and physical injuries. There is also no forum-shopping involved in filing
an administrative complaint against the bus* operator with the Land Transportation
Franchising and^ Regulatory Board. It is for a different cause of action, the cancellation or
suspension of the operator's franchise.

Question No. 9:
You are the counsel of K in his action for specific performance against DEV. Inc.. a
subdivision developer which is represented by Atty. L. Your client believes that the
president of DEV, Inc., would be willing to consider an amicable settlement and your client
urges you to discuss the matter with DEV. Inc., without the presence of Atty. L whom he
considered to be an impediment to an early compromise. Would it be all right for you to
negotiate the terms of the compromise as so suggested above by your client?

Answer:
No. Rule 8.02, Canon 8 of the Code of Professional Responsibility provides that "a
lawyer shall not. directly or indirectly, encroach upon the professional employment of
another lawyer." Canon 9 of the Code of Professional Ethics is more particular. "A lawyer
should not in any way communicate upon the subject of the 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." In the case of Likong vs. Liin, 235
SCRA 414, a lawyer was suspended for negotiating a compromise agreement directly with
the adverse party without the presence and participation of her counsels.

Question No. 10:

M has a pending case for collection of a sum of money. He is not satisfied with his
lawyer N, who, almost always, goes to court evidently unprepared. He wantsyou to
promptly take over the case. You agree to handle the case. What steps must you take to
formalize the engagement?

Answer:
I will ask M to first terminate or secure the withdrawal of N as his counsel. If Ns
services are terminated. I can subsequently enter my appearance as the new counsel of M.
If he agrees to withdraw simultaneously with my appearance.
I will prepare a Substitution of Attorney to be filed in court, containing the written
conformities of M and N.

Question No. 11:

Cite at least five (5) valid reasons under any of which a lawyer may be allowed to
withdraw from a case even without her client's consent.

Answer:
a)
When the client pursues an illegal or immoral course of conduct in
connection with the matters he (the lawyer) 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 lawyer is elected or appointed to a public office.

f)

Other similar case. (Rule 22.01. Code of Professional Responsibility).

Question No. 12:

You are the managing partner of a law firm. A new foreign airline company,
recently granted rights by the Civil Aeronautics Board at the NAIA, is scouting for a law
firm which could handle its cases in the Philippines and provide legal services to the
company and its personnel. After discussing with you the extent of the legal services your
law firm is prepared to render, the general manager gives you a letter-proposal from
another law firm in which its time-billing rates and professional fees for various legal
services are indicated. You are asked to submit a similar letter-proposal stating your firm's
proposed fees. The airline company's general manager also tells you that, if your proposed
fees would at least be 25 per cent lower than those proposed by the .other firm, you will
get the company's legal business. How would you react to the suggestion?

Answer:
I will emphasize to the General Manager that the practice of law is a profession
and not a trade. Consequently, I will not propose a lower fee just for the sake of competing
with another firm. Because such practice smacks of commercialism. Moreover, Rule 2. 04
of the Code of Professional Responsibility provides that a lawyer shall not charge rates
lower than those customarily prescribed unless the circumstances so warrant. I will charge
fees that will be reasonable under the circumstances.

Question No. 13:

Under the Code of Professional Responsibility, a lawyer owes fidelity to the cause
of his client and shall represent his client with zeal in the maintenance and defense of his
rights. How far, in general terms, may a lawyer go in advocating, supporting and
defending his clients rights and interests?

Answer:
Rule 19.01 of Code of Professional Responsibility pro-vides that a lawyer shall
employ only fair and honest means to obtain the lawful objectives of his client. In
championing the cause of his client a lawyer should employ only such means as are
consistent with truth and honor. He should not go beyond the bounds of the law or the
ethics of his profession.

Question No. 14:

A real estate company, elated over the decision in a case regarding a dispute over
a personal matter between its top sales representative and his neighbor, gifted Atty. O,
who represented its sales representative in the litigation, with a 240-square-meter lot in
its newly developed subdivision. The case handled by Atty. O had nothing to do with the
sales representative in the litigation, with a 240 square-meter lot in its newly developed
subdivision. The case handled by Atty. O had nothing to do with the sales representative's

work for the real estate company. The latter's offer of the lot, which Atty. O accepted, was
in consideration of its sales representatives being the firm's Number One salesman. Was
there a breach of the Code of Professional Responsibility by Atty. O when he accepts the
240 square-meter lot?

Answer:
Rule 20.03 of the Code of Professional Responsibility provides that a lawyer shall
not, without the full knowledge and consent of the client, accept any fee, reward, costs,
commission, interests, rebate of forwarding allowance or other compensation whatsoever
related to his professional employment from anyone other than the client.
"(There should be no room for suspicion on the part of the client that his lawyer is
receiving compensation in connection with the case from third persons with hostile
interests" (Report of IBP Committee, p. 112). Even if the secret compensation comes from
a friendly person, if the act is discovered, it is bound to create dissension in the clientlawyer relationship. Worse, the lawyer will be able to enrich himself by receiving more
than what is due him as attorneys fees. (Pineda. Legal & Judicial Ethics. 1995 ed. p. 243)

Alternative Answer:
The gift of the real estate company does not come from the adverse party, hence,
there is no violation of the lawyer is duty of loyalty to his clients. The property given was
not his client's property involved in the litigation. Hence, it does not violate Article 1491 of
the Civil Code. The lawyer's acceptance of the gift is proper. However, it would be better if
he informs his client.

Question No. 15:

As the guest speaker in a Rotary Club weekly luncheon meeting, Judge P was asked
during the open forum what might his personal opinion be on PIRMA's move to initiate a
people's initiative to amend the Constitution. He expressed the view that PIRMA's crusade
should be allowed because it would be in consonance with the declaration in the
Constitution that "sovereignty resides in the people and all government authority
emanates from them." He likewise enjoined the members to support PIRMA. An
administrative complaint was filed against him by a club member, a staunch oppositor to
the PIRMA petition before the COMELEC, alleging that the judge's public statement had
constituted conduct unbecoming a judge. Judge P's answer to the complaint was that
membership in the judiciary did not deprive him of his right to free speech, that he was
entitled to express his view even on political issues, and that any issue requiring resolution
on the PIRMA petition was outside the Jurisdiction of Regional Trial Courts. Was there a
breach of the Code of Judicial conduct by Judge P?

Answer:
Yes, there is a breach. Rule 5.10 of the Code of Judicial Conduct provides that a
judge is entitled to entertain personal views on political questions. But to 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. Since judge P considered the PIRMA petition to be a political issue, he
should have refrained from making his speech and enjoining his listeners to support
PIRMA because he might be suspected in engaging in a partisan political activity.

Alternative Answers:
1.
Yes, there is a breach. The judge's view that PIRMA should be allowed and
that his audience should support it, may be misunderstood as encouraging a defiance of
the Supreme Court which has already ruled that there is no law implementing the
constitutional provision for the exercise of the People's Initiative in amending the
Constitution.
2.
No, there is no breach. Espousing the PIRMA is not engaging in a partisan
political activity.

Question No. 16:

RTC Judge Q is a deacon in the Iglesia ni Kristo church in San Francisco del Monte.
Quezon City. R. a member of the same religious sect belonging to the same INK
community in San Francisco del Monte, filed a case against S who belongs to the El
Shaddai charismatic group. The case was raffled to Judge Q's sala. The lawyer of S filed a
motion to disqualify Judge Q on the ground that since he and the plaintiff belonged to the
same religious sect and community in San Francisco del Monte, Judge Q would not possess
the cold neutrality of an impartial judge. Judge Q denied the motion on the ground that
the, reason invoked for his disqualification was not among the grounds for disqualification
under the Rules of Court and the Code of Judicial Conduct. Was Judge Qis denial of the
motion for inhibition well founded?

Answer:
The fact that Judge Q and Litigant R both belong to the Iglesia Ni Kristo while
Litigant S belongs to the El Shaddai group, is not a mandatory ground for disqualifying
Judge Q from presiding over the case. The motion for his inhibition is addressed to his
sound discretion and he should exercise the same in a way the people's faith in the courts
of justice is not impaired. He should reflect on the probability that a losing party might
nurture at the back of his mind the thought that the Judge had unmeritoriously tilted the
scales of Justice against him {Dimacuha vs. Concepcion. 117 SCRA630). Under the
circumstances of this case, where the only ground given for his disqualification is that he
and one of the litigants are members of the same religious community, I believe that his
denial of the motion for his disqualification is proper. In Vda. de Ignacio vs. BLTBus Co., 34
SCRA 618, the Supreme Court held that the fact that one of the counsels in a case was a
classmate of the trial judge is not a legal ground for the disqualification of the judge.

Question No. 17:

A presidential aspirant was the guest of honor at a testimonial dinner for the
officers and new members of a provincial chapter of the IBP. In his speech, the presidential
aspirant announced that the IBP would play a major role in his administration. The officers
of the chapter, after the speech, declared their unqualified support for the
"presidentiable's" candidacy and enjoined all members to do likewise. Comment on this
announcement of support of the IBP chapter.

Answer:
The announcement of support of the IBP Chapter is not proper. The Integrated Bar
of the Philippines is strictly non-political. A delegate, governor, officer or employee of the
IBP or 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 (Art. I. i Sec.
4, By Laws of the Integrated Bar of the Philippines). The IBP chapter's announcement of
support for a presidential aspirant is engaging in a partisan political activity.

Question No. 18:

(a)

What are the requirements for eligibility to take the Bar Examinations?

(b)
Prior to his admission to the freshman year in a reputable law school. Bar
examinee A was charged before the Municipal Trial Court with damage to property
through reckless imprudence for accidentally sideswiping a parked passenger jeepney.
The case was amicably settled with A agreeing to pay the claim of the jeepney owner for PI
.000.00. In his application to take the 1997 Bar Examinations, A did not disclose the above
incident. Is he qualified to take the Bar Examinations?

Answer:
(a)
follows:

The requirements for eligibility to take the bar examinations area as

1.

The applicant must be a citizen of the Philippines.

2.

He must be a resident of the Philippines.

3.

He must be of good moral character.

4.
No charge against him involving moral turpitude has been filed or
is pending in any court in the Philippines.
5.
He must have studied law for four years and has successfully
completed all prescribed courses in a law school or university officially approved and
recognized by the Secretary of Education, Culture and Sports.

6.
Before he began the study of law, he had satisfactorily completed
in an authorized or recognized university or college, requiring for ' admission thereto the
completion of a four-year high school 1 course, the course of study prescribed W a
bachelor's degree in arts or sciences with any of the following subjects as major or field of
concentration: Political Science. Logic. English, Spanish, History and Economics. (Secs. 2, 5,
and 6, Rule 138 of the Rules of Court.)
(b)
Rule 7.01 of the Code of Professional Responsibility provides that "a lawyer
shall be answerable fox knowingly making a false statement or suppressing a material fact
in connection with his application for admission to the bar". In the case of In Re Ramon
Galang, 66 SCRA 245, the respondent repeatedly omitted to make mention of the fact
that there was a pending criminal case for slight physical injuries against him in all of his
four (4) applications for admission to take the bar examinations. He was found to have
fraudulently concealed and withheld such fact from the Supreme Court and committed
perjury. The Supreme Court cited the rule that "the concealment of an attorney in his
application to take the bar examinations of the fact that he had been charged with, or
Indicted for. An alleged crime, is a ground for revocation of his license to practice law."
A's failure to disclose that he had been charged with damage to property through
reckless imprudence in his application for admission to the bar examinations disqualifies
him. It does not matter that the offense charged does not involve moral turpitude or has
been amicably settled. It is up to the Supreme Court to determine whether the offense
charged involved moral turpitude or not. What is important is that he concealed such fact
from the Supreme Court or even misrepresented under oath that he had not been
charged. This produces an unfavorable impression on his moral character.

Alternative Answer:
A Is qualified to take the bar examinations. He may believe in good faith that the
crime for which he had been charged is not a crime involving moral turpitude. Besides, it
has already been terminated by amicable settlement. The case of In Re Galang is not
applicable because in that case, the criminal charge was still pending when he applied for
admission, and he deliberately omitted mention of the same in the four times he applied
for admission. This is only the first time that A has applied. However, A may be subjected j
to lesser administrative sanctions for not disclosing the incident.

Question No. 19:

Document a chattel mortgage covering a motor vehicle.

Answer:

CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

That I, A, of legal age, married and resident of the City of Manila, for and in
consideration of the loan of FIFTY THOUSAND PESOS (P50.000.00), Philippine Currency,

granted to me by B. likewise of legal age. married and resident of the City of Manila, to be
paid one year after date with 6% interest per annum from date hereof, have transferred
and conveyed by way of chattel mortgage unto said B, his heirs, successors and assigns,
free from all liens and encumbrances, that certain motor vehicle at present in my
possession in my aforementioned address, more particularly described as follows:
(Description of motor vehicle)
of which I am the true and absolute owner by title thereto being evidenced by Registration
Certificate of Motor Vehicle issued in my name by the Land Transportation Office, Quezon
City on January 10, 1996.
This chattel mortgage has been executed in order to secure the full and faithful
payment of the aforementioned obligation in accordance with the terms and conditions of
this instrument, then this contract shall become null and void: otherwise, it shall continue
to be in full force and effect and may be foreclosed in accordance with law.
IN WITNESS WHEREOF, I have hereunto set my hand on this instrument, in the
City of Manila, this 28th day of September 1997.
A
Mortgagor
Signed In the presence of:

AFFIDAVIT OF GOOD FAITH

REPUBLIC OF THE PHILIPPINES
CITY OF MANILA

)
) s.s

We, severally swear that A, Mortgagor and B, Mortgagee have executed the
foregoing Chattel Mortgage Contract in order to guaranty as good and valid obligations
and the same is not intended for the purpose of defrauding our creditors.
A
Mortgagor

B
Mortgagee
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

CITY OF MANILA

)
)

S.S.

BEFORE ME, A Notary Public in and for the City of Manila, personally appeared A,
Mortgagor, with Community Tax Certificate No. 12345 Issued in Manila on February 17.
1997 and B, mortgagee, with Community Tax Certificate No. 56789 issued in Manila on
March 10, 1997, all known to me to be the same persons who subscribed to the truth of

the foregoing affidavit of good faith and A acknowledged to me further that he executed
the foregoing Chattel Mortgage Contract as his free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
on this instrument in the City of Manila, Philippines, this 28th day of September 1997.
NOTARY PUBLIC
My commission expires
on December 31, 1997
Doc. No.
Page No.
Book No.
Series of

1
2
3
1997.

Question No. 20:

Prepare a complaint for ejectment.

Answer:
Republic of the Philippines
Metropolitan Trial Court of Metro Manila
National Capital Region
Manila
A

Plaintiff,
-versusB
Defendant,
x-----------------------x

CIVIL CASE NO.G.R. NO. 1000

For Unlawful Detainer

COMPLAINT
Plaintiff, through counsel, alleges:.
1.
Plaintiff, is of legal age, resident of the City of Manila, that Defendant is
likewise of legal age, residing at No. 2 CDE apartment, F St., Quezon City, and may be
served of summons at said address;
2.
That plaintiff is the owner of an apartment building located at F St. Manila,
and described as follows:
"a ten-door apartment approximately 500 sq. meters, bounded on the left by JKL
Building and bounded on the right by MNO Building."

3.
That on January 10, 1996, plaintiff entered into a contract with defendant
whereby the former leased to the latter the above-described property for the period of
one (1) year, starting on February 1, i 996, for the monthly rental ofP5,000.00;
4.
That by virtue of said contract, defendant took the property in question on
February 1, 1996, and he is still in possession of the same up to the present time;
5.
That the period stipulated in the contract has already expired but
defendant refused and still refuses to vacate the property, in spite of repeated demands to
vacate, the last of which was served on him on September 6, 1997.
6.
That as a consequence of defendants refusal to vacate plaintiffs property,
the latter has suffered, by way of damages; of at least P35.000 pesos as unpaid rentals
above all legal claims;
7.
That the plaintiff and the defendant do not live in the same municipality,
neither do the barangay in which they reside adjoin one another, hence there is no need to
refer the matter for barangay conciliation.
WHEREFORE, plaintiff prays for judgment in his favor ordering defendant to
vacate the premises and to return the possession thereof to plaintiff plus costs, and other
remedies which are just and proper under the premises.
Manila, Philippines. September 28, 1997.
OPQ
Counsel for Plaintiff
RST Bldg., Manila
PTR. No. 14345
IBP OR. NO. 0321
VERIFICATION
A, herein plaintiff, upon first being duly sworn in accordance with law, hereby
depose and say that he has caused the filing of the above complaint and that the
allegations therein are true and correct.
A
Plaintiff
Certification of No-Forum Shopping

1996 BAR EXAMINATION

Question No. 1:
1)

Define legal ethics

2)

What is the significance of lawyer's oath?

Answer:
1)
Legal Ethics is that branch of moral science which treats of the duties
which an attorney owes to the court, his client, to his colleagues in the profession, and to
the public.
2)
The significance of the oath is that it not only impresses upon the attorney
his responsibilities but it also stamps him as an officer of the court with rights, powers and
duties as important as those of the judge themselves. The oath of a lawyer is a condensed
code of legal ethics. It is a source of his obligation and its violation is a ground for his
suspension, disbarment or other disciplinary action". (Agpalo. Legal Ethics, 5th ed., p.59)

Question No. 2:
1)
The Code of Professional Responsibility is to lawyers, as the Code of
Judicial Conduct is to members of the bench.
How would you characterize the relationship between the Judge and a lawyer?
Explain.
2)

Generally, only those who are members of the bar can appear in court.

Are there exceptions to this rule? Explain

3)
Should a lawyer accept a losing case: (a) in a criminal case; (b) in a civil
case. Explain.

Answer:
1)
The Code of Professional Responsibility requires lawyers to observe and
maintain respect for judicial officers (Cannon 11). On the other hand, the Code of Judicial
Conduct requires judge to be patient, attentive and courteous to lawyers (Rule
3.uoj. In a word, lawyers and judges owe each other mutual respect and courtesy.

Alternative Answers:
a)
The relationship between a judge and a lawyer must be based on
independence and self-respect. He must neither be a mindless fawning slave of the judge,
nor must he take an attitude of hostility towards the Judge. The lawyer must maintain
toward the court a respectful attitude and to uphold and protect the dignity of the court.
b)
Being an officer of the court, the first and foremost duty of the lawyer is to
the court. He is bound to obey lawful orders and decisions of the court. Like the court
itself, the lawyer is an instrument to advance the ends of justice. Should there be a conflict
between the duty to his client and that of the court, he should resolve the conflict against
his client and obey the lawful orders of the court. On the other hand, judges should be
courteous and impartial to counsel. To maintain impartiality, the judge should not
associate too much with lawyers.
2) The exceptions to the rule that only those who are members of the bar can
appear in court are the following:
a)
In the municipal trial court, a party may con-duct his litigation in
person or with the aid of an agent or friend (Sec. 34. Rule 138).
b)

In any other court, a party may conduct his litigation personally

[id.)
c)
In criminal proceedings before a municipal trial court in a locality
where a duly licensed member of the bar is not available, the court may in its
discretion admit or assign a person, resident of the province and of good repute
for probity and ability, to aid the defendant in his defense, although the person so
assigned is not a duly authorized member of the bar (Sec. 4. Rule 116).
d)
Any official or other person appointed or designated in accordance
with law to appear for the Government of the Philippines shall have all the rights of
a duly authorized member of the bar to appear in any case in which said
government has an interest direct or indirect (Sec. 33. Rule 138).
e)
A senior law student who is- enrolled in a recognized law schools
clinical education program approved by the Supreme Court may appear before
any court without compensation. to represent indigent clients accepted by the
Legal Clinic of the law school (Rule 138-A).
f)
Non-lawyers may appear before the NLRC or any Labor Arbiter if
they represent themselves or their labor organization or members thereof (Art.
222, Labor Code).
g)
Under the Cadastral Act. a non-lawyer can rep-resent a claimant
before the Cadastral Court (Sec. 9. Act. 2259).
(Note: We suggest that any four instances will be sufficient)

3.
a) A lawyer may accept a losing" criminal case. An accused is presumed to
be innocent until his guilt is proven beyond reasonable doubt by procedure recognized by
law. Rule 14.01 of the Code of Professional Responsibility provides that a lawyer shall not
decline to represent a person solely on account of the latters race, sex, creed or status of
life, or because of his own opinion regarding the guilt of said person. Otherwise innocent
persons might be denied proper defense.
b) A lawyer may not accept a losing" civil case. Firstly, his signature in every
pleading constitutes a certification that there is good cause to support it and that it is not
interposed for delay (Sec. 5. Rule 7, Rules of Court). Secondly, it is the lawyers duty to
counsel or maintain such actions or proceedings only as appear to him to be Just and such
defenses only as he believes to be honestly debatable under the law (Sec. 20 (a), Rule 138,
Rules of Court). Thirdly, he is not to encourage either the commencement or continuance
of an action or proceeding or delay in any mans cause for any corrupt motive or interest
(Sec. 20 lg]. Rule 138). Fourthly, he must decline to conduct a civil cause or to make a
defense when convinced that it is intended merely to harass or injure the opposite party or
to work oppression or wrong (Canori 130, Canons of Professional Ethics). If a lawyer were
to accept a bad civil case, it will either be to exert his best efforts towards a compromise
or, if unsuccessful, to advice his client to confess Judgment.

Alternative Answer:
A lawyer may also accept a losing civil case provided that in so doing, he must not
engage in dilatory tactics and must advise his client about the prospects and the
advantage of settling a compromise in a case.

Question No. 3:
1)

Why is a lawyer also an officer of the court"? Explain.

2)
Is a lawyer (a) always a notary public: or (b) is a notary public always a
lawyer? Explain.

Answer:
1)
Lawyers are officers of the court" because they form part of the machinery
of the law for the administration of justice-(Hilado v. David. 84 Phil. 569). Under canon 12
of the Code of Professional Responsibility, the lawyer shall exert every effort and consider
it his duty to assist in the speedy and efficient administration of justice.
2.
a) A lawyer is not always a notary public. In order to be a notary public, he
has to be issued a commission by the Executive Judge of the Court of First Instance (now
Regional Trial Court) where he has applied for such commission (Adm. Order No. 6. June
30. 1975).
b) On the other hand, a notary public need not be a lawyer. Sec. 233 of the Revised
Administrative Code provides that persons who have completed and passed the study of

law in a reputable school or university, or who have passed the examinations for office of
justice of the peace or clerk or deputy clerk of court for a period of not less than two years,
may also be appointed notaries public. In municipalities and municipal districts where
there are no lawyers or persons having the qualifications above specified, or having them.,
refused to hold such office, the judges may appoint other persons temporarily to exercise
the office of notary "public who have the qualifications of fitness and morality.

Question No. 4:
1)
Atty. Z, a notary public commissioned in Quezon City, attended a wedding
at Makati. B requested Z to notarize a deed of sale executed between X and Y who were
both in Baguio City. Atty. Z who has a portable notarial seal, notarized the document.
Subsequently, X assailed the document alleging that his signature thereon was falsified. X
filed a case for disbarment against Atty. Z.
a)

What is the liability of Atty. Z. if any? Explain.

b)

Where should the complaint for disbarment be filed?

2)
Congresswoman C is a senior partner in a law firm. Although C no longer
appears in court, she advises clients and corrects the pleadings of her assistants. A political
opponent lodged a complaint with the House Committee on Ethics contending that
Congresswoman C is prohibited by the Constitution to practice law.
Will the complaint prosper? Explain.

Answer:
1.
a) Atty. Z may be held criminally liable for violating Article 171
(Falsification by Public Officer) of the Revised Penal Code, by making it appear that X and
Y appeared and acknowledged having executed the deed of sale before him, when in fact
they did not so appear or acknowledged. He may also be administratively liable for not
obeying the laws of the land (Canon 1, Code of Professional Responsibility). Moreover,
his jurisdiction as notary is only in Quezon City.
b)
The Complaint for disbarment may be filed with the Supreme Court or with
the Board of Governors of the Integrated bar of the Philippines, or with the IBP chapter of
which Atty. Z is member (Rule 139-B-, Rules of Court).
2)
The complaint will not prosper. Section 14, Article IV of the Constitution
provides that No senator or member of the House of Representatives may personally
appears as counsel before any court of justice or before the electoral tribunals, or quasijudicial and other administrative bodies. What is prohibited is personal appearance."
Since the practice of law covers a wide range of activities senators and congressmen are
allowed to engage in the other aspects of legal practice such as the giving of legal advice
to clients (Pineda, Legal & Judicial Ethics, 1995 ed., p. 20). However, he should not sign
any pleading.

Question No. 5:
1)
Talbog, a small town, has only two practicing lawyers. Jose, a good friend
of Judge M, requested the latter to notarize a deed of sale for his farmlot, because the two
lawyers of their town charged exorbitant fees. Judge M notarized the document and
charged P 10.00 as fee. The two lawyers complained to the Supreme Court.
a)

Will their complaint prosper? Explain.

b)

Can Judge M charge a fee?

2)
Atty. X was retained by E in a case for violation of BP 22 filed by B before
the scheduled hearing, Atty. X assured B that E would pay the value of the dishonored
check. Elated at the prospect of being paid, B wined and dined Atty. X several times. Atty.
X convinced B not to appear at the scheduled hearings. Due to non-appearance of B, the
estafa case was dismissed for failure to prosecute. B, however, was never paid. Thus, she
filed a case for disbarment against Atty. X.
Does the conduct of Atty. X constitute malpractice? Explain.

Answer:
1.
a) The complaint will prosper. Circular No. 1-90 of the Supreme Court
provides that Municipal Circuit Trial Court judges may act as notaries public ex officio only
in the notarization of documents connected with the exercise of their official functions
and duties. They may not, as notaries public ex officio, undertake the preparation and
acknowledgment of private documents, contracts and other acts of conveyances which
bear no direct relation to the performance of their functions as judges. As an exception.
MTC and MCTC judges assigned to municipalities or circuits with no lawyers or notaries
public may, in their capacity as notaries public ex officio, perform any act within the
competency of a regular notary public, provided that (1) all notarial fees charged shall 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. In this case, there were two lawyers available
in the municipality, only that they were charging exorbitant fees, which is not an exception
to the general rule.
b)
As can be seen from Circular No. 1-90 above, the judge, if allowed to
perform the functions of a regular notary, may charge a fee, but such fee shall be for the
account of the government and turned over to the municipal treasurer.
2)
Yes, the conduct of Atty. S constitutes malpractice. A lawyer owes candor,
fairness and good faith to the court. He shall not do any falsehood or shall be mislead or
allow the court to be misled by any artifice. He owes loyalty to his client. In a case
involving similar facts, the Supreme Court found that the lawyer concerned obstructed the
administration of justice and suspended him for two years (Cantome u. Ducusin, 57 Phil.
20).

Question No. 6:
1)

May a law firm use tne name of a deceased partner? Qualify.

2)
Y hires the services of Atty. Z in a case where Y is accused of rape. Atty. Z,
however, firmly believes that Y is guilty of the crime of rape.
If you were Atty. Z, would you still accept the case? Explain.

Answer:
1)
Rule 3.02 of the Code of Professional Responsibility provides in part that
"The continued use of the name of a deceased partner is permissible provided that the
firm indicates in all its communications that said partner is deceased". However, several
justices of the Supreme Court dissented from this rule.
2)
I would still accept the case. It is not forme to judge that Y is guilty of the
crime. The law presumes him to be innocent, and is entitled to an acquittal unless his guilt
is proven beyond reasonable doubt with due process of law. The lawyer's work is to see to
it that due process of law is observed. Otherwise, many accused will be defenseless.
Question No. 7:
1)
In a hearing before the Court of Tax Appeals. Atty. G was invited to appear
as amicus curiae. One of the Judges hearing the tax case is the father of Atty. G. The
counsel for the respondent moved for the inhibition of the judge in view of the father-son
relationship.
Is there merit to the motion? Decide.
2)
A group of businessmen formed a corporation, the primary purpose of
which is to furnish legal advice and service to subscribers as a collection agency. To
accomplish this purpose, the group planned to employ a staff of lawyers to initiate and
prosecute collection suits entrusted to it by its clients. The SEC denied registration of the
corporation on the ground that it was disqualified to practice law.
Is the SEC correct? Discuss briefly.

Answer:
1)
There is no merit to the motion. Rule 3.12 of the Code of Judicial Conduct
provides that A judge should take no part where the judge's impartiality might reasonably
be questioned." Among the instances for the disqualification of a judge is that he is related
to a party litigant within the sixth degree or to counsel within the fourth degree of
consanguinity or affinity. But this refers to counsel of the parties. An amicus curiae is
supposed to be an experienced and impartial attorney invited by the court to appear and
help in the disposition of issues submitted to it. He represents no party to the case. There

is. therefore, no ground to fear the loss of the judge's impartiality in this case if his son is
appointed amicus curiae.

Alternative Answer:
Yes. There is merit in the motion. Although Atty. G was appearing only as amicus
curiae, his opinion may influence the decision of one of the judges who is his father. Rule
137, par. 1 of the Rules of Court does not distinguish whether the lawyer who is related to
the judge within the fourth degree is appearing as amicus curiae or hired counsel.
2)
The SEC is correct. It is well settled that a corporation cannot engage in the
practice of law. Only a natural person may be admitted to the practice of law (Sec. 1, Rule
138, Rules of Court). A corporation cannot perform the conditions required for
membership in the bar, such as possession of good moral character. A corporation cannot
practice law directly or indirectly by employing a lawyer to practice for it or to appear for
others for its benefit.
Question No. 8:
1)
May a judge be disciplined by the Supreme Court based solely on a
complaint filed by the complainant and the answer of respondent Judge? If so, under what
circumstances? What is the rationale behind this power of the Supreme Court?
2)
A Judge of the Regional Trial Court, notwithstanding the fact that he was
facing criminal charges at the time he obtained his appointment, did not disclose the
pendency of the cases either to the President or to the Supreme Court. He claims that: (a)
he enjoys presumption of innocence in the pending criminal cases; (b) that the said cases
even if sustained after trial do not involve moral turpitude; and (3) before an
administrative complaint based on a criminal prosecution can be given due course there
must be a conviction by final Judgment.
May the Judge be considered as an undeserving appointee and therefore be
removed from his office?

Answer:
1)
A judge may be disciplined by the Supreme Court based solely on the basis
of the complaint filed by the complainant and the answer of the respondent judge, under
the principle of res ipsa loquitur. The Supreme Court has held that when the facts alleged
in the complaint are admitted or are already shown on the record, and no credible
explanation that would negate the strong inference of evil intent is forthcoming, no
further hearing to establish such facts to support a judgment as to culpability of the
respondent is necessary (In Re: Petition for dismissal of Judge Dizon. 173 SCRA 719).
2)
He may be considered as undeserving and removed from office. This
problem falls squarely under the decision of the Supreme Court in the case of Court
Administrator v. Estacion. 181 SCRA 33, wherein a complaint was filed concerning the
appointment of a Regional Trial Court judge notwithstanding the fact that he was then

facing criminal charges for homicide and attempted homicide. The Judge also claimed
that (a) he enjoys the presumption of innocence, (b) the said cases, even if sustained, do
not involved moral turpitude, and (c) before an administrative complaint based on a
criminal prosecution is given due course, there must be a conviction by final judgment.
The Supreme Court held:
The argument that he had not yet been convicted and should be presumed
innocent is beside the point, and so is the contention that the crimes of homicide
and attempted homicide do not involve moral turpitude. The important
consideration is that he had a duty to inform appointing authority and this Court of
the pending criminal charges against him to enable them to determine on the basis
of his record, eligibility for the position he was seeking. He did not discharge that
duty. His record did not contain the important information in question because he
deliberately withheld and thus effectively hid it. His lack of candor is as obvious as
his reason for suppression of such vital fact, which he knew would have been taken
into account against him if it had been disclosed.
As stressed in the report, it behooves every prospective appointee to the
judiciary to apprise the appointing authority of every matter bearing on his fitness
for judicial office, including such circumstances as may reflect on his integrity and
probity. These are qualifications specifically required of appointees to the judiciary
under Article VIII, Sec. 7 (3) of the Constitution. The fact alone of his concealment
of the two criminal cases against him is clear proof of his lack of the said
qualifications and renders him unworthy to sit as a Judge."
The respondent Judge was accordingly removed from office.

Question No. 9:
1)
In a homicide case, Atty. M was appointed by the Court as counsel de
oficio for F, the accused. After trial, F was acquitted. Atty. M sent F a bill for attorneys fees.
a)

Can F be compelled to pay? Explain.

b)
Can F employ a counsel de parte to collaborate with Atty. M, his counsel
de oficio? Explain.
2)
In a murder trial. Judge T asked searching questions of all the witnesses for
the accused prompting Atty. O, counsel of the accused, to request Judge T to desist from
acting as counsel for the prosecution. The Judge, however, reminded Atty. O that she
wanted to determine whether the accused was guilty of the crime charged.
Is it proper for Judge T to take an active part on the examination of the accused's
witnesses?

Answer:

1.
a) No, F may not be compelled to pay attorneys fees. A counsel de officio is
a lawyer appointed to render professional services in favor of an indigent client. In the
absence of a law allowing compensation, he cannot charge the indigent litigant for his
professional services. One of the obligations which the lawyer assumed when he took his
oath as a lawyer is to render free legal services when required by the law to do so. The
Rules of Court provides a token compensation for an attorney de officio to be paid by the
state.
b)
He may do so, but if he can afford to employ a counsel de parte, then he is
no longer indigent and will not need a counsel de officio. The latter can withdraw as his
counsel if he chooses to.
2)
No, it is not proper. Rule 3.06 of the Code of Judicial conduct provides that
While a judge may, to promote justice, prevent waste of time or clear up some obscurity,
properly intervene in the presentation of evidence during the trial, it should always be
borne in mind that undue interference may prevent the proper presentation of the cause
or the ascertainment of truth." The intervention of the judge in a case must be done with
considerable circumspection. It must be done sparingly and not throughout the trial,
which will have the effect of or will tend to build or bolster the case for one of the parties.
The reason for this rule is that the judge should not only be impartial but also appear to be
impartial.

Question No. 10:

1)
Judge P decided an annulment of title suit In favor of A. After the decision
had become final and executor, A sold the property to a realty firm. Judge P, a good friend
of the owner of the realty firm, purchased two lots in the property at a substantial
discount.
a)
Did Judge P violate any provision of the Civil Code with respect to the
purchase of a litigated property?
b)

Did Judge P go against any provision of the Canons of Judicial Ethics?

2)
Justice C recently retired. The parents of the victims of the OZONE Disco
tragedy retained him in the case for damages which they filed against the owners of the
Disco, Quezon City officials and Quezon City.
Can he appear as counsel for the victims' parents? Explain.
3)
Upon being replaced by Justice C. Atty. B, the former counsel of the
parents of the victims of the OZONE Disco tragedy, was directed to forward all the
documents in his possession to Justice C. Atty. B refused, demanding full compensation
pursuant to their written contract. Sensing that a favorable Judgment was forthcoming,
Atty. B filed a motion in court relative to his attorneys fees, furnishing his former clients
with copies thereof.

Is Atty. B legally and ethically correct in refusing to turn over the documents and in
filing the motion? Explain.

Answer:
1.

a) Article 1491 of the Civil Code provides as follows:

Art. 1491. The following persons cannot acquire by purchase, even at a

public or Judicial auction, either in person or through the mediation of another:
X

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior

courts, and other officers and employees connected with the administration of
justice. the property and rights in litigation or levied upon an execution before the
court within whose jurisdiction or territory they exercise their respective function:
this prohibition includes the act of acquiring by assignment and shall apply to
lawyers, with respect to the property and rights which may be the object of any
litigation to which they may take part by virtue of their profession."
In the case of Macariola v. Asuncion, 114 SCRA 77. the Supreme Court held that
Article 1491 does not apply where the property was not acquired from any of the parties
to the case, or when the litigation is already terminated. In this case, Judge P bought the
property not from A but from a realty firm which was not a party to the case. Moreover, his
Judgment had already become final and executory, hence, the property was no longer in
litigation. There is no violation of Article 1491.
b)
However, in the same case, the Supreme Court held that while the
respondent judge may not have violated Art. 1491 of the Civil Code, still, it was improper
for him to have acquired the property concerned. He has violated Canon 3 of the Canons
of Judicial Ethics which requires that a judge's official conduct should be free from the
appearance of impropriety, and his personal behavior, not only upon the bench and in the
performance of judicial duties, but also in his everyday life, should be beyond reproach. It
was unwise and indiscreet of him to have acquired the subject property, because it gives
cause for doubt or mistrust in the uprightness of the administration of justice.
2)
Section 1 of Republic Act No. 910, as amended, provides that it is a
condition of the pension provided for herein that no retiring justice or judge of a court of
record or city or municipal judge during the time that he is receiving the said pension shall
appear before any court in any civil case wherein the government or any subdivision or
instrumentality thereof is the adverse party or in any criminal case wherein an officer or
employee of the government is accused of an offense committed in relation to his office,
or collect any fee for his appearance in any administrative proceedings to maintain an
interest adverse to the Government, national, provincial or municipal, or to any of its
legally instituted officers." Inasmuch as the case being offered to Justice C is a civil case
against not only the disco itself, but also against Quezon City and its officials, he will be
violating the aforesaid condition if he appears as counsel for the victim's parents in the
said case.

3)
Atty. B is legally and ethically correct in refusing to turn over the
documents. He is entitled to a retaining lien which gives him the right to retain the funds,
documents and papers of his client which have lawfully come to his possession until his
lawful fees and disbursement have been paid (Sec. 37, Rule 138. Rules of Court. Rule
16.03, Code of Professional Responsibility). Likewise, he is legally and ethically correct in
filing a motion in court relative to his fees. He is entitled to a charging lien 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
the records of the court rendering such judgment or issuing such execution (ibid.)

Question No. 11:

each.

1)

Distinguish between: a Jurat and Acknowledgment. Give an example of

2)
Z, who owns a house at 34 San Rafael Street. San Juan. Metro Manila,
leased the premises to O. who resides at 206 Palmera Street. Mandaluyong City, beginning
1 January 1996 to 30 December 1998, at P 10,000.00 a month, payable on or before the
5th of each month. Upon failure of the lessee to pay for 3 consecutive months, the
contract will be deemed automatically terminated.
Draft the contract of lease.

Answer:
1)
Jurat Is the form prescribed lor sworn statements or affidavits where no
rights of titles are transferred before a notary public. An example of Jurat is an affidavit
subscribed before a notary public or public official authorized for the purpose.
An acknowledgment is the form executed by the notary public stating that certain
document .transferring rights or property have been executed by the persons known to
him to be the same person, and that it was their free act, and voluntary deed. An example
is the acknowledgment in a deed of lease of land.
2)
DEED OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
That I, Z, Filipino citizen, residing at No. 37 Retiro, Quezon City, hereinafter known
as LESSOR is the owner of a house located at 345 San Rafael Street, San Juan, Metro
Manila more or less described as follows:
(Description of property...) that by virtue of these presents, I, Z, have agreed to
lease the aforesaid property to O, Filipino citizen, of legal age, residing at 201 Palmera St.,
Mandaluyong City, hereinafter known as the LESSEE.

That the conditions of the lease are:

1996.

1.

That the duration of the lease is from January 1. 1996 to December 30,

2.
That the LESSEE shall pay a monthly rental of P 10,000 payable on or
before the 5th of each month.
3.
That upon failure of the LESSEE to pay the rentals for three (3) consecutive
months, the contract is deemed automatically terminated:
IN WITNESS WHEREOF, we have hereunto set out signatures on this 28th day of
September 1996 in the City of Manila.
________________________
Z
Signed in the presence of:

_______________________
O

________________________
J

_______________________
R

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA
)

s.s.

On this 29th day of September 1996 in the City of Manila personally appeared
before me Z and O exhibiting to me their respective Community Tax Certificates No.
43210 and 21451 issued at Manila on January 15, 1996 and February 2, 1996 and TIN
45127-31 and 18279-10 tome known and known to me to be same persons who executed
the foregoing lease agreement and acknowledged to me that it is their free act and
voluntary deed.
X
NOTARY PUBLIC
My commission expires
Dec. 31. 1996
Doc. No. 2 :
Page No. 4 :
Book No. 5 :
Series of 1996.

Question No. 12:

1)
OnOctober5. 1994, S, with address at 211 Madison Street, Greenhills,
Metro Manila, a dealer of used cars, sold a 1989 Lancer to B, who resided at 24 Lontok
Street, Quezon City. A promissory note was executed by B promising to pay on or before
December30, 1995, the amount of P250.000.00 with interest of 36% per annum, aside
from attorney's fees in the sum of P20.000.00 in the event of litigation. After one year, B
failed to pay any amount prompting to demand full payment of vehicle. B refused,

contending that the payment was due In December 1995. S wants you to file a complaint
against B with instructions to recover the unpaid vehicle.
Prepare the appropriate pleading.
2)
Rey Carreon, who resided at 26 Real Street, Makati City, owns a market
stall at Shoppersville, Greenhills, Mandaluyong City. He leased it to Siony Beltran from 1
March 1993 to 1 March 1995 at a monthly rental of PI 5,000.00. Siony failed to pay for 6
months. Despite demands, Siony refused to pay. Rey wants to recover the premises.
Draft the requisite complaint, containing all the pertinent facts as outlined above.
3)
For failure to file an answer within the reglementary period, defendant L
was declared in default. Plaintiff presented his evidence ex-parte and thereafter, Judge G
rendered a decision in favor of plaintiff.
As counsel for defendant L, draft the appropriate motion to restore Ls standing in
court.

Answer:
1)
Republic of the Philippines
NATIONAL CAPITAL JUDICIAL
REGION REGIONAL TRIAL COURT
Makati City
S.
Plaintiff.
-versus-

Civil Case No. 1

B,
For: Sum of Money
Defendant.
X--------------------------------------X
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and to this
Honorable court respectfully alleges:
1.
That plaintiff S, of legal age. Filipino citizen, residing at 211 Madison
Street, Greeenhills, Metro Manila and B, defendant, of legal age, Filipino citizen residing
at 24 Lontoc Street. Quezon City, where he maybe served with summons;
2.
That on October 5, 1994, defendant purchased a 1989 Lancer car from the
plaintiff in the amount of P250.000.00 payable on or before December 30, 1995 with an

interest of 36% per annum; and that in the event of litigation, defendant shall pay
P20.000.00 as attorneys fees.
A copy of said promissory note is hereto attached.
3.

That after one year had expired, defendant failed to pay said promissory

note;
4.
That despite demands both written and oral, defendant failed to pay the
value of said promissory note forcing plaintiff to file this case engaging the services of
counsel in the amount P20.000.00.
WHEREFORE, it is respectfully prayed that after due trial, defendant be ordered to
pay the amount of P250.000.00 plus 36% interest until the amount is fully paid and
P20,000.00 as attorneys fees.
Makati City, September 1, 1996.
J
Counsel for Plaintiff
PTR OR. No. 6321. January 7. 1996
IBP OR No. 1265, January 7, 1996
2)
Republic of the Philippines
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY CITY COURT. Br. No. 1
REY CARREON
Plaintiff.
-versus-

For:

Ejectment

SIONY BELTRAN
Defendant,
X----------------------------------------X
COMPLAINT
COMES NOW, the plaLntiff in the above entitled case, through the undersigned
counsel and to this Honorable Court, respectfully alleges:
1.
That the plaintiff, of legal age. residing at 26 Real Street, Makati City, that
defendant is of legal age, residing at No. 2 Wilson. Makati where he may be served with
summons;

2.
That the plaintiff is the owner of a market stall at Shoppersville. Greenhills.
Mandaluyong City, which was leased to defendant on March 1, 1993 to March 1995 at a
monthly rental of PI5,000,00;
3.
That defendant failed to pay the monthly rentals for 6 months, and despite
written and oral demands to vacate, defendant failed to pay said rentals for 6 months in
the amount of P90.000.00;
4.
That due to the refusal of defendant to pay the rentals, plaintiff was
constrained to file the present action engaging the services of counsel, in the amount of P
10,000.00.
WHEREFORE, it is respectfully prayed that after due trial defendant be ordered to
pay the amount of P90.000.00 with legal interest and to vacate the premises.
Makati City, September, 24 1996.
Juan De La Cruz
Counsel for Plaintiff
PTRO.R. NO. 7755, January 10, 1996
IBP OR No. 7007, January 10, 1996
VERIFICATION
I, REY CARREON, am the plaintiff in the above-entitled case, have cause the above
complaint to be filed and the allegations thereof are true and correct.
REY CARREON
SUBSCRIBED AND SWORN TO before me this 29th day of September 1996 at the
City of Manila, affiant exhibited to me his Community Tax Certificate No. 01234 issued at
Manila on January 17. 1996
Rosalie R. Lamigo
Notary Public
My commission expires on Dec. 31, 1996
Doc. No. 1 :
Page No. 2 :
Book No. _4_;
Series of 1996.
3)
MOTION TO LIFT ORDER OF DEFAULT AND FOR NEW TRIAL

COMES NOW, L, defendant in the above-entitled case through the undersigned

counsel and to this Honorable Court respectfully alleges:
1.
That the summons issued by this court was served in an address which was
not the correct address of the defendant as he is now living in another city which is No. 5
San Andres, Manila:
2.
That the defendant was not duly informed about said complaint against
him, hence, he was not able to file the answer;
3.
That if properly served with the summons he will file his answer and has a
good and valid defense.
WHEREFORE, defendant respectfully prays the order of default issued by this
Honorable Court be lifted and he be allowed to file his answer and a new trial be held.
AB
Counsel for Plaintiff
PTRNo. 579, February 1. 1996
IBP No. 261, February 1. 1996
SUBSCRIBED AND SWORN TO before me, on this 29th day of September 1996 in
Manila, affiant exhibited to me his CTC No. 43210 issued at Manila on Feb. 1, 1996.
CD
Notary Public
My commission expires on Dec. 31, 1996
Doc. No.
Page No.
Book No.
Series of 1996
1995 BAR EXAMINATION

Question No. 1:
1.

Is the practice oflaw a right or a privilege? Discuss fully.

2.
Does the legislature have the power to regulate admission to the bar and
the practice of law? Discuss fully.

Answer:
1.
The practice of law is basically a privilege because it is limited to persons of
good moral character with special qualifications duly ascertained and certified. (5 Am. Jur.
270) Thus, only those persons are allowed to practice law, who by reason of attainments

previously acquired through education and study, have been recognized by the courts as
possessing profound knowledge of legal science. Attorneys are the courts constituency to aid it in the administration of justice. (Dodge v. State, 38 NE 745)

Additional Answer:
1.
However, Prof. Agpalo in his book has pointed out that practice of law is
also a right because a lawyer holds office during good behavior and he cannot be deprived
of the right to practice law except for misconduct ascertained and declared by judgment
of the court after observing due process.
2.
Congress under the 1987 Constitution has no power to regulate admission
to the Bar and the practice of law. Unlike the 1935 and 1973 Constitutions, the 1987
Constitution no longer provides for the power of the legislature to repeal, alter and
supplement the rules promulgated by the Supreme Court. Under the 1935 Constitution,
the legislature had the power to repeal, alter the rules promulgated by the Supreme Court
although the power and the responsibility to admit members of the bar resides in the
Supreme Court. (See In Re: Cunanan, 50 OG 1602) Under the 1987 Constitution however,
the Supreme Court has the exclusive power to promulgate rules concerning the
enforcement of rights, pleadings and practice and procedures of all courts and the
admission to the practice of law. (See Art. 8. Section 5, subpar. 3-5).

Alternative Answer:
2.
Agpalo has pointed out that the legislature, in the exercise of police power,
may enact laws regulating the practice of law to protect the public and promote public
welfare, but it may not pass a law that will control the Supreme Court in the performance
of its function to decide who may be admitted into the practice of law (Agpalo, Legal
Ethics. 5th Edition, p. 5). Constitutional Commissioner Joaquin C. Bemas also submits that
the matter stays as if the 1935 and 1973 provisions had been re-enacted (Bernas, The
Constitution of the Republic of the Philippines. 1992 ed., Vol. II. p. 293).

Question No. 2:
Evelyn, Luisa. Myra, Josefina, Pamela and Rose are bona fide members of the
Philippine bar. They agree to form a close corporation to be named LEGALCARE the
principal purpose of which is to provide clients legal services, research and advice as well
as trial advocacy for a fee." The services shall be rendered not only by these enterprising
pioneers of LEGALCARE but also by lawyers to be employed by the projected corporation
on regular monthly salary basis.
May LEGALCARE be legally incorporated? Discuss fully.

Answer:
A corporation can not engage in the practice of law even by hiring lawyers to
perform legal work. It has been held that only a natural person can engage in the practice
of law. A lawyer is burdened with peculiar duties and responsibilities. A corporation cannot

take an oath of office, be an officer of the court or subjected to court discipline: it cannot
engage in law practice directly, it cannot evade the requirements by( employing
competent lawyers to practice for it. (Matter of Cooperative Law Co., N.Y. 579). Hence,
LEGALCARE cannot be legally incorporated because the principal purpose involves the
practice of law.

Question No. 3:
Judge Roman Pulido, an incumbent RTC judge, ran for President of the Rotary Club
of Bacolor and won. His first project was to put up a livelihood center to help the lahar
victims. To raise funds he sent to the business community solicitation letters for
contributions. His rival in their club filed an administrative charge against Judge Pulido
alleging unethical conduct for socializing and being actively involved in an organization
the members of which are mostly practicing lawyers, and for soliciting contributions.
Are the grounds raised valid for the charge of unethical conduct? Discuss fully.

Answer:
Rules 5.01, Canon 5, of the Code of Judicial Conduct provides that:
Rule 5.01. A judge may engage in the following activities provided that they do
not interfere with the performance of judicial duties or detract from the dignity of the
court:
X
X
X
X
X
X
(c)

participate in civil and charitable activities:

(d)
serve as an officer, director, trustee, or non-legal adviser of a non-profit or
non-political, educational, religious. charitable, fraternal, or civic organization"
A Judge is not required to live in seclusion.
However, Section "t. Code of Judicial Ethics, provides that a judge should avoid
giving ground for reasonable suspicion that he is utilizing the power or prestige of his
office to persuade or coerce others to patronize or contribute to charitable enterprises.
Hence, while it is ethical for Judge Pulido to become President of the Rotary Club
of Bacolor, it would be unethical for him to send letters soliciting contributions from the
business community.

Question No. 4:
1.

What are the powers and duties of a notary public?

2.

What is the extent of the jurisdiction of a notary public?

3.

Who can revoke his notarial commission?

Answer:
1.
Every notary public shall have power to administer all oaths and
affirmations provided for by law, in all matters incidents to his notarial office, and in the
execution of affidavits, depositions, and other documents requiring an oath; to receive the
proof or acknowledgment of all writings relating to commerce or navigation, such as bills
of exchange, bottomries, mortgages, and hypothecactions of ships, vessels, or boats,
charter parties or affreightments, letters of attorney, deeds, mortgages, transfers and
assignments of land or buildings, or an interest therein, and such other writings as are
commonly proved or acknowledged before notaries; to act as a magistrate in the writing
of affidavits or depositions, and to make declarations and certify the truth thereof under
his seal of office, concerning all matters done by him by virtue of his office. (Sec. 241,
Notarial Law)
The duties of a notary public are the following:
1.

To keep a notarial register;

2.

To make the proper entry or entries in hl^ notarial register touching his
notarial acts in the manner required by the law;

3.

To send the copy of the entries to the proper clerk of court within the first
10 days of the month next following;

4.

To affix to acknowledgments the date of expiration of his commission, as

required by law;

5.

To forward his notarial register, when filled, to the proper clerk of court;

6.

To make report, within a reasonable time, to the proper judge concerning

the performance of his duties, as may be required by such judge;

7.

To make the proper notation regarding residence certificates. (Sec. 247,

Rev. Adm. Code)

2.
The Jurisdiction of a notary public in a province shall be co-extensive with
the province. The jurisdiction of a notary public in the City of Manila shall be co-extensive
with said city. No notary shall possess authority to do any notarial act beyond the limits of
his jurisdiction. (Sec. 240, Rev. Adm. Code)
3.
The notarial commission may be revoked by the Executive Judge of the
Regional Trial Court who issued the commission or by the Supreme Court itself.
Question No. 5:
Winnie retained the services of Atty. Derecho to file a collection case against
Carmen. Winnie paid Atty. Derecho a sizeable retainer's fee which the latter accepted.
Later, in the process of determining the amount of debt to be collected from Carmen,

Atty. Derecho noticed that of the total claim of 8.5 Million, certain invoices covering 3.5
Million appeared to be Irregular. Winnie while admitting the irregularity assures her
lawyer that there would be no problem as Carmen was by nature negligent in keeping her
records and would not notice the mistake anyway. Atty. Derecho tried to convince Winnie
to exclude the amount of 3.5 Million but Winnie refused. As a consequence Atty. Derecho
terminated their relationship and withdrew from the case.
Was Atty. Derecho right in terminating their relationship and withdrawing from
the case? How about the fact that he had already accepted a sizeable retainers fee from
his client? Discuss fully.

Answer:
Atty. Derecho was right in terminating the lawyer-client relationship and
withdrawing from the case. Rule 22.01 of the Code of Professional Responsibility provides
that a lawyer may withdraw his services when the client pursues an illegal or immoral
course of conduct in connection with the matter he is handling, or when the client insists
that the lawyer pursue conduct violative of the canons and rules. Rule 15.07 provides that
a lawyer shall impress upon his client compliance with the laws and the principles of
fairness. While he owes his client warm zeal, it should always be within the bounds of the
law (Canon 19. Code of Professional Responsibility).
The fact that Atty. Derecho had already accepted a sizeable retainers fee should
make no difference on his decision to withdraw. Moreover, he may retain the fees he has
already received, his withdrawal being justified (Pineda. Legal & Judicial Ethics. 1994
edition, p. 223), unless the same is unconscionable.

Question No. 6:
Harold secured the services of Atty. Jarencio to collect from various debtors.
Accordingly. Atty. Jarencio filed collection cases against the debtors of Harold and in fact
obtained favorable Judgments in some. Atty. Jarencio demanded from Harold his
attorneys fees pursuant to their agreement but Harold refused. When one of the
defendants paid his indebtedness of 20,000.00 through Atty. Jarencio, the latter refused to
turn over the money to Harold; instead. Atty. Jarencio applied the amount to his attorneys
fees having in mind the provisions of the Civil Code on legal compensation or set-off to
Justify his act.
Was Atty. Jarencio correct in refusing to turn over to his client the amount he
collected? Discuss fully.

Answer:
A lawyer has a retaining lien which entitled him to retain possession of a clients
document, money or other property which come into the hands of the attorney
professionally, until the general balance due him for professional services is paid. Under
Rule 138, Section 37 of the Rules of Court, the attorney cannot be compelled to surrender
the documents in his possession without prior proof that his fees have been duly satisfied.

However, Atty. Jarencio here cannot appropriate the sum of 20,000.00. If there is
a dispute between him and Harold as to the amount of the fees that he can collect, what
he should do if Harold disputes the amount of the fees he is entitled, he must file an action
for the recovery of his fee or record a charging lien so that the court can fix the amount to
which he is entitled.

Question No. 7:
1.

Is pro se practice allowed in the Philippines? Explain.

2.
May a lawyer who has been disbarred appear in court to defend himself in a
criminal case? Explain.

Answer:
1.

Yes. Section 34, Rule 138 of the Revised Rules of Court provides as follows:

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.
2.
By virtue of the above provision, a lawyer who has been disbarred may
appear in court to defend himself in a criminal case.

Question No. 8:
1.
At the pre-trial of a civil case for collection, one of the parties mentioned
that he expected to settle his obligation as he was investing in some stocks of a realty
corporation that were sure to soar in the market because of some confidential information
he obtained from his brother-in-law, a top-rank officer of the corporation. Upon hearing
the information the judge lost no time in buying stocks in the realty corporation and as
predicted made a lot of money.
Is the judge guilty of unethical conduct? Discuss fully.
2.
In an intestate estate proceeding a petition for the issuance of letters of
administration in favor of an RTC judge was filed by one of the heirs. Another heir opposed
the petition on the ground that the judge was disqualified to become administrator of the
estate as he was the first cousin of the deceased. The petitioner however argued that the
judge was not disqualified as the case was not pending before him.
Rule on the petition. Discuss fully.
Answer:

1.
Yes. Rule 5.05 of the Code of Judicial Conduct provides that No
information acquired in a judicial capacity shall be used or disclosed by a judge in any
financial dealing or for any other purpose not related to judicial activities." The judge in
this case has violated the foregoing rule, and acted unethically.
2.
Rule 5.06 of the Code of Judicial Conduct provides f 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 Judicial duties. Members of
immediate family shall be limited to the spouse and relatives within the second degree of
consanguinity". Under the foregoing rule, the petition should be denied. The Judge should
not be appointed administrator of the estate of his first cousin, who is not a relative within
the second degree of consanguinity.

Question No. 9:
Renato Adorable, Registrar of Land Titles and Deeds, and Olivia Perez were
charged with falsification of public document. The complaining witness claimed that he
was dispossessed of his ancestral home through the fraudulent acts of Renato and Olivia.
Halfway through the presentation of the evidence for the prosecution the lawyer of
Renato withdrew his appearance thus forcing Renato to seek the assistance of the Office
of the Solicitor General (OSG) to defend him he being a government official. But the OSG
refused the request.
Can the OSG be compelled to defend Renato Adorable? Discuss fully.

Answer:
The OSG cannot be compelled to defend Renato Adorable. The OSG is not
authorized to represent a public official at any state of a criminal case (Urbano v. Chavez,
183 SCRA 347). The Office of the Solicitor General is the appellate counsel of the People
of the Philippines in all criminal cases. It is supposed to take a stand against the accused in
case of an appeal from a judgment of conviction. How can it do so if it represented the
accused in the trial of the case. There would be a clear conflict of interest. Moreover, the
accused public official should not expect the State, through the Office of the Solicitor
General, to defend him for a wrongful act which cannot be attributed to the State itself. A
public official who is sued in a criminal case is actually sued in his personal capacity
inasmuch as his principal, the State, can never be the author of a wrongful act, much less
commit a crime.

Question No. 10:

Comment on the propriety of the acts of the municipal judge who prepared and
notarized the following documents:
(a)

a deed of absolute sale executed by two of his friends;

(b)

an extrajudicial settlement of estate of his cousins;

(c)

a memorandum of agreement between a build-ing contractor and a

neighboring municipality;

(d)

a memorandum of agreement between another private contractor and the

municipality where he sits as judge.

Answer:
Municipal Judges may not engage in notarial work except as notaries public exofficio. As notaries public ex-officio, they may engage only in notarization of documents
connected with the exercise of their judicial functions. They may not. as such notaries
public ex-officio, undertake the preparation and acknowledgment of private documents,
contracts and other acts of conveyance, which bear no relation to the performance of their
functions as judges.
However, taking judicial notice of the fact that there are still municipalities which
have neither lawyers nor notaries public, the Supreme Court ruled that MTC and MCTC
Judges assigned to municipalities or circuits with no lawyers or notaries public may, in
their capacity as notaries public ex-officio, perform 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 to the municipal treasurer and (2) certification be made in the
notarized documents attesting to the lack of any lawyer or notary public of such
municipality or circuit (Balayon, Jr. vs. Ocampo, 218 SCRA 13. 23).
On the basis of the foregoing, I would say that the propriety of the actuations of
the municipal judge in this problem depends on whether or not there are notaries public
available in his community. If there are notaries available, his acts are improper. Otherwise
they are proper, provided that the two conditions mentioned above are complied with.

Question No. 11:

After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer Ng, persuaded
defendant Doris Dy to enter into a compromise agreement with the plaintiff without the
knowledge and participation of defendants counsel, Atty. Jess de Jose. Doris acceded and
executed the agreement. Therein Doris admitted her obligation in full and bound herself
to pay her obligation to Jennifer at 40% interest per annum in ten (10) equal monthly
installments. The compromise agreement was approved by the court.
Realizing that she was prejudiced, Doris Dy filed an administrative complaint
against Atty. Hilado alleging that the latter prevented her from consulting her lawyer Atty.
de Jose when she entered into the compromise agreement, thereby violating the rules of
professional conduct. Atty. Hilado countered that Doris Dy freely and voluntarily entered
into the compromise agreement which in fact was approved by the court.
1.
Did Atty. Hans Hilado commit malpractice and grave misconduct as a
lawyer? Explain.

2.
Was it proper for the judge to approve the compromise agreement since
the terms thereof were Just and fair even if counsel for one of the parties was not
consulted or did not participate therein? Explain.

Answer:
1.
Atty. Hilado committed an act of malpractice. Rule 8.02 of the Code of
Professional Responsibility provides that a lawyer shall not directly or indirectly encroach
upon the professional employment of another lawyer". Canon 9 of the Code of
Professional Ethics states that a lawyer should not in any way communicate upon the
subject of a controversy with a party represented by a counsel; much less should he
undertake to negotiate or compromise the matter with him, but should deal only with his
counsel. Under similar facts, the lawyer concerned was suspended for committing acts
constituting malpractice and grave misconduct (Likong v. Lim, 235 SCRA 414).
2.
It was not proper for the Judge to approve the compromise agreement
without the participation of the lawyer of one of the parties, even if the agreement was
Just and fair. Even if a client has exclusive control of the cause of action and may
compromise the same, such right is not absolute. He may not, for example, enter into a
compromise to defeat the lawyers right to a just compensation. Such right is entitled to
protection from the court.
NOTE: IN THE FOLLOWING PRACTICAL EXERCISES. DO NOT USE YOUR NAME.
USE FICTITIOUS NAMES.

Question No. 12:

In a life insurance company for P2 Million issued by Bayad-Agad Insurance
Company (BAYAD-AGAD) to insured Resty Impis, the primary beneficiary designated is
simply wife". After Resty Impis died, Nora Impis and Lenny Impis, each claiming to be the
wife of Resty, filed their respective claims for the insurance proceeds. BAYAD-AGAD is at a
loss as to whom to pay and decides to bring the matter to court.
Draft the necesary pleading as counsel for BAYAD- AGAD.

Answer:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
QUEZON CITY BRANCH 91
BAYAD-AGAD INSURANCE CO.,
Plaintiff,
-versus-

Civil Case No. 10023

For Interpleader

NORA IMPIS and LENNY IMPIS,

Defendants.
X-------------------------------------X
COMPLAINT
PLAINTIFF, through counsel, alleges:
1.
That plaintiff. BAYAD-AGAD INSURANCE CO.. is an insurance company,
duly authorized and existing under the laws of the Republic of the Philippines, with
principal office at B_A.I. Bldg., Quezon Ave., Quezon City and defendants NORA IMPIS
and LENNY IMPIS, both of legal age, Filipino, and residents of 35 Masikap St. Quezon City,
and 25 Matalino St. Quezon City, respectively;
2.
That on June 15. 1993, Resty Impis took a life insurance policy for P2
Million from the plaintiff and that the primary beneficiary designated is simply wife";
3.

That said Resty Impis died intestate on July 1, 1995;

4.
That both defendants, claiming to be the wife of Resty Impis, filed their
respective claims with the insurance company;
5.
That plaintiff is ready, willing and able to pay the proceeds of such
insurance policy; however, it has no means of knowing definitely to whom as to the two
defendants, payment should be made;
6.
That defendants should Interplead and litigate their conflicting claims to
the insurance proceeds.
WHEREFORE, it is respectfully prayed that judgment issue:
1.
Ordering defendants to interplead and litigate their conflicting claims
between them.
2.
Ordering the payment of the life insurance proceeds to this Court, and
considering said payment as made to whomever of the defendants is entitled to the
same.
3.

Ordering costs and other fees to the defendants.

Quezon City. September 24. 1995.

Mercado and Associates
Counsel for Plaintiff
Magnum Towers, Ortigas Centre
Pasig, Metro Manila
PTR OR No. 17243
Pasig. M.M.. January 10. 1995

IBP OR No. 0676

Pasig, M.M., March 21, 1995

Question No. 13:

Prepare an Information charging two accused one of whom is 14 and the other is
16, with violation of P.D. 532 (Highway Robbery) for having snatched from the
complaining witness a gold necklace worth 2.000.00.

Answer:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT NATIONAL CAPITAL REGION
CITY OF MANILA BRANCH 9
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

CRIMINAL
CASE No.
For Highway Robbery

100321

PEDRO SANTOS and JUAN MAGNO,

Defendants,
X--------------------------------------X
INFORMATION
The undersigned accuses PEDRO SANTOS and JUAN DELA CRUZ, of the crime of
Highway Robbery committed as follows:
That on or about September 1,1995, in Quiapo. Manila, and within the jurisdiction
of this Honorable Court, said accused confederating and confabulating with each other
did then and there wilfully, unlawfully and feloniously, with intent to gain, and the use of
force, violence and intimidation to wit: while inside a public utility jeepney plying the
Quiapo- Cubao route, accused Pedro Santos, 16 years old, pointed a gun at Maria Sison,
and taking advantage of the situation, accused Juan Magno, 14 years old, who acted with
discernment, snatched, steal and carry away therefrom, without her consent, the necklace
of said said witness valued at P2,000, Philippine Currency, to the damage and prejudice of
the witness in the said sum.
Contrary to law.
Manila, Philippines, September 24. 1995
INOCENCIO CRUZ
Assistant City Prosecutor

I hereby certify that a preliminary investigation was conducted by me, according to

law; that there is reasonable ground to believe that a crime was committed and the
accused is probably guilty thereof.
INOCENCIO C. CRUZ
Assistant City Prosecutor

Question No. 14:

You are the owner of a wall which separates your property from that of your
neighbor. You make an opening on the wall to allow light to enter your property and enjoy
the view through the estate of your neighbor.
Prepare a notarial prohibition to be sent to your neighbor to forbid him from doing
any act which would prevent light from entering your property through the opening and
obstruct your view in order to acquire a negative easement of light and view.

Answer:
To:

TOMAS
REYES
57 Matalino St..
Quezon City
Greetings!

You are hereby notified that I have made an opening on my wall which separates
my property from your property located at 55 Matalino St., Quezon City, to allow light to
enter my property and to enjoy the view through your estate. In this connection, you are
hereby enjoined from building or constructing anything on your said estate that would
prevent the light from entering through the said opening or obstruct my view therefrom.
EDUARDO A. LOPEZ
55 Matalino St., Quezon City
SUBSCRIBED AND SWORN to before me at Quezon ( City. Philippines, this 24th
day of September 1995, affiant exhibiting to me his community tax certificate no. 12345.
issued at Quezon City, on March 12. 1995.
JOSE SANTOS
Notary public
Until December 31. 1995.
P.T.R. No. 3012
Quezon City. January 10,1995.
Doc. No. 23
Page No. 24
Book No. II
Series of 1995.

Question No. 15:

Draft a notice of pre-trial conference.

Answer:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT NATIONAL CAPITAL REGION
CITY OF MANILA BRANCH 7
JUAN DE LA CRUZ,
Plaintiff,
- versus -

CIVIL CASE NO. C - 1774

PEDRO O. SANTOS,
Defendant,
X--------------------------X
ORDER
Issues being joined in this case, the Pre-Trial Conference under Section 1. Rule 20
of the Rules of Court, in relation to Circular No. 1 - 89 of the Supreme Court, is set for
October 30. 1995, at 8:30 a.m.
Counsels are instructed to notify their respective clients.
Counsels are also reminded of the mandatory filing of Pre-Trial Briefs at least 3
days before the Pre-Trial date.
SO ORDERED.
Given this 24th day of September, 1995 at the City of Manila. Metro Manila.
JAIME DG. RAMOS
Judge
Copy furnished:
1.

Falible Law Offices

Suite 303, Pacia Complex
Binondo, Manila

2.

Arrieta, Samano and Valencia

Rm. 777. Marilag Condominium
Mandaluyong City. Metro Manila

IMPORTANT:

Please hand in your notebook with this questionaire inserted therein after folding
it in half crosswise.
NO NOTEBOOK WILL BE ACCEPTED WITHOUT THIS QUESTIONAIRE.
1994 BAR EXAMINATION

Question No. 1:
On the day of his arraignment, your client confided in you that he in fact killed the
victim for which he was being charged with murder. You had been led to believe initially
that he was just being framed and that another person had committed the crime.
1)
2)
pursue?

How would you advise your client to plead?

If he should refuse to heedyour advise, what course of action would you

Answer:
1)
I would first inquire fully into the circumstances under which he killed the
victim. If I find out that he is guilty as charged, I would advise him to plead guilty, after
explaining to him his constitutional rights and the import of plea of guilty.
2)
If he should refuse to follow my advice, I will still render effective legal
assistance to him. I will spare no effort to save him from an unrighteous conviction and to
present, by all fair and reasonable means, every defense or mitigating circumstance that
the law permits to the end that he may not be deprived of life or liberty but by due process
of law legally applied.

Question No. 2:
Atty. Aguirre, as counsel de oficio for Boy Batongbakal, was able to win an acquittal
for Boy who was charged with robbery in band. A year later, Atty. Aguirre discovered that
Boy in fact had a lot of money which he had been bragging was part of the loot in the
crime for which he was acquitted. Knowing that Boy could no longer be prosecuted on the
ground of double jeopardy, Atty. Aguirre sent him a bill for his services as his counsel de
officio.
Please give your reasoned comments on the ethical considerations involved, if any,
in the above case.

Answer:
A counsel de oficio is a lawyer appointed by the court to defend an indigent
defendant in a criminal case. The lawyer designated as counsel de officio cannot charge
the indigent litigant for his professional services. In a sense, there is no contract for legal

services between him and the defendant. In the absence of an express or implied contract,
there is no obligation to compensate. Suing his client for attorneys fees might also involve
a violation of the confidential nature of a lawyer-client relationship.

Question No. 3:
The law firm of Rodriguez. Delfin and Zafra had been in existence for almost 25
years and had built up an excellent reputation and a well-heeled clientele. Sometime last
year, partner Zafra died of coronary disease but Rodriguez and Delfin refused to drop his
name from the firm name.
May Rodriguez and Delfin insist on keeping the name of Zafra as part of the firm
name?

Answer:
Yes, they may continue to use the name of Zafra in the firm name, provided that
they indicate in all communications that he is deceased. Rule 3.02, Canon 3 of the Code of
Professional Responsibility provides that the continued use of the name of a deceased
partner is permissible provided that the firm indicates in all its communication that the
said partner is deceased.

Alternative Answer:
They may keep the name of Zafra provided that the consent of the heirs is
obtained.

Question No. 4:
During the course of his cross-examination, your client had testified to events and
circumstances which you personally know to be untrue. If his testimony was given
credence and accepted as fact by the court, you are sure to win your clients case. Under
the Code of Professional Responsibility, what is your obligation to:
a)

the court:

b)

your client;

c)

the public?

Answer:
a)
A lawyer shall not do any falsehood, nor consent to the doing of any in
court; nor shall he mislead or allow the court to be misled by any artifice (Rule 10.01,
Canon 10, Code of Professional Responsibility). A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate another (Rule 12.06, Canon 12);

b)
A lawyer who has received information that his client has. in the course of
the representation, perpetuated a fraud upon a person or tribunal, shall promptly call
upon his client to rectify the same, and failing which he has to terminate the relationship
with such client in accordance with the Rules of Court (Rule 19.02, Canon 19. Code of
Professional Responsibility).
c)
A lawyer shall not engage in lawful, dishonest, immoral or deceitful
conduct (Rule 1.01. Canon 1. Code of Professional Responsibility). A lawyer shall not
counsel or abet activities aimed at defiance of the law or at lessening confidence in the
legal system (Rule 1.02, Canon 1).

Question No. 5:
The client with whom you have a retainer agreement had not been paying you
contrary to your stipulations on legal fees, even as you continue to appear at hearings in
his case. A Judgment was finally rendered in your client's favor awarding him the real
property in litigation as well as a substantial amount in damages.
As the counsel who had not been paid, what steps can you take to protect your
interests?

Answer:
I will cause a charging lien for my fees to be recorded and attached to the
judgment insofar as it is for the payment of money in damages. Then, I will have the right
to collect my fees out of such judgments and executions issued in pursuance thereof.

Question No. 6:
A verified complaint for disbarment was filed against Atty. Cruz who was accused
of misappropriating funds belonging to the complainant. The matter was referred to the
IBP which forthwith conducted an investigation through its local chapter. During the
pendency of the investigation, the complainant filed an Affidavit of Desistance claiming
that Atty. Cruz had already reimbursed him for the funds which he had accused him of
unlawfully spending for his own use. Atty. Cruz moved for the dismissal of the complaint.
As the hearing officer, how will you act on the motion of Atty. Cruz?

Answer:
The desistance of a complaint in a disbarment proceed-ings or his withdrawal of
the charges against a lawyer does not deprive the court of the authority to proceed to
determine the matter. Nor does it necessary result in the dismissal of the complaint,
except when, as a consequence of withdrawal or desistance. no evidence is adduced to
prove the charges. Since a disbarment proceeding is neither a civil nor a criminal action
but one presented solely for public interest, the fact that the complainant and the
respondent have considered the case closed, is unimportant.

As hearing officer, 1 will deny the motion of Atty. Cruz and continue the hearings.

Question No. 7:
JG, a known vagrant, was defended by Atty. Go in his trial for robbery with
homicide. After he had been convicted, he appealed to reverse the decision of the court
claiming that he was denied his constitutional right to counsel when the court appointed
Atty. Go as counsel de officio inspite of his request to the court that he preferred Atty.
Concepcion whom he knew to be an excellent criminal lawyer.
Is JG correct?

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

Alternative Answer:
JG is not correct. An accused is entitled to be assisted by counsel. To constitute a
violation of an accuseds right to counsel of his choice, the accused must inform the trial
court of his desire to be defended by a counsel de parte and if a counsel de officio is
appointed, he must protest such appointment and the actuation of the counsel de officio.
otherwise he cannot rightly claim that his right was violated. Thus, where a counsel de
officio has been assigned to an accused on trial and such counsel has acted without
objection from the accused, the latter's conviction cannot be set aside on the sole ground
that said counsel was not of his own choice (People vs. Solis, 128 SCRA 217). The said
ruling is applicable to this question. While JG expressed his preference to be defended by
Atty. Concepcion, he really did not object to the appointment of Atty. Go until after his
conviction. Be-sides, if Atty. Concepcion was really the counsel of his choice, he should
have retained him as counsel de parte.

Question No. 8:
Atty. Queliza was convicted of qualified seduction. He was subsequently disbarred
at the initiative of the IBP. Before he could complete the service of his sentence, he was
given an absolute pardon by the President. He thereupon petitioned the Supreme Court
for reinstatement to the practice oflaw as a legal and logical consequence of the absolute
pardon.
Is he entitled to reinstatement?

Answer:
An absolute pardon granted to a lawyer who has been previously disbarred for
conviction of a crime involving moral turpitude does not automatically entitle him to

reinstatement. The matter of his reinstatement is still subject to the discretion of the
Supreme Court. He should still show by evidence aside from the absolute pardon that he is
now a person of good moral character, a fit and proper person to practice law (In Re
Rovero, 101 SCRA 797).

Question No. 9:
Deciding a case for malicious prosecution, Judge Sales awarded attorney's fees and
expenses of litigation, in addition to exemplary damages, to the plaintiff.
1)

Did the judge act within his discretion in awarding attorney's fees?

2)
As counsel for the plaintiff, are you entitled to receive the attorney's fees
thus awarded in addition to your stipulated legal fees?

Answer:
1)
A party may recover attorney's fees in cases of malicious prosecution
against him in an action for damages against the party responsible therefore (Art. 2208 (3),
Civil Code). But he must prove not only that he was acquitted in the criminal action, but
that the person who charged him knowingly made a false statement of facts to induce the
prosecutor to prosecute or that the institution of the criminal action was prompted by a
sinister design to ves or humiliate him and to cast upon him dishonor and disgrace.
2)
No. Attorneys fees in the concept or as an item of damages is an
indemnity for damages sustained by the client, and belongs to him.

Question No. 10:

The law firm of Sale, Santiago and Aldeguer has an existing and current
retainership agreement with XYZ Corporation and ABC Company, both of which were
pharmaceu-tical firms. XYZ Corporation discovered that a number of its patented drugs
had been duplicated and sold in the market under ABC Companys brand names. XYZ
Corporation turned to the law firm and asked it to bring suit against ABC Company for
patent infringement on several counts.
What are the ethical considerations involved in this case and how are you going to
resolve them?

Answer:
A lawyer may refuse to accept representation of a client if he labors under conflict
of interest between him and the prospective client or between a present client and the
prospective client (Rule 14.03. Canon 14, Code of Professional Responsibility). It is
unprofessional for a lawyer to represent conflicting interests, except by express consent of
all concerned given after full disclosure of the facts (Canon 6, Canons of Professional
Ethics). A lawyer cannot accept a case against a present client either in the same case or a
totally unrelated case.

Question No. 11:

1)

May a client dismiss his lawyer at any time?

2)

May a lawyer withdraw as counsel at any time?

Answer:
1)
A client may dismiss his lawyer at any time with or without cause because
the relationship is one of trust and confidence.
2)
A lawyer may withdraw as counsel only with the consent of the client and
with leave of court, and only for good cause enumerated in Rule 22.01.

Question No. 12:

Mindful that the law is a profession and not a trade or business, what are the
factors must you, as a lawyer, consider in charging reasonable compensation for your
services?

Answer:
a)

The time spent and the extent of the services rendered or required;

b)

The novelty and difficulty of the questions involved;

c)

The importance of the subject:

d)

The skill demanded;

e)
The probability of losing other employment as a result of acceptance of
the preferred case;
f) The customary charges for similar services and the schedule of fees of the IBP
chapter to which he belongs;
g)
The amount involved in the controversy and the benefits resulting to the
client from the services;
h)

The contingency or certainty of compensation;

i)

The character of the employment, whether occasional or established; and,

j)
The professional standing of the lawyer. (Rule 20.1, Canon 20, Code of
Professional Responsibility)

Question No. 13:

In a civil case, the defendant discovered that the counsel for the plaintiff used to
be a member of the Judicial and Bar Council during whose time the Judge presiding over
the case was appointed and confirmed. He filed a Motion to Inhibit the Judge on the
ground that the latter's ability to act independently and Judiciously had been
compromised and seriously impaired because of his utang na loob" to the plaintiffs
counsel.
If you were the judge, how would you rule on the Motion?

Answer:
I will deny the Motion for Inhibition because every judge is sworn to uphold the
decisions of cases in accordance with the law. The fact that the judge was recommended
by the JBC which has seven (7) members and deliberated even confidentially does not
make the judge even morally indebted to the JBC member who may not even voted for
him.

Alternative Answer:
Section 1. Rule 137 of the Rules of Court provides specific grounds where it is
mandatory for a judge to be legally disqualified from sitting in a case. None of those
grounds is applicable in this case. However, the same rule adds that the Judge may. In the
exercise of his sound discretion, disqualify himself from sitting in a case, for just and valid
reasons other than those mentioned above. The Supreme Court has held that when a
suggestion is made that a judge might be induced to act in favor of one party and against
another arising out of circumstances capable of inciting such state of mind, he should
exercise his discretion in a way that the peoples faith in the courts of justice is not
impaired (Masadao & Elizaga Re Crim. Case No. 4954-M, 155 SCRA 72).
The fact that the counsel of one of the parties was a member of the Judicial and
Bar Council during the time that the judge was appointed, would not by itself constitute
sufficient ground for the judge to inhibit himself. However, if there is a probability that a
losing party might nurture at the back of his mind the thought that the judge had
unmeritoriously tilted the scales of justice against him", it may be more prudent for the
judge to inhibit himself.

Question No. 14:

After a study of the records and deciding that plaintiff was entitled to a favorable
Judgment, Judge Reyes requested Atty. Sta. Ana, counsel for the plaintiff, to prepare the
draft of the decision. Judge Reyes then reviewed the draft prepared by Atty. Sta. Ana and
adopted it as his decision for plaintiff. Judge Reyes saw nothing unethical in this procedure
as he would ask the other party to do the same if it were the prevailing party.
Please comment on whether Judge Reyes' approach to decision- writing is ethical
and proper.

Answer:
This procedure of Judge Reyes is unethical because the judge is duty bound to
study the case himself; he must personally and directly prepare his decisions and not
delegate it to another person especially a lawyer in the case (See Section 1. Rule 36, Rules
of Court).

Alternative Answer:
In the case of Lantoria vs. Bunyi, 209 SCRA 528, a lawyer was suspended for
preparing drafts of decisions for a judge. The Supreme Court held that this violated Canon
No. 13 and Rule 13.01 of the Code of Professional Responsibility which provide that:
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."
Rule 13.01 -A lawyer should not extend extraordinary attention or hospitality to
nor seek opportunity for cultivating familiarity with the judge."
Conversely, therefore, a judge should not ask lawyers of parties to a case before
him to draft his decisions. A judge should so behave at all times as to promote public
confidence in the integrity and impartiality of the judiciary." (Rule 2.01, Code of Judicial
Conduct)

Question No. 15:

While Atty. Ambo Lancia was on his way to office in Makati, he chanced upon a
vehicular accident involving a wayward bus and a small Kia whose driver, a Mr. Malas,
suffered serious physical injuries. Coming to the succor of the badly injured Mr. Malas,
Atty. Lancia drove him to the nearest hospital. On their way to the hospital, Mr. Malas
found out that Atty. Lancia was a practicing lawyer. In gratitude for his help, Mr. Malas
retained Atty. Lancia to file suit against the bus company and its driver.
If you were Atty. Lancia; would you accept the case?

Answer:
I will not accept the case if I were Atty. Lancia because it is difficult to dismiss the
suspicion that Atty. Lancia had assisted Mr. Malas for the purpose of soliciting legal
business. It is not clear from the facts how Mr. Malas learned that Atty. Lancia was a
practicing lawyer. This could have happen only if Atty. Lancia introduced himself as a
lawyer. Moreover, Atty. Lancia may be utilized as a witness.

Alternative Answer:
Atty. Lancia should not also accept the case if it will involve his having to testify as a
witness for Mr. Malas.

NOTE: In preparing the forms for the following num-bers. USE ONLY FICTITIOUS NAMES.

Question No. 16:

1)
2)
3)
4)

Answer:
1)

a Jurat in an affidavit attesting to the loss of your drivers license.

a certification that a copy of a decision is a true copy.
a verification in a petition for certiorari.
an acknowledgment of a deed of sale involving two parcels of land.
Jurat

SUBSCRIBED and sworn to befbre me. in the City of Manila, this 28th day of
September, 1994 by Jose de la Cruz with Community Tax Certificate No. A-12345 issued at
Manila on January 5. 1994.
PEDRO DE GUZMAN
Notary Public
Until December 31. 1994

Reg. No. 98
Page No. 45
Book No. 2
Series of 1994
2)

Certification that a copy of a decision is a true copy.

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 22
QUEZON CITY
CERTIFICATION

I, Editha S. Llanes. Clerk of Court, Branch 22, Regional Trial Court, Quezon
City, do hereby certify that the copy of the decision hereto attached is a true copy of the
original decision in Civil Case No. 3452 rendered by this court.
WITNESS MY HAND AND SEAL, this 28th day of September, 1994.
Editha S. Llanes
Clerk of Court

3)

Verification in a Petition for Certiorari

REPUBLIC OF THE PHILIPPINES

QUEZON CITY

}
}

S.S.

Ricardo de Leon, after being sworn in accordance with law. deposes and says: That
he is the petitioner in the above-entitled petition: that he has caused the preparation of
the above Petition for Certiorari and has read and knows the contents thereof; that the
allegations therein are true of his own knowledge.
Ricardo de Leon
Affiant
SUBSCRIBED and sworn to before me, in Quezon City, this 28th day of September,
1994 by Ricardo de Leon with Community Tax Certificate No. A-9876 issued at Quezon
City on Januaiy 7, 1994.
Pedro de Guzman
Notary Public
Until December 31, 1994
4)

Acknowledgment of a Deed of Sale Involving Two Parcels of Land.

REPUBLIC OF THE PHILIPPINES

PROVINCE OF QUEZON
MUNICIPALITY OF CALAUAG

}
} S.S.
}

BEFORE ME. this 28th day September. 1994 in the Municipality of Calauag,
Province of Quezon. Philippines, personally appeared Juanito Perez with Community Tax
Certificate No. 1-9234 issued at Calauag. Quezon, on January 6. 1994, and with Tax
Identification No. 7865, known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that the same is his free act and deed.
This instrument relates to the sale of two parcels of land located in Calauag,
Quezon, and consists of four pages including the page on which this acknowledgment is
written, each and every page on which, on the left margin, having been signed by Juanito
Perez and his witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of
September. 1994. Calauag. Quezon.
Alberto A. Villanueva
Notary Public
Until December 31, 1994
Reg. No. 112
Page No. 43
Book No. 2
Series of 1994

Question No. 1 7:
Prepare a negotiable promissory note.

Answer:
City of Manila, September 28, 1994
6,000.00
Thirty (30) days after date, I. Arturo M. Padilla, hereby promise to pay to the order
of Milagros Concepcion, the sum of six thousand (6,000.00) Pesos (Philippine Currency).
(Sgd.) Arturo M. Padilla

Question No. 18:

Prepare a complaint for ejectment.

Answer:
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
6TH JUDICIAL REGION
BRANCH 18
ROXAS CIT
Josefina D. Alejandro
Plaintiff,
versus

Civil
For:

Case No. 765

Ejectment

Roberto T. Reyes,
Defendant,
x------------------------x
COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and unto this Honorable
Court, respectfully alleges:
1.
That the plaintiff is of age and a resident of 182 C. Garcia St., Roxas City;
while the defendant is also of age, with residence and postal address at 58 Sta. Rosa St.,
Roxas City, where he may be served with summons;
2.
That the plaintiff is the absolute owner and lessor of that certain building
located at 58 Sta. Rosa St., Roxas City, and now leased and occupied by the defendant;

3.
That the defendant leases and occupies the said building under the express
obligation of paying a rent of 15.000 a month, payable in advance within the first five (5)
days of each month;
4.
That the defendant has not paid the rents for the said building for the
month of July and August of the current year;
5.
That the plaintiff has several times demanded of the defendant to vacate
the above premises and to pay his back rents, now amounting to 30,000.00, the last
demand for payment having been made on him personally and in writing on September
15, 1994 or more than five days before the filing of this Complaint;
6.

That this case has been referred to the Lupon Tagapayapa.

WHEREFORE, it is respectfully prayed that after due hearing, judgment be

rendered in favor of the plaintiff, and ordering the defendant and all persons acting under
him:
(a)
to vacate the leased premises and surrender the same to the
plaintiff;
(b)

to pay the plaintiff the sum of 30,000.00, representing the arrears

of rent now overdue, with legal interest from the filing of this Complaint until fully paid;

(c)

to pay the plaintiff the sum of 15.000.00 a month from September,

1994, until he vacates the premises; and

(d)

to pay the costs of this suit.

Roxas City, this 28th day of September, 1994.

Edward S. Lim
Attorney for the Plaintiff
Buyco Bldg., Mckinley St.
Roxas City
PTR No. 472, January 30, 1994
Roxas City
IBP No. 921, January 7, 1994
Roxas City
VERIFICATION
REPUBLIC OF THE PHILIPPINES
PROVINCE OF ROXAS
ROXAS CITY

}
}
}

S.S.

Joseflna D. Alejandro, after being sworn in accordance with law, deposes and says:
That she is the plaintiff in the above- entitled case; that she has caused the preparation of
the above Complaint and has read and knows the contents thereof; that the allegations
therein are true of her own knowledge.
Josefina D. Alejandro
SUBSCRIBED and sworn to before me. in the City of Roxas. this 28th day of
September, 1994 by Josefina D. Alejandro with Community Tax Certificate No. A-2345
issued at Roxas City on January 4, 1994.
Lorenzo U. Dy
Notary Public
Until December 31. 1994
PTR No. 47696
Roxas City

Question No. 19:

Prepare an information for murder against three accused with two aggravating
circumstances.

Answer:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
4TH JUDICIAL REGION
BRANCH 52
PUERTO PRINCESA CITY
People of the Philippines,
Plaintiff,
- versus -

Crim. Case No. 6785

For: Murder

Diosdado Avila. Agapito Luna and Aurelio Pena,

Accused.
x-------------------------------------------------------x
INFORMATION
The undersigned Public Prosecutor hereby accuses Diosdado Avila, Agapito Luna
and Aurelio Pena of the crime of MURDER, committed as follows:
That on or about the 8th day of July. 1994 in Brgy. San Miguel. Puerto Princesa
City. Palawan, Philippines, within the jurisdiction of this Honorable Court, the said accused
conspiring and confederating with each other, and armed with deadly weapons, to wit:
two large fan knives and a bolo, did then and there, with malice aforethought and with

deliberate intent to take the life of Raymundo Dadores, did then and there willfully,
unlawfully, feloniously, and treacherously attack and wound the latter in different parts of
the body, inflicting upon him two stab wounds on the left side of the breast and a large
hack wound on the neck, defendant Pena having stabbed Dadores while the latter was
being held by the arms by defendants Avila and Luna, and defendant Luna then hacking
Dadores on the neck as the latter was falling to the ground, and as a result of his said
wounds, Dadores Immediately died.
Contrary to law.
Puerto Princesa, September 28, 1994
Rene A. Francisco
Public Prosecutor
WITNESSES:
Wilma R. Dadores

Edmundo C. Reyes
CERTIFICATION

I hereby certify that a preliminary investigation has been conducted in this case
under my direction, having examined the witnesses under oath, and that a prima facie case
exists and the accused are probably guilty thereof.
Rene A. Francisco
Public Prosecutor
Bail Recommended:

Question No. 20:

Prepare a motion for consolidation of two cases filed in different divisions of the
Court of Appeals.

Answer:
REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
FOURTH DIVISION
MANILA
Juan de la Cruz,
Plaintiff-Appellee,
- versus Pedro Ramos,
Defendant-Appellant,
x---------------------------x

C.A.-G.R. C.V. No. 675

MOTION FOR CONSOLIDATION

Defendant-Appellant Pedro Ramos, through the under-signed counsel, to the
Honorable Court respectfully states:
1.
That this case is an appeal from the decision of the Regional Trial Court of
Manila in Civil Case No. 2345 for recovery of possession of a parcel of land.
2.
That herein defendant-appellant is the appellee, and the plaintiff-appellee
is the appellant in a pending appeal before the Fifth Division of this Honorable Court
entitled Pedro Ramos vs. Jose Santos. CA GR CV No. 567 which is an appeal from the
decision of the Regional Trial Court of Manila in an action for quieting of title over the
same property subject matter of this case.
3.

That the same question of ownership is involved in these two cases.

4.
That in order to avoid different decisions from two divisions of this
Honorable Court, this case should be consolidated with CAGR CVNo. 567, which bears the
lowercase number.
WHEREFORE, it is respectfully prayed that this case be consolidated with CA GR
CV No. 567.
Manila, Philippines, September 28. 1994.
Arthur A Ocampo
Counsel for Appellant
54 Juan Luna St., Manila
IBP No. 987
Issued on Jan. 3, 1994
at Manila
PTR No. 456
Issued on Jan. 5, 1994
at Manila
Copy furnished:
Atty. Jorge Villareal
Counsel for the Appellee
S-304, ITC Building
337 Sen. Gil Puyat Avenue
Makati, Metro Manila

1993 BAR EXAMINATION

Question No. 1:
What is moral turpitude? Mention some crimes which involve moral turpitude.

Answer:
Moral turpitude includes everything which is done contrary to Justice, honesty,
modesty, or good morals.
Some crimes which involve moral turpitude are robbery, rape, estafa and
falsification of document.

Question No.2:
A lawyer was prosecuted for rape. The charge, however, was dismissed on
reasonable doubt. The offended party subsequently filed disbarment proceedings against
the lawyer under the same facts upon which the criminal charge was based. May the
disbarment case prosper? State your reasons.

Answer:
Yes. In In re: Del Rosario, 52 Phil. 399 the Supreme Court ruled that the standards
of the legal profession are not satisfied by conduct which merely enables one to escape
the penalties of criminal law. The Supreme Court added that in acting on the disbarment
case, the Court sits in an entirely different capacity from that which it assumed in trying
the criminal case. If the act constitutes gross immorality, even if the same act did not
constitute the crime of rape, he may still be disbarred. For as the Court in In re: Del
Rosario. supra, stressed, it would be a disgrace to the judiciary to receive one whose
integrity is questionable as an officer of the Court, to clothe him with the prestige of its
confidence, and then to permit him to hold himself out as a duly authorized member of
the bar.

Alternative Answer:
Yes, the disbarment proceeding may still prosper even if the criminal case for rape
is dismissed against the lawyer.
What is in issue in disbarment proceeding is the good moral character of a lawyer.
A criminal case is different from an administrative proceeding for disbarment. The
evidence required in a criminal case is beyond reasonable doubt while in a disbarment
proceeding a mere clear preponderance of evidence to prove the lawyer's bad moral
character is sufficient to disbar him. Moreover, in criminal cases desistance on the part of
the complainant is sufficient to dismiss the case. In disbarment proceedings, desistance or
refusal of the complainant to appear will not necessarily dismiss the proceeding as long as

there is evidence sufficient to find the guilt of the lawyer which affects his good moral
character.

Question No. 3:
What do you understand by Legal Ethics? Discuss its importance and state its
sources.

Answer:
Legal ethics is that branch of moral science which treats of the duties that an
attorney owes to the court, to his client, to his colleagues, in the profession, and to society.
The sources of legal ethics are the Constitution, the Rules of Court, some particular
provisions of statutes, the Code of Professional Responsibility and Judicial decisions.
Legal ethics is important in order to maintain a high moral standard for the lawyer
in performing his duties as an officer of the court, his duties to his client, to the members
of the legal profession as well as to society. Lawyers wield so much power and influence in
society. Unless their acts are regulated by high norms of ethical conduct they are likely to
abuse them.

Question No. 4:
a)

Define "Amicus Curiae

b)

Distinguish Ambulance Chasing" from Barratry"

Answer:
1)
Amicus curiae literally means friend of the court. As amicus curiae, a lawyer
may volunteer or may be requested by the court to appear to give information to the
judge of the court on some doubtful questions of law.
2)
Ambulance chasing is any act of improper solicitation of cases such as
fomenting litigation or instigating unnecessary lawsuits. Barratry is an offense of exciting
or stirring up suits and quarrels. Both are improper and unethical acts of a lawyer.
Ambulance chasing refers more to a lawyer who instigates a victim in a mot or vehicle
accident to file a case. Barratry is any form of fomenting suit.

Question No. 5:
Your services as a lawyer were engaged by Manuel Jalandoni to defend him from
the charge of malversation of public funds before the Sandiganbayan. Manuel confessed
to you that he actually misappropriated the amount out of extreme necessity to pay for the
emergency operation of his wife.

Will you agree to defend him? State your reasons.

Answer:
Yes, I will agree to defend Manuel Jalandoni even if he admitted to me that he
malversed public funds. A lawyer has the duty to defend an accused even if he knows that
he is guilty - at least to defend his rights. He might be able to find some mitigating or
extenuating circumstances. Moreover, it is not the lawyer who shall decide whether the
accused is guilty. It is the task of the Judge.

Question No. 6:
What do you understand by practice of law"?

Answer:
Generally, to engage in the practice of law is to do any of those acts which are
characteristics of the legal profession. It embraces 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. It involves the carrying on of the calling of an
attorney, usually for gain, acting in a representative capacity and rendering service to
another. Engaging in the practice of law presupposes the existence of an attorney-client
relationship. Hence, where a lawyer undertakes an activity which requires knowledge of
law but involves no attorney-client relationship, such as teaching law or writing law books
or articles, he cannot be said to be engaged in the practice of his profession as a lawyer.

Alternative Answer:
Practice of law is understood in two senses, namely (1) as a qualification for a
position in the government service and (2) as a habitual act of a lawyer in contrast to the
term of unauthorized practice of law. In the first sense it is under-stood as now defined by
the Supreme Court in Cayetano vs. MonsocL 210SCRA210, as any activity, in or out of the
court, which requires the application of law, legal procedure, knowledge training and
experience. (2) Practice of law in the second sense implies customarily or habitually
holding one's self out to the public, as a lawyer, for compensation as a source of livelihood
or in consideration of his service. Hence, an individual who has not been admitted to the
bar performs legal services for compensation is engaged in unauthorized practice of law.

Question No. 7:
Prepare a hypothetical complaint for Unlawful Detainer with complete caption.

Answer:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
Branch I
Manila
Pedro Sison
Plaintiff,
Civil Case No. 5
- versus For Unlawful Detainer
COMPLAINT
Comes now the plaintiff through the undersigned counsel and to the Honorable
Court alleges;
1.
Plaintiff Pedro Sison, is married, Filipino citizen and residing at No. 450
Palacio, Manila while defendant is a Filipino citizen, married and residing at No. 396
Mercedes Street, Manila where he may be served with summons.;
2.
That plaintiff is the owner of a land over which an apartment had been
constructed, located at 436 Rizal Avenue, Manila;
3.
That by virtue of a contract of lease, plaintiff leased unto the defendant
the aforesaid apartment for a consideration of P5.000 (Five Thousand Pesos) a month as
rental to be paid within the first ten days of each month starting January 1. 1993.
4.
That defendant failed to pay the agreed rental for several months starting
from April 1993 up to the present;
5.
That on May 2. 1993, plaintiff sent a letter of demand to vacate the
apartment which was received by the defendant as shown in the registry return receipt
hereto attached;
6.
That despite said letter of demand which was repeated by oral demands
defendant failed and still refused to pay the agreed amount of rentals and to vacate the
apartment;
7.
That by reason of the failure of the defendant to vacate the premises and
to pay the unpaid rentals, plaintiff was compelled to file this complaint engaging the
services of counsel in the amount of PI0, 000.
WHEREFORE, it is respectfully prayed that judgment be rendered ordering the
defendant to vacate the premises to pay the unpaid monthly rentals in the amount of

P50.000 and further rentals until the said defendant fully vacates the premises and to pay
the costs of the suit.
Plaintiff prays for such other remedy as this Honorable Court may deem just and
equitable.
Manila. Philippines. September 26. 1993.
JUAN PEREZ
Counsel of the Plaintiff
No. 1 Perez Street, Manila
PTR No.
IBP O.R. No.
VERIFICATION
I, Pedro Sison, am the plaintiff who caused the above complaint to be filed and the
allegations therein are true and correct.
PEDRO SISON
Subscribed and sworn to before me this 28th day of September 1993 in the City of
Manila. Affiant has exhibited to me his Res. Cert. No. 89357 issued at Manila on Feb. 2.
1993.
JUAN PEREZ
Notary Public
My Commission
expires Dec. 31. 1993
Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 1993.

Question No. 8:
Prepare a hypothetical criminal information for Homicide with complete caption.

Answer:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch II
Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus -

Criminal Case No. 7

For: Homicide

DANILO PARAS,
Defendant
INFORMATION
The undersigned fiscal charges Danilo Paras of the crime of homicide committed
as follows:
That on or about August 10, 1993 in the City of Manila, the said accused
did then and there willfully, unlawfully and feloniously, with intent to kill, fire his 45 caliber
gun upon Ricardo Santos inflicting on him mortal wounds which immediately caused the
death of the said Ricardo Santos.
Contrary to law.
Domingo Velez
Assistant Fiscal
CERTIFICATION OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case had been conducted by
me in accordance with law; that I have examined the complainants and their witnesses;
that there is reasonable ground to believe that the offense charged had been committed;
that the accused is probably guilty thereof; that the accused was informed of the offense
charged and was given the opportunity to submit controverting evidence; and that the
filing of this information is with the prior authority and approval of the City Fiscal.
DOMINGO VELEZ
Assistant Fiscal
SUBSCRIBED AND SWORN to before me on this 2nd day of May 1993 in the City
of Manila. Philippines.
JOSE PEREZ
City Fiscal
List of Witnesses
Bail Recommended: P20.000.

Question No. 9:
Atty. Santiago was disbarred by a resolution of the Supreme Court. Five years later.
Atty. Santiago filed a petition for reinstatement, alleging that he had reformed, and that
he had been sufficiently punished and disciplined. However, no action was taken on the

petition. In the meantime, in a proceeding for the probate of his fathers will, Atty.
Santiago filed a formal opposition on his own behalf and sought to establish that the will
was a forgery and that the deceased died intestate. His co-heirs questioned "his
appearance citing his disbarment.
May the appearance of Atty. Santiago be allowed? State your reason.

Answer:
Atty. Santiago can properly represent himself as oppositor in the probate of the
will of his father. While he has been disbarred from practice and has not been reinstated
to practice law, he can properly represent himself because representing himself is not
practice of law. Rule 138, Section 34 of the Rules of Court allows an individual litigant to
conduct his litigation personally. It means that he can do everything in the defense of his
rights in the said case. The prohibition against the practice of law by a layman or a
disbarred lawyer is not in conflict with the right of an individual to defend or prosecute a
cause in which he is a party. An individual has long been permitted to manage, prosecute
and defend his own action, but his representation on his behalf is not considered to be the
practice of law. One does not practice law by acting for himself any more than he practices
medicine by rendering first aid to himself. For this reason, an attorney who is otherwise
disqualified to practice law or has been disbarred or suspended from practice, can validly
prosecute or defend his own litigation, he having as much right as that of a layman in that
regard.

Question No. 10:

Atty. Reyes, in his Memorandum filed with the Regional Trial Court, used
disrespectful and threatening language against the Court for which he was summarily
ordered to pay P200.00 fine or in case of default, to suffer 10 days imprisonment. Atty.
Reyes challenged the Order claiming that there was no formal charge against him and.
that if there was any contempt at all, it was only indirect contempt, the act having been
done away from the Court and not in or near the Judges presence as to interfere in the
proceedings before the Court.
What can you say about the lawyer's arguments? Explain.

Answer:
The lawyer's argument is without merit. The disrespectful and threatening
language in a memorandum or pleading filed with the Court constitutes direct contempt
and can therefore be punished summarily, as the same consists of misbehavior in the
presence of the Court. A lawyer who uses in his pleading words that tend to degrade the
court or bring it into disrepute commits contempt of court. Thus, a lawyer has been cited
and punished for contempt in facie for describing the decision of a court as absolutely
erroneous, an outrage to the right of a litigant and a mockery of the popular will; charging
the high tribunal of erroneously interpreting the law. exhibiting incompetence and narrow
mindedness and deliberately committing many blunders and injustice; accusing the court

of repeatedly falling into the pitfall of blindly adhering to its previous erroneous
pronouncements; imputing irregularity in the internal procedure of the Supreme Court
and laxity in similar matters; calling the minute resolution of the Supreme Court an unjust
judgment and ridiculing the members thereof as blind, deaf and dumb; and resorting to
veiled threat by mentioning the provisions of the Revised Penal Code on knowingly
rendering unjust judgment.

Question No. 11:

What is the rule on the appointment of counsel de officio for an accused who was
convicted by the Regional Trial Court and is desirous of appealing from the judgment of
conviction?

Answer:
If an accused is found guilty by the trial court and makes his intention to appeal the
decision, the appellate court may appoint a counsel de oficio if it is shown by a certificate
of the clerk of court that (a) the defendant is confined in prison and not able to file a bail
bond (b) he is without means to employ an attorney de parte and (c) he desires to be
represented by an attorney de oficio. An appellant who is not confined in prison is not
entitled to an attorney de oficio unless a request is made within ten days from notice to
file the appellants brief and the right thereto is established by affidavit of poverty (Rule
122, Sec. 13. Rules of Court)

Question No. 12:

What is the meaning of the phrase a lawyer representing conflicting interests?
Why is it forbidden by Canon 6 of the Canons of Professional Ethics?

Answer:
The phrase a lawyer representing conflicting interests" means that he acts as
counsel for a person whose interest conflicts with that of his present or former client or
accepts employment from a party in the performance of which he may be forced to act in a
double capacity or be suspected of divided loyalty. The reason for the prohibition is found
in the relation of attorney and client, which is one of trust and confidence of the highest
degree. A lawyer becomes familiar with all the facts connected with his client's case. He
learns from his client the weak points of the action as well as the strong ones. Such
knowledge must be considered sacred and guarded with care. No opportunity must be
given him to take advantage of the clients secrets. A lawyer must have the fullest
confidence of his client. For if the confidence is abused, the profession will suffer by the
loss thereof.

Question No. 13:

Atty. Cua wins a case involving a donation mortis causa. Afterwards, she discovers, and is
convinced, that the Deed of Donation was falsified, and that it was her client who did the
falsification. If you were Atty. Cua. what would you do? Explain.

Answer:
If I were Atty. Cua. I would resign as his lawyer. The question as to whether the
attorney should disclose the falsification to the court or to the prosecuting attorney
Involves a balancing of loyalties. One ethical rule states that counsel upon the trial of a
cause in which perjury has been committed owes it to the profession and the public to
bring the matter to the knowledge of the prosecuting authorities". Another ethical rule
provides that when a lawyer discovers that some fraud or deception has been practiced,
which is unjustly imposed upon the court or a party, he should endeavor to rectify it; at first
by advising his client, and if his client refuses to forego the advantage thus unjustly gained.
he should promptly inform the injured person or his counsel, so that they may take
appropriate steps". A literal application of these ethical injunctions requires the disclosure
of the falsification. On the other hand, the attorneys duty to keep Inviolate the client's
confidence demands that he refrain from revealing the clients wrong-doing, the same
being a past offense. Resigning as a lawyer will enable the lawyer to observe such loyalties.
If the decision is already final, as a lawyer. I would advise my client to withdraw any claim
on the donation mortis causa and have the property be given to the rightful owner of the
property the subject matter of the donation.
This action is in compliance with my duty as a lawyer to assist in the administration
of justice and in compliance of my oath; I will do no falsehood, nor consent to the doing
of any in court; that I will not wittingly or willingly promote or sue any groundless, false
and or unlawful suit, nor give aid nor consent to the same.

Question No. 14:

The Faculty of the College of Law of the University of the Philippines pleaded for
compassion on behalf of Atty. Juan Santos. The Supreme Court had earlier found Atty.
Santos guilty of grave professional misconduct and imposed upon him an indefinite
suspension, leaving it to him to prove at some future and opportune time that he shall
have once again regained the fitness to be allowed to resume the practice of law as an
officer of the court."
Is the plea of the Faculty for Atty. Juan Santos well taken? Explain.

Answer:
The plea of the Faculty of Law of the University of the Philippines asking
compassion on behalf of Atty. Juan Santos is not well taken.

In order that a lawyer who was disbarred can be reinstated, he must show with
convincing proof that he has good moral character acquired through positive efforts,
honorable dealings and moral reformation as to be fit to practice law again. Mere
allegation of compassion for a lawyer 1s not sufficient. In one decision of the Supreme
Court, in order that a disbarred lawyer can be reinstated, he must prove his good moral
character as if he is applying for admission to the bar.

Question No. 15:

Having lost in the Regional Trial Court and then in the Court of Appeals, Atty.
Mercado appealed to the Supreme Court. In a minute resolution, the Supreme Court
denied his petition for review for lack of merit. He filed a motion for reconsideration
which was also denied. After the judgment had become final and executory, Atty. Mercado
publicly criticized the Supreme Court for having rendered what he called an unjust
judgment, even as he ridiculed the members of the Court by direct insults and vituperative
innuendoes. Asked to explain why he should not be punished for his clearly contemptuous
statements, Atty. Mercado sets up the defense that his statements were uttered after the
litigation had been finally terminated and that he is entitled to criticize Judicial actuations.
Is Atty. Mercado's contention tenable? Explain.

Answer:
Atty. Mercados contention is not tenable. While he is free to criticize the decision
itself, he is not at liberty to call said judgment an unjust Judgment and to ridicule the
members of the court. It is one thing to analyze and criticize the decision itself, which is
proper, and it is another thing to ridicule the members of the court, which is wrong. The
right of a lawyer to comment on or criticize the decision of a judge or his actuations is not
unlimited. It is the cardinal condition of all such criticism that it shall be bona fide, and
shall not spell over the walls of decency and propriety. A wide chasm exists between fair
criticism, on the one hand, and abuse and slander of courts and judges on the other. A
publication in or outside the court tending to impede, obstruct, embarrass or influence the
courts in administering Justice in a pending suit, or to degrade the courts, destroy public
confidence in them or bring them in any way into disrepute, whether or not there is a
pending litigation, transcends the limits of fair comment. Such publication or intemperate
and unfair criticism is a gross violation of the lawyers duty to respect the courts. It is a
misconduct that subjects him to disciplinary action.

Question No. 16:

Huey Company and Dewey Corporation are both retainer clients of Atty. Anama.
He is the Corporate Secretary of Huey Company. He represents Dewey Corporation in
three pending litigation cases. Dewey Corporation wants to file a civil case against Huey
Company and has requested Atty. Anama to handle the case.
1)

What are the options available to Atty. Anama? Explain your answer.

2)

If you were Atty. Anama, which option would you take? Explain.

Answer:
1)

The options available to Atty. Anama are:

a) To decline to accept the case because to do so will constitute

representing conflicting interests. It is unethical for a lawyer to represent a client in
a case against another client in the said case.
b) To accept to file the case against Huey Company, after full disclosure to
both retained clients and upon their express and written consent. The written
consent may free him from the charge of representing conflicting interests,
because written consent amounts to a release by the clients of the lawyers
obligation not to represent conflicting interests.
2)
If I were Atty. Anama, I will choose the first option and inhibit myself in the
case as both entities are my clients. The conflict of interests between the contending
clients may reach such a point that, notwithstanding their consent to the common
representation, the lawyer may be suspected of disloyalty by one client. His continuing to
act in a double capacity strikes deeply in the foundation of the attorney- client
relationship.

Question No. 17:

1)
You are a young, brilliant and promising lawyer. Unfortunately, these
qualities do not seem to attract as many clients as you wish. Your friend suggested that you
advertise. He Just arrived from the United States and had seen print and television
advertisements of lawyers. What kind of advertising, if any, can you do? Explain your
answer.

Answer:
I would not take the advise of my friend suggesting that I advertise my talent as a
lawyer both in print or in the television. Canon 3 of the Code of Professional Responsibility
provides that a lawyer in making known his legal services shall use only true, honest, fair
and dignified and objective information.
2)
Atty. Thess Tuazon writes a regular column in a newspaper of general
circulation, as well as legal articles in a leading magazine. Her by-line always Includes the
name of her law firm where she is a name partner. Would you consider this as improper
advertising? Explain.

Answer:
I would consider putting the by-line under the name of her law firm improper. It is
an indirect way of advertising her law firm. Naming her law firm achieves no other purpose

than to inform the public and possible clientele of the existence of her law firm and of her
being actively engaged in the practice of law.

Question No. 18:

Atty. Juan de la Cruz, counsel for Genato Subdivision. Inc. filed a complaint against
Atty. Pedro Santos. Register of Deeds of Tacloban City, for the latter's irregular actuations
with regard to the application of Genato Subdivision. Inc. for registration of 100 pro forma
Deeds of Absolute sale with Assignment of lots in its subdivision. After investigation of the
complaint, the Secretary of Justice found respondent Register of Deeds guilty of Grave
Misconduct and recommended to the President of the Philippines that the Register of
Deeds be dismissed from the service with forfeiture of all benefits and with prejudice to
re-employment in any government office.
The President approved the recommendation and dismissed the Register of Deeds.
Less than two (2) weeks after filing his complaint against the Register of Deeds.
Atty. Juan de la Cruz also filed with the Supreme Court a disbarment complaint against
said respondent.
May the former Register of Deeds, as a lawyer, be also disciplined by the Supreme
Court for his malfeasance as a public official? Explain.

Answer:
Yes, the Supreme Court may disbar the Register of Deeds as a lawyer. The facts of
the question is similar to the case of Collantes vs. Renomeron. 200 SCRA 584 where a
Register of Deeds was dismissed by the Secretary of Justice and was also disbarred for the
same offense. The court said that the lawyer as a public official had demonstrated his
unfitness to practice the high and noble calling of the law.

Question No. 19:

What is legal is moral. State your comment on the correctness or incorrectness of
this proposition.

Answer:
The statement is not necessarily correct. There are several acts of a lawyer which
may be legal but not necessarily moral. This is precisely the purpose of legal ethics which
governs the ethical and moral behavior of a lawyer.

Question No. 20:

Atty. Vidal, a semi-retired Metro Manila law practitioner, has a cattle ranch in the remote
municipality of Carranglan, Nueva Ecija. He attends to his law office in Manila on

Mondays, Tuesdays and Wednesdays, and spends the rest of the week in his cattle ranch
riding horses and castrating bulls.
In a criminal case pending before the Municipal Trial Court of Carranglan. the only
other licensed member of the Bar is representing the private complainant. The accused is a
detention prisoner. The judge wants to expedite proceedings.
1)

What must the judge do to expedite proceedings.

2)
If Atty. Vidal is appointed to act as counsel de oficio for the accused, could
he refuse by saying that in the province, he does not want to do anything except ride
horses and castrate bulls? Explain.

Answer:
1)
The judge may appoint Atty. Vidal as counsel de oficio in order to expedite
the proceedings. This is especially because the accused is a detention prisoner who is
presumed to be indigent and cannot retain a paid counsel.
2)
Atty. Vidal cannot validly refuse the appointment as counsel de oficio.
While it is true that he stays in the province to rest during the latter part of the week as
lawyer he must comply with his oath to assist in the administration of justice. This is
precisely one of the objectives of the Integrated Bar which is to compel all lawyers
whether in the active practice or not to comply with their obligation to assist in the
administration of justice.

1992 BAR EXAMINATIONS

Question No. 1:
Atty. V. Suarez represented Altamarino in an ejectment case against Orbido.
Judgment was rendered in favor of Altamarino and Orbido vacated the property forthwith.
Subsequently, a case for annulment of Altamarino's title over the property subject of the
ejectment case was filed by Orbido who is now represented by Atty. Suarez. Altamarino
filed a motion for the disqualification of Atty. Suarez for representing conflicting interests
as the latter was his lawyer in the ejectment case against attorney and client relationship
between her and Altamarino had already terminated and that she did not obtain any
confidential information regarding Altamarino's title in handling the ejectment case,
which is different from the present case for annulment of title.
Rule on the motion for disqualification of Atty. Suarez.

Answer:
The motion for the disqualification of Atty. Suarez should be granted.

Atty. Suarez violated Canon 14, Rule 14.02, prohibiting lawyers from appearing for
conflicting interests. Atty. Suarez is opposing his former client in a related suit. Although
the ejectment case had already terminated in favor of Altamarino who was his client, he
had already acquired information concerning the ownership of the property. An attorney
who appears for opposing clients in the same or related action puts himself in that
awkward position where he will have to contend in behalf of one client that which he will
have to oppose on behalf of the other client. He cannot in all situations give disinterested
advice to both clients.

Alternative Answer:
Atty. Suarez is not disqualified on the ground of conflicting Interest. It is true that
the employment of a lawyer in a subsequent case involving a former client would result in
a conflicting Interest if the two cases are related. In the present case however, the two
cases are not related. An ejectment case involves issue of physical possession (possession
de facto): whereas the second case involves a question on the issue of ownership or title.

Question No. 2:
Prosecutor Daniel Marquinez was assigned to handle a case for homicide. After
interviewing the witnesses for the prosecution and asking them to narrate to him the
incident that caused the death of the victim, he came to the conclusion that the accused
was really guilty. However, the version of one eyewitness showed that the accused acted in
self- defense.
If you were the prosecutor, would you place said eyewit-ness on the witness stand?
Why?

Answer:
Under the ordinary rules on trial technique, the prose-cutor should not place the
eyewitness on the witness stand.
However, based on the real mission of a lawyer which is to assist the court in the
administration of justice, the prosecutor is bound to present the eyewitness in order that
the court can properly appreciate the evidence and to decide on the real merit of the case.
A public prosecutor is a quasi-judicial officer. He is the representative not of an ordinary
party to a controversy, but of a sovereignty whose obligation to govern impartially is as
compelling as its obligation to govern at all and whose interest, therefore, in a criminal
prosecution is not that it shall win the case but Justice shall be done. A prosecutor
complies with his mission as a lawyer even if the man he is prosecuting is acquitted in
accordance with law and Justice.
Canon 6. Rule 6.01 of the Code of Professional Responsibility provides that the
primary duty of a lawyer engaged in public prosecution is not to convict but to see that
Justice is done. The suppression of facts or the concealment of witnesses capable of

establishing the innocence of the accused is highly reprehensible and is cause for
disciplinary action.

Alternative Answer:
If I were the prosecutor. I would not present this eyewitness. This does not involve
suppression of evidence. It is true that a public prosecutors primary duty is not to convict
but to do Justice and it is unethical for a prosecutor to conceal evidence that is favorable
to the accused. In the present case, however, the prosecutor considered the testimony of
several witnesses and came to the conclusion that the accused was really guilty. Clearly,
the prosecutor did not find need of the testimony of the eyewitness who said that the
accused acted in self-defense. A lawyer or a prosecutor is not duty-bound to present a
witness whose credibility is in doubt.

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

Answer:
Atty. de Pano should not accept the employment as private prosecutor as he will
be violating Canon 6, Rule 6.03 of the Code of Professional Responsibility which provides
that a lawyer shall not, after leaving government service, accept employment in
connection with any matter in which he had intervened while in said service.
The restriction against a public official from using his public position as a vehicle to
promote or advance his private interests extends beyond his tenure on certain matters
which intervened as a public official.

Question No. 4:
Atty. Belle Montes is a former partner in the Rosales Law Office which is
representing Corporation X before the Securities and Exchange Commission. Atty. Montes
who is now practicing on her own, entered her appearance as counsel for Corporation Y in
a suit between said corporation and Corporation X. Atty. Montes claims that since she did
not personally handle the case of Corporation X when she was still with the Rosales Law
Office she will not be representing conflicting interests.
Is such argument valid? Explain.

Answer:
Atty. Belle Montes will be deemed to be appearing for conflicting interests if she
appears for Corporation Y against Corporation X.
This question is similar to the case of Philippine Blooming Mills vs. Court of
Appeals, November 1989. In said case, the Philippine Blooming Mills was the retainer of
the ACCRA Law Office. Three lawyers of the ACCRA Law Office separated from said law
firm and established their own law office. The three lawyers were disqualified from
appearing for a corporation against the Philippine Blooming Mills.
The rule prohibiting appearing for conflicting interests applies to law firms. The
employment of one member of a law firm is considered as an employment of the law firm
and that the employment of a law firm is equivalent to a retainer of the members thereof.

Question No. 5:
Judge Dino was transferred to the Regional Trial Court of Pasig after serving as
Judge of the Regional Trial Court in Sorsogon. Delighted with her transfer, she
immediately assumed her new post. However, she brought with her the records of five
cases which were completely heard by her in her former assignment and already submitted
for decision. Thereupon, she prepared the decision in said five cases, by registered mail to
her former Clerk of Court. One of the losing parties questioned the authority of Judge
Dino in deciding the cases after her transfer to Pasig.
Are the decisions rendered by Judge Dino in the five cases valid? Why?

Answer:
The decisions are valid considering that the Regional Trial Court in Sorsogon is coequal with that of the Regional Trial Court of Manila. It is assumed of course that the five
cases were already submitted for decision at the time Judge Dino transferred to Manila
(Valentin v. Sta. Maria, 55 SCRA 40).
Alternative Answer:
Judge Dino can decide the five (5) cases as ruled in Valentin v. Sta. Maria (55 SCRA
40) which abandoned the earlier ruling in People v. Soria (22 SCRA 948)

Question No. 6:
Glicerai Magat who works as a clerk typist in the Dimakali Law Office wrote a letter
to the Supreme Court accusing her employer Atty. Dimakali of violating her honor several
times. He would invite her to go out an official business only to bring her to Regina Court,
a motel in Ermita. There he would force his desires on her. Whenever she remonstrated
and fought him, he would threaten to dismiss her. She asked the Supreme Court to disbar

that monster lawyer who thinks nothing of violating the honor and purity of virgins like
me.
1)

Is there any ground for disciplining Atty. Dimakali? Explain.

2)
Suppose Atty. Dimakali is the Head of the Legal Division of the Department
of Agrarian Reform. Under the foregoing set of facts, would you advice Ms. Magat to take
the same action, that is, ask the Supreme Court to disbar her lawyer boss? Explain your
answer.

Answer:
1)
Yes, there is a ground for disciplining Atty. Dimakali for his immoral
behavior and abuse of his authority in his lady clerk-typist. This is a plain sexual
harassment.
2)
Yes, I would advise Ms. Magat to take the same action with the Supreme
Court. It has been ruled in Collantes vs. Ronomeron, 200 SCRA 584.
Canon 6 of the Code of Professional Responsibility also applies to lawyers in the
government service.

Question No. 7:
Atty. Cecilio Hilado, a member of the Sangguniang Panlalawigan of Bohol, was
engaged by Irene Gemora as counsel in a case for malversation of public funds which she
filed against City Treasurer Paulino Alvarez. When Hilado accepted the case, City
Treasurer Alvarez filed an administrative case against Hilado for practicing law in violation
of Sec. 7 of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public
Officials and Employees) which inter aha states that: (b) Public officials, during their
incumbency shall not . . . (2) Engage in the private practice of their profession unless
authorized by the Constitution or law. .
Hilado then filed a Motion to Dismiss on the Ground that 1) he is very selective in
accepting cases and appears in court only outside of session hours of the Sangguniang
Panlalawigan; and 2) in any event, it is the Supreme Court alone, under Art. VIII, Sec. 5 of
the Constitution that has the power to promulgate rules concerning pleading, practice
and procedure in all courts ..."
How valid are the arguments of Hilado? Resolve the case.

Answer:
The arguments of Atty. Hilado are not valid.
1.
Atty. Hilado should not appear in said case which involves a criminal
prosecution of a city treasurer.

Section 90 (b) (2) of the Local Government Code provides:

Sec. 90. Practice of profession. - x x x
b)
Sanggunian members may practice their professions, engage in any
occupation, or teach in school except during session hours; Provided, that Sanggunian
members who are also members of the Bar shall not:
XXX
(2) Appear as counsel in any criminal case wherein an officer or employee
of the national or local government is accused of an offense committed in relation
to his office.
In fairness to the examinee, this question is not proper in legal ethics as it is
governed by the Local Government Code.
2.
While it is true that it is the Supreme Court that promulgates rules concerning
pleading, practice and procedure, the matter in question involves administrative law
governing public officials prohibiting practicing law while holding a public office in
criminal cases as provided in the aforesaid Section 90 of the Local Government Code.

Question No. 8:
A complaint was filed with the Integrated Bar of the Philippines (IBP) by Mrs. Remy
Rozon against Atty. Matapobre asking that the latter be suspended from the practice of
law indefinitely for being a notorious usurer and for filing groundless suits for various sums
of money against his victims.
Mrs. Rozon described the modus operandi of respondent thus: Matapobre would
require a prospective borrower to execute a promissory note in bank and simultaneously
open a checking account in a bank, if he has none at the moment. Then Matapobre would
fill up the notes showing the principal, as well as the interest rate at 10% a month or 120%
per annum, plus other charges and attorneys fees. Before maturity of the checks,
Matapobre would inquire from the debtor whether his deposit is already funded. If he
answers in the negative, which was more often than not, Matapobre would
magnanimously assure the debtor that he would forgo presentment of the checks as long
as the debt is paid. However, the moment the debt falls due, regardless of whether the
checking account is funded, Matapobre would insist on payment. If none is forthcoming,
Matapobre would file a criminal case against the delinquent debtor for issuance of a
bouncing check in violation of Batas Pambansa Big. 22. Mr. Rozon declared that
Matapobre, having victimized several persons and pushed them to the brink of penury, has
acquired the reputation of being a loan shark, it was only she who had the courage to file
charges against the lawyer/ usurer.
During the investigation before the IBP, Matapobre interposed the following
defenses: 1) he cannot possibly be charged with usury since the Usury Law has been

virtually repealed and the Central Bank allows the Imposition of any rate of interest; 2)
even assuming that he charges usurious" rates of interest, the debtor freely assumes the
obligation; 3) the charges being preferred against him concern his personal conduct and
has nothing to do with the practice of his profession; and 4) the IBP has no jurisdiction over
his acts, personal or professional. If at all, it is only the Supreme Court that can discipline
him.
How do you dispose of Matapobres arguments? Rebut each one in sequence.

Answer:
1.
What is in issue in this question is not the violation of the Usury Law but
the action of Attorney Matapobre in taking undue advantage of borrowers to make it
appear that the Bouncing Check Law was violated by his victims. Certainly it is grossly
immoral for the lawyer to manipulate the transactions which resulted in charging excessive
rates of interests on loans and later threatening them with violation of the Bouncing Check
law.
Canon 1, Rule 1.01 provides that a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
2.
It is not altogether true that the borrowers freely assumed the obligation
as it was the lawyer himself who drafted and manipulated the documents and made the
borrowers sign them which they did not fully comprehend.
3.

The lawyer is liable even for acts not connected in his legal profession.

4.
The IBP has jurisdiction to investigate the case through the Grievance
Committee under Rule 139 (b) of the Rules of Court.

Question No. 9:
In connection with a sensational criminal case, the Public Relations Officer of the
All-Judges Association, Inc. issued two press releases, one stating that the trial judge
should not have granted ball to the accused since evidence of guilt was strong and the
other, calling upon said judge to inhibit himself from trying the case since he did not
exhibit the cold neutrality of an impartial judge in ruling upon certain motions.
Comment on the actuations of the Public Relations Officer who is presumably authorized
by the Association.

Answer:
The actuations of the Public Relations Officer of the All- Judges Association is
improper. What the All-Judges Association should do is to report the matter to the
Supreme Court and file the proper charges. The Supreme Court may refer the matter for
investigation to a Justice of the Court of Appeals.

The issuance of the press release is in violation of the rule that charges and
investigations against Judges should be confidential in character and should not be
published.
The Public Relations Officer can even be held in contempt of court.
Furthermore, Rule 2.04 of the Code of Judicial Conduct states that a Judge shall
refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency."
Rule 3.07 of the same Code states that a judge should abstain from making public
comments on any pending case and should require similar restraint on the part of court
personnel."

Question No. 10:

The Court of Appeals affirmed the judgment of conviction of Atty. Gancho for
violation of B.P Big. 22 and likewise suspended him indefinitely from the practice of law.
There-upon Atty. Gancho filed a Motion for Reconsideration assailing the validity of his
suspension from the practice of law contending that the Court of Appeals acted as
offended party, prosecutor and judge all at the same time.
1)

Resolve this motion.

2)
Despite the order suspending him from the practice of law. Atty. Gancho
still continued, to prosecute the ejectment cases which he himself filed against his tenants.
The tenants then questioned the authority of Atty. Gancho to prosecute the cases when he
is under suspension.
May Atty. Gancho be allowed to continue appearing in the ejectment cases?
Answer:
1)
The motion for reconsideration should be denied. It is now: a settled rule
that a lawyer found guilty of violation of B.P. Big. 22 otherwise known as the Bouncing
Check Law is a crime involving moral turpitude which is a ground for disbarment.
2)
Atty. Gancho may still continue prosecuting the case not as a lawyer but as
a party litigant.

Question No. 11:

Atty. Nicasio handled a case for Lydia Domondon wherein Judgment was rendered
in the latters favor in the amount of P 10,000.00. Upon finality of the judgment, the
judgment debtor paid the full amount of PI 10,000.00 to Atty. Nicasio. However, Atty.
Nicasio turned over only P80.000.00 to Lydia Domondon, explaining that he had already

deducted the amount of P20,000.00 for his professional services in accordance with their
written agreement, and the amount of P 10,000.00 awarded by the court by way of
attorneys fees from the total sum of PI 10,000.00 received by him from the judgment
debtor.
Comment on the proprietary of the action of Atty. Nicasio.

Answer:
The action of Atty. Nicasio in retaining the amount of P 10,000.00 as attorneys
fees because said amount belongs to his client.
The award of attorney's fees and damages under article 2208, paragraph 10 of the
Civil Code refers to damages suffered by the client.

Question No. 12:

Prepare a petition for habeas corpus on behalf of Major Solar who has been
arrested by superior police authorities and detained at the Police Sub-Station 5 of Quezon
City since August 30, 1992 for participation in a robbery with homicide case.

Answer;
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I
Quezon City
IN THE MATTER OF THE
APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R SOLAR
MARY SOLAR Petitioner
- versus JOSE CRUZ
Superintendent, PHILIPPINE
NATIONAL POLICE
Respondent,
x--------------------------------------------x
PETITION
Comes now the petitioner, by her undersigned counsel and to this Honorable
Court respectfully states:

1.
That petitioner of legal age, Filipino citizen, is the wife of Major R SOLAR
residing at 177 Mayon, Quezon City; that respondent is the incumbent Superintendent of
the Philippine National Police, Quezon City with office at City Hall, Quezon City, where he
may be served with summons and other court processes;
2.
That on August 30, 1992 Major R Solar of the PNP, Quezon City while
holding office was arrested by superior police authorities for alleged participation in a
robbery with homicide in Quezon City;
3.
That since then Major R Solar was detained at the Police Sub-Station 5,
Quezon City, without any formal charge filed against him;
4.
That Major R Solar had not participated in the alleged robbery with
homicide hence his arrest and detention is without any lawful cause;
5.

That Major R Solaris restrained of his liberty without due process of law.

WHEREFORE, in view of the foregoing, it is respectfully prayed that this Honorable

Court:
1.
order respondent and/or his agents to appear before this Honorable Court
and produce Major R Solar and forthwith explain why he should not be released from
detention immediately;
2.

declare his arrest and detention as invalid and un-constitutional.

Petitioner further prays for such other relief and remedy as this Honorable Court
may deem just and equitable.
Quezon City, Philippines.
September 26, 1992.
CRUZ Law Office
by J. CRUZ
PTR No.
IBP receipt no.
VERIFICATION
Mary Solar after having been duly sworn in accordance with law hereby states:
That she is the petitioner in the above-entitled case;
That she has caused the filing of the petition and the contents thereof are true and
correct.

Quezon City, 23. September, 1992.

MARY SOLAR
Petitioner
Subscribed and sworn to before me this 26th day of Sep-tember 1992 at Quezon
City, affiant having exhibited to me * her Residence Certificate No. 52789, issued at
Quezon City on January 4. 1992.
P. SOLIVEN
Notary Public
Until December 31, 1992
Doc. No.
Page No.
Book No.
Series of 1992

Question No. 13:

Prepare a petition for reconstitution of the original copy of TCT No. 9213645 in
the name of Lina Ochoa which was burned when the Office of the Registry of Deeds of
Quezon City was razed to the ground on June 11, 1992.

Answer:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, Quezon City
JUAN V. PEREZ
Petitioner
- versus
PEDRO E. SISON.
REGISTER OF DEEDS
Quezon City
x--------------------------x
PETITION FOR RECONSTITUTION OF
TRANSFER CERTIFICATE OF TITLE
Comes now the petitioner through undersigned counsel and to this Honorable
court respectfully alleges:

1.
That petitioner is of legal age, married, Filipino citizen and residing at 107
Malaya. Quezon City; that respondent Pedro Sison is the Register of Deeds of Quezon City.
Quezon City Hall where he may be served with summons and other court processes;
2.
That petitioner is the registered owner of a parcel of land located at
Malaya Street. Quezon City and covered by Transfer Certificate of Title No. 7984. Registry
of Deeds of Quezon City, free of any encumbrance;
3.
That on June 11. 1992 the office of the Register of Deeds of Quezon City
was burned and all the Torrens titles in said office including T.C.T. No. 7984 were burned;
4.

That said T.C.T. was never mortgaged or sold to anyone;

WHEREFORE, it is respectfully prayed that the Register of Deeds of Quezon City

issue a reconstituted Original Title based on the owners Duplicate Certificate of Title
hereto attached in the name of herein petitioner.
Quezon City. September 26. 1992.
PEDRO CRUZ
Counsel for Petitioner
P.T.R. No.
I.B.P. O.R.
Subscribed and sworn to before me this 26th day of September by JUAN PEREZ,
exhibiting to me his Residence Certificate No. 12346 issued at Quezon City on 4 January
1992.
JUAN CRUZ
Notary Public
Until December 31. 1992
Doc. No.
Page No.
Book No.
Series of 1992
[The foregoing form is the ordinary procedure but in that incident of fire in
Quezon City Hall the reconstitution was through a special administrative process to
facilitate the reconstitution of thousand of titles.]

Question No. 14:

Roy Alvarez filed a complaint for damages against Erwin Bracia, docketed as Civil
Case No. 92-31046 of the Regional Trial Court of Caloocan City. Said case is scheduled for
pre-trial on October 5. 1992. Since Roy Alvarez cannot attend the pre-trial, he authorized
his lawyer. Atty. Albert Florentino, to represent him therein with full power and authority.

Prepare the corresponding special power of attorney.

Answer:
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
1.
That I. ROY ALVAREZ. Filipino citizen, of legal age and residing at 179
Rizal, Caloocan City have filed a com-plaint for damages against Erwin Bracia, Civil Case
No. 17896. Regional Trial Court of Caloocan City;
2.

That said case was scheduled for pre-trial on October 5, 1992 at 9:00 a.m.;

3.
That in view of the fact that I cannot attend said pre-trial because I am
making a business trip to Japan. I have authorized by these presents my counsel. Atty.
Alberto Florentino to represent me and giving him full powers to enter into pre-trial and
stipulate facts in accordance with law;
IN WITNESS WHEREOF. I have hereunto set my signature this, 26th day of
September 1992 at Caloocan City. Metro Manila.
ROY ALVAREZ
Witnesses
ACKNOWLEDGMENT
Republic of the Philippines
Caloocan City
On this 26th day of September 1992 in Caloocan City Roy Alvarez personally
appeared before me and known to me to be the same person who executed the foregoing
instrument and acknowledged to me that it is his free act and voluntary deed. He
exhibited to me his Residence Certificate No. 79112, issued at Caloocan City on January 4.
1992, and TAN No. 79512.
Notary Public
Until Dec. 31, 1992
Doc. No.
Page No.
Book No.
Series of 1992

1991 BAR EXAMINATION

I
In at least two (2) paragraphs, give all your reasons why you want to become a
lawyer, and discuss what values you must cultivate and how you must conduct yourself to
uphold the nobility, protect the integrity, and enhance the prestige of the law profession.

ANSWER:
I want to be a lawyer in order to be a member of a very noble profession and to
participate in the administration of justice. As a lawyer, I am an officer of the court sworn
to assist in the administration of justice.
As a lawyer, I am sworn to maintain allegiance to the Republic of the Philippines,
support the Constitution and obey the laws and maintain the respect due the courts of
Justice. I shall accept cases that I honestly believe to be meritorious and to employ
methods consistent with truth and honor.
I want to become a lawyer because the profession of law is more a mission than a
business, trade or craft and therefore its object is not material reward but to promote the
administration of Justice. Lawyers are an essential ingredient of justice which is vital to the
survival of every society. Without justice, there will be anarchy. As a lawyer, I will have the
noblest opportunity to become an officer of the court, to help maintain the respect due to
the court and to employ only such means as are consistent with truth and honor so that
justice will prevail.
Include in the values to cultivate honesty, truthfulness, industry, honor and
independence.
II
What is the purpose of disbarment as a means of disciplining erring lawyers?

ANSWER:
The purposes of disbarment are:
1.

to protect the public

2.

to protect and preserve the legal profession and

3.
to compel the lawyer to comply with his duties and obligations under the
Code of Professional Responsibility.
In re: Vicente Pelaez as reiterated in Cuyugan U. Amante the Court stated the
purpose as follows: The purpose of disbarment is to purge the legal profession of any

lawyer who exhibits a want of professional honesty, as to render him unworthy of public
confidence and unfit and unsafe person to manage the legal business of others. The reason
is because it is the court which admits an attorney to the bar and the court requires for
such admission the possession of a good moral character. If that qualification is a condition
precedent to a license and privilege to enter upon the practice of law it would seem to be
equally essential during the continuance of the practice and the exercise of the privilege.
So it is held that an attorney will be removed not only for malpractice and dishonesty to his
profession but also for gross misconduct not connected with his professional duties which
shows him to be unfit to the office and unworthy of the privileges which his license and the
law confer upon him. Disbarment is necessary so that respectability of the bar will be
maintained.
Is the penalty of indefinite suspension from the practice of law imposed upon an
erring lawyer a cruel and unusual punishment? May a suspended lawyer nevertheless
appear in court to prosecute or defend a case?

ANSWER:
In Zaldiuar vs. Sandiganbayan, 170 SCRA 1. the Supreme Court held that the
penalty of indefinite suspension from the practice of law is not cruel and unusual
punishment. The lifting of suspension of a lawyer from the practice of law depends on the
lawyer himself to show with convincing evidence that he had rehabilitated and reformed
and his willingness to comply with the rules of ethics of the profession. The said case
involved Raul Gonzales who was indefinitely suspended until he apologizes to the court for
the offensive and disrespectful language used against the court.
NOTE: While the Supreme Court has already held that suspension is not a cruel and
unusual punishment, a student may believe that it is cruel and unusual for the following
reasons: suspension is an indefinite kind of penalty and you will have to beg for
reinstatement.
A suspended lawyer may appear in court to prosecute or defend a case in his
behalf but not in behalf of other clients.

III
Miss Amparo engaged the services of Atty. Rito, a young lawyer and her former
boyfriend, to act as her counsel in a case. True to his lawyeris oath. Atty. Rito represented
her to the best of his ability even when he had no opportunity to talk to her on the
progress of the case. When the case was terminated, Amparo refused to pay Atty. Ritois
fees on the ground that there was no written contract of their professional relationship.
(A)

Can Amparo justify her action?

ANSWER:
Amparo may not justify her refusal to compensate Atty. Rito for his legal service. An
attorney is entitled to attorneys fees for services rendered even in the absence of a
contract for attorney's fees.

ALTERNATIVE ANSWER:
She had the right to assume that that because of the past relation, she can presume
that the services will be rendered for free.
(B) If Amparo cannot, upon what basis then may Atty. Rito be compensated? What
are the considerations to be taken into account?

ANSWER:
Atty. Rito has the right to demand attorneys fees based on an implied contract and
for services rendered. The determination of the amount of attorneys fees will be based on
quantum merit, namely; time spent and extent of services rendered; novelty of the case;
importance of the subject matter; skill demanded; probability of losing other employment; customaiy changes, amount involved; contingency or certainty of compensation;
professional standing and capacity of the client to pay.

IV
The spouses X and Y and their three (3) minor children, A, B, and C, were
passengers of one of the buses of the Lahar Transportation Corp., a common carrier. They
were to attend the wedding of a relative in Sto. Tomas, Batangas. The bus turned turtle
along the South Expressway in Biloan, Laguna. All of them suffered serious physical injuries
and were hospitalized for thirty-one (31) days. Upon the advice of lawyer V, who claims to
have strong special connections with some judges in Quezon City, where X and Y are
resided; in Makati, where they have a house which is occupied by A; and in BiOan, Laguna,
where the accident occurred, they decided to file three (3) separate complaints for breach
of contract of carriage, to wit: (1) the complaint of X and Y in the RTC of Quezon City; (2)
the complaint of A, assisted by X and Y, in the RTC of Makati; and (3) the complaint of B
and C, assisted by X and Y, in the RTC of Bihan, Laguna.
(A)

Are Atty. Vis action proper?

ANSWER:
Attorney Vs actions are not proper because he engaged in forum shopping and
represented that he has influence. Rule 12.02 provides that a lawyer shall not file multiple
actions arising for the same cause.

(B)
If proper, for what may he be charged with, and what penalty or penalties
may be imposed upon him?

ANSWER:
The lawyer violated Rule 12.02 for filing multiple actions arising from the same incident.
Penalty of suspension or fine should be imposed upon him as forum shopping is a
malpractice.

V
Atty. B acted as counsel for C in a civil case. He also acted as counsel for D against
C in another civil case, when D lost his case against C, he filed an administrative complaint against Atty. B for conflict of interest. Decide.

ANSWER:
If the case of C in the first case Is entirely different and related with the case of D
against C, there is no conflict of interest. If the two cases however are related wherein
attorney has knowledge of the evidence of C then there is conflict of interest.
Rule 15.01 provides that: A lawyer in conferring with a prospective clients, shall
ascertain as soon as practicable whether the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith inform the prospective client.
Rule 15.03 further provides that: A lawyer shall not represent conflicting interest
except try written consent of all concerned given after a full disclosure of the facts.
Lawyer U, a retired Tanodbayan prosecutor, now in the private practice of law.
entered his appearance for and In behalf of an accused in a case before the
Sandiganbayan. The prosecution moved for his disqualification on the ground that he had
earlier appeared for the prosecution in the case and is knowledgeable about the
prosecution's evidence, both documentary and testimonial. U contended that he merely
appeared at the arraignment on behalf of the prosecutor assigned to the case who was
absent at the time. Decide.

ANSWER:
Lawyer U should be disqualified from entering his appearance in this case even
only for arraignment of the accused. His appearance is deemed to be appearing for
conflicting interest.

ALTERNATIVE ANSWER:
Canon 36 provides that a lawyer, having once held public office or having been in
public employ, should not, after his retirement, accept employment in connection with any

matter he has investigated or passed upon while in such office or employ. The contention
of U that he merely appeared at the arraignment on behalf of the absent prosecutor, is not
enough. As a former Tanodbayan prosecutor, he certainly had occasion to obtain
knowledge about the prosecutions evidence.

VI
XYZ Corporation, represented by Atty. W. won in a civil case against ABC Co. and
was awarded attorneys fees in the amount of P25.000.00. In its contract with Atty. W in
relation to said case, XYZ Corp. bound itself to pay him with P10.000.00 for attorneys fees,
which it paid when it rested its case. ABC Co. failed to pay the adjudged attorneys fees
even after the decision had become final. Atty. W filed a motion for execution of
Judgment on the attorneys fees, claiming to be his. XYZ Corp. also had a similar motion
claiming that the adjudged attorneys fees belong to it. Which motion will you grant?

ANSWER:
The attorneys fees awarded by the court is in the form of damages and should belong to
the client XYZ Corporation.
(B)
A, after taking his oath as a lawyer in 1985. was maliciously charged with
the crime of seduction by Amor, his former girlfriend. Her parents instigated the filing of
the case. A appeared for and defended himself. In the decision acquitting him, the court
explicitly stated that he was a victim of malicious prosecution. A then filed a complaint for
damages and attorneys against Amor and her parents. A likewise appeared for himself in
the case. Can her recover attorneys fees?

ANSWER:
No. Attorney A is not entitled to attorney's fees. He may, however, be entitled to
attorneys fees in the form of damages upon proof of bad faith of the defendant and a
definite ruling be made by the court on the claim.

VII
May a lawyer decline as appointment by the court as counsel de oficio for an
accused because he believes, and is fully convinced, that the accused is guilty of the crime
charged?

ANSWER:
A lawyer may not decline an appointment as counsel de officio even if he is
convinced that the accused is guilty. It is his obligation to at least protect his rights. He

might even have him acquitted or at least reduce his penalty depending on the evidence
during the trial.

ALTERNATIVE ANSWER:
A lawyer cannot decline an appointment as counsel de officio because an accused
is entitled to counsel and refusal may lead to a situation where an accused will be denied
his right to counsel.
(B) Would your answer be the same if he is asked to be counsel for a defendant in a
civil case whose defense is based on falsified documents? If your answer is different,
explain the ethical considerations for the difference.

ANSWER:
If the defense in the civil case is based on falsified documents the lawyer should
decline.
That is in compliance with the lawyers oath that he should not wittingly nor
willingly promote or sue any ground-less false or unlawful cause or give nor consent to the
same. He is obligated not to delay a manis cause for money or malice.

VIII
Explain the meaning and ramifications of this statement:
The judge is an arbiter of law and a minister of justice."

ANSWER:
This statement is taken from a decision of the Supreme Court in Alonso vs.
Intermediate Appellate Court, 150 SCRA 259. It means that a judge should not unfeelingly
literally apply the law yielding like robots which may result in gross injustice. He should
interpret and apply the law for the main purpose of administering justice.
What rule should guide a Judge in determining whether he should not voluntarily
inhibit himself in a case pending before him?

ANSWER:
The Rule is stated in the last paragraph of Rule 137, section 1 of the Rules of Court
which provides that in the exercise of his sound discretion a judge should disqualify
himself from sitting in a case, for just or valid reasons.
If there is any circumstance that might affect his impartiality, the judge should
exercise his sound discretion to inhibit himself from trying a case. As ruled in Pimentel vs.
Salanga, 21 SCRA 160, when suggestion is made of record that he might be induced to act

in favor of one party or with bias or prejudice against a litigant arising of circumstances
reasonably capable of inciting such a state of mind, h e should conduct a careful
examination and in good grace inhibit himself where that case could be heard by another
judge and where no appreciable prejudice would be occasioned to others involved
therein.

ALTERNATIVE ANSWER:
A judge may not be legally prohibited from sitting in a litigation. But when the
suggestion is made of record that he might be induced to act in favor of-one party or with
bias or prejudice against a litigant arising from circumstances reasonably capable of
inciting such a state of mind, he should conduct a careful self-examination."

IX
Lawyer W lost his ejectment case in the Municipal Trial Court. He appealed the
decision to the RTC which V, the judge thereof, affirmed through a memorandum decision.
He filed a motion for reconsideration praying that the RTC should state the facts and the
law on which its decision is based. Judge V denied his motion. Instead of filing a Petition
for Review, lawyer W filed an administrative complaint against Judge V for breach of the
Code of Judicial Conduct. What is the liability of Judge V, if any?

ANSWER:
There is no breach of the Code of Judicial Conduct committed by the RTC Judge.
The memorandum decision rendered in an appeal from the Municipal Court in its original
jurisdiction officers carries with it the statement of facts found by the Municipal Court
which are deemed affirmed by the RTC judge. Memorandum decisions are allowed on
appeal.

X
In the Course of a petition for ball in a case for illegal possession of firearms in
furtherance of rebellion pending before him, judge AM (who has been long frustrated with
his work because he has not been appointed to the Court of Appeals despite the strong
recommendations of several Members of Congress) made statements contrary to the
rulings of the Supreme Court on the matter. He further made utterances imputing bias to
the Supreme Court in favor of the Administration which, according to him, is the reason
why all petitions for bail in similar cases were denied despite the apparent weakness of the
evidence for the prosecution.
A.

What are the implications of Judge AM's actuations?

ANSWER:
The facts related in this question are similar to the case of Judge Jesus Morfe of the
Court of First Instance of Manila who had long been aspiring for an appointment to the
Court of Appeals. He held a contrary view from the decision of the Supreme Court in
People vs. Hernandez that all crimes are absorbed in a lesser of crime of rebellion which
he did so in his decision.
To maintain the stability of jurisprudence and an orderly administration of justice
to trial judge should render decisions in accordance with settled jurisprudence set by the
Supreme Court. If he feels that a law or doctrine enunciated by the Supreme Court is
against his conviction, he may state his personal opinion on the matter but should decide
the case in accordance with the law or settled doctrine and not with his personal views. He
may likewise recommend remedial measures.
(A)
The implications of Judge AM is actuations are that he could be violating
his oath of office of upholding the law and the Code of Judicial conduct to administer his
office with due regard to the integrity of the system of law. He could also be violating his
duty as a minister of justice under a government of laws and not of men.
(B)

Is he liable for disciplinary action? For what?

ANSWER:
The Judge can be liable for disciplinary action for violations of the Code of Judicial
Ethics.

XI
A complaint for rape against ZZ was filed by the father of Dulce, an 11-year old
girl, with the Municipal Trial Court of Bantayan, Cebu. After preliminary examination of
the offended party and the witnesses, Judge YY of said court issued an order finding
probable cause and ordering the arrest of ZZ without bail ZZ was arrested and detained.
He file: (1) a Waiver of Preliminary Investigation, and (2) an Ex- Parte Motion to Fix Bail
Bond. Judge YY granted the waiver and forthwith elevated the records of the case to the
RTC, which forwarded the same to the Office of the Provincial Prosecutor.
Ten (10) days after the elevation of the records. YY, acting on the Motion To Fix
Bail, issued an order fixing the bail bond at P20.000.00. The father of Dulce filed against
YY an administrative complaint for ignorance of law. oppression, grave abuse of discretion
and partiality, if you were the executive judge of the RTC designated to investigate the
case and to make a report and recommendation thereon, what would be your
recommendation?

ANSWER:
The facts narrated in this case is similar to the decision of the Supreme Court in
1989. The judge was found guilty of ignorance of the law for granting bail despite the fact
that he had already lost Jurisdiction after elevating the records of the case to the Regional
Trial Court.
If I am the RTC Judge assigned to investigate the case I would recommend the
dismissal of the Judge for gross ignorance of the law.

XII
In the pre-trial during the plea bargaining of a criminal case for murder, accused
OA wanted to enter a plea of guilty to the lesser offense of homicide. Private complainants
agreed, but the Asst. Provincial Prosecutor hesitated, reasoning that he still has to get the
approval of the Provincial Prosecutor. The pre-trial was cancelled and reset to a date,
thirty (30) days after. On this hearing date, the Asst. Provincial Prosecutor manifested that
his request for approval of accused OA is plea bargain was not acted upon by the
Provincial Prosecutor. He asked for a resetting of the pretrial, which was forthwith denied.
Judge O, after ascertaining that private complainants were amenable to accused OA is
plea bargain, proceeded to arraign him, then imposed the sentence for homicide. The
Asst. Provincial Prosecutor filed a petition for certiorari and an administrative case against
Judge O for grave abuse of discretion and ignorance of the law. Decide.

ANSWER:
Plea bargaining is now allowed under the rules of procedure. Although the
assistant provincial prosecutor may have objected to the prayer of the accused to a lesser
offense, it is within the discretion of the judge to accept said plea as a measure towards
speedy disposal of cases.
The petition for certiorari and the administrative charge against the judge will not
prosper.

ALTERNATIVE ANSWER:
There is grave abuse of discretion. This is forum shopping. Since a petition for
certiorari has already been filed, the administrative case should not have been filed
anymore. (Sec. 2 Rule 116).

XIII
CD, married to HR, sold their parcel of land located in Ayala Heights, Quezon City
to DX for the amount of

P500.000.00. The land is more particularly described in Transfer Certificate of Title No.
45678 in the Registry of Deeds of Quezon City. The parties agreed that all expenses for
taxes, registration, transfer and association dues are for the account of DX. Prepare the
contract of sale. Use a fictitious name for the notary public. (Do not specify the metes and
bonds of the property; just state the TCT no. and the location).

ANSWER:
DEED OF SALE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
CD, married to HR, Filipino citizens and residents of Ayala Heights. Quezon City,
hereinafter known as the VENDORS and DX, Married to Y, Filipino citizens residents of
No. 12 San Andres, Manila, herein after known as the VENDEES have entered into this
contract of sale as follows:
1.
That the VENDORS are the owners in fee simple title of a parcel of
residential land containing an area of 1,000 square meters and covered by Transfer
Certificate of Title No. 45678 of the Registry of Deeds of Quezon City;
2.
that for and in consideration of the sum of P500.000 duly acknowledge
and received by these presents, the VENDORS hereby sell, cede and convey by way of
absolute sale to the herein VENDEES, the aforesaid described property;
3.
That it is further agreed that all expenses for taxes, registration, transfer
and association dues are for the account of DX;
4.
IN WITNESS WHEREOF we have hereunto set our signatures this 29th day
of September 1991 in Quezon City.
DX
Vendee

CD
Vendor
With my marital consent: HR

Witness

Witness
ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

S.S Quezon City
)
On this 29th day of September 1991 personally appeared before me CD, HR, AND
DX known to me to be the same persons who executed the foregoing deed and
acknowledged that it is their free act and voluntary deed and exhibiting to me their
Residence Certificates and Tax Account Numbers as follows:

In Witness Whereof, I have-hereunto set my signature and seal on the day above
stated.
JUAN SATOS
Notary Public
My Commission expires
December 31, 1991
Doc. No.
;
Page No.
;
Book No.
;
Series of 1991.

XIV
A complaint for knowingly rendering an unjust Judgment was filed against Judge X
before the Provincial Prosecutors Office. Z, the investigating prosecutor, found a prima
facie case against X. Prepare the information. Omit the caption.

ANSWER:
Undersigned Fiscal charges Judge X of the Regional Trial Court of Manila of the
crime knowingly rendering unjust Judgment punishable under Article 204 of the Revised
Penal Code committed as follows:
That on or about August 1.1991, Judge X, Regional Trial Court of Manila dismissed
a charge of rape of a 12 year old girl filed against Juan on the basis of an affidavit of
desistance of the victim, knowing fully well that in the crime statutory rape consent of the
victim is invalid.
Contrary to law.
JUAN CRUZ
Assistant Fiscal
CERTIFICATION
I hereby certify that a preliminary investigation on this case has been conducted by
me in accordance with law; that I have examined the complainant and his witnesses; that
there Is a reasonable ground to believe that a crime has been committed and the accused
is probably guilty thereof; that the accused was informed of the complaint and of the
evidence submitted against him and was given an opportunity to submit controverting
evidence, and that the filing of this information is with prior authority and approval of the
City Fiscal.

Manila. September 1, 1991.

JUAN CRUZ
Assistant Fiscal
SUBSCRIBED AND SWORN to before me this 1st day of September 1991 in the
City of Manila.
PEDRO SISON
City Fiscal
List of Witnesses
Bail Recommended P50.000.

XV
Jocot asks you to prepare a negotiable promissory note wherein the promissory,
Bryan, binds himself to pay a loan of P50.000.00 in five (5) equal monthly Installments
commencing on October 1991; payable not later than the 20th day of each month, with
interest at ten percent (10%) per annum. He wants you to include an acceleration clause,
and stipulations regarding attorneys fees of P5,000.00 in the event of suit to enforce the
note and on venue of action which shall only be in the appropriate court in Cebu City.
Prepare the requested promissory note.
Bryan failed to pay the promissory note referred to in letter a above. Jocot decided
to file a complaint against Bryan to enforce the note and hired the services of George, a
young lawyer, for that purpose. You are George, prepare the complaint.

ANSWER:
A.
I, Bryan, Filipino citizen, of legal age and resident of Manila promise to pay
JOCOT or order the sum of P50.000.00 in five equal installments commencing on October
1, 1991, payable not later than the 20th day of each month, with compounded interest at
ten percent (10%) per annum; that in the event of a suit to enforce the promissory note, I
promise to pay P5.000 as attorneys fees; and that said action shall be filed in an
appropriate court in Cebu City.
Cebu City, September 1, 1991.
BRYAN
B.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
CEBU CITY

JOCOT,
Plaintiff,
- versus -

FOR SUM OFMONEY

Civil Case No. 2

BRYAN.
Defendants,
x-----------------------x
COMPLAINT
COMES NOW the plaintiff through the undersigned counsel and to this Honorable
Court, respectfully alleges,
1.
That plaintiff, JOCOT is a Filipino citizen, married and resident of Cebu
City and defendant BRYAN, is a Filipino citizen and resident of No. 2 Osmea Street. Cebu
City where he may be served with summons;
2.
That on September 1, 1991, defendant executed a promissory note in favor
of the plaintiff in the amount of P50.000 to be paid within a period of five months from
October 1, 1991. A copy of said promissory note is hereto attached as Annex of this
complaint:
3.
That the period of five months had already expired and defendant failed to
pay said promissory note;
4.
That despite repeated demands both oral and written, defendant still
failed and refused to pay said promissory note;
5.
That the plaintiff was constrained to file this suit to enforce said promissory
note engaging the services of counsel in the amount of P5.000;
6.
That the amount due from defendant in accordance with said promissory
note is P50.000 plus compounded Interest of 10% per annum plus attorney's fee in the
amount of P5.000;
WHEREFORE, it is respectfully prayed that after due trial, defendant be ordered to
pay the plaintiff P50.000 plus compounded interest of 10% per annum and P5.000
attorneys fees.
GEORGE
Counsel for Plaintiff
PLT No. 5798
IBP OR No. 6790

XVI
Prepare an Affidavit of Good Faith in a Chattel Mortgage with A as mortgagor. B as
mortgagee, and Mabel Riza as the notary public.

ANSWER:
AFFIDAVIT OF GOOD FAITH
REPUBLIC OF THE PHILIPPINES
City of Manila

)
) S.S.
)

We, A as mortgager and B as mortgagee severally swear under oath the foregoing
chattel mortgage was executed by us for securing a good and valid obligations and not for
the purpose of committing fraud.
A
Mortgager

B
Mortgagee

SUBSCRIBED AND SWORN to before me this 1st day of September 1991 in the
City of Manila affiants having exhibited me their Residence Certificate Nos.__________ and
Tax Account Nos._______________________.
MABEL RIZA
Notary Public
My Commission expires
December 31, 1991.
Doc. No.
;
Page No.
;
Book No.
;
Series of 1991.

1990 BAR EXAMINATION

Question No. 1:
Mrs. Amy Dizons husband was killed in a traffic accident. She wants to sue the bus
company for damages but she cannot afford a lawyer. She approached Atty. Larry Rio who
agreed to handle the case without any retainers fee or expenses on her part, on the
condition that in case of recovery of damages, he shall get 33% of the award by the court.
Is this arrangement valid and permissible? Decide with reasons.

ANSWER:
In the recent case of Angel L. Bautista vs. Atty. Ramon A. Gonzales. Adm. Matter
No. 1625, February 12, 1990, the Supreme Court held that an agreement as to attorney's
fees which provides that the lawyer shall defray all the expenses of the suit, is contrary to
Canon 42 of the Canons of Professional Ethics which provides that a lawyer may not
properly agree with a client to pay or bear the expenses of litigation (See also Tule 16.04,
Code of Professional Responsibility). The Court added that although a lawyer may in good
faith, advance the expenses of litigation, the same should be subject to reimbursement."
And. an agreement whereby an attorney agrees to pay expenses of proceedings to
enforce the clients rights is champertous" and against public policy especially where, as
in this case, the attorney has agreed to carry on the action at his own expense in
consideration of some bargain to have part of the thing in dispute."
The arrangement between Amy Dizon and Atty. Larry Rio, which provides that the
latter will handle the case without any retainers fee or expenses on her part, can be taken
to mean that the lawyer will carry out the case at his own expenses without
reimbursement. On the basis of the foregoing decision of the Supreme Court, such an
arrangement is invalid.
However, the contingent fee contract is not prohibited by law and is impliedly
sanctioned. A contingent fee is however closely supervised by the court to safeguard the
client from unjust charges, and its validity depends, in large measure, upon the
reasonableness of the amount fixed under the circumstances of the case. A contingent fee
of 33% of the amount of recovery may be reasonable if the bus company fights the case
until the Supreme Court and the litigation is hard-fought and long drawn; It may be
unreasonable If the bus company agrees to compromise. But the fact that a contingent fee
is unreasonable does not preclude the lawyer from being paid his fees on quantum meruil
basis.

Question No. 2:
Your services as a lawyer are engaged by John Dizon to defend him from the
charge of malversation of public funds before the Sandiganbayan. John confessed to you
that he actually misappropriated the amount charged but he said it was out of extreme
necessity to pay for the emergency operation of his wife.
Will you agree to defend him? State your reason.

Answer:
I will agree to defend him, notwithstanding his confession to me that he actually
misappropriated the amount. Rule 14.01 of the Code of Professional Responsibility
provides that a lawyer shall not decline to represent a person be-cause of his own opinion
regarding the guilt of the person. One of the duties of an attorney is that he should, in the
defense of a person accused of a crime, by all fair and honorable means regardless of his
personal opinion as to guilt of the accused, present every defense that the law permits, to

the end that no person may be deprived of life liberty but by due process of law. The
burden of proof lies with the prosecution and if the prosecution fails to discharge such
burden, the lawyer can always invoke the presumption of innocence for the acquittal of his
client. If the prosecution proves the guilt of the accused beyond reasonable doubt, the
lawyer can strive to lower the penalty by presenting mitigating circumstances, for he is not
necessarily expected to sustain the clients innocence. A lawyer is an advocate, not a judge,
and if he has rendered effective legal assistance to his client as allowed by law, he can
rightfully say that he has faithfully discharged his duties as a lawyer, even if the accused is
found guilty by the court.

Question No. 3:
1)
A Judge seen having lunch with a litigant with a case pending before him
in a court. He was also seen at the racetrack placing his bet on certain horses. How would
you evaluate the behavior of the judge? Explain.
2)
Discuss the propriety of a judge standing as sponsor at the wedding of the
son of the litigant his court?

Answer:
1)
The judges behavior is highly improper. Canon 2 of the Code of Judicial
Conduct requires that a Judge should avoid impropriety and the appearance of
impropriety in all activities. Rule 2.01 of the same Code provides that a judge should so
behave at all times as to promote public confidence in the integrity and impartiality of the
Judiciary. His having lunch with a litigant with a case pending before him in court violates
such rule and gives the adverse party cause to complain against his impartiality.
His going to the race track to place a bet on certain horse puts the judiciary
personified by him in a bad light. For the personal behavior of a judge, not only upon the
bench but also in everyday life, should be above reproach and free from the appearance of
impropriety. His judicial office circumscribes his personal conduct and imposes a number
of restrictions, which he must observe faithfully as the price he has to pay for accepting
and occupying an exalted position in the administration of Justice.
2)
For reasons above stated, a judges standing as sponsor at the wedding of
the son of a litigant in his court is highly improper for it gives the Impression, rightly or
wrongly, that he is disposed to resolve the case in favor of such litigant. Public confidence
in the impartiality of the judge is eroded, and the due administration of Justice suffers
thereby. It is also a violation of the letter and spirit of Rule 2.03 of the Code of Judicial
Conduct which states that the prestige if judicial office shall not be used orient to advance
the private interests of others, nor convey or permit others to convey the impression that
they are in a special position to influence the judge.

Question No. 4:
1)
Would it be proper for (he judge to accept a donation of a lawyers table
and chairs for his sala from the local chapter of the Integrated Bar of the Philippines (IBP)?
Explain your answer.
2)
May a judge properly solicit for his promotion the endorsement of the
local chapter of the IBP to the Judicial and Bar Council? Explain your answer.

Answer:
1)
It would be proper for a Judge to accept the donation of a lawyers table
and chairs for his sala from the local chapter of the IBP because the donation comes from
an organization of lawyers whose duty, among others, is to help in the proper
administration of justice. Accepting the donation is not for the personal benefit of the
judge but for providing physical facilities for the administration of justice, which is the
concern by both the Judge and the IBP local chapter. What is prohibited is accepting
presents or donations from litigants or from particular lawyers practicing before him.
2)
A judge may not properly solicit for his promotion the endorsement of the
local chapter of the IBP to the Judicial and Bar Council because it will give the impression
that his promotion is not purely on merit, and the Judge may feel beholden to the
particular officers of the local chapter which may. in the future, influence him in the
disposition of cases handled by such officers as counsel for litigants. Moreover,
considering his position, the local chapter officers may not be able to refuse such
solicitation even if they believe that he is not qualified for promotion. The judge should
stand by his own ability, qualifications and fitness, without exerting extra efforts on his
part to influence the local chapter to indorse his promotion. The local chapter should, on
its own and without solicitation from the judge. make its own assessment and appraisal of
the judges qualifications and fitness for promotion, and if it is convinced that the judge
possesses the required qualifications, it is the duty of the local chapter to make known
such assessment to the Judicial and Bar Council.
Question No. 5:
1)
What would your comment be about a judge who. whenever he
promulgates a decision, invites representatives of the print and broadcast media to his sala
for the purpose of having the promulgation televised, and that in the process, he gives
interviews although he does not discuss his personal views on the merits of the case?
Explain your answer.
2)
How far should the judge allow publicity of the proceedings and decisions
of his court? Explain your answer.

Answer:
1)
The judge's conduct is improper. Canon II, Rule 2.02 of the Code of Judicial
Conduct provides that a judge should not seek publicity for personal vainglory. A judge
should conduct proceedings in court with fitting dignity and decorum and in such a
manner as to reflect the Importance and seriousness of the inquiry to ascertain the truth.
Allowing television coverage of the promulgation of the decision would detract the
dignity of the court proceedings, degrade the court and create misconception in the
public mind. His giving interviews, even if he does not discuss his personal views on the
merits of the case, has no other purpose than to seek publicity for personal vainglory,
which is prohibited.
2)
A judge may allow publicity by letting his actuations as a Judge and his
decisions speak; for themselves, without any comment on his part. What makes publicity
improper is the employment of traditional dignity of court proceedings and of the judge
himself. Good, efficient, speedy and correct administration of justice on his part has a way
of publicizing itself and catching public attention, and the publicity thereby generated is a
normal by-product of efficient discharge of his duties, which IS proper.

Question No. 6:
A lawyer charged his client P 10,000.00 for filing fees pertaining to the complaint
he filed in court. He actually spent only PI,000,00. He did not account for the balance.
1)
May his client charge him for misconduct as a member of the Philippine
Bar? Explain your answer.
2)
Suppose that the lawyer should be charged, how and where should the
complaint be filed? Explain your answer.

Answer:
1)
The client may charged his lawyer with misconduct for not accounting for
the balance of P9.000.00. It is well settled that where the client gives his lawyer money for
a specific purpose, such as to pay the docket fees for the filing of an action in court, so
much of the money not used for the purpose belongs to the client and the lawyer holds it
in trust for him. And it Is the lawyer's duty to promptly account for all money received from
his client. For this reason, the lawyers failure to account for the balance of the money not
spent for filing fees will render him liable for misappropriation, which is a ground for
disbarment.
2)
The client may file a verified complaint for disbarment against his lawyer.
His verified complaint shall state clearly and concisely the facts complained of and shall be
supported by affidavits of person or persons having personal knowledge of the facts
therein alleged and/or by such documents as may substantiate said facts. The client may
file the complaint directly with the Supreme Court, in which case at least 18 copies thereof
shall be filed, and the Supreme Court may refer the complaint to the IBP Board of

Governors for appropriate action, such as assigning the complaint to an investigator, or to

the Solicitor General or court officer or judge for investigation when the interest of justice
requires. The client may, however, file his complaint, in six copies, with the IBP Board of
Governors, which will then assign the case to an investigator for investigation, or with the
Secretary of a local chapter of the IBP, which will in turn transmit the same to the IBP
Board of Governors for assignment to an investigator. (Rule 139-B of the Rules of Court).

Question No. 7:
Atty. Chito Sobretodo was retained by Buddy Capilla to handle his case in the
Securities and Exchange Commission. There is a tax angle so Sobretodo consulted Atty.
Romy Collado. a tax expert, and for his assistance shared 50% of the retainer fees with
Collado.
Is this proper? Explain your answer.

Answer:
There is no impropriety in the sharing of attorneys fees with tax expert Atty. Romy
Collado. This is delegation of work and not delegation of a case. As long as Atty.
Sobretodo is responsible to his client. Buddy Capilla, even if he delegated the research
work to Atty. Collado, there is no impropriety in said arrangement. What is prohibited by
the Code of Professional Responsibility is splitting of Attorneys fees with a non-lawyer.

Alternative Answer:
a)
The propriety of Atty. Chito Sobretodo consulting Atty. Romy Collado on
the tax aspect of the case depends on the circumstances obtaining.
The attorney-client relationship existed between Atty. Chito Sobretodo and Buddy
Capilla only, and not with Atty. Romy Collado. If Atty. Romy Collado is an assistant,
associate or law partner of Atty. Chito Sobretodo and if the client. Buddy Capilla. has not
prohibited Atty. Chito Sobretodo from consulting his assistant or law partner, then Atty.
Chito Sobretodo can properly seek the services of Atty. Romy Collado on the tax angle of
the case. For the general rule is that the employment of Atty. Chito Sobretodo as lawyer
for Buddy Capilla is deemed a retainer of any member of Atty. Sobretodos law firm.
However, if Atty. Romy Collado is an independent lawyer. Atty. Chito Sobretodo cannot
properly consult Atty. Romy Collado on the tax angle of the case without the consent of his
client. Buddy Capilla, because the consultation will involve revelation of the clients
secrets, privileged communications or affairs to a lawyer with whom he has no attorneyclient relationship. To do so without the clients consent will be to violate the lawyer's duty
to keep his client's confidences or affairs, secret or undisclosed. Moreover, Rule 18.01 of
the Code of Professional Responsibility provides that a lawyer shall not undertake a legal
service which he knows or should know that he is not qualified to render, but he may
render such service if. with the consent of his client, he can obtain as collaborating counsel
a lawyer who is competent on the matter.

Since Atty. Collado has rendered services. Atty. Sobretodo can very well share 50%
of his fees with Atty. Collado, the matter of fee division being between the two lawyers
only because the client is not asked to pay additional amount for Collados services as tax
expert.
b) Division of fees among lawyers is allowed provided there is division of labor and
the client consents (Rule 20.02, Canon 20). Hence the sharing between Sobretodo and
Collado is proper provided the client's consent is obtained.

Question No. 8:
In a civil case before the Regional Trial Court between Mercy Sanchez and Cora
Delano. Sanchez engaged the services of the Reyes Cruz & Santos Law Offices. Delano
moved for the disqualification of the Reyes Cruz & Santos Law Offices on the ground that
Atty. Cruz is an incumbent senator.
Rule on the motion with reasons.

Answer:
As a judge, I will require that the name of Atty. Cruz, an incumbent Senator, be
dropped from any pleading filed in court or from any oral appearance for the law firm by
any other member of the law firm, and should the law firm refuse, I will disqualify the law
firm. My reasons are as follows:
Article VI, Sec. 14ofthe 1987 Constitution provides that no Senator or Member of
the House of Representatives may personally appear as counsel before any court of Justice
or before the Electoral Tribunals, or quasi-judicial and other administrative bodies." What
is prohibited is personal appearance of the Senator. Atty. Cruz, and for as long as the
Senator does not personally appear in court for Mercy Sanchez, the prohibition does not
apply. Personal appearance includes not only arguing or attending a hearing of a case in
court but also the signing of a pleading and filing it in court. Hence, the Senator should
not allow his name to appear in pleadings filed in court by itself or as part of a law firm
name, such as Reyes Cruz and Santos Law Offices, under the signature of another lawyer in
the law firm, nor should he allow the firm name with his name therein to appear as counsel
through another lawyer, without indirectly violating the constitutional restriction, because
the signature of an agent amounts to a signing by the Senator through another lawyer is in
effect his appearance, the office of attorney being originally one of agency, and because
the Senator cannot do indirectly what the Constitution prohibits directly. The lawyer
actually appearing for Mercy Sanchez should drop the name of Atty. Cruz from any
pleading or from any oral appearance in court, otherwise the law firm could be
disqualified. Moreover, Rule 6.02 of the Code of Professional Responsibility prohibits a
lawyer in government from using his public position to promote or advance his private
interests, and the Senators name appearing in pleadings or in appearances by other
lawyers in the law firm may be misconstrued as indirectly influencing the judge to decide
the case in favor of the law firms client, which can only be avoided by dropping the name
of the Senator from the firm name whenever it appears in court.

Alternative Answer:
a)
The motion to disqualify the Reyes Cruz and Santos Law Offices may not
prosper as Article VI, Section 14 of the Constitution prohibits a Senator or Member of the
House of Representatives to personally appear as counsel in any court of justice. If
Attorney Cruz who is a Senator personally appears, he may be disqualified.
b)
I will deny the motion. The Constitution prohibits personal appearance by
a member of Congress before the Courts but does not totally prohibit law practice. As long
as the Senator does not personally or physically appear in court, there is no
disqualification.

Question No. 9:
1)
Prepare a complaint for the collection of a sum of money in behalf of your
client Jose Santos against Pedro Luz for the amount of P50.000.00 based on a promissory
note. Omit caption and title, and do not sign or use your name as counsel. Use a fictitious
name.
2)
Prepare an answer as counsel for Pedro Luz denying the validity and due
execution of the promissory note and, if at all, alleging payment. Again omit caption and
title, and use fictitious name.

Answer:
COMPLAINT
COMES NOW the plaintiff JOSE SANTOS through the undersigned counsel in the
above-entitled case and to this Honorable Court respectfully alleges.
1.
That JOSE SANTOS is a Filipino citizen of legal age and married residing at
No. 3 Sta. Cruz St.. Manila and that PEDRO LUZ. the defendant is a Filipino citizen of legal
age and residing at No. 10 Arlegui Street. Manila where he may be served with summons;
2.
That on August 1. 1990 PEDRO LUZ executed a promissory note in favor of
herein plaintiff* in the amount of P50.000.00 payable within 30 days from the date of the
promissory note which reads as follows;
Manila. Philippines
1 August 1990
I promise to pay PEDRO LUZ the sum of P50.000.00 or order within 30 days from
this date.
JOSE SANTOS"

(Copy of said promissory note is attached hereto and made an integral part hereof
as Annex A")
3.
That the 30-day period had elapsed and despite demands orally and in
writing by the plaintiff, defendant refused and failed to pay the amount stated in the
promissory note.
4.
That due to the unjust and unlawful refusal of defendant to comply with
the demands, plaintiff was compelled to file the instant action engaging the services of
counsel in the amount of PI0,000.00.
WHEREFORE, it is respectfully prayed that after due trial judgment be rendered
against defendant to pay the sum of P50.000.00 plus interest and attorneys fees and such
other reliefs, this Honorable Court may deem Just.
Manila, August 30. 1990
PETER YAN
Counsel for the Plaintiff
P.T.R. No. 5983
dated January 5, 1990 IBP
O.R No. 79890.
January 5, 1990
562 Escolta, Manila
2)
ANSWER
COMES NOW the defendant in the above entitled case through undersigned
counsel and to this Honorable Court respectfully alleges:
1.

That he admits paragraph 1 of the complaint;

2.
That he denies the allegations in paragraphs 2 & 3 of the complaint as he
never signed any promissory note in favor of the plaintiff.
3.
That he has no sufficient knowledge to form a belief as to the truth of the
allegations in paragraph 4 of the complaint and therefore denies them.
AS COUNTERCLAIM
4.
That due to the filing of the entirely baseless and unjustified complaint
without any valid cause of action, defendant's reputation was destroyed causing him
sleepless nights and mental stress, suffering mental and moral damages in an amount to be
assessed by the Honorable Court;
5.
That the defendant in order to defend himself from the unfounded suit
had to engage the services of counsel in the amount of P20.000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and

defendant be allowed to intro-duce evidence on his counterclaim or menial and moral
damages and to collect such amount including attorneys fees.
Manila, Philippines, October 1, 1990.
PERICLES SANTO
Counsel for the Defendant
PTR OR No. 7778
IBP OR No. 9784
562 Escolta, Manila
VERIFICATION
PEDRO LUZ. of legal age, after having been duly sworn, deposes and says: That he
is the defendant in the above entitled case; that he caused the preparation of the above
answer; that he has read the allegations thereof and the same are true and correct of his
own knowledge; and that the signature in the promissory note attached to the complaint
and purporting to be his signature is not his signature and such signature is a forgery, he
not having executed said alleged promissory note.
WITNESS my hand this 1st day of October, 1990.
PEDRO LUZ
SUBSCRIBED AND SWORN to before me this 1st day of October, 1990 at Manila,
affiant exhibiting to me his Residence Certificate No. 123456 issued in Manila on January
15. 1990.
Notary Public
Until Dec. 31, 1990
IBP No. 54689 issued
on June 15, 1990 at Pasig
PTR No. 98590 issued on
January 20, 1990 at Manila.
Doc. No. 25
Page No. 6
Book No. I
Series of 1990
WHEREFORE, it is respectfully prayed that the information be quashed and the
Accused be released immediately from detention.
Manila, Philippines, October 1, 1990.
JUAN TAMAD
Counsel for the Accused

PTO No. 77756

IBP No. 57789
562 Escolta St., Manila
NOTICE OF HEARING
The Clerk of Court
Regional Trial Court of Manila
Branch 47
Please set the foregoing Motion to Quash for hearing on Friday, October 5,1990 at
9;00A.M. or as soon as counsel may be heard.
JUAN TAMAD
Copy Furnished
City Prosecutor
City Hall, Manila

1989 BAR EXAMINATION

Question No. 1:
(1)
How may a proceeding for disbarment, suspension or discipline of
attorneys be instituted?
(2)
Under the grievance procedures in Rule 139-B of the Rules of Court, may
judges be investigated by the Integrated Bar of the Philippines? Explain.

Answer:
(1)
A proceeding for disbarment, or suspension or discipline of attorneys may
be taken by the Supreme Court, the Court of Appeals or the Regional Trial Court, on its
own motion, or upon complaint under oath of another in writing. The Integrated Bar of the
Philippines may investigate the matter and recommend to the Supreme Court the
disbarment and suspension from the practice of law of the erring lawyer.
(2)
Judges may not be investigated under the grievance procedure in Rule
139-B of the Rules of Court. Complaints against judges are filed with the Supreme Court
which has administrative supervision over all courts. This was the ruling of the Supreme
Court in a minute resolution in reply to the letter of acting Presiding Justice of the Court of
Appeals Rodolfo Nocon 03 January 1989.

Question 2:
Gretels residence in Makati village was foreclosed by Joli Bank. Armed with a writ
of possession issued by the lower court, the sheriff and Joli Banks lawyers evicted Gretel
and padlocked the house. A restraining order issued by the Court of Appeals which Gretel
showed the sheriff was disregarded. Gretel requested Hansel, an attorney who lives in the
same village, to assist her in explaining the restraining order, since Gretels counsel of
record was out of town. The discussion on the restraining order was conducted on the
sidewalk along Gretels house. The village security guards were attracted by the
commotion brought about by the discussion, so they called the Makati Police and the
CAPCOM who responded immediately. The CAPCOM colonel, who arrived at the scene
with his troop took it upon himself to open the house and declare Gretel as the rightful
possessor. The colonel invited Gretel and Hansel to enter the house. Five days later,
Hansel was made a co-respondent (together with Gretel) in a complaint for trespass to
dwelling filed by Joli Banks lawyers before the Makati Fiscals office.
Discuss the propriety of the act of Joli Banks lawyers, considering that all lawyers
are mandated to conduct them-selves with courtesy, fairness and candor toward their
professional colleagues and to avoid harassing tactics against opposing counsel.

Answer:
Considering that there was a restraining order issued by the Court of Appeals, it
was proper for Gretel to take steps to maintain possession of his residence with the
assistance of Hansel as lawyer.
It was not proper for the Joli Banks lawyers to file an action of trespass to dwelling
against Gretel and lawyer Hansel. Canon 8 of the Code of Professional Responsibility
provides that a lawyer shall conduct himself with fairness and candor towards his
professional colleagues and shall avoid harassing tactics against opposing counsel.

Question No. 3:
Robert, your childhood friend, has been accused of a criminal offense. You have
agreed to handle his defense for a sum which is below your usual billing rate. Robert s alibi
appears to be credible, being backed up by two witnesses who are also known to you.
During the trial, Robert joined a Christian movement and became an active participant.
He then confessed to you that he, in fact, committed the crime. What will you do? Explain
your answer.

Answer:
I, as the lawyer, shall still defend Robert at least to protect his rights. Canon 14 Rule
14.01 provides that a lawyer shall not decline to represent a person even if he knows that
he is guilty of a criminal offense. I may advise him to plead guilty to the offense and find
out if there are mitigating circumstances in his favor. In case he refuses to plead guilty I am
still bound to defend him at least to protect his rights within the lawful procedures.

Question No. 4:
(1)
your answer.

Does the client have the right to dismiss his lawyer at any time? Explain

(2)
Does the client have the right to hire another lawyer as collaborating
counsel at any time? Explain your answer.
(3)

When can a lawyer validly withdraw as counsel? Explain your answer.

Answer:
(1)
Yes, the client has the right to dismiss his lawyer anytime with or without
cause. The reason is that a lawyers employment is strictly personal and highly confidential
in nature. The clients loss of confidence in his lawyer deprives the relation of that special
element of trust.
(2)
Yes, the client has the right to hire another lawyer as collaborating counsel
anytime. It is the prerogative of the client to employ as many attorneys as he may desire to
protect his interest.
(3)
A lawyer can validly withdraw as counsel for good cause and upon notice.
Canon 22, Rule 22.01 provides that 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

(g)

Other similar cases.

Question No. 5:
(1)
You are a young, brilliant and promising lawyer. Unfortunately, these
qualities do not seem to attract as many clients as you wish. Your friend suggested that you
advertise. He just arrived from the States and has seen print and television advertisements
of lawyers. What kind of advertising, if any, can you do? Explain your answer.
Atty. Dulcinea writes a regular column in a newspaper of general circulation and
articles on unforgettable legal stores in a leading magazine. Her by-line always includes
the name of her Firm where she is a name partner. Would you consider this as improper
advertising? Explain your answer.

Answer:
(1)
There must be a written motion filed by the lawyers with the consent of the
client and approval by the court. The ethics of the profession forbids a lawyer to solicit
professional employment by circulars, advertisements. Even indirect advertisements for
professional employment offend the traditions and lower the dignity of the legal
profession. The lawyer may make announcement of true, honest, fair, dignified and
objective information or statement of facts (Canon 3).
(2)
Atty. Dulcineas by-line including the firm name where she belongs is
improper because it is an indirect way of solicitation or is an advertisement of the law firm.

Question No. 6:
The agreement between the estranged husband and wife provided for, among
others, the liquidation of the conjugal partnership of gains, custody of the children, and
support for the children. In the same agreement, the couple waived the right to prosecute
each other for bigamy, adultery, concubinage and whatever acts of infidelity. There was
also a condonation provision. The agreement was prepared and notarized by a lawyer who
was the best man at the wedding. What are the liabilities, if any, of this lawyer? Explain
your answer.

Answer:
The document executed by the spouses is immoral and contrary to law. The lawyer
who drafted and notarized all said documents committed malpractice and can be
disbarred or suspended. Although the principal duty of the notary public is to ascertain the
identity of the parties and the voluntariness of the declaration, it is nevertheless
incumbent upon him to guard against any illegal or immoral agreement.

Question No. 7:
(1)
Discuss briefly your understanding of the relationship between an attorney
and his client.

(2)

How is such a relationship created? Explain your answer.

Answer:
(1)
The relationship between an attorney and client is fiduciary, confidential
and personal. By virtue thereof, the lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in him.
(2)
The attorney and client relationship is created by implied or express
contract. The relationship is also created if he is a court appointed counsel.

Question No. 8:
(1)

Does the mistake of an attorney bind his client? Explain your answer.

(2)

Does the negligence of an attorney bind his client? Explain your answer.

Answer:
(1)
Yes, mistakes of an attorney bind his client. This consequence is based on
the rule that any act performed by the lawyer within the scope of his general and implied
authority is regarded as the act of his client.
(2) Likewise, the negligence of the counsel also binds the client. Under the system
of advocacy, the client has to bear the adverse consequences of the mistake and
negligence of his counsel and may not be heard to complain that the result might have
been different had he proceeded differently.
An exception, however, may be applied if the mistakes or negligence is so gross
that injustice may have resulted.

Question No. 9:
(1)
Discuss briefly the grounds for disqualification or inhibition of judges to try
a case.
(2)
A judge rendered a decision in a criminal case finding the accused guilty of
estafa. Counsel for the accused filed a motion for reconsideration which was submitted
without arguments. Later, another lawyer entered his appearance for the accused. The
judge issued an order inhibiting himself from further sitting in the case because the latter
lawyer had been among those who recommended him to the Bench. Can the judge's
voluntary inhibition be sustained?

Answer:
(1)
Under Rule 137 Section 1 of the Rules of Court, a judge is disqualified to sit
in every case in which he, or his wife or child, is pecuniarily interested as heirs; 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 computed according to
the rules of civil law or in which he has been executor, administrator, guardian, trustee or
counsel, or in which he has presided in any inferior court when his ruling or decision is the
subject of review, without the written consent of all parties in interest, signed by them and
entered upon the record. This rule enumerates the grounds under which a judge is legally
disqualified from sitting in a case, and excludes all other grounds not specified therein.
The judge may, however, in the exercise of his sound discretion, disqualify himself from
sitting in a case, for just or valid reasons other than those mentioned above.
Under said rule, the judge may voluntarily inhibit himself from sitting in a case, for
just and valid reasons other than those mentioned in the rule.
(2)
The judge may not voluntarily inhibit himself by the mere fact that a lawyer
recommended him to the Bench. In fact, the appearance of said lawyer is attest as to
whether the judge can act independently and courageously in deciding the case according
to his conscience. Inhibition is not allowed at every instance that a friend, classmate,
associate or patron of a presiding judge appears before him as counsel for one of the
parties to a case. Utang na loob, per se, should not be a hindrance to the administration
of justice. Nor should recognition of such value in Philippine society prevent the
performance of ones duties as judge, x x x. (Masadao and Elizaga Re: Criminal Case No.
4954-M; 155 SCRA 78- 79). However, in order to avoid any suspicion of partiality, it is
better to the judge to voluntarily inhibit himself.

Question No. 10:

An RTC judge was designated as member of a Provincial Committee on Justice
created pursuant to Presidential Executive Order No. 856. The provincial committees on
justice were created to ensure the speedy disposition of cases of detainees. Among the
functions of the committee are: (1) receive complaints against any apprehending officer,
jail warden, fiscal or judge who may be found to have committed abuses in the discharge
of his duties and refer the same to the proper authority for appropriate action; and (2)
recommend revision of any law or regulations which is believed prejudicial to the proper
administration of justice.
This committees are under the supervision of the Secretary of Justice.
Before accepting the designation, the judge requested for the issuance of a
resolution authorizing him to accept their appointment. Can the request be granted?
Why?

Answer:
In Re: Designation of Judge Rodolfo Manzano, Regional Trial Court of Ilocos Norte
as member of the Provincial Committee on Justice, the Supreme Court ruled that Judge
Manzano should decline said designation because he will be performing non-judicial
functions in violation of the Constitution. The Committee in fact has to submit reports and
recommendation to the Secretary of Justice who is in the executive branch. It violates the
principle of separation of powers.
In view thereof the request of the RTC judge may not be granted.

Question No. 11:

Huey Company and Dewey Corporation are both retainer clients of Atty. Alvarez.
He is the Corporate Secretary of Huey Company. He represents Dewey Corporation in
three pending litigation cases. Dewey Corporation wants to file a civil case against Huey
Company and has requested Atty. Alvarez to handle the case.
(a)

What are the options available to Atty. Alvarez? Explain your answer.

(b)

If you were Atty. Alvarez, which option will you take? Explain your answer.

Answer:
(a)
Considering that both Huey Company and Dewey Corporation are his
retainer clients, Atty. Alvarez should exert efforts to effect an amicable settlement of the
civil case.
The other option is for Atty. Alvarez to inhibit himself from filing the civil case of
the Dewey Corporation against the Huey Company as he might be appearing for
conflicting interests.
(b)
If I were Atty. Alvarez, I shall take as first option the amicable settlement of
the case. This is in compliance with the obligation of the lawyer to discourage lawsuit. In
the event that an amicable settlement is not concluded, I shall inhibit myself from filing
the civil case in order to avoid appearing for conflicting interests.

Question No. 12:

Judge Masungit convicted the accused. The Supreme Court remanded the case to
the trial court for new trial. The counsel for the accused petitioned the Supreme Court that
the new trial be held before another judge because Judge Masungit had formed a
prejudice against the accused. The petition was denied. The counsel for the accused then
asked Judge Masungit to inhibit himself but Judge Masungit refused. A few days before
the trial, the counsel for the accused filed an urgent motion seeking to disqualify Judge
Masungit. Judge Masungit held the counsel for the accused in contempt.

Was Judge Masungit correct in citing the counsel for the accused in contempt?
Explain your answer.

Answer:
Judge Masungit committed an error in holding in contempt of court the counsel
for the accused for his motion to disqualify the judge in the case for new trial.
While it may be true that the ground for disqualifying the judge for his ruling
before the motion for new trial was granted may not be a valid ground for disqualifying
the judge from sitting in the case, the judge should not consider it an offense which will
amount to contempt of court if counsel for the accused moves for his disqualification.
The Supreme Court set guidelines on the matter of inhibition of judges in Pimentel
vs. Salonga, 21 SCRA 160 that all judges should pay attention to the appropriate
guidelines in a situation where their capacity to try and decide fairly and judiciously comes
to the fore by way of challenge from any one of the parties. A judge may not be legally
prohibited from sitting in a litigation, but, when a suggestion is made of record that he
might be induced to act in favor of one party or with bias or prejudice against a litigant
arising out of circumstances reasonably capable of inciting such a state mind, he should
conduct a careful self-examination. He should exercise his discretion in a way that the
peoples faith in the courts of justice is not impaired.

Question No. 13:

Gabriel, married to Bonita, wants to sell a residential lot in Ayala Alabang to
Anastacia, a widow. The property is covered by Transfer Certificate of Title No. 1434477
and consists of 1,500 square meters, more or less. The agreed purchase twice is Five
Thousand Pesos (P5,000.00) per square meter. The parties also agreed on other matters
such as payment of taxes, registration and transfer fees, and village association dues.
Prepare the appropriate contract together with the notarial page. Do not use your name
as notary public.

Answer:
DEED OF ABSOLUTE SALE OF REAL PROPERTY
KNOW ALL MEN BY THESE PRESENTS:
That I, GABRIEL, married to Bonita, Filipino citizen, of legal age, and resident of
261 R. Hidalgo St., Quezon City, herein after known as VENDOR and ANASTASIA, widow,
Filipino citizen, of legal age and resident of 262 R. Hidalgo St., Quezon City, hereinafter
known as VENDEE, hereby execute this document,
(1)
That the VENDORS are the absolute owners of a residential lot in Ayala
Alabang, with an area of 1,500 square meters covered by Transfer Certificate Title No.
1434477, Registry of Deeds of Rizal;

(2)
That for and in consideration of the sum of FIVE THOUSAND PESOS
(P5,000.00) per square meter or a total of P2,500,000.00 receipt of which we hereby
acknowledged by these presents, we hereby sell, transfer and convey to the VENDEE
ANASTASIA the aforesaid described parcel of land together with all improvements
thereon;
(3)
That the VENDORS undertake to pay all taxes, registration and transfer
fees while the VENDEE shall pay the village association dues.
IN WITNESS WHEREOF, we hereunto sign this deed of absolute sale at Ayala
Alabang, Province of Rizal on this 24th day of September 1989.
ANASTASIA
Vendee

GABRIEL
Vendor

With my marital consent:

BONITA
Witnesses
REPUBLIC OF THE PHILIPPINES
PROVINCE OF RIZAL
ALABANG, MUNTINLUPA

)
) S.S.
)

On this 24th day of September 1989 in Alabang, Province of Rizal personally

appeared before me, to me known, and known to me to be the same persons who
executed the foregoing Deed of Sale Gabriel and his spouse Bonita with Residence
Certificate Nos. 12345 and 6789 respectively issued at Pasig, Rizal on January 5, 1989 and
Tax Account No. A47896 and Anastasia with Residence Certificate No. 76543, issued at
Quezon City on January 5, 1989 and Tax Account No. 7475.
Witness may hand and seal on the date aforementioned.
JUAN CRUZ
Notary Public
My commission expires
December 31, 1989.
I.B.P. No. 12345
P.T.R. No. 12345
Doc. No. 1
Page No. 15
Book No. I
Series of 1989

Prepare an information charging the accused with bigamy. Assume all necessary
details. Do not use your name.

Answer:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH I, MANILA
PEOPLE OF THE PHILIPPINES
Plaintiff
Crim. Case No. 1
For Bigamy

- versus JUAN CRUZ

Accused
INFORMATION

Undersigned Fiscal accuses JUAN CRUZ of the Crime of Bigamy committed as

follows:
That on or about August 10, 1989, in the City of Manila, Philippines, the said
accused, being then legally married to Petra de Jesus and without such marriage having
been legally dissolved said marriage still existing and valid, did there and willfully,
unlawfully and felicitously contract a second marriage with Elizabeth Sison in the City of
Manila.
Contrary to law.
DOMINGO PEREZ
Fiscal
CERTIFICATE OF PRELIMINARY INVESTIGATION
I hereby certify that preliminary investigation in this case had been conducted by
me in accordance with law; that I have examined the complainant and her witnesses; that
there is reasonable ground to believe that the offense charged had been committed; and
that the accused is probably guilty thereof; that the accused was informed of the
complaint and of the evidence submitted against him and was given the opportunity to
submit controverting evidence; and that the filing of this information is with the prior
authority and approval of the City Fiscal.
DOMINGO PEREZ
Assistant Fiscal

Bail recommended P10,000.00.

Question No. 14:

You are the lawyer of the plaintiff in a collection case. The defendant, in his
answer, admitted the material allegations of your complaint.
Prepare a motion for judgment on the pleadings. Omit Caption and Title. Assume
all necessary details. Do not use your name.

Answer:
MOTION FOR JUDGMENT ON THE PLEADINGS
COMES now the plaintiff through the undersigned counsel in the above entitled
case and to this Honorable Court respectfully alleges:
1.
That on September 1, 1989, plaintiff filed a complaint for sum of money in
the amount of P50,000.00 against the defendant;
2.
That in his answer, defendant admitted the obligation, but that he was
asking for an extension of time to pay his obligation and instead the herein complaint was
filed;
3.
That said answer admits the material allegations of the complaint and has
not tendered any issue;
4.

That in view thereof, a judgment on the pleadings can be rendered.

WHEREFORE, it is respectfully prayed that this Honorable Court render judgment

on the pleadings.
Manila, Philippines, September 24, 1989.
MANUEL PEREZ
Counsel for Plaintiff 32 Melvar,
Manila
NOTICE OF HEARING
To Atty. Pedro Cruz
261 R. Hidalgo, Manila
Please be notified that the foregoing motion is set for hearing on Friday,
September 29, 1981 at 8:30 a.m. or as soon thereafter as counsel may be heard.
MANUEL PEREZ

Copy furnished:
Atty. Pedro Cruz
261 R. Hidalgo, Manila

Question No. 1:
a)

What is the first and most important duty of an attorney? Why?

b)
How should a lawyer view representation of the poor, the marginalized,
and the oppressed before our courts of justice? Explain.

Answer:
a)
The first and most important duty of the lawyer is his duty to the court. The
reason is that the attorney is an officer of the court. He is an officer of the court in the
sense that his main mission is to assist the court in administering justice. His public duties
takes precedence over his private duties.
b)
As an officer of the court the lawyer has the duty of representing the poor,
the marginalized and the oppressed without expecting to be compensated for his services.
One of the main duties of the lawyer is to maintain the rule of law. The rule of law cannot
be maintained of the poor, the oppressed or marginalized are not afforded legal services
to protect their rights against the rich and the privileged. The lawyer should not consider it
as a duty and not as a charitable work.

Question No. 2:
An attorney-client relationship starts from the moment the attorney is engaged or
retained.
a)
Discuss briefly the different types of fee arrangements an attorney may
enter into with his client.
b)
In the absence of such a fee arrangement, hpw would the services of an
attorney be compensated? Explain.
c)

What is a champertous contract? What is its effect in this jurisdiction?

Why?

Answer:
a)

The following are the types of fee arrangements:

1.
Retainers fee where lawyer is paid for services for an agreed
amount for the case.

2.

The lawyer agrees to be paid per court appearance.

3.
Contingent fee where the lawyer is paid for his services depending
on the success of the case. This applies usually in civil suits for money or property
where the lawyers fee is taken from the award granted by the court.
4.
Attorney de Ojicio. The attorney is appointed by the court to
defend the indigent litigant in a criminal case. The client is not bound to pay the
attorney for his services although he may be paid a nominal fee taken from a public
fund appropriated for the purpose.
5.
Legal Aid. The attorney renders legal services for those who could
not afford to engage the services of paid counsel.
6.
Quantum merit basis. If there is no specific contract between the
lawyer and the client, the lawyer is paid on quantum merit basis that is what the
lawyer deserves for his services.
b)
In the absence of a fee arrangement, the lawyer is paid on a quantum merit
basis. The factors to be taken into consideration in determining the amount are:
1.

The amount and character of the services rendered;

2.

The labor, time and trouble involved;

3.
The nature and importance of the litigation or business in which
the services were rendered;
4.
The amount of money or the value of the property affected by the
controversy involved in the employment;
5.
services;

The skill and experience called for in the performance of the

6.

The professional character and social standing of attorney;

7.

The results secured; and

8.
Whether or not the fee is absolute or contingent. (Delgado vs. dela
Rama, 43 Phil. 499; Panis vs. Yangco, 52 Phil. 499; de Guzman Visayan Rapid Co.,
68 Phil 643.)
c)
A champertous contract is where the attorney agrees to prosecute the case
at his own expenses for the recovery of property or money for the client, the latter agree
to pay the attorney from a portion of property on money awarded.

Champertous contracts are void in this jurisdiction as contrary to public policy for
the reason that it encourages unnecessary litigation. In a champertous contract, the lawyer
is encouraged to solicit cases.

Question No. 3:
Atty. J. Bonanza, a semi-retired Metro Manila practitioner has a cattle ranch in the
remote municipality of Carranglan, Nueva Ecija. He attends to his law office in Manila on
Mondays, Tuesdays, and Wednesdays, and the rest of the week he spends in his cattle
ranch riding horses.
In a criminal case pending before the Municipal Trial Court of Carranglan, the only
other licensed member of the bar in the place is representing the complainant. The
accused is a detention prisoner. The judge wants to expedite proceedings.
a)

What must the judge do to expedite proceedings?

b)
If Atty. Bonanza is requested to act as counsel for the accused, could he or
should he refuse by saying that in the province, he wants to do nothing except ride horses
and castrate bulls? Explain.

Answer:
a)
The judge may appoint attorney Bonanza as counsel de oficio considering
that the accused is a detention prisoner and therefore it is assumed that he has no
financial means of engaging a paid counsel.
b)
The attorney cannot refuse to be appointed as counsel de oficio merely on
the reason that he is a semi-retired practising lavyyer. Precisely one of the reasons for the
integration of the bar on the Philippines is to compel all person who have been admitted
to the practice of law in the Philippines to perform their duties to assist the courts in the
administration of public.

Question No. 4:
a)
Hessy Prado is a successful law practitioner in Metro Manila with clients all
over the country. He has a cousin who practices law in Davao where he (Atty. Prado),
likewise, has some clients. Meeting each other in a national convention of lawyers, Atty.
Prado proposed to his cousin referrals of cases from time to time in exchange for a certain
percentage of the fees.
1.

Is the proposal proper? Explain.

2.
If your answer is in the negative, under what type of arrangement
can the proposal be considered proper? Explain.

b)
Abad and de los Reyes, both lawyers, and Salazar, a certified public
accountant, in order to enhance their respective practice, desire to pool their resources
together and establish a partnership for the combined purposes of law and accounting
practice under the firm name of Abad, de los Reyes, Salazar & Associates.
Is the proposed partnership allowed? Reasons.

Answer:
a)
1. The proposal of Hessy Prado is improper. A lawyer may not delegate his
duties to other lawyers without the consent of his client. The attorney and client
relationship is personal based on trust and confidence. Moreover, the canons prohibit
division of attorneys fees without division of work.
b)
The partnership is improper. Lawyers should not associate with nonlawyers in the practice of their profession. The mission of an attorney is to assist courts in
the administration of justice while accounting practice is mainly based on business.
Moreover, the accountants are not bound by with canons of legal ethics.

Question No. 5:
a)
Under what instances or circumstances may an attorney be permitted to
withdraw as counsel for his client?
b)
You are counsel for Don Juan Roxas who is a wealthy businessman residing
in Forbes Park. While he never questions your bill for legal services, he never pays you on
time, and subjects you to the indignity of having to personally call him up at least seven
times before he pays his bills. This, needless to say, irritates you no end.
Are you justified in withdrawing from acting as counsel for Don Juan Roxas?
Explain.

Answer:
a)

An attorney may withdraw as counsel of a client on the following grounds:

1.
When the client pursues an illegal or immoral course or conduct in
connection with the case he is handling,
2.
When the client insists that the lawyer pursue conduct violative of
these canons and rules;
3.
When his inability to work with co-counsel will not promote the
best interest of the client;
4.
When the mental or physical condition of the lawyer renders it
difficult for him to carry out the employment effectively;

5.
When the client deliberately fails to pay the fees for the services or
fails to comply with the retainer agreement; and
6.
The lawyer may also withdraw from the case if he finds out that he
might be appearing for a conflicting interest.
In all the above cases, the lawyer must file a written motion with the
express consent of his client and must wait for the approval of the court,
b)
Yes, I am justified in withdrawing from the case but it should be with the
express consent of Don Juan Roxas and the approval by the court. One of the valid reasons
for withdrawal of counsel is when the client deliberately fails to pay attorneys fees for
sendees rendered. In the case in question, Don Juan Roxas has all the financial means to
pay the attorneys fees agreed upon. It is certainly degrading on the lawyer to practically
beg for the payment of attorneys fees for services rendered.

Question No. 6:
A known grafter in the government approaches you for the purpose of organizing a
corporation to engage in the general construction businessprincipally to participate in
public bidding for road and bridge constructions. He requests you and your law partners to
be the incorporators because he does not want his name to appear in the articles of
incorporation.
a)

Will you accept the engagement? Why or why not?

b)

May a lawyer criticize a decision of the court? Explain.

Answer:
a)
I will not accept the engagement for three reasons. In the first place, the
person is a known grafter. He is engaging my services not as an attorney but for a business
transaction. The legal profession is not a business but a noble mission to assist in the
administration of justice. In the second place, knowing him to be a grafter, he might be
using my law partnership only as a front for the purpose of committing graft and
corruption. In the third place, I will be illegally and unethically associating my legal
profession with a business venture which is not proper.
b)
Yes, a lawyer may criticize a decision of the court but on legal grounds and
with respectful language. The lawyer in the course of the criticism should not slander the
judge or attack his personality to the extent of degrading the dignity and respect due to
court of justice. If the lawyer has evidence on the personal behavior of the judge he must
file administrative charges against him.

Question No. 7:
In a prosecution for murder against a ranking army officer, the latter engaged the
services of Atty. Carlos Malilin, a well-known trial lawyer, to whom the officer in one of
their conferences disclosed a plan to eliminate or salvage i.e., kill or otherwise cause
to disappear the only witness, a fellow military officer, through a contrived traffic or
highway accident.
a)
What are the legal and moral obligations of Atty. Carlos Malillin t.o his
client and to the authorities, under the given circumstances?
b)
Should the planned accident take place and the only witness for the
prosecution be killed as a result, is Atty. Carlos Malillin under any obligation to disclose to
the authorities the plan that his client had mentioned to him as above mentioned?
Reasons.

Answer:
a)
Attorney Malillin has the moral and legal obligation to advise the army
officer not to execute his plan. If the accused army officer does not abide by his advise,
Atty. Malillin should withdraw from the case.
b)
Atty. Malillin has the obligation to testify in said case if he is called upon by
the Court to do so. The obligation of the lawyer to keep the secrets of his client obtained
in the course of his employment covers only lawful purposes.

Question No. 8:
a)
In Administrative Circular No. 1 addressed to all lower courts dated January
28, 1988, the Supreme Court stressed:
All judges are reminded that the Supreme Court has applied the
Res Ipsa Loquitur rule in the removal of judges even without any formal
investigation whenever a decision, on its face, indicates gross
incompetence or gross ignorance of the law or gross misconduct (See:
People vs. Valenzuela, 135 SCRA 712; Cathay Pacific Airways vs. Romillo,
Jr., 142 SCRA 262).
The application of the res ipsa loquitur rule in the removal of judges is assailed in
various quarters as inconsistent with due process and fair play.
Is there basis for such a reaction? Explain.
b)
How shall a judge conduct court proceedings? May he participate
intensively in the examination of the wit-nesses? Explain.

Answer:
In on view, there is a basis for the reaction against the res ipsa loquitur rule on
removing judges. According to the position taken by the Philippine Bar Association. The
res ipsa loquitur rule might violate the principle of due process, that is the right to be
heard before one is condemned
Moreover, Rule 140 of the Rules of Court provides for the procedure for the
removal of judges. Upon service of the complaint against him, he is entitled to file his
answer. If the answer merits a hearing, it is referred to a justice of the Court of Appeals for
investigation, the report of the investigation is submitted to the Supreme Court for proper
disposition.
The danger in applying the res ipsa loquitur rule is that the judge may have
committed only an error of judgment. His outright dismissal does violence to the
jurisprudence set In Re Horilleno, 43 Phil. 212.
The other view taken by the Supreme Court is that the lawyer or a judge can be
suspended or dismissed based in his activities or decision, as long as he has been given an
opportunity to explain his side. No investigation is necessary.
b) A judge should not participate intensively in the examination of witnesses. He
may ask questions only to clarify some points but not to the extent of taking the place of a
counsel, otherwise he may be accused of partiality. In other words he should assume the
posture of cold neutrality of a judge.

Question No. 9:
a)
On what grounds may a judge be disqualified, or asked to voluntarily
inhibit himself from hearing a case? Briefly explain each ground.
b)
Atty. Andres has been in the active practice of law for the last 25 years in
Makati, Metro Manila. Quite a number of his cases are pending before the Metropolitan
Trial Court in Makati. Recently, his brother Eduardo was appointed judge to preside over
one of the three (3) branches of that court. Some of the cases being handled by Atty.
Andres were raffled or assigned to the branch presided by Judge Eduardo. Judge Eduardo
inhibited himself from hearing those cases handled by his brother, Atty. Andres. Now,
Judge Santander, to whose sala most of the cases were re-assigned, complained and
suggested to Judge Eduardo that Atty. Andres should inhibit or refrain from handling cases
in Makati.
Is there basis for the complaint of Judge Santander? Explain.

Answer:
a)
Rule 137, Section 1 of the Rules of Court provides that a judge is
disqualified Rom sitting on 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 sixth degree of consanguinity of affinity or to counsel within the fourth civil degree.
Under the last sentence of Rule 137, Section 1 of the Rules of Court, a judge may
voluntarily inhibit himself from participating in a case for just and valid reasons.
The rule on voluntarily inhibition of judges was set by the Supreme Court in Pimentel vs.
Salonga, 21 SCRA160 as follows:
All the foregoing notwithstanding, this should be a good occasion
as any to draw the attention of all judges to appropriate guidelines in a
situation where their capacity to try and decide fairly and judiciously comes
to the fore by way of challenge from any one of the parties. A judge may
not be legally prohibited from sitting in a litigation. But when the
suggestion is made of record that he might be induced to act in favor ' of
one party or with bias or prejudice against a litigant arising out of
circumstances reasonably capable of inciting such a state of mind, he
should conduct a careful self-examination.
He should exercise his discretion in a way that the peoples faith in the courts of
justice is not impaired.
b)
There is no valid basis for the complaint of Judge Santander. Precisely,
Judge Eduardo had properly inhibited himself from participating in all the cases wherein
his brother lawyer is appearing in accordance with Rule 137 of the Rules of Court.
It would be unreasonable to prohibit Andres from handling cases in Makati where he was
practicing for twenty five years. It is his means of livelihood and he has his duties to his
clients.

Question No. 10:

a)
The position of a judge, exalted though it may be, involves certain risks or
hazards of the profession. May he be held liable for malfeasance or misfeasance in
office?
1.
What are these acts of malfeasance or misfeasance in office? State the
nature of the judges liability.
2.

Are Justices of the Supreme Court similarly liable? Reasons.

b)
Judge Bantayog signed a decision (sentence), dated January 31, 1979,
convicting the accused of murder and set the promulgation thereof on February 9, 1979,
which was postponed on motion of the accused and did not therefore take place. This
gave the judge time for further deliberation which created on his mind doubt as to the
guilt of the accused. He therefore drafted and signed another decision also dated January
31, 1979 which rendered a judgment of acquittal. This was promulgated. Atty. Jesus,

counsel for the complainant, somehow was able to get a copy of the unpromulgated copy
of the decision and now has charged Judge Bantayog of misconduct.
Will the charge prosper? Explain. Also comment on the Conduct of Judge
Bantayog.
Answer:
a)
Under the Revised Penal Code (Art. 204), a judge may be held criminally
liable for knowingly rendering an unjust, judgment in any case submitted to him for
decision. This is deemed to be misfeasance, that is the improper doing of an act which he
might lawfully do. It may also constitute malfeasance, that is the doing of an act which he
should not have done.
To discipline a judge under the said provision, it must be clearly shown that the
judgment or order is unjust as being contrary to law or not supported by evidence, and
that the judge rendered it with conscious and deliberate intent to do an injustice. It is not
merely error of judgment.

Question No. 11:

Prepare a contract of lease of an apartment unit for P5,000.00 a month between
Mr. Jesus Santos as lessor and Mrs. Olivia Palpallatoc as lessee, for a period of twenty-four
(24) months. Supply the other facts required in a contract of lease. Include an
acknowledgment.

Answer:
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This agreement made on this 30th day of September 1987 between JESUS
SANTOS, hereinafter known as LESSOR, Filipino citizen residing at No. 40 Limon Street,
Quezon City and Mrs. Olivia Palpallatoc, Filipino citizen married to Juan Palpallatoc
residents of No. 40 Kitanlad, Quezon City, hereinafter known as LESSEES hereby agree by
the presents:
1.
That the LESSOR is registered owner of an apartment located at No. 10
Kitanlad, Quezon City, covered by TCT No. 14789, Registry of Deeds, Quezon City;
2.
That for the consideration of the rental of P5,000.00 a month for a period
of 24 months from the date of the execution of this contract, the LESSOR hereby lease
unto the LESSEES the aforesaid described apartment;
3.
That the LESSEES bind themselves to pay the said monthly rental within the
first 10 days of each month;

4.
That the LESSEES shall use the said apartment for residential purposes only.
IN WITNESS HEREOF, we have set our signatures on this 30th day of September 1987 in
Quezon City.
JESUS SANTOS
Lessor

OLIVIA PALPALLATOC
Lessee

PEDRO SISON
Witness

JUAN PALPALLATOC
Lessee

JUAN REYES
Witness

In this 1st day of October 1987 personally appeared before me JESUS SANTOS,
OLIVIA PALPALLATOC and JUAN PALPALLATOC, to me known as the same persons who
executed the foregoing contract of lease and acknowledged to me that the same is their
free act and voluntary deed. JESUS SANTOS exhibited to us his Residence Certificate No.
123 issued at Quezon City on January 10, 1988 and TAN 512356-18. OLIVIA
PALPALLATOC Residence Certificate No. 78766 issued at Quezon City on January 11, 1988
and TAN 571179.
JUAN CRUZ
Notary Public
My Commission Expires on
December 31, 1988
DCR. No. 5
Page No. 7
Book No. 1
Series of 1988

Question No. 12:

a)
Prepare a complaint for ejectment under the facts stated in the question
immediately preceding (Question No. XI) for failure to pay three consecutive monthly
rentals Supply the other necessary facts.
b)
Prepare a motion to dismiss the complaint referred to in (a) hereof on two
legal grounds.

Answer:
a)

COMPLAINT FOR EJECTMENT

REPUBLIC OF THE PHILIPPINES
Metropolitan Trial Court
Quezon City
Branch 1

Jesus Santos
Plaintiff

Civil Case No. 10

For Ejectment

vs.
OLIVIA PALPALLATOC and
JUAN PALPALLATOC,
Defendants.
COMPLAINT

COMES NOW, the plaintiff through the undersigned counsel and to either
Honorable Court, respectfully alleges:
1)
The Plaintiff is a Filipino citizen resident of 40 Luis St. While the
defendants are spouses, Filipino citizens and residing at No. 10, Kitanlad St., Quezon City
where they may be served with summons;
2)
That on September 30, 1988 a contract of lease entered into between the
plaintiff leased unto the defendants a certain apartment for a monthly rental of P5,000.00
a month. A copy of said contract is hereto attached as Annex A;
3)
That defendants have failed to pay the monthly rental from January to
March 1987 in the total amount of P15,000.00;
4)
That despite written and oral demands, the last demand having made on
April 1, 1987, defendants failed and refused to pay said rentals in arrears thereby notifying
them to vacate the apartment;
5)
That due to the unjustified refusal of the defendants to pay the rental for
over 3 months, the plaintiff was compelled to file the instant suit engaging the services of
counsel for the amount of P5,000.00.
WHEREFORE, it is respectfully prayed that judgment be rendered ordering the
defendants to vacate the apartment and to pay the unpaid rentals starting from January
1988 until they have actually vacated the premises and to pay the attorneys fees in the
amount of P5,000.00 and costs of this suit.
Quezon City, September 30, 1988.
JOSE REYES
Counsel for Plaintiff
PTR No. 7755
January 10, 1988
VERIFICATION
JESUS SANTOS, after having been duly sworn in accordance with law hereby
deposes:

That he is the plaintiff in the above entitled case for ejectment and that all the allegations
therein are true and correct.
Quezon City, October 1, 1987.
JOSE REYES
SUBSCRIBED AND SWORN TO before me this 1st day of October 1987 in Quezon
City, affiant having exhibited to me his Residence Certificate No. 1423 issued in Quezon
City on January 10, 1987.
BEN ROSARIO
Notary Public
Until December 31, 1988
Doc. No. 5
Page No. 6
Book No. II
Series of 1988
b)
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
Quezon City Branch 1
JESUS SANTOS
Plaintiff,
versus

For Ejectment

OLIVIA PALPALLATOC and

JUAN PALPALLATOC,
Defendants.
MOTION TO DISMISS
COMES NOW, the defendants through undersigned counsel in the above entitled
case to this Honorable Court respectfully move to dismiss the complaint on the following
grounds:
1.
been paid;
2.

That the claim or demand for rentals from January to March 1988 have
That the complaint does not state a sufficient cause of action.

ARGUMENTS
1.
That the rentals for the months of January to March 1987, have been
tendered to the plaintiff as shown in the checks sent to him by registered mail but plaintiff
refused them on the pretext that he was raising the amount of rentals to P10,000 a month.
2.
That the complaint states no sufficient cause of action since the demand
have been deemed to be satisfied.
WHEREFORE, it is respectfully prayed that the complaint be dismissed with costs
against the plaintiff.
Quezon City, October 10, 1988.
ESTEBAN CRUZ
Counsel for Defendants
PTR No. 7999
IBP OR No. 7999
NOTICE OF HEARING
Atty. Jose Perez
Samanillo Building
Escolta, Manila
Please be notified that the foregoing motion to dismiss will be set for hearing on
October 7, 1988 at 9:00 A.M. or as soon as counsel may be heard.
ESTEBAN CRUZ
Counsel for Defendants
PTR No. 7999
IBP OR No. 7999
Copy served to:
Atty. Jose Perez
Counsel of Plaintiff

Question No. 13:

a)
Don Paquito Pamintuan, with a wife (Alma) and a son (Casimiro), asks you
to draft a holographic will for him so that in his own handwriting he can copy it and thus
avoid payment of attorneys fees.
Make a draft of a holographic will. Supply the necessary facts but use the alphabet
for other necessary names.

b)

Draft a petition for the probate of Don Paquito Pamintuans will.

Answer:
a)
HOLOGRAPHIC WILL
Manila, Philippines
September 30, 1987
I hereby execute this holographic will in my handwriting and in the English
language which I know how to read and write bequeathing my lot and house located at
No. 4 Taft Avenue, Manila to my son CASIMIRO PAMINTUAN; my apartment located at 4
Remedios Street, Manila to my wife, ALMA PAMINTUAN.
(Sgd.) PAQUITO PAMINTUAN
b)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch I
SP. Proceedings No. 1
PETITION FOR THE PROBATE OF THE
HOLOGRAPHIC WILL OF PAQUITO PAMINTUAN,
ALMA PAMINTUAN PETITIONER
COMES NOW, the petitioner through undersigned counsel in the above entitled
petition and to this Honorable Court respectfully alleges:
1.
That petitioner is a Filipino citizen residing at No. 4 Taft Avenue, Manila
and the widow of the deceased PAQUITO PAMINTUAN;
2.
That on December 1, 1987, PAQUITO PAMINTUAN died in the
Philippine General Hospital, Manila where he last resided;
3.
That on September 30, 1987 he executed a holographic will in his own
handwriting in English known to him. A copy of said holographic will is hereto attached as
Annex A, as his last will and testament;
4.
That said will soon can be attested to as the handwriting of the testator by
Juan Cruz, who was his private secretary for a period of 17 years;
5.
That the deceased left only two properties namely a lot and house located
at Taft Avenue and an apartment located at Remedios Street, Manila;

6.
That he left as his only heirs the herein petitioner as his widow and his son
Casimiro both of whom are residing at No. 4, Taft Avenue, Manila;
7.

That the deceased left no debts.

WHEREFORE, it is respectfully prayed that after due notice and publication this
Honorable Court fix the date for the probate of said holographic will and that letters of
administration be issued in favor of the herein petitioner and thereafter adjudicate the
properties of the deceased in accordance with the said holographic will.
Manila, January 7, 1988
JUAN CRUZ
Counsel for the Petitioner
PTR No. 7890
IBP OR No. 17987
January 5, 1988
VERIFICATION
I, ALMA PAMINTUAN, after having been duly sworn to in accordance with law
hereby state that I am the petitioner in the above entitled petition, that the allegations
wherein is true and correct.
PONCIANO CRUZ
Notary Public
Until December 31, 1988
Doc. No 5
Page No. 7
Book No. 2
Series of 1988
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, BRANCH 7
PEOPLE OF THE PHILIPPINES,
Plaintiff,
versus
X, Y, Z
Defendant.
INFORMATION
Undersigned accuses XYZ of the crime of theft committed as follows:

That on or about September 1, 1988 in the City of Manila, the herein accused
willfully, unlawfully and feloniously, with intent to gain and without the knowledge and
consent of ABC the owner took a gold necklace studded with diamonds valued as
P50,000.00 to the prejudice of said contrary to law.
PTC
Assistant City Fiscal
Manila
CERTIFICATION
I hereby certify that a preliminary investigation has been conducted by me in
accordance with law; that I have examined the complaint and her witnesses; that there is a
reasonable ground to believe that a crime has been com-mitted and that said accused is
probably guilty thereof; that the accused was informed of the complaint against him and
was given an opportunity to submit controverting evidence and the filing of this
information was with the prior authority of the Fiscal. Manila, January 18,1988.
PTC
SUBSCRIBED AND SWORN TO before me this 18th day of January 1988 in the City
of Manila.
LBC
Assistant Fiscal
List of Witness:
Bail Recommended:

Question No. 14:

a)
Using the alphabet for names, draft a criminal information for the crime of
theft. Supply the necessary facts.
b)
Fiscal Bartolo filed an information for the crime of theft of a Rolex Watch
valued at P50,000.00 against Jose Pobre, an 11 year old orphan, with no known address,
with the Metropolitan Trial Court of Manila. You are the counsel for Jose Pobre. Draft a
motion to quash the information (Do not use your name)

Answer:
a)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, Branch 7

PEOPLE OF THE PHILIPPINES

Plaintiff,
versus
X, Y, Z
Defendant.
INFORMATION
Undersigned accuses XYZ of the crime of theft committed as follows:
That on or about September 1, 1988, in the City of Manila, the herein accused
willfully, unlawfully and feloniously, with intent to gain and without the knowledge and
consent of ABC, the owner took a gold necklace studded with diamonds valued as
P50,000.00 to the prejudice of said contrary to law.
PTC
Assistant City Fiscal
Manila
CERTIFICATION
I hereby certify that a preliminary investigation has been conducted by me in
accordance with law; that I have examined the complaint and her witnesses; that there is a
reasonable ground to believe that a crime has been committed and that said accused is
probably guilty thereof; that the accused was informed of the complaint against him and
was given an opportunity to submit controverting evidence and the filing of this
information was with the prior authority of the Fiscal. Manila, January 18, 1988.
PTC
SUBSCRIBED AND SWORN TO before me this 18th day of January 1988 in the City
of Manila.
LBC
Assistant Fiscal
List of Witness:
Bail Recommended:
b)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MANILA (BRANCH I)

MOTION TO QUASH
Comes now the accused Jose Pobre through undersigned counsel and to this
Honorable Court in the above entitled case respectfully moves to quash the information
for the crime of theft on the grounds that:
1.
IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A
LEGAL EXCUSE OR JUSTIFICATION.
2.
ARGUMENT

THAT THIS COURT HAS NO JURISDICTION OF THE CASE.

The information alleges that the accused Jose Pobre is eleven years old with no
known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over
nine years of age and under fifteen unless he acted with discernment is exempt from
criminal liability.
Moreover, there is no allegation that the accused acted with discernment. Even
granting that he had acted with discernment, such minor shall be proceeded against in
accordance with Article 80 of the Revised Penal Code.
Article 80 of the Revised Penal Code provides among others that a minor unless
sixteen years of age at the time of the commission of a grave or less grave felony. The
court shall suspend the proceedings and shall commit such minor or to the custody or case
of a public or private, benevolent or charitable institution established under the law for
the care or education of orphaned, homeless, defective, and delinquent children, or to the
case and custody of any other responsible person in any other place subject to the
visitation of the Director of Social Welfare.
WHEREFORE, it is respectfully prayed that the instant information be dismissed
and the accused be immediately be released for detention.
Manila, September 2,1988.
PEDRO SISON
Counsel of Accused
PTR No
IBP No
NOTICE OF HEARING
Fiscal J. Bartolo
Office of the City Fiscal
Manila
Please be notified that the foregoing motion to quash is set on Friday, Sept. 9,1988
at 9:00 a.m. or as soon thereof as counsel may be heard.

PEDRO SISON
Copy furnished:
Fiscal Bartolo
Office of the City Fiscal
Manila

Question No. 15:

a)
What do you think of the suggestion from some sources for the abolition of
the bar examinations? Discuss.
b)
What alternatives to the bar examinations would you suggest, bearing in
mind the need to raise the standards of the law profession, the judicial system, and the
administration of justice. Explain.

Answer:
a)
There is some merit in the abolition of the bar examinations. Bar
examination is not altogether an accurate means of testing the knowledge of law. The
means of selecting bar examiners and the questions to ask are not consistent. It has been
experienced in the past that examiners ask unusually tough questions causing the failure
of even the better students in law. What is more the fact that only about ten to fifteen
percent of the candidates are given passing marks shows that there is something wrong in
examinations or in the law schools that train students.
The real test of a good lawyer is his ability to analyze actual or hypothetical cases
and how he can present or defend them in court.
b)
One alternative to the bar examinations which is now used in several
countries is to have an effective and strict supervision of law schools so that by the time
the student graduates, he is thoroughly prepared to be admitted to the bar. Aside from the
strict supervision of law schools, the graduate should be required to undergo at least one
year training in law firm of recognized reputation to be approved by the Supreme Court.
After one year of active training, the law firm will certify to the Supreme Court that the
candidate is ready to be admitted to the bar.

1987 BAR EXAMINATION

Question No. 1
The following notice appeared in the Classified Ads of a Manila newspaper ofgeneral circulations:

NARUSU DIVORCE
John Williams
A lawyer in Narusu, is giving free literature on NARUSU divorce through
the undersigned, during office hours Monday thru Friday.
SUCH DIVORCE CASES, OBTAINABLE IN TWO WEEKS AND VALID
WORLDWIDE, INVOLVE NO TRAVEL TO NARUSU IF BOTH PARTIES SIGN.
Other information, such as adoption and child custody and support, and
division of conjugal assets will be explained by the undersigned.
(Atty.) JCR
Bahay Cubo Bldg.
Calle St.
Tel. 10779
(a)
Does such a printed notice or ad, constitute permissible advertisement on
the part of Atty. JCR?
(b)
Considering
the
general
prohibition
against
blatant
advertisement/touting, and the restrictions on a lawyers privilege to attract clients,
may Atty. JCR be disciplined for a breach of professional ethics?
Answer with reasons.

Answer:
1.

(a) The printed notice constitutes improper advertising and solicitation of

Attorney JCR on two counts:
On the first count, the notice advertises the skill and connection
with a foreign lawyer on a certain type of service.
On the second count, the service promotes absolute device which is
not allowed under Philippine law. It attacks marital stability which a
lawyer is not supposed to promote.
(b) Yes, Atty. JCR may be disciplined for a breach of professional ethics. Aside
from his improper solicitation, Atty. JCR tries to represent to local
clients that he is in association with a foreign lawyer who is not allowed to
practice law in the Philippines (Dacanay vs. Baker and McKenzie, 136
SCRA 349).

Question No. 2
In the newspaper there have appeared from time to time, the entire texts of
pleadings, memoranda, etc. in important cases involving public interest. In several
instances, these published papers, pleadings, etc. indicate that a well-known former
member of the Judiciary has signed such papers thus:
X, Y and Associates
Counsel for Respondents
By: Justice X
Does the foregoing constitute a breach of legal or professional ethics on the part
of the law firm and the signing partner?
Answer with reasons.

Answer:
Yes, the submission of court pleadings by a former member of the judiciary signing
as Justice creates undue advantage over ordinary practicing lawyers. While Justice X is
not prohibited from practicing law after his retirement, he should sign his name without
necessarily indicating that he was a justice.

Question No. 3
Mr. CD was the son of a deceased person who originally owned vast properties in
Manila. CD approached Atty. EF and asked the latter to help him recover what he felt was
his legal share in the estate, of which he had been allegedly deprived by his elder brother.
It turned out, however, after a review of the papers submitted by the client, that the
following had already transpired: (a) The estate of the father was settled and distributed
pursuant to administration proceedings terminated five years before; and (b) the client CD
had actually field cases against his brother to recover his alleged share, namely, a case for
revonveyance, and a case of unlawful detainer, both of which had also been closed and
terminated. The client, however, told Atty. EF that he had documentary evidence showing
that his brother had executed to the court in the administration proceedings, all of which
showed that the client CD had been defrauded of his share in the estate. On the promise
of a big fee for just filing any action that Atty. EF might decide on, the latter filed a
complaint for annulment of judgment on the ground of fraud This complaint was dismissed
by the trial court and CD, through Atty. EF, appealed. Pending this appeal, Atty. EF also
filed actions for ejectment against the brother of CD and another case to recover
possession of his clients alleged share of the property. The brother, through counsel, filed
a petition to discipline Atty. EF for malpractice, citing the foregoing circumstances
(a)
Under the given facts, may Atty. EF be disciplined for unprofessional
conduct? Explain.

(b)
May he set up the defense that he was merely exerting this best efforts to
protect his clients interest? Explain.

Answer:
Atty. EF is guilty of unprofessional conduct on two counts.
In the first place, it was the duty of Atty. EF to properly advise his client not to enter
into a litigation knowing that the cause of action was already finally decided by courts in
previous cases. In fact, the estate of his father from whom he claims inheritance was
already settled. Moreover, a case for reconveyance from his clients brother was also
decided by a court wherein the decision had already become final.
Litigation must end and terminate sometime and somewhere, and it is essential to
an effective and efficient administration of justice that one a judgment has become final
the winning party be not, through subterfuge, deprive of that verdict (Likim Tho vs.
Sanchez, 82 Phil. 776 (1949); Aguinaldo, G.R. No. 30362, Nov. 26, 1970, 36 SCRA 137). For
this reason, a lawyer should not file several actions covering the same subject matter or
seeking substantially identical relifs as those which had already been finally disposed of
(Macias vs. Uy Kim, G.R. No. 31174, May 30, 1972, 45 SCRA 251; Gabriel vs. Court of
Appeals, G.R. No. 43757, July 30, 1976). Nor should he enter his appearance as counsel for
a party in a case which had long been terminated by final judgment (in re Soriano, G.R. No.
24114, June 30, 1970, 33 SCRA 801), or misuse legal remedies to thwart or delay the
satisfaction of a judgment (Cobb-Perez vs. Lantin, G.R. No. 22320, May 22; 1968, 23 SCRA
637; Castaneda, vs. Ago, G. R. No. 288546, July 30, 1987, 65 SCRA 505).

Question No. 4
Atty. FG, a provincial lawyer, had been acting as counsel for a close relative who
had been sued in the Batangas Regional Trial Court by the PILIPINO BANK for collection
of a debt incurred in 1985. Pending this collection case, Atty. FG was appointed by the
same banks Manila central office, as a special counsel in the credit and collections
department. Despite this Manila appointment, Atty. FG continued to appear in the
collection case abovementioned, and was in fact able to negotiate for a compromise of
the case. Thereafter, however, the Banks chief legal counsel, primarily for personal
reasons, not only took steps to have FG dismissed as special counsel, but also filed, in
behalf of the bank, a petition for disbarment against FG on the principal ground that FGs
actuations constituted malpractice.
May the petition to discipline Atty. FG prosper?
Answer with reasons.

Answer:
Atty. FG is deemed to be appearing for conflicting interest. When he accepted his
position as special counsel for the Pilipino Bank although in the Manila Central Office,

the bank became his client, he should have discontinued his attorney and client
relationship with his relative in the collection suit filed by the bank. He was in fact
appearing for antagonistic interest.

Question No. 5
In a prosecution for murder against a ranking army officer, the latter engaged the
services of RS, a well-known trial lawyer, to whom the officer in one of their conferences
disclosed a plan to eliminate or salvage - i.e., kill or otherwise cause to disappear, - the
only witness, a fellow military officer, through a contrived traffic or highway vehicular
accident.
(a)
What are the legal and moral obligations of Atty. RS, to his client and to
the authorities, under the given circumstances?
(b)
Should the planned accident take place and the witness for the
prosecution be killed as a result is Atty. RS under any obligation to disclose to the
authorities the plan that his client had mentioned to him, as abovementioned?
Answer with reasons.

Answer:
(a)
The legal and moral obligation of Atty. RS is to advise his client not to
proceed with his unlawful plan to kill the witness against him. Although this plan was
disclosed to the lawyer in confidence, it is not covered by the rule on privileged
communication.
The privileged communication under Rule 138, Section 20(e) of the Rules of Court
covers only lawful and honest purposes. The protection of the attorney-client privilege has
reference to communications which are legitimately and properly within the scope of a
lawful employment and does not extend to those made in contemplation of a crime or
perpetuation of a fraud. If the unlawful purpose is avowed, the client does not consult the
lawyer professionally because it is not within the profession of a lawyer to be advising
persons as to how they may commit crimes or frauds or how they may escape the
consequences of the contemplated wrong-doings. If the client does not reveal his illegal
motive, he reposes no confidence in the attorney because the state of facts which is the
foundation of confidence does not exist. In either case, the attorney-client privilege does
not attach, there being no professional employment properly speaking (Standard F. Ins.
Co. vs. Smithart, 211 SW 441, 5 ALR 972 (1919); Strong vs. Abner, 105 SW2d 599 (1937);
People vs. Van Alstine, 23 NW 594 (1885); Hamil & Co. vs. England, 50 Mo App 338
(1892); People ex rel. Vogelstein vs. Warden, 270, NYS 62 (1934).
Under the circumstances, if his client insists on his plan, the lawyer should
withdraw from the case.

(b)
Yes, it is the obligation of the lawyer to disclose to the authorities about the
plan of his client. Before reporting the matter to the authorities, however, he should
ascertain first if it was his would-be client who committed the crime.

Question No. 6
In the course of the testimony of an almost illiterate victim of a swindling travel
syndicate, the trial judge addressed these words to the witness: You have no business
coming to court without being sure of your facts; the way I look at it, you are here to
blackmail these businessmen into giving you free airplane travel. The private prosecutor
stood up to move that the remarks of the court regarding the alleged blackmail be made
of record for purposes of the appeal or other future proceedings. The trial Judge
countered with an order directing the lawyer to show cause why he should not be held in
direct contempt, for allegedly threatening the court with possible future action.
May the contempt citation be upheld? Explain.

Answer:
The contempt citation may not be sustained. A judge should exercise proper
judicial decorum. He should be considerate of witness and others in attendance upon his
court. He should be courteous and civil, for it is unbecoming of a judge to utter
intemperate language during the hearing of a case (Retuya vs. Equipilog, G.R. Adm. Case
No. 1431-MJ, July 16, 1979, 91 SCRA 416; Santos vs. Cruz, G.R. Adm. Matter No. 491-MJ,
Oct. 30, 1980, 100 SCRA 538).
It was the right of counsel to put on record said remarks for the protection of his
witness and client (In Re Aguas, 1 Phil.l).

Question No. 7
The services of Atty. BB were engaged by CC for the filing of a complaint for
recovery of a sum of money, under a written contract which also stipulated for the down
payment to Atty. BB of a fixed sum, the balance to be given upon recovery of the amount
of the claim. Shortly after the complaint was filed, Atty. BB took steps to reach a
settlement with the defendant, but without the prior permission of CC. Resenting this
action, CC immediately wrote BB terminating his services.
(a)

May CC dismiss Atty. BB under the given circumstances?

(b)

What rights, if any, would Atty. BB have on the matter?

Answer with reasons.

Answer:
(a)
Yes, CC may dismiss Atty. BB. A client has the right to terminate the services
of counsel on loss of confidence in him. The lawyers attempt to enter into a compromise
with the adverse party without his consent is a violation of the fiduciary relationship of the
attorney and the client.
(a)
Since the client dismissed the attorney for a valid reason, Attorney BB has
no more right on his attorneys fees.

Question No. 8
A Regional Trial Court Judge is the head of family concerns engaged in business
enterprises, among which are (a) a book store/distributor; (b) a chain of restaurants; and
(c) a surety company actively engaged in posting bonds required in court cases.
In your considered opinion, are there legal and ethical implications in the financial
interests of this member of the judiciary? Explain.

Answer:
There are no legal or ethical implications on the business enterprises of the
regional trial court judge on (a) owning a bookstore, (b) owning a chain of restaurants as
along as said enterprise do not conflict with his judicial duties or takes undue advantage
thereof because of his position (Macariola vs. Asuncion).
It is unethical and improper, however, for the judge to be engaged in (c) a surety
company posting bonds in court cases. The said business certainly is in conflict with his
judicial duties. The judge should not enter into such private business or pursue such a
course of conduct as would justify such suspicion, nor use the power of his office or the
influence of his name to promote the business interests of others; he should not solicit for
charities, nor should he enter into any business relation which, in the normal course of
events reasonably to be expected, might bring his personal interest into conflict with the
impartial performance of his official duties. (Borre vs. Maya, G.R. Adm. Matter No. 5 176CFI Oct. 17, 1980, 100 SCRA 314).

Question No. 9
A provincial lawyer who was married, and with children, met, courted, and
eventually had several illegitimate children by, another woman whom he maintained
under scandalous circumstances in his own hometown. This lawyer, who was active in
politics, was later appointed a Regional Trial Court Judge for one of the provincial
branches. In the course of a litigation assigned to him, one of the parties feeling aggrieved
by some actuations of the Judge, filed a complaint against him on the ground of
immorality for maintaining a woman not his wife, under scandalous circumstances. The
Judge, who was required to submit his comments, interposed the defense that assuming
the truth of his having a querida, that fact does not affect his duties as a Judge.

Decide the case with reasons.

Answer:
The defense of the judge is without merit.
The personal behavior of a judge, not only upon the bench but also in his everyday
life, should be above reproach and free from the appearance of impropriety. He should
maintain high ethical principles and sense of propriety without which he cannot preserve
the faith of the people in the judiciary, so indispensable in an orderly society (Candia vs.
Tagabucha, G.R. Adm. Matter No. 528-MJ, Sept, 12, 1977, See also Borja vs. Bercasio, G.R.
Adm. matter No. 561 - MJ, Dec, 29, 1976). For the judicial office circumscribes the
personal conduct of a judge and imposes a number of restrictions thereon. (Canon 1,
Canon of Judicial Ethics)

Question No. 10
Judge XX presided over the trial of a legal dispute a- among several heirs,
involving real properties which included a residential lot adjacent to a rented property
owned by said Judge. The case was eventually terminated through a settlement reached by
the heirs. One month after the case was terminated, the heirs to whom the
abovementioned residential lot was allocated offered to sell said lot to Judge XX who
promptly agreed to, and did purchase the property at a reasonable price.
Did Judge XX commit a breach of any law or rule of judicial ethics?
Answer with reasons.

Answer:
The purchase of the property after the termination of the case may not be in
violation of Article 1491 of the Civil Code as the case had already terminated. However, it
might be improper and unethical for the judge to purchase said property as it might invite
suspicion considering that said property was the subject matter of a case he tried. In Macariola vs Asuncion, 114 SCRA 77, while the Supreme Court exonerated the judge for
purchasing a property after the termination of the case, the judged was admonished as his
act was improper under the canon of judicial ethics.

Question No. 11
In the course of a proceeding before a Regional Trial Court involving a petition for
admission to bail of a person charged with rebellion, the prosecution cited various
Supreme Court decisions in which similar petitions by other accused persons were
dismissed by the Supreme Court. The RTC Judge, in rejecting the prosecutions arguments,
and ordering the defendants admission to bail, perorated, inter alia, as follows: I
personally believe that the Supreme Court was wrong in refusing to allow bail in the cases

cited by the Fiscal. I know that the facts in the cited cases are almost identical to those
shown in this case, but I strongly feel that the Supreme Court overlooked the equitable
and humanitarian aspects of the case.
Discuss the legal and ethical aspects of these statements of the trial court judge.

Answer:
A judge may not decide contrary to a jurisprudence set by the Supreme Court. If he
feels that the application of a doctrine promulgated by the Supreme Court is against his
way of reasoning or against his conscience, he may state his opinion on the matter but
rather than disposing of the case in accordance with his personal views, he must first think
that it is his duty to apply the law as interpreted by the Highest Court of the land, and that
any deviation from a principle laid down by the latter would unavoidably cause, as a
sequel, unnecessary inconvenience, delays and expenses to the litigants (Albert vs. Court
of First Instance of Manila (Br. VI), G.R. No. L-26364, May 29, 1968).

Question No. 12
You represent the defendant in a civil case pending in Manila Regional Trial Court,
Branch 299. It is now December 8, 1987 and the case is set for trial for December 17, a
Thursday; but because of a previously set business meeting in which your presence is
indispensable, you want to postpone the court hearing set for December 17. Prepare a
complete motion for postponement.

Answer:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 29.9
PEDRO CRUZ,
Plaintiff,
- versus -

Civil Case No. 10

For Sum of Money

JUAN PEREZ,
Defendant.
MOTION FOR POSTPONEMENT
Comes now the defendant through undersigned counsel and to this Honorable
Court respectfully alleges:
A.M.;

1.

That the above entitled case was set for trial on December 17, 1987 at 8:30

2.
That the undersigned counsel had to attend a business meeting on
December 17, 1987 which was previously set;
3.
That his presence in said meeting is indispensable, hence, will not be able
to attend the trial on said date,
4.
That this request for postponement of the hearing is not for the purpose of
delaying the trial of the case.
WHEREFORE, it is respectfully prayed that the hearing on December 17, 1987 be
postponed to another day at the convenience of this Honorable Court.
Manila, December 4, 1987.
XYZ
Counsel for the Defendant
NOTICE OF HEARING
Attorney Conrado Juez
Counsel for the Plaintiff
37 Calamba, Quezon City
Please be notified that the foregoing motion for postponement is set for hearing
and for the consideration of the Honorable Court on December 10, 1967 at 8:30 A.M.
XYZ
Copy served on
Atty. Conrado Juez
37 Calamba, Quezon City

Question No. 13
Prepare the necessary resolutions to be adopted by a companys stockholders, to
effect: (a) and increase in the number of directors, from five to seven; and (b) the
necessary amendment of the articles of incorporation with respect to such increase of
membership in the board. Supply such other data that in your opinion would be necessary
to include in such resolutions.

Answer:
XYZ CORPORATION
Resolution No. 2, Series of 1987
WHEREAS, in a meeting called for the purpose, wherein all stockholders were duly
notified in accordance with law, the meeting of stockholders representing 90% of the

subscribed and paid capital stock was held on November, 1987 in principal office of the
XYZ Corporation.
WHEREAS, during said meeting presided by AC President of the said corporation
by a vote of stockholders rep-resenting more than 2/3 of the subscribed and paid up
capital stock voted to amend the Articles of Incorporation by increasing the number of
board of directors from five to seven.
WHEREAS, the stockholders have resolved to submit the said amendments for
approval of the Security and Ex-change Commission.
IN WITNESS WHEREOF, I have hereunto attest to the approval of said Resolution.
JPC
Secretary of the Corporation
Attested:
PV
President
AMENDED ARTICLES OF INCORPORATION
OF THE
XYZ CORPORATION
WHEREAS, in a meeting of the stockholders of the corporation called for the
purpose on November 2, 1987 in the provincial office of the XYZ Corporation in Manila by
a vote representing more than 2/3 of the subscribed and paid- up capital stock of said
corporation, Article 5 of the Articles of Incorporation is hereby amended to read:
5. That the number of Board of Directors shall be seven (7)... .)**
IN WITNESS WHEREOF, I JPC, Secretary of the Corporation attest to the approval
of said resolution.
JP
Secretary of the Corporation
PV
President

Question No. 14
Prepare a contract of lease covering an apartment located in 001 Atis St., Makati
The lessee agrees to pay a monthly rental of P5,000.00. The entire period of the lease shall
be 12 months, renewable upon mutual agreement of the parties. Furnish the terms and
conditions that in your opinion will protect the lessor who is your client.

Answer:
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This agreement made and entered into at Makati, Metro Manila, Philippines, this
27th day of November 1987 by and between Jose Uy of legal age, married to Petra Uy,
and a resident of Makati, hereinafter called the landlord, and Jess Cruz, of legal age,
single, and a resident of Makati, hereinafter called the tenant evidences that the parties
have agreed as follows:
1.
In consideration of the rent and the tenants covenants hereinafter
reserved and contained, the lessor hereby demises and leases to the tenant an apartment
located at 001 Atis St., Makati, belonging to the landlord, covered by TCT No. 100,
Register of Deeds of Makati.
To hold the Tenant for the term of 12 months.
Yielding and praying therefor during the said term, rent at the rate of P5,000.00
Pesos to be made on the first 10 days of each month of which the first shall be made on the
first day of January 1988.
2.

The tenant hereby covenants with the landlord as follows:

(a)
To pay the rent as aforesaid without the necessity of express
demand therefor, at the residence of the landlord;
(b)
To keep the leased premises in good and habitable condition,
making the necessary repairs and painting inside and outside the house;
(c)
Not to make alterations and improvements on the premises
without the written consent of the landlord, and, in case of such authorized
alterations and improvements on the premises, any and all such improvements
shall become the property of the landlord at the expiration of this lease.
IN WITNESS WHEREOF, We have hereunto set out signatures on this 29th day of
November 1987 at Makati.
JOSE UY
Landlord
_________

___
Witness

JESS UY
Tenant
Witness

____________

ACKNOWLEDGEMENT
On this 29th day of November 1987 personally appeared before me Jose Uy,
landlord, and Jess Cruz, tenant, to me known and known to me to be the same persons
who executed the foregoing contract of lease and acknowledged to me that the same is
their free act and voluntary deed.
They exhibited to me the Residence Certificate No._________ issued at Manila on
January 10, 1987 and his Residence Certificate No. 789 issued at Makati on June 1 1, 1987,
and Tax Account No. 678, respectively.
XYZ Notary Public
My commission expires
December 31, 1988
Doc. No.
Book No.
Page No.
Series of 1987.

Question No. 15
Your client was the victim of a hit and run car owned by DD and driven by FF. After
you had taken the steps to file the required court actions against DD and the driver, your
client was convinced by the car owner to accept a sum of money by way of settlement,
since the amount offered was fair and reasonably covered all the expenses incurred.
Prepare the document of Release and Waiver that in your opinion will best protect the
interest of your client, the victim and will likewise be legally sufficient and acceptable to
the car owner and his driver.

Answer:
RELEASE AND WAIVER
I, JUAN DE LA CRUZ, Filipino citizen, of legal age and resident of 7 Kitanlad,
Quezon City, after having been duly sworn in accordance with law hereby states:
1.
That as a result of a motor vehicle accident which occurred on November
1, 1987 in Quezon City, when I was hit by a car driven by FF and owned by DD, I filed a
criminal and civil complaint against both FF and DD in the Regional Trial Court of Quezon
City;
2.
That after verifying the facts, I realized that said FF was not altogether
reckless in driving said vehicle;
3.
That in order to settle the case amicably and since the owner of the car DD
had offered to pay all the medical expenses I incurred and the losses suffered in the total

amount of PI0.000.00 which I hereby acknowledge, I am withdrawing my complaint in

both civil and criminal cases filed in the Regional Trial Court of Quezon City (Civil Case No.
497 and Criminal Case No. 5 179);
4.
That by virtue thereof. I am waiving all my rights to file any civil and
criminal cases against FF and DD. Quezon City, November 29, 1987.
JUANDE LA CRUZ
Republic of the Philippines
Quezon City
SUBSCRIBED and sworn to before me this 29th day of November 1987 in Quezon
City, by affiant Juan de la Cruz, who exhibited to me his Residence Certificate No. 5789,
issued at Quezon City, on July 1, 1987, and TAN 7987.
PC
Notary Public
My commission expires
December 31, 1987
Doc. No.
Book No.
Page No.
Series of 1987