Legal Ethics - Bsu Draft Bar Q&A 2005-2014
Legal Ethics - Bsu Draft Bar Q&A 2005-2014
reconsideration. Under the Code, a lawyer shall not Canon 21, Rule 21.02 of the CPR pro
handle any legal matter without adequate lawyer shall not, to the disadvantage
preparation (18.02). He shall not neglect a legal use information acquired in the
matter entrusted to him and his negligence renders employment, nor shall he use the sam
him liable (18.03). Canon 18 provides that the advantage or that of a third person, un
lawyer shall serve his client with competence and with full knowledge of the circumstan
diligence. Thus, the voluminous record is no thereto.”
justification for the failure of Attorney M to file an Christine cannot disclose the admis
opposition to the demurrer to evidence or failing to violating the abovementioned
attend the hearing thereof. information disclosed is in the nature o
communication, hence, she cannot dis
Giving the motion for reconsideration to the friends court without Zuma's consent.
of N for filing is another instance of negligence on
the part of Atty. M. He should have filed his motion c. Can Christine withdraw as coun
himself. (Francisco v. Portugal, A.C. No. 6155, March should he insist in going to trial? Ex
14, 2006) Atty. M also violated Canon No. 13 of the
Code of Professional Responsibility which provides Suggested Answer:
that “a lawyer shall rely upon the merits of his Christine cannot withdraw as counsel o
cause and refrain from any impropriety which tends
to influence or gives the appearance of influencing Canon 14, Rule 14.01 of CPR states th
the court.” Furthermore, refusing to comply with shall not decline to represent a pers
N’s request to withdraw from the case violated the account of the latter's race, sex. creed
absolute right of the client to terminate his lawyer life, or because of his own opinion r
at any time with or without cause. (Section 26, Rule guilt of said person.”
138 of the Rules of Court)
Despite the admission of Zuma, Chr
Question No. 1. (2008). Code of Professional withdraw as Zuma's counsel because
Responsibility, Canon 19, 21, & 14 considered innocent until proven gu
there may be mitigating circums
Christine was appointed counsel de oficio for Christine may raise as a defense that i
Zuma, who was accused of raping his own Zuma.
daughter. Zuma pleaded not guilty but thereafter
privately admitted to Christine that he did commit
the crime charged. Question No. 2 (2008). Code of
Responsibility, Canon 6, 15, 21
a. In light of Zuma’s admission, what should
Christine do? Explain. (3%) In 1998, Acaramba, a telecom
company, signed a retainer agreemen
Suggested Answer: & Sophia Law Office (B & S) for the
Christine should suggest to Zuma that he should services for a fee of P2,000 a month.
plead guilty to the crime as charged. 2001, the only service actually perform
for Acaramba was the review of a leas
Canon 19, Rule 19.02 of the CPR states that “a and representation of Acaramba as a
lawyer who has received information that his client in a bouncing checks case. Acaram
has, in the course of the representation, paying retainer fees in 2002 and te
perpetrated a fraud upon a person or tribunal, shall retainer agreement with B & S in 20
promptly call upon the client to rectify the same, Temavous, another telecommunicatio
and failing which he shall terminate the relationship requested B & S to act as its co
with such client in accordance with the Rules of following transactions: (a) the ac
Court.” Acaramba; and (b) the acquisition o
company engaged in the power busine
b. Can Christine disclose the admission of Zuma to
the court? Why or why not? (2%) In which transactions, if any, can Bian
Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Abigail filed administrative cases before the State, with a brief explanation, wheth
Supreme Court against Judge Luis. Thereafter, Atty. concerned may be sanctioned for
Abigail filed a Motion for Inhibition praying that stated below.
Compiled by BSU-Law, 3rd Year students SY 2015-16
Yes. Canon 18, Rule 18.02 states that “A lawyer shall f. An unwed female lawyer car
not handle any legal matter without adequate clandestine affair with her u
preparation.” A lawyer should have exercised hairdresser. (3%)
diligence and made adequate preparations to
ascertain that the complaint stated a cause of action Suggested Answer:
to prevent the dismissal of the complaint. No. Both parties are of age and quali
each other hence the affair is not
b. A suspended lawyer working as an independent grossly immoral. It is not so cor
legal assistant to gather information and secure unprincipled to warrant sanction from
documents for other lawyers during the period g. Not paying the annual IBP dues. (3%
of his suspension. (3%)
Suggested answer:
Suggested Answer: Yes. Default in payment of IBP dues
Yes. Under the law, only lawyers in good standing shall warrant suspension of membersh
can perform or engage in the practice of law. In the and default in payment for one year
case of Cayetano vs. Monsod, the Court held that for the removal of the member in
the practice of law involves rendering service to the Attorneys.
general public that calls for the professional
judgment of a lawyer, the essence of which is his
educated ability to relate the general body and Question No. 9. (2008). Code of
philosophy of law to a specified legal problem. Responsibility, Canon 3.
Clearly, the act of working as a legal assistant in
gathering information and securing documents for State, with a brief explanation, wheth
other lawyers is within the scope of practicing law. A concerned may be sanctioned for
suspended lawyer is temporarily prohibited to stated below.
practice the legal profession therefor he cannot
engage in the mentioned acts. a. Refusing to inhibit himself althoug
lawyers in the case is his second co
c. A suspended lawyer allowing his non-lawyer
staff to actively operate his law office and SUGGESTED ANSWER:
conduct business on behalf of clients during the No. Under Canon 3, Rule 3.12 a judge
period of suspension. (3%) no part in a proceeding where
impartiality might reasonably be quest
Suggested Answer: the cases would be where the judge
Yes. Canon 9, Rule 9.01 states that “a lawyer shall consanguinity or affinity to counse
not delegate to any unqualified person the fourth degree. A second cousin is a r
performance of any task which by law may only be the 6th degree, hence it is not cov
performed by a member of the bar in good prohibition.
standing.”
b. Deciding a case in accordance wit
d. Keeping money he collected as rental from his Court ruling but adding that he do
client’s tenant and remitting it to the client with the ruling. (3%)
when asked to do so. (3%)
SUGGESTED ANSWER:
Suggested Answer: No. There is no law or rule prohibiting
Yes. Canon 16, Rule 16.01 provides that “a lawyer Regardless of his opinion, the judge
shall account for all money or property collected or the Supreme Court's ruling thus th
received for or from the client.” A lawyer should nothing wrong with such act. Furthe
account for all money he collected immediately. He will not have any bearing as it is no
should not wait that the client would ask or demand decision.
for the money.
c. Dictating his decision in open court
e. Refusing to return certain documents to the after trial. (3%)
Compiled by BSU-Law, 3rd Year students SY 2015-16
Another test of inconsistency of interests is whether In his answer, Atty. Hype (1) questio
the acceptance new relation would prevent the full personality and interest of Kristine to
discharge of the lawyer’s duty of undivided fidelity complaint and (2) insists that he is a
and loyalty to the client or invite suspicion of the sex videos relate to his private
unfaithfulness or double-dealing in the performance outside public scrutiny and have no
of the duty. with his law practice.
Still another test is whether the lawyer would be Rule on the validity of Atty. Hype’s de
called upon in the new relation to use against a
former client any confidential information acquired Suggested Answer:
through their connection or previous employment”. The first defense does not lie becau
personality and interest of Kristine t
Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Hyde’s defense that his private life has nothing meritorious or otherwise, do not invo
to do with his practice of law is not meritorious. The causes of action. Rather, it pertains to
CPR specifically provides that lawyers should not the facts of the case which should have
engage in conduct that adversely reflects his fitness upon at the onset.
to practice law, nor behave in a scandalous manner
to discredit the legal profession, whether private or
public. Thus, there is a ground for sanctions ions or Question No. 21 (2009). Rule 15.02
even his disbarment. Canon 15, CPR
Atty. X files an administrative complaint against the firm. She allowed her husband
Atty. Y for using abusive language. calling cards bearing his name as seni
the firm and to appear in courts
Atty. Y posits that as lawyer for the down-trodden postponements.
laborers, he is entitled to express his righteous
anger against the Commissioners for having Did Atty. Santos-Cruz violate th
cheated them; that his allegations in the Motion Professional Responsibility? Why? (3%
for Reconsideration are absolutely privileged; and
that proscription against the use of abusive SUGGESTED ANSWER:
language does not cover pleadings filed with the Yes. The CPR clearly provides that a
NLRC, as it is not a court, nor are any of its not, directly or indirectly, assist in the
Commissioners Justices or Judges. practice of law. (Canon 9)
Is Atty. Y administratively liable under the Code of Clearly the husband and friend are non
Professional Responsibility? Explain. (3%) cannot be partners in a law from
constitutes unauthorized practice of l
SUGGESTED ANSWER: Rule 9.01 states- A lawyer shall not de
Yes. Case law has it that it is unavailing to presume unqualified person the performance
that labor practitioners are entitled to some which by law may only be performed
latitude of righteous anger. Likewise, the Court is of the bar in good standing.
not deterred from exercising supervisory authority
over lawyers who misbehave or fail to live up to
that standard expected of them as members of the Question No. 15-A (2010). Canon 13.
Bar.
Rico, an amiable, sociable lawyer, ow
NLRC exercises quasi-judicial functions and should Marina Golf Club, easily one of the m
be accorded with the same respect and demeanor courses. He relishes hosting
due to courts of law. government officials and members of
Canon 8 of the CPR states that a lawyer shall One day, he had a chance meeting w
conduct himself with Courtesy, Fairness and Candor the Intramuros golf course. The two
towards his professional colleagues. Relative along well and had since been regu
thereto, Rule 8.01 profers that a lawyer shall not, in golf together at the Marina Golf Club.
his professional dealings, use language which is
abusive, offensive or otherwise improper. In a bid a. If Atty. Rico does not discuss
to maintain respect due to courts and to judicial members of the bench during par
officer, Rule 11,03 again states that a lawyer shall games, is he violating the Code of
abstain from scandalous, offensive or menacing Responsibility? Explain. (3%)
language or behavior before the courts.
SUGGESTED ANSWER:
In addition, Rule 11.04 specifically states that a YES. Atty. Rico is liable for violating Ca
lawyer shall not attribute to judge motives not of Professional Responsibility, he sh
supported by the record. from any impropriety which tends to
gives the appearance of influencing th
Obiter: Canon 7 states that lawyers should at all is especially true if Atty. Rico is regula
times uphold the integrity and dignity of the legal in the court of the judges.
profession and continues in Rule 7.03 to state that
lawyers should not behave in a scandalous manner Also, Rule 13.1 states that – A law
to the discredit of the legal profession. extend extraordinary attention or hosp
seek opportunity for cultivating fam
judges. In playing golf regularly
Question No. 6 (2010). Canon 9. familiarity will certainly arise and wh
they discuss cases is a non-issue.
Compiled by BSU-Law, 3rd Year students SY 2015-16
He shall also have a lien to the same extent on all Question No. 7 (2011) Canon Law, rule
judgments and executions he has secured for his
client as provided for in the Rules of Court. Here the Which of the following statements b
land is no longer subject of litigation because the the distinct traditional dignity tha
case was already final and executor. profession enjoys over other professio
Answer:
Question No. 3 (2011) Canon Law, Rule 20 (A) People are quite dependen
for their skills in getting them o
Atty. Francisco’s retainer agreement with RXU said with the law.
that his attorney's fees in its case against CRP (B) Its members strive to main
"shall be 15% of the amounts collected." Atty. even in their private dealings.
Francisco asked the trial court to issue a temporary (C) Its members earn by charg
restraining order against CRP but this was denied, emoluments or fees.
prompting him to file a petition for certiorari with (D) The profession is anc
the Court of Appeals to question the order of fiduciary relation with the clien
denial. At this point, RXU terminated Atty.
Francisco’s services. When the parties later settled
their dispute amicably, CRP paid RXU P100 million. Question No. 14 (2011), CANON law
Compiled by BSU-Law, 3rd Year students SY 2015-16
of execution for the whole judgment in Atty. also sued Atty. Jose for foisting a false
Benny's name with an order for him to turn over court. Is Atty. Jose liable?
the excess to his client. Is Atty. Benny’s action
correct? Answer:
(A) No, because he did no
Answer: arrange for Emily to lie in court
(A) No, since his fees are excessive. (B) Yes, because he did not ad
(B) Yes, since he was merely asserting his to settle the case amicably.
right to collect his fees. (C) No, because Emily did not p
(C) Yes, since he would anyway give the reveal the falsity to the court.
excess to his client after getting his fees. (D) Yes, because he knowing
(D) No, since he did not disclose to his false testimony pass for truth.
client the matter of getting a charging lien
and a writ of execution in his name.
Question No. 17 (2011), Canon Law, R
Question No. 15 (2011), Canon Law In settling his client's claims, Atty. C
from the adverse party P200,000 in
On 17 April 2006 NWD, a local water district client. Which of the following is an IM
entity, hired Atty. Chito as private counsel for a for Atty. Cruz to handle the money?
year with the consent of the Office of the
Government Corporate Counsel (OGCC). Shortly Answer:
after, a leadership struggle erupted in NWD (A) Ask his client to prepare a
between faction A and faction B. Siding with the fees for swapping with the cash
first, Atty. Chito filed several actions against the (B) Deposit the cash in his
members of faction B. Eventually, the court upheld account and later issue his pe
Faction B which thus revoked Atty. Chito’s retainer to his client, less his fees.
on 14 January 2007. With OGCC’s approval, NWD (C) Turn over the cash to his
hired Atty. Arthur in his place. When Atty. Arthur request that the latter pay him
sought the dismissal of the actions that Atty. Chito (D) Tell his client about the se
had instituted, the latter objected on the ground the cash and wait for
that his term had not yet expired and Atty. Arthur instructions.
had no vacancy to fill up. Is Atty. Chito right?
A difficult client directed his counsel to bring up to (A) Yes, since the action he f
the Supreme Court the trial court’s dismissal of Court of Appeals was bar
their action. Counsel believes that the trial court pendency of a similar action
acted correctly and that an appeal would be futile. Environment Secretary.
Which of the following options should counsel (B) Yes, since he was eviden
take? for a sympathetic forum, a c
practice.
Answer: (C) No, since his appeal to the
(A) Withdraw from the case to temper the Secretary was administrative, n
client’s propensity to litigate. (D) No, since he has to exhaus
(B) Engage a collaborating counsel who can remedies to serve his client’s in
assist in the case.
(C) Submit a new retainer proposal to the
client for a higher fee. Question No. 29 (2011), Canon L
(D) Elevate the case to the Supreme Court (ambulance Chasing)
as directed by client.
Atty. Melissa witnessed the car a
resulted in injury to Manny, a friend o
Question No. 25 (2011) Canon Law, Rule 11 visiting him at the hospital, she advis
what action he needed to take r
Although not counsel in a particular case, Atty. accident. Is Atty. Melissa subject to
Anthony asked Lisa, the RTC clerk of court, if the action if she eventually handles the ca
case records have already been remanded to the
MTC as the Court of Appeals directed. Lisa said no, Answer:
saying that the RTC had not yet received a certified (A) No, because Melissa did
copy of the Court of Appeals’ decision. When Lisa volunteer her services.
suggested that Atty. Anthony first secure such a (B) No, because Manny happ
copy, the latter scolded her. Shamed by this, Lisa friend.
filed a disciplinary action against him for (C) Yes, she engaged in typic
encroaching on the work of the lawyers of record. chasing.
Anthony defends his follow-up action by claiming (D) Yes, because she should
good faith and the possibility of entering his her services for free.
appearance later. Is Anthony liable for his record
follow up?
Question No. 33 (2011), Canon Law, ru
Answer:
(A) Yes, because he did not inform Lisa of Atty. Eliseo represented Allan in a c
the basis of his interest in the case. against the Philippine Charity Sweep
(B) Yes, because none of the parties to the (PCSO). After his election as sanggu
case authorized him to do such follow up. member, the court rendered a decisi
(C) No, because he acted in good faith with favor. Still, Atty. Eliseo appeared for
a view to a possible retainer. latter’s appeal, prompting the PCSO
(D) No, because following up the records of his right to do so. In response, Atty. E
any case does not constitute practice of that the local government code auth
law. practice law as long it does not con
duties. Is Atty. Eliseo right?
decision only on December 7, and upon a vote of (C) Accepting a tough case al
10-5. Asked to explain his misleading article, new in practice, trusting that
Patrick said that his constitutionally protected would make up for lack of exp
right to free expression covered what he wrote. (D) Inviting the judge hearing
Can the Court cite Patrick for contempt? dinner with no purpose to dis
with him.
Answer:
(A) Yes, because his article obstructs and Question No. 1 (2013). Code 19, 22, 10
degrades the administration of justice.
(B) No, because the right to free expression Atty. Bravo represents Carlos Negar (
occupies a high rank in the hierarchy of agent for Dormir Insurance Co.) in a
cherished rights. insurance claimant Andy Limot wh
(C) No, because courts must simply ignore Dormir Insurance. The insurance po
public opinion and the media when the insured/claimant to give a writt
rendering decisions. the insurance company or its agent w
(D) Yes, because he wrote a lie in his from the occurrence of the loss.
column.
Limot testified during the trial that h
the notice of the loss to the insuranc
Question No. 46 (2011), Canon Law, Rule 1 admitted that he lost the registry re
he did not have any documentary ev
Atty. Ramon borrowed his client's (Menchu) land fact of mailing and of the timeliness o
title. After eight months, Menchu demanded its notice. Dormir Insurance denie
return but he failed to comply and changed his contending that timely notice had no
residence. After Menchu tracked him down, she either to the company or its agent.
confronted him about the title. He then offered to client, agent Negar, testified and confi
just buy the property and gave her five checks for never received any notice.
it but these bounced. Charged with malpractice,
Atty. Ramon answered that his license to practice A few days after Negar testified, he
law cannot be in issue. He merely incurred civil Atty. Bravo that he had lied whe
liability for a failed transaction. Will the receipt of Limot’s notice; he did recei
malpractice action prosper? by mail but immediately shredded
Limot’s claim.
Answer:
(A) No, because his failure to pay his If you were Atty. Bravo, what would y
obligation only makes him civilly liable. of your client’s (Carlos Negar’s) disclo
(B) No, since Menchu did not transact perjured himself when he testified? (8
business with Atty. Ramon as a lawyer.
(C) Yes, because it is professionally SUGGESTED ANSWER:
reprehensible for a lawyer to be unavailable If I were Atty. Bravo I shall promptly ca
to a person in need. Negar, my client, to rectify his perjur
(D) Yes, he having taken advantage of by recanting the same before the court
Menchu who was not fully protected and
had no independent advice. Should he refuse or fail to do so
terminate my relationship with hi
Professional Responsibility, Canon 19
Question No. 50 (2011), Canon law, Rule 17, 18 stating that with his having committe
pursued an illegal conduct in connec
Which of the following demonstrates a lawyer’s case (Ibid., Canon 22, Rule 22.01).
fidelity to known practices and customs of the bar
regarding a case he is handling? Since my client Limot refuses to
advantage thus unjustly gained as a
Answer: perjury, I should promptly inform
Compiled by BSU-Law, 3rd Year students SY 2015-16
Professional Responsibility, Canon 10, Rule 10.01, at every peril to himself, to preserve t
and the Attorney’s Oath). I shall file a manifestation his client” (Rules of Court, Rule 138, S
with the court attaching thereto the notice of paraphrasing and arrangement supplie
termination as Limot’s counsel.
Atty. Roto learned from the company
the bribery and falsification, while Atty
Question No. 2 (2013). Canon 12. the course of his performance of h
corporate secretary. Thus, he co
Atty. Serafin Roto is the Corporate Secretary of a examined in that matter without the c
construction corporation that has secured a multi- client (Ibid., Rule 130, Sec. 24(b)).
million infrastructure project from the
government. In the course of his duties as
corporate secretary, he learned from the company Question No. 4 (2013). Canon 1
president that the corporation had resorted to
bribery to secure the project and had falsified Atty. Doblar represents Eva in a
records to cut implementing costs after the award against Olga. He is also defending
of the project. substantially identical contract suit fil
In behalf of Eva, Atty. Doblar clai
The government filed a civil action to annul the statute of limitations runs from the
infrastructure contract and has subpoenaed Atty. breach of the contract. In the action a
Roto to testify against the company president and Atty. Doblar now argues the reverse p
the corporation regarding the bribery. Atty. Roto that the statute of limitation does n
moved to quash the subpoena, asserting that one year after discovery of the breach
lawyer-client privilege prevents him from
testifying against the president and the Both cases are assigned to Judge Elr
corporation. not the sole issue in the two cases, t
Resolve the motion to quash. (8%) limitations issue is critical in both.
Atty. Roto may be compelled to testify. As an officer The signatures of Atty. Doblar on the
of the court, a “lawyer shall exert every effort and Eva and Maria, constitute a certificate
consider it his duty to assist in the speedy and he has read the pleadings; that to th
efficient administration of justice” (Code of knowledge, information and belief t
Professional Responsibility, Canon 12). ground to support them; and that
Furthermore, “a lawyer owes candor, fairness and were not interposed for delay (Rules o
good faith to the court” (Ibid., Canon 10). 7, Sec. 3, 2nd par.). Atty. Doblar could
has complied with the foregoing
ALTERNATIVE ANSWER because he could not take a stand fo
contrary to that taken for Maria. His t
Motion granted. It is true that being a corporate clearly contradicts his theory for M
secretary does not necessarily constitute a lawyer- violated his professional responsibili
client relation. However, Atty. Roto may be under the Rules of Court.
considered in the practice of law if part of his duties
Compiled by BSU-Law, 3rd Year students SY 2015-16
any of the members of the association to His shingle shows that he has consid
represent the accused. profession as a business. He should ha
(D) It must be concurred in by each member shingle for his copier services business.
of the Bar Association to have any binding
force. When he included in his shingle
(E) It is unethical because the Bar “Specialist in Small Claims” and
Association already prejudged Vito. Notarization,” he has transgressed th
lawyer in making known his legal serv
SUGGESTED ANSWER: only dignified information or statem
(B) It is unethical; it constitutes a collective denial (Code of Professional Responsibility,
of Vito’s right to the assistance of counsel (Code of also the norm that a lawyer shall not
Professional Responsibility, Canon 14, Rule 14.01; the use of any misleading, undignified s
1987 Constitution, Art. III, Sec. 2). or unfair statement or claim re
qualifications or legal services (Ibid., C
Question No. 10 (2013) Canon 3 3.01).
As a new lawyer, Attorney Novato started with a The use of the phrases “Specialist in
practice limited to small claims cases, legal and “Fastest in Notarization” is
counseling, and notarization of documents. He put advertisement because they are likely
up a solo practice law office and was assisted by unjustified expectation about the resu
his wife who served as his secretary/helper. He can achieve or implies that the lawye
used a makeshift hut in a vacant lot near the local results by improper means (ABA Mode
courts and a local transport regulatory agency.
With this strategic location, he enjoyed heavy [NOTES AND COMMENTS: The exa
patronage assisting walk-in clients in the sixteen (16) minutes to answer each es
preparation and filing of pleadings and in the Thus, they have more than ample t
preparation and notarization of contracts and exhaustive answers to the questions.
documents. He had the foresight of investing in a are merely guides. Examinees should
good heavy duty copier machine that reproduces even if they do not include the citation
quality documents, and charges a reasonable fee
for this service. He draws electric power from an
extension wire connected to an adjoining small Question No. 11 – MCQ (2013). Canon
restaurant. He put up a shingle that reads: "Atty.
Novato, Specialist in Small Claims, Fastest in Candido engaged the services of Atty
Notarization; the Best and Cheapest in Copier criminal case. In the course of their c
Services." Candido admitted to Atty. Lebro
committed the crime and in fact acti
Is Attorney Novato’s manner of carrying out his its commission. He stressed, howeve
professional practice – i.e., mixing business with no circumstance would he admit or c
the practice of law, announcing his activities via a murder charge he is facing and, in
shingle and locating his office as above-described – enter a plea of "not guilty" on arraignm
in keeping with appropriate ethical and
professional practice? (8%) If Candido insists on his planned plea,
should __________. (1%)
SUGGESTED ANSWER:
No. Attorney Novato’s manner of carrying out his Answer:
professional practice is not in keeping with the (A) discontinue his repres
appropriate ethical and professional practice. He continue would be unethical si
has disregarded the law profession which may then be aiding the accused
result to loss of respect to lawyers as a whole. deliberate falsehood on the co
(B) allow Candido to choose
The use of a makeshift hut standing alone would action; Atty. Lebron’s duty is
create the impression that the lawyer does no have his legal and statutory rights
Compiled by BSU-Law, 3rd Year students SY 2015-16
(B) Advise Wanda on the purely legal side of (B) No. Diana did not give any
her problem and assure her that abortion is that would constitute legal pr
allowed by law if the pregnancy endangers for the strict observance of t
the life of the mother. interest rules.
(C) Advise that it is a religious problem (C) No. The decision on whet
before it is a medical or legal one, and have an abortion lies solely w
Wanda should consult and follow the advice is her body and health that is in
of her religious confessor. (D) No. Horacio and Wanda
(D) Advise Wanda that abortion, above any advice given to Wanda i
everything else, is a moral problem and she have been given to Horacio as
should only have an abortion if it is an act (E) No. Giving advice to W
she can live with. necessarily acting against Hora
(E) Refrain from giving any kind of advice as Diana was giving advice ba
abortion is a serious matter that cannot be couple’s best interest.
resolved through informal consultations
with friends and fellow church members. SUGGESTED ANSWER:
(A) Yes. The decision of whether
SUGGESTED ANSWER: abortion should be decided by both s
(B) Advise Wanda on the purely legal side of her Diana should not have provided legal
problem and assure her that abortion is allowed by absence of Horacio whose concerns a
law if the pregnancy endangers the life of the are unknown to her (Code of
mother (Code of Professional Responsibility, Responsibility, Canon 15).
Canon 2, Rule 2.01-2.02). Or
(C) No. The decision on whether or no
abortion lies solely with Wanda; it is
Question No. 15-MCQ (2013) Canon 15 health that is in issue (Code of
Responsibility, Canon 5 and
Based on the same facts as Question XIV, assume (Reproductive Health Law).
that Diana, aside from being a family friend of the
couple, has been formally and informally acting as
their lawyer in all their personal and family affairs. Question No. 17-MCQ (2013). Canon 1
She has represented them in court in a case
involving a car accident and in the purchase of Under the same essential facts as t
their family home, for which they formally paid the Question XVI, assume that you have r
attorney’s fees that Diana billed. ABLE Law Office and that you
impleaded as a co-defendant, but dur
In this instance, Wanda asked about her legal with the firm, you assisted in handli
rights but did not formally ask for a written Co. account, which is largely owned by
opinion from Diana. Horacio never had any input
on the query as he was then away on an out-of- The prosecutor handling the case ag
town trip for his office. and the law firm asks you, as a form
member, if you can help stre
Diana advised Wanda that she is fully protected in prosecution’s case and hints that you
law and her best course of action is to have an impleaded as a co-defendant if
abortion while her pregnancy is not yet far cooperate.
advanced.
What is your best legal and ethic
Did Diana violate the prohibition against action? (1%)
representing conflicting interests when she
provided legal advice to Wanda without Horacio’s Answer:
knowledge? (1%) (A) Offer to testify on what y
provide evidence against the d
Answer: exchange for a guarantee of im
Compiled by BSU-Law, 3rd Year students SY 2015-16
(C) Decline to testify against the defendants (E) Let Napo privately know
and to provide evidence in the case as the parties, that you are aware of
attorney-client privilege lasts even beyond of the taped conversation, w
the termination of the relationship. that he can still hope for a ligh
(D) Decline to testify against the defendants he would cooperate.
as whatever information you acquired from
Santino and Cable Co. in the course of the SUGGESTED ANSWER:
lawyer-client relationship is privileged. (A) Disregard the wiretapped convers
(E) Alert the law firm to the prosecution’s inadmissible and will not serve any us
offer so that they can prepare for the in the trial of the case (Code of
evidence within your knowledge that the Responsibility, Canon 12).
prosecution may use.
(A) RULE 14.01 of the Code of Professional Canon No. 9 – “A lawyer shal
Responsibility that a lawyer shall not decline to or indirectly, assist the unauthorized
represent a person solely in the account of his own law”.
opinion regarding the guilt of the said person. It is
Attorney D may be suspend
not the duty of the lawyer to determine whether
conduct. C, being a non-lawyer, may b
the accused is guilty or not, but the judge’s.
for indirect contempt of court.
Besides in a criminal case, the accused is presumed
innocent, and he is entitled to an acquittal unless
his guilt is proven beyond reasonable doubt. The
Question No. 10 (2014) Canon 4
role of the lawyer is to see to it that his
constitutional right to due process is observed. Atty. M is a partner in a law firm OMP
C, a former classmate of Atty. M enga
He may withdraw his appearance but in
services of Atty. M to handle his appea
accordance with the procedure in Section 26, Rule
138 of the Rules of Court. Moreover, Rule 19.02 of of Appeals (CA) from the adverse de
the Code of Professional Responsibility provides Regional Trial Court (RTC) in his ann
that “ a lawyer who has received information that After the Notice to file brief was issue
his client has, that in the course of representation, Atty. M met an accident which incap
perpetuated a fraud upon a person or tribunal, from further engaging in law practice.
shall promptly call upon the client to rectify the his partner in the law firm, file the req
same, and failing which, he shall terminate the
brief for C? Explain your answer. (5%)
relationship which such client in accordance with
the Rules of Court.
SUGGESTED ANSWER:
HE can collect his fees either by filing a look at the employment of a collabor
motion in the annulment of marriage case that he as a loss of confidence in him.
handled, and to order M to pay the same, or he (B) If the client insists on retaining a
can file a separate action for the recovery of his counsel over and above the objec
attorney’s fees. Of the two, the first is preferable original counsel, the latter may w
because the judge in the annulment case will be in services when his inability to work wi
a better position to evaluate the amount and value will not redound to the best interest
of his services. In the meantime, he may avail of (Rule 22.01, Code of Professional Resp
the retaining lien, which is to retain the moneys
and properties of M in his possession until he is
Question No. 24 (2014) Code of
paid for his services, or a charging lien, which is to
Responsibility
charge any money judgment in the case for the
(A) May an attorney talk to his witn
payment of his fees.Will a lawyer violate the Code
and during the
of Professional Responsibility if he forms a
partnership with professionals of other disciplines trial? Explain.
like doctors, engineers, architects or accountants? (B) In case of postponement of the
Explain your answer. decision should
prevail – the client or his attorney?
SUGGESTED ANSWER: Explain the governing rule. (4%)
SUGGESTED ANSWER:
Rebecca’s complaint was raffled to the sala of who happened to be child of Judg
Judge A. Rebecca is a daughter of Judge A.’s wife daughter, Pilita. Judge Florante insi
by a previous marriage. This is known to the committed no wrong since the pro
defendant who does not, however, file a motion to non-adversarial and since it merel
inhibit the Judge. correct an erroneous entry in the
certificate. Is Judge Florante liable?
Is the Judge justified in not inhibiting himself from
the case? (3%) Answer:
(A) Yes, because Florante b
SUGGESTED ANSWER: rule on mandatory disqualifica
No. The Judge is not justified in not inhibiting (B) No, because Judge Flor
himself since Rebecca is his step daughter and is pecuniary interest in the proce
related to him by one degree of affinity. (C) No, because it is true th
was non-adversarial so it preju
The Code of Judicial Conduct expressly provides (D) Yes, since the correction
that a judge should take no part in a proceeding record affects the details of
where the judge’s impartiality might reasonably be child.
questioned. These cases include among others,
proceedings where: the judge is related by
consanguinity or affinity to a party litigant within Question No. 13 (2011) Code of Judicia
the sixth degree or to counsel within the fourth
degree. On appeal, RTC Judge Rudy affirme
conviction of Lorna for violation of
checks law and awarded Agnes, the
Question No. 16 (2010). Rule 5.10. Php1.6 million in damages. Two year
Lorna’s motion and after ascertain
Judge L is assigned in Turtle Province. His brother counsel never received the court's de
ran for Governor in Rabbit Province. During the Rudy recalled the entry of judgment
election period this year, Judge L took a leave of reversed himself, and absolved Lo
absence to help his brother conceptualize the Claiming an unjust judgment, Agn
campaign strategy. He even contributed a modest administrative complained against
amount to the campaign kitty and hosted lunches saying that it is plain from the circum
and dinners. he connived with Lorna, her coun
handling prosecutor. But she offere
Did Judge L incur administrative and/or criminal evidence. Rudy denied the charges
liability? Explain. (3%) that any error in his judgment is corre
an appeal, not by an administrative
SUGGESTED ANSWER: Judge Rudy be disciplined?
YES. Judge L can be said to be administratively liable
but not criminally liable. Answer:
(A) No, because Agnes' compla
Rule 5.10 of the Code of Judicial Conduct provides based on suspicions and specu
that a Judge is entitled to entertain personal views (B) No, because Agnes has ye
on political questions, but to avoid suspicion of that Rudy's decision is plainly e
political partisanship a judge shall not make political (C) Yes, because he gravely
speeches, contribute to party funds, publicly discretion in recalling the
endorse candidates for political office or participate judgment.
in other partisan political activities. (D) Yes, because recons
judgment of conviction that th
The rule above does not make kinship an exemption earlier issued shows anoma
from compliance with the prohibition. Rudy's action.
Compiled by BSU-Law, 3rd Year students SY 2015-16
corporation devoted to penal reform, where she (C) Yes, because she showed
participates in both fund raising and fund publicity and recognition that
management. Which of the following statements judicial post.
applies to her case? (D) No, because she is free to
business cards details that say
Answer:
(A) She should not engage in fund raising
activities. Question No. 31 (2011), Code of Judici
(B) Her activities are acceptable except the
part where she is involved in fund Serving as counsel de oficio, Att
management. advised John of the consequences o
(C) She can teach law and deliver lectures not guilty to the charge. Before trial c
on law but not do the other things. however, the presiding judge died. As
(D) All of her activities are legal. Atty. Mamerto was appointed judge
case was assigned to him by raffle.
moved for the judge’s disqualificati
2011, Question (19) Code of Judicial Conduct, Mamerto under obligation to inhibit
the case?
One of the foundation principles of the Bangalore
Draft of the Code of Judicial Conduct is the Answer:
importance in a modern democratic society of (A) No, because his service to
momentary.
Answer: (B) Yes, because his knowled
(A) a judicial system that caters to the case affects his judgment.
needs of the poor and the weak. (C) No, because he was merely
(B) public confidence in its judicial system oficio.
and in the moral authority and integrity of (D) Yes, because he serve
its judiciary. counsel.
(C) the existence of independent and
impartial tribunals that have the support of
its government. Question No. 36 (2011), Code of Judici
(D) judges who are learned in law and
jurisprudence. What unhealthy attitude of mind sh
avoid falling into?
SUGGESTED ANSWER:
NOTARIAL LAW
Question No. 9 (2009) A.M. No. 02-
Question No. 7. (2007) Rules on Notarial Practice IV—Powers & Limitations of Not
(10%) Section 3
a. What evidence of identity does the 2004 A notary public is disqualified from
Rules on Notarial Practice require before a notarial act when the party to the d
notary public can officially affix his notarial relative by affinity within the 4th civil
seal on and sign a document presented by or False)
an individual whom the notary public does
not personally know? (5%) Answer:
True. Under Sec. 3 Rule IV of the 2
Suggested Answer: Notarial Practice notary public is disq
Section 12, Rule II of the 2004 Rules on Notarial preforming a notarial act if he is a spou
Practice defined competent evidence of identity as law partner, ancestor, descendant, o
referring to any of the following identification of an affinity or consanguinity of the pri
individual: fourth civil degree.
1. at least one current identification document
issued by an official agency bearing the
photograph and signature of the individual; Question No. 14 (2009). Section 2, R
or 2004 Rules on Notarial Practice
2. the oath or affirmation of one credible
witness not privy to the instrument, Atty. Sabungero obtained a notarial
document or transaction who is personally On Sunday, while he was at the cock
known to the notary public and who approached him with an affidavit th
personally knows the individual, or of two notarize. Atty. Sabungero immediate
credible witnesses neither of whom is privy from his pocket his small notaria
to the instrument, document or transaction notarized the document. Was the aff
who each personally knows the individual notarized? Explain.
and shows to the notary public
documentary identification. Answer:
NO. The affidavit was not validly
accordance with the Rules on Notarial
b. When can Judges of the Municipal Trial rules provide that a notary public shal
Courts (MTC) and Municipal Circuit Trial a notarial act outside his regular plac
Courts (MCTC) perform the function of business. A cockpit is clearly not a no
notaries public ex officio, even if the regular place of business.
notarization of the documents are not in
connection with the exercise of their Atty. Sabungero’s notarization of the a
official function and duties? (5%) valid. Furthermore, the facts in the cas
one of the exceptional occasions
Suggested Answer: where a notarial act may be performe
MTC and MCTC judges assigned to municipalities or notary public’s office and territorial jur
circuits with no lawyers or notaries public may, in
the capacity as notaries public ex-officio, perform
any act within the competency of a regular notary Question No. 2 (2011)
public, provided that: (1) all notarial fees charged
be made for the account of the Government and The acknowledgment appearing in a
turned over to the municipal treasurer (Tabao v. reads: "Before me personally appe
Asis, A.M. No. RTJ-95-1330, January 30, 1996; August 2010 Milagros A. Ramirez, wh
Lapena, Jr. v. Marcos, A.M. No. 1969-MJ, June 29, identity to me through witnesses: 1
1982); and (2) certification be made in the notarized Balana, Passport UU123456; 1-5-2010
documents attesting to the lack of any lawyer or and 2. Elvira N. Buela, Passport VV2
Compiled by BSU-Law, 3rd Year students SY 2015-16
When will Atty. Antonio's notarial commission Question No. 1-MCQ (2013). A.M. No
expire if he applied for and was given such Rule 2 Sec. 12
commission on 12 November 2010?
Under the 2004 Rules of Notarial P
Answer: may be used to satisfy the req
(A) 31 December 2012 “competent evidence of identity”? (1%
(B) 31 December 2011
Compiled by BSU-Law, 3rd Year students SY 2015-16
SUGGESTED ANSWER:
(C) Voter’s ID, NBI clearance, Driver’s license
(Notarial Act, Sec. 12).
Compiled by BSU-Law, 3rd Year students SY 2015-16
a. No, eight (8) years experience is When does compliance period begin?
not enough.
b. Yes, since he has mastered what a. When the lawyer actu
he is handling. law practice;
c. Yes, professors of law are b. Upon admission/read
exempted. the Bar;
d. No, since he is not yet a Bar c. 01 October 2009;
reviewer. d. 01 October 2006.
Question No. 2 (2012) MCLE Rule 7 Does the MCLE requirement apply at o
newly-admitted lawyer?
Atty. Rey has been a professor in the Legal
Management Department of Y University for a. Yes, if admitted to the
thirty (30) years. He teaches Constitution, there are four (4) mor
Obligation and Contracts, Insurance, Introduction remaining of the com
to Law. Is he exempted from the MCLE period.
requirement? b. No, wait for the next c
period.
a. Yes, because his teaching c. Yes, if he will start law
experience is already more than immediately.
ten (10) years. d. Yes, if more than one
b. No, because he is not teaching in remains of the compli
the College of Law.
c. Yes, because of his field of What is the purpose of MCLE?
knowledge and experience.
d. No, because Y University is not a. To conform with the r
accredited. of international law.
b. To provide a venue to
Question No. 3 (2012) MCLE Rule 7 fraternal relations am
c. To keep abreast with
The term of Dean Rex of X College of Law expired jurisprudence and to m
in the first year of the third compliance period. ethical standards of th
Does his exemption extend to the full extent of profession.
said compliance period? d. To supplement legal k
due to substandard la
a. No, he must comply with all the
unit requirements. Atty. Aga was appointed as Treasurer
b. Yes, to the full extent. President with the approval of the Boa
c. No, but comply proportionately. Governors for a term coterminous wit
d. Yes, but he must apply for President. A year thereafter, Atty. Aga
exemption. Barangay Chairman of their place, and
of absence for two (2) weeks to camp
Question No. 4 (2012) MCLE Rule 7 Atty. Aga re-assume as Treasurer afte
absence?
What is the duration of MCLE Compliance Period?
a. Yes, since he lost in th
a. Twelve (12) months; b. No, because he was d
b. Twenty four (24) months; resigned upon filing o
c. Thirty six (36) months; certificate of candidac
d. Eighteen (18) months. c. Yes, because his posit
Treasurer is cotermin
Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Magtanggol of the PAO was assigned to when his case was called for hearing
defend X who is accused of Slight Physical Injury not appear for his client although he
before the MTC of a far-flung town. During the outside the door of the court room.
trial, P02 Tulco appeared in court on behalf of the directed the client to summon Atty.
complainant. Atty. Magtanggol objected to his latter refused. Judge Bell then issued
appearance since the policeman is not a member directing Atty. X to explain why no d
of the Bar. action shall be imposed on him for th
misconduct but he refused the direc
a. The objection is valid. It should be
a. RTC Judge Bell can suspe
the public prosecutor who should
from the practice of law
prosecute the criminal action.
sala.
b. Atty. Magtanggol is just afraid that
b. The case of Atty. X can be
his client may be convicted due to non-appearance o
through the efforts of a non- even though the party w
lawyer. c. The hearing of the case s
c. In the courts of a municipality, a rescheduled in the intere
party may conduct his litigation in d. The court can admonish
person or with the aid of an agent the unprofessional condu
or friend. lawyer and ask him to ch
d. If a public prosecutor is not lawyer.
available, at least a private
prosecutor who must be a lawyer Question No. 30 (2014) MCLE
should be designated. (A) Can a lawyer who lacks the num
required by the Mandatory Cont
Education (MCLE) Board continue to
profession?
Bong Tupak, a second year law student, was charged (B) May a lawyer be held liable for da
in the RTC for Forcible Abduction with Rape. Having client for the lawyer’s failure to file t
knowledge of criminal law and procedure, he pleadings to prosecute the client’s c
dismissed the counsel de oficio assigned and result of which the client suffered dam
appeared for himself. He asserted that there was lack (C) Can a lawyer still practice his profe
of force. Eventually, the RTC found him guilty of having arrears in his Integrated
Consented Abduction and imposed the penalty. Bong Philippines (IBP) dues?
Tupak now assails the decision, saying that there was
a violation of due process because he was allowed to
appear by himself and he did not know that
SUGGESTED ANSWER:
Consented Abduction is a crime. Decide.
(A) He can, but they will be unable to com
a. An accused before the RTC may opt
Matter No. 1922 which requires
to defend himself in person and he
cannot fault others for his decision. pleading filed in court or a quasi-judic
b. The RTC should have appointed a contain an annotation of the number
counsel de oficio to assist the their MCLE compliance, otherwise, th
accused even if not sought or will be expunged and their cases dis
requested by the accused.
will also be listed as delinquent mem
c. There was violation of due process.
There is disparity between the Integrated Bar of the Philippines,
expertise of a public prosecutor and Board of Governors can recom
the inexperience of a 2nd year law suspension or disbarment to the Sup
student. Until then, they can continue to pra
d. A 2nd year law student has sufficient
cannot file pleadings in court or
knowledge of criminal law and
procedure, hence, he is competent bodies.
to defend himself. (B) Yes, he may be held liable, Rule 18.03
Compiled by BSU-Law, 3rd Year students SY 2015-16
diligence, and injury sustained by the client as the and never seek to mislead the
proximate result thereof, are the prerequisites to judicial officer by an artif
the maintenance of an action for damages against statement of fact or law;
5. To maintain inviolate the confi
a lawyer.
every peril to himself, to
(C) Sec. 10, Rule 139-A of the Rules of Court provides secret of his client, and to
that “default in the payment of annual dues for six compensation in connectio
months shall warrant suspension of members in client’s business except from
the Integrated Bar, and default in such payment knowledge and approval;
for one year shall be a ground for the removal of 6. To abstain from all offensive
the name of delinquent member from the Roll of and to advance no fact preju
honor or reputation of a part
Attorneys.”
unless required by the justice
Hence, a lawyer who is in arrears in the payment with which he is charged;
of his IBP dues may still practice his profession 7. Not to encourage e
until he is suspended and/or disbarred. commencement or the contin
action or proceeding, or dela
cause from any corrupt motive
8. Never to reject, for any
personal to himself, the c
defenseless or oppressed;
9. In the defense of a person accu
by all fair and honorable mean
RULES OF COURT of his personal opinion as to th
accused, to present every def
Question No. 1 (2007), Lawyers Oath (10%) law permits, to the end that n
be deprived of life or liberty
What are the duties of an attorney? process of law.
Question No. 8. (2008). Code of Professional Question No. 10.(2009). Rule 115 of
Responsibility, Rule 138, sec37 Court; Rule 138, Sec 34
State, with a brief explanation, whether the lawyer May a party appear on his own
concerned may be sanctioned for the conduct criminal or in a civil case? Explain.
Compiled by BSU-Law, 3rd Year students SY 2015-16
he can property his right without the assistance of grounds for suspension or disbarmen
counsel. 27, Rule 138 of the Rules of Court.
On the other hand, with respect to civil cases, Rule
138, Sec 34 states that “in the court of Justice of the Obiter.
peace a party may conduct his litigation in person, Canon 18- A lawyer shall serve his
with the aid of an agent or friend appointed by him competence and diligence. Rules 18.
for the purpose, or with the aid an attorney. In any shall not undertake a legal service wh
other, a party may conduct his litigation personally or should know that he is not qualifi
or by aid of an attorney and his appearance must be However, he may render such service
either personal or by a duly authorized member of consent of his client, he can obtain as
the bar. counsel a lawyer who is competent on
Question No. 20 (2009). Section 27, Rule 138 Question No. 11 (2010) Rule 138, Rule
Atty. Simeon persuaded Armando, Benigno and After passing the Philippine Bar in
Ciriaco to invest in a business venture that later Richards practiced law until 199
went bankrupt Armando, Benigno and Ciriaco migrated to Australia where he
charged Atty. Simeon with estafa. Simultaneously, became an Australian citizen in 2000
they filed an administrative complaint against the abreast of legal developments, petiti
lawyer with the Supreme Court. about the Citizenship Retention and R
Act of 2003 (Republic Act No. 9225),
a. If Simeon is convicted of Estafa, will he be which he reacquired his Philippine c
disbarred? Explain. (3%) 2006. He took his oath of allegiance
citizen at the Philippine embassy
Australia. Jaded by the laid back
Answer: outback, he returned to the Ph
YES, if Atty Simeon is convicted of estafa, he will be December 2008. After the holidays, h
disbarred because estafa is a crime involving moral his own law office and resumed his pr
turpitude. Under the law, conviction of a crime
involving moral turpitude is a ground for Months later, a concerned woma
disbarment. secured copies of Atty. Richards’ n
papers with consular authentication,
b. If Simeon is acquitted of the estafa charge, will Supreme Court an anonymous comp
the disbarment complaint be dismissed? him for illegal practice of law.
Explain.
a. May the Supreme Court act
Answer: complaint filed by an anonymous
It depends, if the acquittal is based on the ground or why not? (3%)
that no crime was committed, than the
administrative case may be dismissed. But if the SUGGESTED ANSWER:
acquittal is based merely on reasonable doubt, than No. An unverified complaint cannot
the disbarment case may still continue. The purpose course since the rule requires that t
of the disbarment case is to determine whether a must be sworn to by the complainant
lawyer still deserves to remain a member of the bar. v. Baes)
Guidelines in the efficient rendition of judgment or Question No. 6 (2013). Rules of Cou
judicial opinion include: if the personal views of the Sec. 1 payment of fees
judge contradict the applicable doctrine romulgated Plaintiff Jun Ahorro filed a complaint
by the SC, nonetheless, the judge should decide the of sum of money before the Regional
case in accordance with the doctrine (Albert v CFI) Manila. Because of the large amount
and not in accordance with his personal views (SC he had to pay a sizeable docket fee. H
Circular No. 13, 1987). This is to maintain the paying the docket fee and oth
stability of precedents. However, he is not installments because staggered
prohibited from expressing his views if only to invite allowed under Rule 141, as amended.
constructive attention on the matter. the Clerk of Court (OCC) refused to
complaint unless he paid the full am
docket and other required fees.
Question No. 13 (2010). Rule 138, 140. Plaintiff Jun Ahorro’s position _______
Reacting to newspaper articles and verbal
complaints on alleged rampant sale of Temporary Answer:
Restraining Orders by Judge X, the Supreme Court (A) is allowed because of the
ordered the conduct of a discreet investigation by of the docket fee
the Office of the Court Administrator. (B) is justified because it is dis
the part of the OCC to acce
Judges in the place where Judge X is assigned payment
confirmed the complaints. (C) is incorrect because the am
staggered payment has been s
a. What administrative charge/s may be leveled (D) is not allowed because the
against Judge X? Explain. (3%) of docket fee is jurisdictional
(E) cannot be allowed bec
SUGGESTED ANSWER: prejudicial impact on the
Judge X could be charged with Serious Charges financial operations
punishable under Rule 140 of the Rules of Court,
which specifically include: bribery and dishonesty SUGGESTED ANSWER:
and violations of the Anti-Graft and Corrupt (D) is not allowed because the full
Practices Law(R.A 3019) when he made the issuance docket fee is jurisdictional (Rules of
Compiled by BSU-Law, 3rd Year students SY 2015-16
Simplicio Medroso’s vehicle. Instead of stopping, Question No. 6 (2014) Rule 138 of
Jactar accelerated and sped away. Medroso Court
pursued Jactar and caught up with him at an
intersection. Atty. D was required by Jud
In their confrontation, Jactar dared Medroso to Regional Trial Court (RTC) of Manila to
sue, bragged about his connections with the why he should not be punished of
courts, and even uttered veiled threats against
court for shouting invectives at t
Medroso. During the police investigation that
followed, Medroso learned that Jactar was counsel and harassing his witness. A
reviewing for the Bar examinations. there was sufficient cause or ground,
suspend Atty. D from the practice of la
Under these facts, list and justify the potential finds that the actuations of Atty. D
objections that can be made against Jactar’s unethical and unbecoming of a memb
admission to the practice of law. (8%) may judge H disbar Atty. D instead?
answer. (5%)
SUGGESTED ANSWER:
The potential objection that can be made against
SUGGESTED ANSWER:
Jactar’s admission to the practice of law is the
absence of good moral character (Rules of Court, Under Section 28, Rule 138 of
Rule 138, Sec. 2).
Court, a Regional Trial Court may susp
from the practice of law for any o
Jactar’s bragging about his connection with the
provided in Section 27, until further
courts and uttering veiled threats against Medroso
are indications of his lack of good moral character. Supreme Court, but it may not disbar
His acts are contrary to justice, honesty, modesty or of the Supreme Court can disbar a law
good morals (In re Basa, 4 Phil. 276). He has acted to its constitutional power to admit p
in a manner that has violated the private and social practice of law.
duties which a man owes to his fellowmen, or to
society in general, contrary to the accepted and
customary rule of tight and duty between man and Question No. 20 (2014) Rules Of Court
man (Tak Ng v. Republic, G.R. No. L-13017,
December 23, 1959). B hired Atty. Z to file a replevin case ag
agreed acceptance fee of P30,000.0
[NOTES: Any answer which explains the nature of
evidenced by a written contract
absence of good moral character should be given
full credit. complaint was filed by Atty. Z, B te
services and hired a new lawyer f
The following additional objection should not result amount of attorney’s fees. How mu
to a deduction nor should an absence of the fees is Atty. Z entitled to?
additional objection also result to a deduction].
SUGGESTED ANSWER:
B. If light threats would be filed against him, then
another potential objection would be the pendency Atty. Z is entitled to the entire am
of charges against him, involving moral turpitude attorney’s fees agreed upon because
(Rules of Court, Rule 138, Sec. 2). were terminated by the client witho
(Sec. 26, Rule 138, Rules of Court)
The question states, “Under these facts, list and
justify the potential objections that can be made
against Jactar’s admission to the practice of law.”
MISCELLANEOUS
The question requires that an assumption be made
that Jactar has passed the Bar Examination and is Question No. 4. (2007).
about to take his oath as an attorney. It is suggested
Compiled by BSU-Law, 3rd Year students SY 2015-16
Answer: Answer:
NO. The contention of Justice Juris is untenable. (A) No, because she has to r
Case law has it had it that while actions of a case sister who was a minor.
pending in the CA are actions of that court as a (B) No, because the Court
collegial body, the 2002 Internal Rules of the Court dismiss the case without pr
of Appeals provides that it is the ponente who genuine conciliation.
initiates the actions on said motions, papers and (C) Yes, because what Sar
pleadings. Hence, there can be no action on a deceitful and amounts to fraud
motion, paper or any other incident except upon (D) Yes, because as a law
prior instruction of the ponente. He has the primary absolutely forbidden to appea
responsibility of ensuring that the pending incidents conciliations.
in a case assigned to him are properly and promptly
acted on. (Orocio v. Roxas, A.M. nos. 07-115-CA-J
and CA-08-46-J, 19 August 2008). 2011, Question (12), RA 910, Sec1
Answer: Answer:
(A) Yes, because he could as a paralegal (A) File direct contempt ac
provide competent legal help to litigants. Vicente for deceiving the court
(B) Yes, for so long as he did not sign the (B) Criminally prosecute Vicen
complaint or appeared as Beth's lawyer. for making money upon false p
(C) No, unless Beth was ill-advised in filing (C) Criminally prosecute Vicent
her complaint in court. Alfredo's identity and law prac
(D) No, because receipt of compensation is (D) Institute a disbarment
not the sole determinant of legal practice. Vicente for misrepresenting
lawyer.
(B) No, since John can very well represent program are shown outside his regu
Luisa, she being in the same situation as his schedule. Because of the popularit
own clients. program, the number of his law pr
(C) No, because the representation of increased tremendously.
another in courts can be entrusted only to The TV program of Atty. An
lawyers. __________. (1%)
(D) Yes, since that appeal is a mere
continuation of the labor dispute that Answer:
began at the NLRC. (A) permissible because it is p
in nature
(B) objectionable because the
Question No. 18-MCQ (2013). Permissible acts indirect advertising or so
business
You are a lawyer working in the Public Assistance (C) improper because it gives
Office. Yolly, a key witness in the case (reckless advantage over other lawyers
imprudence resulting in homicide) you are handling, (D) ethically allowable becaus
is indigent and illiterate. While Yolly is willing to violate the traditional standard
testify in court, you worry that the judge might not profession
be able to appreciate the impact of her testimony, (E) None of the above.
as she has a difficult time answering English
questions. You also worry that this might affect her SUGGESTED ANSWER:
credibility. Further, Yolly has indicated that she (E) None of the above.
might not have the money to pay the fare to attend
the trial. You are presenting her as a witness for the
defense at the hearing next week. Question No. 9-MCQ (2013).
Which of the following is NOT a permissible act for Graft Investigator Atty. Retirada serv
you to do? (1%) of the Deputy Ombudsman for eight
retiring from the service. While
Answer: Investigator, she investigated a
(A) Provide Yolly with money for fare to contract for office supplies where M
ensure her attendance in court. the supplier. The transaction was
(B) Interview Yolly before trial, so that she overpriced. Atty. Retirada recommen
will be more at ease when she testifies charges be filed against the officials
before the court. the recommendation benefited Mr.
(C) Prepare a judicial affidavit of Yolly’s supplier involved in the transaction.
testimony, which she will then verify before
the court. After her retirement from the s
(D) Provide her with sample questions that Retirada’s services as counsel were
you might ask in the hearing tomorrow. Mr. Sakim as counsel to represen
(E) All the above are permissible. family in a claim against the State a
family property that had been exprop
SUGGESTED ANSWER: Retirada now consults you about
All the above are permissible. All are permissible; permissibility of accepting the engage
therefore, (E) should be equivalent to none of the What advice would you give Atty. Reti
above.
Answer:
(A) Having been in governmen
cannot now represent a party
against the State.
(B) Having once handled a c
Question No. 7-MCQ (2013). her prospective client, a confl
would exist if she were to
Compiled by BSU-Law, 3rd Year students SY 2015-16
case is neither criminal nor administrative Was the IBP’s action correct? (1%)
in character.
(E) Acceptance of the engagement should Answer:
be on condition that Atty. Retirada would (A) No, because default in the
withdraw if a conflict of interest situation annual dues only warrants s
arises. Integrated Bar members.
(B) Yes, because non-payme
SUGGESTED ANSWER: dues is an indicator of the la
(D) There is no ethical objection to her acceptance fitness; refusal to pay is refusa
of the engagement because the case is neither obligation to the IBP.
criminal nor administrative in character. (C) No, because failure to p
member’s capability to practis
There is no conflict of interest since the case membership in the Bar.
involved is an expropriation case (R.A. 910, Sec. 1). (D) Yes, because payment of
dues and other lawful asse
Question No. 10-MCQ (2013). conditions sine qua non to th
practising law and to the ret
Your client is the plaintiff in a civil case for name in the Roll of Attorneys.
damages arising from a car accident where he (E) None of the above choices i
sustained serious physical injuries and damages
amounting to P1Million. The counsel for the SUGGESTED ANSWER:
defendant asks you to give him a proposed (E) None of the above choices is correc
amount for purposes of settlement and you are The striking out of names in the Roll
aware that whatever amount you tell him would can be ordered only by the Supreme
not readily be accepted and would probably be cut due process must be observed.
into half.
The Constitution vests upon the Su
What is your best legal and ethical course of the power to integrate the Philippin
action? (1%) and Judicial Ethics (2009 Ed.), Agp
Constitution, Art. X, Sec. 5).
Answer:
(A) Inflate your proposal to make
allowances for a compromise. Question No. 4 (MCQ). Irregularity in
(B) Tell the defendant’s counsel the correct of the notarial fees
amount of damages.
(C) Offer him a reasonably low amount so Ms. Seller and Mr. Buyer pres
that the case can immediately be settled. commissioned notary public a deed
(D) Ask the defendant’s counsel to first notarization. The notary public expla
submit his negotiating figure. the transaction the deed embodie
(E) Play hard-to-get and initially refuse all them if they were freely entering the
the defendant’s initiatives to settle. After the document was signed by al
the notary public collected the notari
SUGGESTED ANSWER: not issue any BIR-registered receipt.
(D) Ask the defendant’s counsel to first submit his
negotiating figure. It is the defendant that must The notarization of the deed is ______
submit first the negotiating figure.
Answer:
(A) neither unlawful nor impr
Question No. 3-MCQ (2013). Striking out of he explained the basis for the
names in the Roll of Attorneys of the notarial fee
(B) unlawful because he did no
Atty. Avaro has consistently failed to pay his registered receipt and did no
annual IBP dues for several years. Demand letters office the complete schedule
Compiled by BSU-Law, 3rd Year students SY 2015-16
(E) proper because any irregularity in the Both Judge Patron and Judge Apestado
payment of the notarial fees does not affect liable for having the dinner meetin
the validity of the notarization made. Hermano. Judges shall ensure that no
conduct above reproach, but that it is
SUGGESTED ANSWER: be so in the view of a reasonable ob
(E) proper because any irregularity in the payment Code of Conduct for the Philippine Jud
of the notarial fees does not affect the validity of 2, Sec. 1). Judges shall avoid improp
the notarization made. (Ocampo v. Land Bank of appearance of impropriety in all of t
the Philippines, G.R. No. 164968, July 3, 2009) (Ibid., Canon 4, Sec. 1). Their having
Atty. Hermano, a practicing lawye
construed as appearance of impropriet
Question No. 9 (2013). Ethical/administrative
violation Judge Patron for having allowed himse
a “bridge” by Atty. Hermano, his frate
Atty. Hermano requested his fraternity brother, to meet with Judge Apestado exhi
Judge Patron, to introduce him to Judge Apestado, misconduct in the following manner:
before whom he has a case that had been pending refrain from influencing in any manner
for sometime. of litigation or dispute pending be
court (Ibid., Canon 1, Sec. 3). Fur
Judge Patron, a close friend of Judge Apestado, allowing Atty. Hermano to take adva
acceded to the request, telling the latter that Atty. fraternity bond, Judge Patron allowed t
Hermano is his fraternity "brod" and that Atty. prestige of judicial office to advance
Hermano simply wanted to ask for advice on how interests of others, conveyed or p
to expedite the resolution of his case. They met, as fraternity “brod” to convey the impre
arranged, in the fine dining restaurant of a five- is in a special position to influence the
star hotel. Atty. Hermano hosted the dinner. Canon 1, Sec 2, 2nd sentence).
Did Atty. Hermano, Judge Patron and Judge The specific violations of Judge Ap
Apestado commit any ethical/administrative committed when he allowed him
violation for which they can be held liable? (8%) convinced by Judge Patron to have
meeting with Atty. Hermano to disc
SUGGESTED ANSWER: case may be expedited. In perfor
Yes, the three (3) of them committed duties, judges shall be independent
ethical/administrative violations for which they can colleagues in respect of decisions whic
be held liable. obliged to make independently (Ibid.,
3). Finally, in having a dinner meetin
For hosting the dinner, Atty. Hermano acted in Hermano who has a pending case w
contravention of ethical standards. A lawyer should Judge Apestado has exhibited an ap
refrain from any impropriety which tends to impropriety in his activities (Ibid., Cano
influence or give the appearance of influencing the
court (Code of Professional Responsibility, Canon
13). A lawyer shall not extend extraordinary Question No. 5 (2013).RA 9225
attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges (Ibid. Canon 13, Atty. Repatriar, a law school
Rule 13.01). Marked attention and unusual approached you on your 25th Class R
hospitality on the part of a lawyer to a judge, questions on how he can resume th
uncalled for by the personal relations on the law in the Philippines. He left the cou
parties, subject both the judge and the lawyer to after two (2) years of initial law p
misconstruction of motive and should be avoided migrated to the United States wh
(Canons of Professional Ethics, Canon 3, 2nd par., 1st admitted to the practice of law in the
sentence). Even if the purpose of the meeting was York. He asks that you give him a
merely to “ask advice on how to expedite the opinion on his query.
resolution of his case,” Atty. Hermano still acted
Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 5 (2006) Exorbitant Appearance Fees Can Atty. Dizon, in castigating Atty. Pad
Myrna, petitioner in a case for custody of children liable for unethical conduct against the
against her husband, sought advice from Atty. Appeals? 5%
Mendoza whom she met at a party. She informed
Atty. Mendoza that her lawyer, Atty. Khan, has Suggested Answer:
been charging her exorbitant appearance fees when
all he does is move for postponements which have
unduly delayed the proceedings; and that recently, VI.
she learned that Atty. Khan approached her
husband asking for a huge amount in exchange for Yes. The Code of Professional Respons
the withdrawal of her Motion for Issuance of Hold provides that a lawyer shall not, in his
Departure Order so that he and his children can dealings, use language which is abusiv
leave for abroad. or otherwise improper. Atty. Dizon’s a
are personal in nature and have no pla
1. Is it ethical for Atty. Mendoza to advise Myrna to petition for certiorari.
terminate the services of Atty. Khan and hire him
instead for a reasonable attorney’s fees? 5%
Question No. 7 (2006). Does Not Believe in t
2. What should Atty. Mendoza do about the
the Client
information relayed to him by Myrna that Atty.
Provincial Prosecutor Bonifacio refused
Khan approached her husband with an indecent
the Municipality of San Vicente in a cas
proposal? 5%
collection of taxes. He explained that h
handle the case with sincerity and indu
he does not believe in the position take
Suggested Answer: municipality.
VIII. X.
No. The State has an interest in cases for Simon’s revelation to Atty. Holgado is
declaration of nullity of marriages. The prosecutor by the attorney-client privilege becau
representing the State in these cases has a duty to made in the course of professional em
protect this interest. This duty is as important as his
other duties. Besides, if Prosecutor Coronel cannot
attend the proceedings, he should have informed
this to his superiors so that appropriate action will Question No. 11 (2006) Contingent Fee
be made. The contract of attorney’s fees entered
Quintos and his client, Susan, stipulate
judgment is rendered in her favor, he g
Question No. 9 (2006). Acquiescence
the property recovered as contingent f
Atty. Marie consulted Atty. Hernandez whether she
he will assume payment of all expenses
can successfully prosecute her case for declaration
litigation.
of nullity of marriage she intends to file against her
husband. Atty. Hernandez advised her in writing
1. Is the agreement valid? 2.5%
that the case will not prosper for the reasons stated
therein. Atty. Marie, however, decided to file the
2. May Atty. Quintos and Susan increas
case and engaged the services of another lawyer,
amount of the contingent fee to 80%?
Atty. Pe. Her husband, Noel, having learned about
the opinion of Atty. Hernandez, hired him as his Suggested Answer:
lawyer.
Compiled by BSU-Law, 3rd Year students SY 2015-16
contract is one where the lawyer stipulates with his policy and the ethics of the legal pro
client that in the prosecution of the case, he will remedy of A is to file an action
bear all the expenses for the recovery of things or agreement null and void, or simply to
property being claimed by the client and the latter
attorney’s fees to Atty. B on the bas
agrees to pay the former a portion of the
thing/property recovered as compensation. This agreement. On the other hand, Atty.
kind of contract is prohibited being contrary to entitled to collect attorney’s fees on
public policy. meruit basis. He may bring an actio
such fees.
2.
Question No. 13 (2014) Attorney’s Fee
The amount of the contingent fee cannot be
increased to 80% because such amount is not M engaged the services of Atty. D to
reasonable. A lawyer shall charge only fair and annulment of marriage case in the R
reasonable fees. Court (RTC). After a long-drawn trial,
able to secure a favorable judgment fr
Question No. 1 (2014)
Unfortunately, M failed to pay in full t
Judge A is a close friend of Governor G. On several attorney’s fees of Atty. D. How can A
occasions Judge A would borrow the vehicles from his fees from M? Discuss fully.
the Office of the Governor to travel to his judicial
SUGGESTED ANSWER:
station. Judge’s A actuation: (1%)
HE can collect his fees eithe
(A) Violates the canon on propriety
motion in the annulment of marriage
(B) Creates an appearance of an improper
handled, and to order M to pay the
connection with the executive branch
can file a separate action for the re
(C) Is downright unethical
attorney’s fees. Of the two, the first
ANSWER : because the judge in the annulment c
a better position to evaluate the amou
(A) Violates the canon on Propriety of his services. In the meantime, he
the retaining lien, which is to retain
and properties of M in his possessio
Question No. 12 (2014) Attorney’s Fees paid for his services, or a charging lien
charge any money judgment in the
A inherited a parcel of land situated in Batasan Hills payment of his fees.
which is occupied by informal settlers. He wants to
eject the occupants, but he has no financial means
to pursue the ejectment case. He contracted the
Question No. 25 (2014)
services of Atty. B, who agreed to defray all the Judge A has an illicit relationship with
expenses of the suit on the condition that he will be Clerk of Court.C, the wife of Judge A, d
paid one-half (1/2) of the property to be recovered illicit affair and consulted a lawyer to
as his compensation. What is this kind of attorney’s violated marital rights. If you were
fees? Can Atty. B enforce this contract against A? what wouldyou advice C, and if she ag
What are the respective remedies relative to the you to proceed to take action, wha
collection of attorney’s fees, if any, of A and Atty. B procedure that you should follow?
against each other? (4%)
SUGGESTED ANSWER:
Compiled by BSU-Law, 3rd Year students SY 2015-16
confidential in nature and will not unnecessarily country. But he is still entitled to du
drag the name and reputation of the court into the law, and the foreign court’s judgmen
picture. only constitutes prima facie evidence
conduct as a lawyer. He is entitled to
opportunity to defend himself in an
Question No. 26 (2014) to be conducted in accordance with
(6%) the Revised Rules of Court (In Re: Sus
(A) If an attorney has been granted by his client full the Practice of Law in the Territory
authority to Atty.LeonMaquera, B.M. 793, July 3
enter into an amicable settlement with the other SCRA 417, Velez vs. De Vera, A.C. No.
party, may the client later on 2006)
refuse to honor the amicable settlement forged by Question No. 1 (2006) Law Profession, Of
his attorney? Explain. Court
(B) In such instance as in (A) above, can the lawyer 1. Why is law a profession and not a tra
withdraw from
the case and collect in full his contracted attorney’s 2. Why is an attorney considered an of
fees? Why or why not? court? 2.5%
1.
I would advice Myrna to report Atty. K
His argument is not correct. Although he is already Supreme Court or to the IBP. Such act
80 years old, he has not yet retired. And because is deceitful and deserves a disciplinary
he has not yet retired, he is still required to pay his from the Supreme Court.
membership dues.
Question No. 6 (2006) Ignorant of the Appl
2.
In his petition for certiorari filed with
He should not also be exempt for the same reason Court, Atty. Dizon alleged that Atty. Pa
stated above, that is, he has not yet retired. If a researcher in the Court of Appeals, dr
lawyer is still actively engaged in the practice of assailed Decision; that he is ignorant o
law, he is required to comply with the MCLE. Being applicable laws; and that he should be
a senior citizen is not one of the exemptions.
Can Atty. Dizon, in castigating Atty. Pa
liable for unethical conduct against th
Appeals? 5%
Question No. 5 (2006) Exorbitant Appearance Fees
Suggested Answer:
Myrna, petitioner in a case for custody of children
=
against her husband, sought advice from Atty.
Mendoza whom she met at a party. She informed VI.
Atty. Mendoza that her lawyer, Atty. Khan, has
been charging her exorbitant appearance fees Yes. The Code of Professional Respons
when all he does is move for postponements provides that a lawyer shall not, in his
which have unduly delayed the proceedings; and dealings, use language which is abusiv
that recently, she learned that Atty. Khan or otherwise improper. Atty. Dizon’s a
approached her husband asking for a huge amount are personal in nature and have no pla
in exchange for the withdrawal of her Motion for petition for certiorari.
Issuance of Hold Departure Order so that he and
his children can leave for abroad.
1. Is it ethical for Atty. Mendoza to advise Myrna to Question No. 7 (2006) Does Not Believe in th
terminate the services of Atty. Khan and hire him the Client
instead for a reasonable attorney’s fees? 5%
Provincial Prosecutor Bonifacio refused
2. What should Atty. Mendoza do about the the Municipality of San Vicente in a cas
information relayed to him by Myrna that Atty. collection of taxes. He explained that h
Khan approached her husband with an indecent handle the case with sincerity and indu
proposal? 5% he does not believe in the position take
municipality.
Suggested Answer:
Can Prosecutor Bonifacio be sanctioned
administratively? 5%
V.
1.
Suggested Answer:
It is not ethical for Atty. Mendoza to advise Myrna
to terminate the services of Atty. Khan and hire
VII.
him instead for a reasonable attorney’s fees.
This is tantamount to improper solicitation of legal Yes. A government lawyer, who under
business as he is encroaching upon the required to represent the governmen
professional employment of another lawyer. The
Compiled by BSU-Law, 3rd Year students SY 2015-16
X.
2. in court;
The amount of the contingent fee cannot be d. Not willingly nor wittingly promote o
increased to 80% because such amount is not groundless, false or unlawful suit, or gi
reasonable. A lawyer shall charge only fair and consent to the same;
reasonable fees.
e. Delay no man for money or malice;
Question No. 12 (2006) Assumpsit, Client Refuse to Pay His
Lawyer in Full f. Conduct himself as a lawyer accordin
1. What is “assumpsit” and when is it proper? 2% of his knowledge and discretion, with a
fidelity as well to the court as to his clie
2. Give 4 instances when a client may validly refuse
to pay his lawyer the full amount of attorney’s fees
stipulated in their written contract. 4%
2.Four instances when a client may validly refuse to Does his disbarment in New York a gro
pay his lawyer the full amount of attorney’s fees automatic disbarment in the Philippine
stipulated in their written contract are as follows:
d. When lawyer and client disregard the contract for Question No. 15 (2006) Grounds for Disbarm
attorney’s fees. Which of the following acts does not co
ground for disbarment? Explain. 2.5%
1. Gross misconduct
Question No. 13 (2006) Primary Duties
What are the primary duties imposed by the 2. Fraudulent misrepresentation
Lawyer’s Oath upon every member of the Bar? 5%
3. Grossly immoral conduct
Suggested Answer:
4. Violation of the Lawyer’s Oath
XIII.
5. Willful disobedience to a lawful orde
The primary duties imposed by the Lawyer’s Oath Supreme Court
upon every member of the Bar are the following:
6. Malpractice
a. Maintain allegiance to the Republic of the
Philippines; 7. Appearance of a non-lawyer as an at
Compiled by BSU-Law, 3rd Year students SY 2015-16
by the spouses Yuki. Jon paid a separate XVIII. Atty. Javier sold a piece of
legal fee for Atty. Teresa's services. Jon of Gregorio for P2,000,0
subsequently resigned as CEO of PBB in Javier drafted the Deed
2011. In 2012, Atty. Teresa filed on Right to Repurchase wh
behalf of PBB a complaint for replevin Gregorio signed on Augu
and damages against Jon to recover the Under said Deed, A
car PBB had assigned to him as a service represented that he had
vehicle. Atty. Teresa, however, had not right to dispose as owner i
yet withdrawn as Jon's counsel of the land and that the land
record in the BP Big. 22 case, which was all liens and encumbrance
still then pending. Jon filed an also stated that Atty. Jav
administrative case for disbarment years within which to re
against Atty. Teresa for representing property. Atty. Javier turn
conflicting interests and violating the owner's copy of his certif
Code of Professional Responsibility. TCT No. 12121, to Grego
Atty. Teresa countered that since the then immediately took p
BP Blg. 22 case and the replevin case the land. Atty. Javier faile
are unrelated and involved different his right to repurchase
issues, parties, and subject matters, years. Gregorio sent Atty.
there was no conflict of interest and she dated April 8, 2005 deman
acted within the bounds of legal ethics. latter already repurchase
Is Atty. Teresa's contention tenable? Despite receipt of Greg
Explain. (3%) Atty. Javier still failed to re
property. Gregorio re
XVI. Atty. Luna Tek maintains an account in peaceful possession of th
the social media network called Twitter July 25, 2013, when he re
and has 1,000 followers there, including from Trustworthy Bank in
fellow lawyers and some clients. Her that the land was mortg
Twitter account is public so even her bank, that the bank alrea
non-followers could see and read her on the land, and that Gre
posts, which are called tweets. She therefore vacate the
oftentimes takes to Twitter to vent investigation, Gregorio dis
about her daily sources of stress like Atty. Javier's TCT No. 1212
traffic or to comment about current been cancelled when a
events. She also tweets her foreclosed on a previous
disagreement and disgust with the the land, but after a
decisions of the Supreme Court by transactions, Atty. Javier
insulting and blatantly cursing the reacquire the land and se
individual Justices and the Court as an 34343 for the same. W
institution. 34343, Atty. Javier constit
a. Does Atty. Luna Tek act in a mortgage on the land
manner consistent with the Code of Trustworthy Bank on Febru
Professional Responsibility? Explain the Gregorio was
reasons for your answer. (3%) dispossessed of the prope
b. Describe the relationship filed an administrative
between a lawyer and the courts. (3%) against Atty. Javier. In his d
Compiled by BSU-Law, 3rd Year students SY 2015-16