I. f.

extrajudicial source rule

a. Judicial Immunity Under the concept of extrajudicial
source rule, there is bias or prejudice when
Judicial immunity provides that, in
the resulting opinion is based upon an
the absence of fraud, dishonesty or
extrajudicial source, that is, some influence
corruption, the acts of a judge in his judicial
other than the facts and law presented in
capacity cannot be subjected to disciplinary
the courtroom.
action even though the acts are erroneous,
as long as he acts in good faith.
g. conflict search
b. Last Link Doctrine Conflict search is an examination of
the causes of action between the
Last link doctrine is a rule that the
prospective client and the lawyer’s current
identity of a client may become privileged if
clients.By conducting a conflict search, the
divulging it would reveal information
lawyer will be able to determine, in the first
protected by the attorney–client privilege,
instance, if he is barred from accepting the
particularly if the information would
representation through conflicts with his
provide essential evidence to support
present clients or the lawyer’s own interest.
indicting or convicting the client of a crime.

c. duty to sit and rule of necessity
Duty to sit means that a judge must
ensure that he will not be unnecessarily
disqualified from a case.
The rule of necessity, however, states
that a judge is not disqualified to sit in a
case where there is no other judge available
to hear and decide the case.
d. influence-peddling
Influence-peddling pertains to a rule
in Code of Professional Responsibility which
states that a lawyer shall not state or imply
that he is able to influence any public
official, tribunal or legislative body.
h. professional touting
Professional touting is a practice of
soliciting cases for the purposeof
gain,either personally or through paid
agents or brokers, and it constitutes
malpractice.
i. champertous contract
A champertous contract is agreement
where the lawyer stipulates with his client
in the prosecution of the case that he will
bear all the expenses for the recovery of
things or property being claimed by the
client, and the latter agrees to pay the
former a portion of the thing or property
recovered as compensation. It is void for
being against public policy.

e. doctrine of imputed knowledge

The doctrine of imputed knowledge j. retainer
provides that the knowledge acquired by an Retainer refers to the act of a client
attorney during the time that he’s acting by which he engages the services of an
within the scope of his authority is imputed attorney to render legal advice, ortodefend
to the client. It is based on the assumption or prosecute his cause in court.
that an attorney, who has notice of matter
affecting his client, has communicated the
same to his principal in the course of
professional dealings.

II.
a.
No, Atty. Enriquez cannot claim ½ of
the land as his contingency fee. The
contingency fee of P200,000 should prevail
over the oral contingency fee agreement of
Atty. Enriquez and spouses Manuel.
As provided in the Code of
Professional Responsibility, a lawyer shall
charge only fair and reasonable fees.
The claim of Atty. Enriquez of ½ of
the land as his contingency feeappears to
be unconscionable since he will obtain a
portion of a land equal to what his clients
will receive. Furthermore, well settled in
the rule that controversies involving written
and oral agreements on attorney’s fees
shall be resolved in favor of the former.
Hence, the contingency fee of P200,000
stipulated in the complaint prevails over the
oral contingency fee agreement of ½ of the
subject lot.
b.
No, as a general rule a lawyer shall
notaccept any compensation related to his
professional employment from anyone
other than the client except when the latter
has full knowledge and approval thereof.
The reason behind the rule is to avoid
any suspicion of disloyalty to clientand
secure the lawyer’swholehearted fidelity to
the client’s cause.
III.
a.
Yes, the consultation of Maria with
Atty. Evangeline is privileged.
The rule on privileged communication
applies to matters disclosed to a lawyer by a
prospective client. The mere disclosure and
the lawyer’s opinion thereon establishes an
attorney-client relationship.
The privilege continues to exist even
after the termination of the attorney- client
relationship and it only ceases when waived
by the client.
b.
No, a lawyer may refuse to accept
cases of a prospective client. A lawyer may
decline the case if he is not in a position to
carry out the work effectively or
competently, or if he labors under a conflict
of interest between him and the
prospective client.
IV.
a.
The lawyer-client relationship is said
to be strictly personal because it prohibits
the delegation of lawyer’s work to other
person without the client’s consent.
Moreover, the lawyer-client relationship is
also highly confidential since any
communication made in the course of
lawyer’s professional employment is
privileged and therefore cannot be disclose
without client’s approval.
Lastly, lawyer-client relationship is
fiduciary in nature since the lawyer hold in
trust all moneys and properties of his client
that may come into his possession.
b.
The statement is true, the foremost
duty of a lawyer is not to his client but to
the administration of justice. His client’s
success is wholly subordinate.
A lawyer is an instrument of the court
to advance the ends of justice. He should
not resort to unethical means just for his
client’s cause. He may be able to help the
court in the dueand orderly administration
of justice by doing no act that obstructs or
impedes the administration of justice.
V.
a.
No, incumbent Supreme Court
Justices may not be disbarred unless and
until they shall have been first impeached.
As provided in the constitution,
members of the Supreme Court mustbe
members of the Philippine Bar and may be
removed from office only by impeachment.
Therefore, granting a disbarment
complaint against incumbent members of
the Supreme Court would ran afoul to the
Constitutional mandate. Members of the
Supreme Court are constitutionally required
to be members of the Philippine Bar.
b.
The power to dismiss a disbarment
complaint, punish contempt, and to impose
sanctions upon lawyers were exclusively
delegated to the Supreme Court as
theConstitution confers upon the Supreme
Court the power to promulgate rules
concerning the admission to the practice of
law.
In disbarment proceedings, the
Integrated Bar of the Philippines is limited
only in conducting an investigation. After
investigation, the Integrated Bar of the
Philippines will issue a resolution setting
forth itsfindings and recommendations,
which shall forthwith betransmitted to the
Supreme Court for final action.
VI.
a.
No, Atty. Teresa’s contention is
untenable.
The prohibition under the Code of
Professional Responsibility in representing
conflicting interests applies on this case
since the two opposing parties are Atty.
Teresa’s present client in an unrelated
action.
The representation of Atty. Teresa
invites an impression of unfaithfulness
because in one case she is defending Jon
and in another case she is opposing Jon.
Furthermore, it creates a suspicion that
Atty. Teresa may use confidential
information to the disadvantage of Jon.
b.
A lawyer should decline no matter
how attractive the fee offered may be if its
acceptance will involve a violationof any of
the rules of the legal profession.
Even if the lawyer declines
employment, he has an obligation to render
legal advice to the person concerned ifonly
to the extend necessary to safeguard the
latter’s interests. He should, however,
refrain fromgiving such legal advice if the
reason for not accepting the case is thathe
labors under a conflict of interests.
VII.
a.
Atty. Knowell‘s conduct should be
subjected to disciplinary action.
A lawyer is duty-bound to observe
and maintain the respect due to the courts
and to judicial officers.
Atty. Knowell’s action of criticizing
the decision of the judge tarnishes the
confidence of the people in the integrity
and honesty of judicial officers. It degrades
the justice system. Moreover, as a lawyer,
Atty. Knowell is expected to respect the
legal processes and orders of the court.
b.
Yes, a lawyer has an obligation to
defend judges from unfounded criticisms
and clamor.
Judges are vulnerable to public
criticisms outside the court. A lawyer, as an
instrument of the court, should refrain and
discourage anyone from criticizing the judge c.
based on unfounded accusations.
The propriety and impropriety of the
conduct are imposed duties and
responsibilities of lawyers and judges in
VIII.
performing their profession. They are
a. bound to behave in an exacting standards
Administrative cases against lawyers even in their private lives.
belong to a class of their own. They are
distinct from and may proceed
d.
independently of civil and criminal cases.
A judge must exhibit independence
In administrative proceedings, the
and equality in the discharge of his duties.
quantum of proof necessary for afinding of
His judgment in every cases must be free
guilt is substantial evidence or such relevant
from any influences and decide it in
evidence as areasonable mind may accept
accordance with the fact and the law.
as adequate to support a conclusion.

e.
b.
A judge must be always impartial. He
The desistance or the withdrawal of
should be fair and just. A judge should not
the complainant of the charges against a
act in a way that community will view him
judge/lawyer does not deprive the court of
to be partial as it will undermine the
the authority to proceed to determine the
confidence of the community not only to
matter. Nor does it necessarily result in the
the judge but also in our justice system.
dismissal of the complaint except when, as
a consequence of the withdrawal or
desistance no evidence is adduced to prove
the charges.

IX.
a.
In upholding integrity and dignity,
lawyers and judges should at all times
conduct themselves in a way that it will
inspire the confidence and trust of the
community and clients to them, so as to the
legal profession.

b.
Competence and diligence requires
lawyers and judges to devote the
appropriate attention to their legal work
and observe the correct application of laws
in rendering legal services.