2017 CENTRALIZED BAR OPERATIONS

Executive Committee

Chairperson: Bandiola, Dawna Fya O.

Vice Chairperson for Academics: Najarro Jr., Violeta M.

Vice Chairperson for Academic Operations: Matibag, Kevin Christian S.

Vice Chairperson for Hotel Operations: Galvez, Ma. Johara G.

Executive Chairperson for Hotel Operations: Cancio, Ryan John C.

Vice Chairperson for Finance: Cuadra, Luis Alfonso L.

Vice Chairperson for Secretariat: Del Rosario, Janine Gabrielle A.

Vice Chairperson for Communications: Arriba, Edward Vange P.

Vice Chairperson for Recruitment and Membership: Santiago, Martin Kevin P.

Vice Chairperson for Electronic and Data Processing: Arbiol, Christian Adrianne M.

CONTENT AND LAY-OUT EDITORS

Christian Adrianne M.Arbiol Franchezka Mae S. Celis

Nikki Angeli LB Tuble John Eli Zuriel d.V. Bitong

San Beda College Alabang School of Law Administration

ATTY. Ulpiano P. Sarmiento III

Dean and Adviser

ATTY. Anna Marie Melanie B. Trinidad

Vice Dean

ATTY. Carlo D. Busmente

Prefect of Student Affairs and Adviser
 Centralized Bar Operations Advisers
ATTY. Ulpiano P. Sarmiento III
Dean and Adviser

ATTY. Carlo D. Busmente

Prefect of Student Affairs and Adviser

Centralized Bar Operations Core Group

Dawna Fya O. Bandiola Emmanuel Josef Javellanos
Kevin Christian S. Matibag Luis Alfonso L. Cuadra
Annabel F. Hernandez Edward Vange P. Arriba
Violeta M. Najarro Jr. Giulia Ingrid C. Calub
Ma. Terresa M. Marco Martin Kevin P. Santiago
Ma. Johara G. Galvez Rodel Jr. R. Cadorniga
Ryan John C. Cancio Janine Gabrielle A. del Rosario
Kristine C. Mirabueno Jemmarie Q. Pascua
Christian Adrianne M. Arbiol John Eli Zuriel d.V. Bitong
Nikki Angeli LB Tuble Mariane L. Hernandez
Marryl Ann G. Ragpala Juan Paolo N. Tamonte
 Legal Ethics Team

Subject Head: AMULONG, MARY GRACE L.

Asst. Subject Head: RELOX, ALVIN PATRICK R.

Members: BATUGAL, MARK JULIUS R.

MEDINA, EMMANUEL P. JR.
MONJE, KATREENA FRANCES G.
RICAPLAZA, DANA DENISSE C.
RUELOS, RHYS DEREK S.
SANTIAGUEL, LOWIE O.

LEGAL ETHICS
PRACTICE OF LAW
What is the practice of law?
SUGGESTED ANSWER:
The Supreme Court defined the practice of
law as any activity in or out of court which
requires the application of law, legal
procedure, knowledge, training or
experience. Generally, to practice law is to
give notice or render any kind of service
which device or service requires the use in
any degree of legal knowledge or skill
(Cayetano v. Monsod, G.R no. 100113)
Is the practice of law a right or a privilege?
SUGGESTED ANSWER:
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 court’s
constituency - to aid it in the administration
of justice. (Dodge v. State, 38 NE 745)
Does the legislature have the power to
regulate admission to the bar and the
practice of law?
SUGGESTED ANSWER:
No, Under the 1987 Constitution, the
Congress has no power to regulate
admission to the Bar and the practice of law.
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).
Subject Head: Mary Grace L. Amulong Assistant Subject Head: Alvin Patrick R. Relox Members: Mark Julius R. Batugal,
Emmanuel Medina P. Jr., Katreena Frances G. Monje, Dana Denisse C. Ricaplaza, Rhys Derek S. Ruelos, Lowie O. Santiaguel
APPEARANCE OF NON-LAWYERS
Generally, only those who are members of
the bar can appear in court. Are there
exceptions to this rule? Explain.
SUGGESTED ANSWER:
1. 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 school’s clinical legal
education program approved by the
Supreme court, may appear without
compensation in any civil, criminal or
administrative case before any trial
court, tribunal, board or officer, to
represent indigent clients accepted
by the legal clinic of the law school,
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);
2. When he appears as an agent or
friend of a litigant in an inferior court
(Sec. 34, Rule 138, Revised Rules of
Court);
3. When he is authorized by law to
appear for the” Government of the
Philippines (Sec. 33, Rule 138, Revised
Rules of Court);
4. 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);
5. 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 duly-accredited 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 litigation makes it a champertous contract,
Construction Enterprises Co., Inc. v. which is invalid.
NLRC, 279 SCRA 337 [19971);
6. Under the Cadastral Act, a non- May Atty. Quintos and Susan increase the
lawyer may represent a claimant amount of the contingent fee to 80%?
before the Cadastral Court (Sec. 8,
Act No.2250). SUGGESTED ANSWER:
Atty. Quintos and Susan can freely agree to
increase the amount of the contingent fee,
PROHIBITED APPEARANCE
but as long as the agreement is still
champertous, the agreement will still be
Justice C recently retired. The parents of the
invalid. Besides, even if there is no
victims of the OZONE Disco tragedy retained
champertous provision present, the
him in the case for damages which they filed
contingent fee of 80% of the property
against the owners of the Disco, Quezon City
recovered could still be considered as
officials and Quezon City. Can he appear as
unconscionable, because it is so
counsel for the victims' parents? Explain.
disproportionate as to indicate that an unjust
advantage had been taken of the client,
SUGGESTED ANSWER:
and is revolting to human conscience.
No. Section 1 of Republic Act No. 910, as
Contracts for attorney’s fees are always
amended, provides that “it is a condition of
subject to control by the courts.
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
FORUM SHOPPING
he is receiving the said pension shall appear
before any court in any civil case wherein the
What are the possible consequences of
government or any subdivision or
forum shopping?
instrumentality thereof is the adverse party or
in any criminal case wherein an officer or
SUGGESTED ANSWER:
employee of the government is accused of
an offense committed in relation to his office, 1. Summary dismissal of the multiple
or collect any fee for his appearance in any petition or complaint;
administrative proceedings to maintain an 2. Penalty for direct contempt of court
interest adverse to the Government, on the party and his lawyer;
national, provincial or municipal, or to any of 3. Criminal action for a false
its legally instituted officers." Inasmuch as the certification of non-forum shopping;
case being offered to Justice C is a civil case 4. Disciplinary proceedings for the
against not only the disco itself, but also lawyer concerned. (Sec. 5, Rule 7
against Quezon City and its officials, he will 1997 Rules of Civil Procedure)
be violating the aforesaid condition if he
appears as counsel for the victim's parents in
What are the instances of forum shopping?
the said case.

SUGGESTED ANSWER:
CHAMPERTOUS CONTRACT
1. When, as a result of an adverse
opinion in one forum, a party seeks a
The contract of attorney’s fees entered into
favorable opinion (other than by
by Atty. Quintos and his client, Susan,
appeal or certiorari) in another.
stipulates that if a judgment is rendered in her
2. When he institutes two or more
favor, he gets 60% of the property recovered
actions or proceedings grounded on
as contingent fee. In turn, he will assume
the same cause, on the gamble that
payment of all expenses of the litigation. Is
one or the other court would make a
the agreement valid?
favorable disposition” [Benguet
Electric Cooperative, Inc. v. NEA, 193
SUGGESTED ANSWER:
SCRA 250(1991)].
No. The agreement that the lawyer will
3. Filing a second suit in a court without
assume payment of all the expenses of
jurisdiction. [New Pangasinan

5 San Beda College Alabang School of Law

2017 Centralized Bar Operations
 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)].
PROSECUTOR'S DUTY
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 eyewitness on the
witness stand? Why?
SUGGESTED ANSWER:
Under the ordinary rules on trial technique,
the prosecutor 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
6 San Beda College Alabang School of Law
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.
NOTARY PUBLIC
What are the powers and duties of a notary
public?
SUGGESTED ANSWER:
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;
2017 Centralized Bar Operations
 7. To make the proper notation
regarding residence certificates.
(Sec. 247, Rev. Adm. Code)
Who can revoke his notarial commission?
SUGGESTED ANSWER:
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.
Enumerate the instances when a Notary
Public may authenticate documents without
requiring the physical presence of the
signatories.
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 and
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.
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?
SUGGESTED ANSWER:
The 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
7 San Beda College Alabang School of Law
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.
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 building contractor and a
neighboring municipality;
d. A memorandum of agreement
between another private contractor
and the municipality where he sits as
judge.
SUGGESTED ANSWER:
Municipal Judges may not engage in
notarial work except as notaries public ex-
officio. 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).
2017 Centralized Bar Operations
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.
LAWYER’S OATH
What is the significance of lawyer's oath?
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 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)
Lawyer’s oath
I, ___________________ do solemnly swear,
that I will maintain allegiance to the
Republic of the Philippines;
I will support its Constitution and obey the
laws as well as the legal orders of the duly
constituted authorities therein;
I will do no falsehood nor consent to the
doing of any in court;
I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit, or
give aid nor consent to the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion, with all good fidelity as well
to the courts as to my clients;
and I impose upon myself these voluntary
obligations without any mental reservation
or purpose of evasion.
So help me God.
8 San Beda College Alabang School of Law
CODE OF PROFESSIONAL
RESPONSIBILITY
ADVERTISING
Atty. E has a daily 10-minule radio program
billed as "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?
SUGGESTED 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)
DUTY NOT TO ENCROACH
UPON EMPLOYMENT OF A COLLEAGUE
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?
SUGGESTED 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
2017 Centralized Bar Operations
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.
PRIVATE LIFE VS PUBLIC LIFE
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. Is
Atty. Kuripot correct?
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."
Explain whether Atty. Kuripot should be held
administratively liable for his refusal to settle
his credit card bill.
SUGGESTED ANSWER:
He may not be held administratively liable.
The Supreme Court has held that it does not
take original jurisdiction of complaints for
collection of debts. The creditor’s course of
action is civil, not administrative in nature
and proper reliefs may be obtained from the
regular courts (Litigio vs. Dicon, 246 SCRA 9
[1995]). Although lawyers have been held
administratively liable for obstinacy in
evading payment of a debt, there is no
obstinacy shown in this case. (Constantino vs.
Saludares, 228 SCRA 233 [1993], Lao vs.
Medel, 405 SCRA 227 [2003]).
9 San Beda College Alabang School of Law
IBP DUES
Atty. Oldie, 80 years old, refuses to pay his IBP
dues. He argues he is a senior citizen and
semi-retired from the practice of law.
Therefore, he should be exempt from paying
IBP dues. Is his argument correct?
SUGGESTED ANSWER:
Atty. Oldie is not correct. The Senior Citizen’s
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
Mandatory Continuing Legal Education
(MCLE) requirements. Should he be exempt?
SUGGESTED ANSWER:
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.
RESPECT DUE TO THE COURT
When is public comment and criticism of a
court decision permissible and when would it
be improper?
SUGGESTED 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 fide. 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).
2017 Centralized Bar Operations
 COUNSEL DE OFICIO
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 attorney’s 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.
SUGGESTED ANSWER:
a. No, F may not be compelled to pay
attorney’s 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.
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?
SUGGESTED ANSWER:
a. Too many de oficio cases assigned to
the lawyer (People v. Daeng, 49
SCRA 222);
b. Conflict of interest (Rule 14.03, CPR);
c. Lawyer is not in a position to carry out
the work effectively or competently
[supra);
d. Lawyer is prohibited from practicing
law by reason of his public office
which prohibits appearances in
court; and
e. Lawyer is preoccupied with too many
cases which will spell prejudice to the
new clients.
10
What is an “attorney ad hoc”?
SUGGESTED ANSWER:
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. 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 & Trader’s
Insurance Co., 33 La. Ann. 209, 1881 WL 8922
[La.]).
CONFLICT OF INTEREST
What are the three (3) tests to determine
conflict of interest for practicing lawyers?
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 attorney’s 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]).
NEGLIGENCE
State the exception to the rule that the
negligence of counsel binds the client.
SUGGESTED ANSWER:
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
San Beda College Alabang School of Law
2017 Centralized Bar Operations
outright deprivation of one’s 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]).
ATTORNEY'S FEES
Give 4 instances when a client may validly
refuse to pay his lawyer the full amount of
attorney’s fees stipulated in their written
contract.
SUGGESTED ANSWER:
Any four of the following instances constitute
valid grounds for client to refuse to pay the
full amount of the attorney’s fees stipulated
in their contract:
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 client’s 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.
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
SUGGESTED ANSWER:
The following are the types of fee
arrangements:
1. Retainer’s 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
11
property where the lawyer’s fee is
taken from the award granted by the
court.
4. Attorney de Oficio. 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.
In the absence of such a fee arrangement,
how would the services of an attorney be
compensated? Explain.
SUGGESTED ANSWER:
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:
a. The amount and character of the
services rendered;
b. The labor, time and trouble involved;
c. The nature and importance of the
litigation or business in which the
services were rendered;
d. The amount of money or the value of
the property affected by the
controversy involved in the
employment;
e. The skill and experience called for in
the performance of the services;
f. The professional character and social
standing of attorney;
g. The results secured; and
h. 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.)
San Beda College Alabang School of Law
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 QUANTUM MERUIT
When is recovery of attorney’s fees based on
quantum meruit allowed?
SUGGESTED ANSWER:
Recovery of attorney’s fees on the basis of
quantum meruit is authorized when (1) there
is no express contract for payment of
attorney’s fees agreed upon between the
lawyer and the client; (2) when although
there is a formal contract for attorney’s fees,
the fees stipulated are found
unconscionable or unreasonable by the
court; and (3) when the contract for
attorney’s 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 attorney’s
fees (Rilloraza vs. Eastern
Telecommunications Phils., 308 SCRA 566
[1999]).
ASSUMPSIT
What is “Assumpsit” and when is it proper?
SUGGESTED ANSWER:
Assumpsit is an action in common law for the
recovery of damages for the non-
performance of a parol or simple contract,
(Bouvier’s Law Dictionary, Vol. 1, pp. 269-
270). The term has been used in relation to
the collection of attorney’s fees on a
quantum meruit basis. Where the lawyer has
been employed without a contract for his
compensation, he is entitled to recover an
amount his services merit, on the basis of an
implied promise by the client to pay for such
services. This has been referred- to as an
assumpsit on quatum meruit (Qui/ban v.
Robino/ 171 SCRA 768 [1989]).
CONTINGENT FEE
After receiving P50, 000 Atty. Delmonico
demanded the transfer to him of the
promised 500 sqm lot by Wag Yu. 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.
12
Is Atty. Delmonico liable under the Code of
Professional Responsibility and the Civil
Code? Explain.
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 sqm. 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]).
CHARGING LIEN
The vendor filed a case against the vendee
for the annulment of the sale of a piece of
land. Assume the vendee obtained a
summary judgment against the vendor.
Would the counsel for the defendant vendee
be entitled to enforce a charging lien?
SUGGESTED ANSWER:
A charging lien, to be enforceable as
security for payment of attorney’s 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]). In this case, a summary
judgment against the vendor 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.
ATTORNEY-CLIENT RELATIONSHIP
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
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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 Simon’s revelation to Atty.
Holgado covered by the attorney-client
privilege?
SUGGESTED ANSWER:
Simon’s 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 attorney-
client privilege does not cover information
concerning a crime or a fraud being
committed or proposed to be committed.
WITHDRAWAL OF SERVICES
On the eve of the initial hearing for the
reception of evidence for the defense, the
defendant and his counsel had a conference
where the client directed the lawyer to
present as principal defense witnesses two
(2) persons whose testimonies were
personally known to the lawyer to have been
perjured. The lawyer informed his client that
he refused to go along with the unwarranted
course of action proposed by the defendant.
But the client insisted on his directive, or else
he would not pay the agreed attorney’s fees.
When the case was called for hearing the
next morning, the lawyer forthwith moved in
open court that he be relieved as counsel for
the defendant. Both the defendant and the
plaintiffs counsel objected to the motion.
Under the given facts, is the defense lawyer
legally justified in seeking withdrawal from
the case? Why or why not?
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.
13
Was the motion for relief as counsel made by
the defense lawyer in full accord with the
procedural requirements for a lawyer’s
withdrawal from a court case? Explain briefly.
SUGGESTED ANSWER:
No, his actuation is not in accord with the
procedural requirements for the lawyer’s
withdrawal from a court case. Whether or not
a lawyer has a valid cause to withdraw from
a case, he cannot just do so and leave the
client in the cold unprotected. He must serve
a copy of his petition upon the client and the
adverse party. He should, moreover, present
his petition well in advance of the trial of the
action to enable the client to secure the
services of another lawyer.
RIGHTS OF CLIENTS TO DISMISS COUNSEL
State the rule on:
a. The right of the client to dismiss his
lawyer
b. The prerogative of a lawyer to
withdraw as counsel
SUGGESTED 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 (Cañon 22,
Code of Professional Responsibility).
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 DISBARMENT
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?
SUGGESTED ANSWER:
The defense of in pari delicto is immaterial in
an administrative case which is sui generis.
The administrative case is about the lawyer’s
conduct, not the woman’s. (Mortel v. Aspiras,
100 Phil. 586 [1956]; Po Cham v. Pizarro, 467
SCRA 1 [2005]; Marjorie F. Samaniego v. Atty.
Andrew V. Ferrer, 555 SCRA 1 [2008]).
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 Arabella’s motion to dismiss
the complaint?
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.
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
14
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. May the Supreme
Court act upon the complaint filed by an
anonymous person? Why or why not?
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 motu proprio.
Is respondent entitled to resume the practice
of Law?
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;
d. Retaking of the lawyer’s oath
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
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suspended from the practice of law in
California for 1 year. May his suspension
abroad be considered a ground for
disciplinary action against Atty. LA in the
Philippines? Why?
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.
Atty. Perez was admitted as a member of the
New York Bar. While in Manhattan, he was
convicted of estafa and was disbarred. Does
his disbarment in New York a ground for his
automatic disbarment in the Philippines?
SUGGESTED ANSWER:
The disbarment or suspension of a member of
the Philippine Bar by a competent court or
other disciplinary agency in a foreign
jurisdiction where he has also been admitted
as an attorney is a ground for his disbarment
or suspension if the basis of such action
includes any of the acts hereinabove
enumerated. The judgment, resolution or
order of the foreign court or disciplinary
agency shall be prima facie evidence of the
ground for disbarment or suspension (pars. 2
& 3, Section 27, Rule 138, as amended by
Supreme Court Resolution, dated February
13,1992).
Thus, the disbarment of Atty. Perez in New
York for estafa is a ground for his disbarment
in the Philippines. However, such disbarment
in the Philippines is not automatic. Atty. Perez
is still entitled to due notice and hearing. (In
Re Suspension from the Practice of Law in the
Territory of Guam of Atty. Leon G. Maquera,
435 SCRA 417 (2004]).
MANDATORY CONTINUING LEGAL
EDUCATION (MCLE)
State the aims and objectives sought to be
accomplished by the Mandatory Continuing
Legal Education (MCLE)?
15
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."
Members of the IBP, unless exempted under
Rule 7, shall complete every three (3) years at
least 36 hours of continuing legal education
activities.
Name three parties exempted from the
MCLE.
SUGGESTED ANSWER:
The following members of the Bar are exempt
from the MCLE requirement under Rule 7 of
B.M. 850:
a. The President and the Vice President
of the Philippines, and the Secretaries
and Undersecretaries of Executive
Departments;
b. Senators and Members of the House
of Representatives;
c. The Chief Justice and Associate
Justices of the Supreme Court,
incumbent and retired members of
the judiciary, incumbent members of
the Judicial and Bar Council and
incumbent court lawyers covered by
the Philippine Judicial Academy
program of continuing judicial
education;
d. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries
of the Department of Justice;
e. The Solicitor General and the
Assistant Solicitors General;
f. The Government Corporate Counsel,
Deputy and Assistant Government
Corporate Counsel;
g. The Chairmen and Members of the
Constitutional Commissions;
h. The Ombudsman, the Overall Deputy
Ombudsman, the Deputy
Ombudsman and the Special
Prosecutor of the Office of the
Ombudsman;
i. Heads of government agencies
exercising quasi-judicial functions;
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 j. Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least ten (10) years
in accredited law schools;
k. The Chancellor, Vice-Chancellor and
members of the Corps of Professors
and
l. Professorial Lecturers of the Philippine
Judicial Academy; and
m. Governors and Mayors
SEC. 2. Other parties exempted from the
MCLE. The following Members of the
Bar are likewise exempt:
a. Those who are not in law practice,
private or public.
b. Those who have retired from law
practice with the approval of the IBP
Board of Governors.
Can a lawyer who lacks the number of units
required by the Mandatory Continuing Legal
Education (MCLE) Board continue to practice
his profession?
SUGGESTED ANSWER:
The lawyer may still continue to practice to
pursue his profession, but he will be unable to
comply with Bar Matter No. 1922 which
requires that every pleading filed in court or
a quasi-judicial body shall contain an
annotation of the number and date of their
MCLE compliance, otherwise, their pleadings
will be expunged and their cases dismissed.
They will also be listed as delinquent
members of the Integrated Bar of the
Philippines, and the IBP Board of Governors
can recommend their suspension or
disbarment to the Supreme Court. Until then,
they can continue to practice law but
cannot file pleadings in court of quasi-judicial
bodies.
CODE OF JUDICIAL CONDUCT
What qualities should an ideal judge possess
under the New Code of Judicial Conduct for
the Philippine Judiciary?
SUGGESTED ANSWER:
The qualities required of judges by the New
Code of Judicial Conduct for the Philippine-
Judiciary are:
16
1. Independence (Canon 1)
2. Integrity (Canon 2)
3. Impartiality (Canon 3)
4. Propriety (Canon 4)
5. Equality (Canon 5), and
6. Competence and Diligence (Canon
6).
IMPROPRIETY
During the hearing of an election protest filed
by his brother, Judge E sat in the area
reserved for the public, not beside his
brother’s lawyer. Judge E’s brother won the
election protest. Y, the defeated candidate
for mayor, filed an administrative case
against Judge E for employing influence and
pressure on the judge who heard and 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 brother’s 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 brother’s
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 brother’s election protest, it
cannot be denied that his presence in the
courtroom during the hearing of his brother’s
case would immediately give cause for the
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community to suspect that his being a
colleague in the judiciary would influence
the judge trying the case to favor his
brother.”
UNDUE INTERFERENCE
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. Is the
motion tenable? Why?
SUGGESTED ANSWER:
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, 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. 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.
Can the judge justify his intervention? How?
SUGGESTED ANSWER:
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.
INHIBITION
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
17
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?
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]).
Can a judge, by refusing to inhibit himself
although one of the lawyers in the case is his
second cousin, be sanctioned?
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.
EXTRA-JUDICIAL ACTIVITIES
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.
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
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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.
CONTEMPT
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?
SUGGESTED 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).
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?
SUGGESTED 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
18
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.)
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?
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.
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 her skin rashes. Is Judge Rosalind
justified in not wearing her judicial robe?
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
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complying with AC No. 25, he must first
secure the Court’s permission for such
exemption. He cannot simply excuse himself,
like respondent judge, from complying with
the requirement.

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