Professional Documents
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Legal Forms 2005-2010 Bar Question
Legal Forms 2005-2010 Bar Question
Write the letter corresponding to your answer. (1.) Which of the following need not be verified? a) Petition for b) c) Petition for Habeas d) Answer with compulsory e) All pleadings under the Rules on Summary Procedure. (2%) (2.) Which of the following statements is false? a) All administrative cases against Justices of appellate courts and judges of lower courts fall exclusively within the jurisdiction of the Supreme Court. b) Administrative cases against erring Justices of the Court of Appeals and Sandiganbayan, judges, and lawyers in the government service are not automatically treated as disbarment cases. c) The IBP Board of Governors may, motu proprio, or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring lawyers including those in the government service. d) The filing of an administrative case against the judge is not a ground for disqualification/inhibition. e) Trial courts retain jurisdiction over the criminal aspect of offenses committed by justices of appellate courts and judges of lower courts. (2%) (3.) On which of the following is a lawyer proscribed from testifying as a witness in a case he is handling for a client: a) On the mailing of documents; b) On the authentication or custody of any instrument; c) On the theory of the case; d) On substantial matters in cases where his testimony is essential to the ends of justice. (2%) - II Certiorari; Interpleader; Corpus; counterclaim;
Mike Adelantado, an aspiring lawyer, disclosed in his petition to take the 2003 Bar Examinations that there were two civil cases pending against him for nullification of contract and damages. He was thus allowed to conditionally take the bar, and subsequently placed third in the said exams. In 2004, after the two civil cases had been resolved, Mike Adelantado filed his petition to take the Lawyers Oath and sign the Roll of Attorneys before the Supreme Court. The Office of the Bar Confidant, however, had received two anonymous letters: the first alleged that at the time Mike Adelantado filed his petition to take the bar, he had two other civil cases pending against him, as well as a criminal case for violation of Batas Pambansa (B.P.) Bilang 22; the other letter alleged that Mike Adelantado, as Sangguniang Kabataan (SK) Chairperson, had been signing the attendance sheets of (SK) meetings as Atty. Mike Adelantado. a) Having passed the bar, can Mike Adelantado already use the appellation attorney? Explain your answer. (3%) b) Should Mike Adelantado be allowed to take his oath as a lawyer and sign the Roll of Attorneys? Explain your answer. (3%) - III Atty. Kuripot was one of Town Banks valued clients. In recognition of his loyalty to the bank, he was issued a gold credit card with a credit limit of P250,000.00. After two months, Atty. Kuripot exceeded his credit limit, and refused to pay the monthly charges as they fell due. Aside from a collection suit, Town Bank also filed a disbarment case against Atty. Kuripot. In his comment on the disbarment case, Atty. Kuripot insisted that he did not violate the Code of Professional Responsibility, since his obligation to the bank was personal in nature and had no relation to his being a lawyer. a) Is Atty. Kuripot correct? Explain your answer. (3%) b) Explain whether Atty. Kuripot should be held administratively liable for his refusal to settle his credit card bill. (3%) - IV You had just taken your oath as a lawyer. The secretary to the president of a big university offered to get you as the official notary public of the school. She explained that a lot of students lose their Identification Cards and are required to secure an affidavit of loss before they can be issued a new one. She claimed that this would be very lucrative for you, as more than 30 students lose their Identification Cards every month. However, the secretary wants you to give her onehalf of your earnings therefrom. Will you agree to the arrangement? Explain. (5%) -V-
Judge Horacio would usually go to the cockpits on Saturdays for relaxation, as the owner of the cockpit is a friend of his. He also goes to the casino once a week to accompany his wife who loves to play the slot machines. Because of this, Judge Horacio was administratively charged. When asked to explain, he said that although he goes to these places, he only watches and does not place any bets. Is his explanation tenable? Explain. (5%) - VI A businessman is looking for a new retainer. He approached you and asked for your schedule of fees or charges. He informed you of the professional fees he is presently paying his retainer, which is actually lower than your rates. He said that if your rates are lower, he would engage your services. Will you lower your rates in order to get the client? Explain. (5%) - VII (1.) Judge Segotier is a member of Phi Nu Phi Fraternity. Atty. Nonato filed a motion to disqualify Judge Segotier on the ground that the counsel for the opposing party is also a member of the Phi Nu Phi Fraternity. Judge Segotier denied the motion. Comment on his ruling. (5%) (2.) In an intestate proceeding, a petition for the issuance of letters of administration in favor of a Regional Trial Court Judge was filed by one of the heirs. Another heir opposed the petition on the ground that the judge is disqualified to become an administrator of the estate as he is the brother-in-law of the deceased. Rule on the petition. (5%) - VIII Due to the number of cases handled by Atty. Cesar, he failed to file a notice of change of address with the Court of Appeals. Hence, he was not able to file an appellants brief and consequently, the case was dismissed. Aggrieved, Atty. Cesar filed a motion for reconsideration of the resolution dismissing the appeal and to set aside the entry of judgment on the ground that he already indicated in his Urgent Motion for Extension of Time to File Appeal Brief his new address and that his failure to file a notice of change of address is an excusable negligence. Will the motion prosper? Explain. (5%) - IX Darius is charged with the crime of murder. He sought Atty. Francias help and assured the latter that he did not commit the crime. Atty. Francia agreed to represent him in court. During the trial, the prosecution presented several witnesses whose testimonies convinced Atty. Francia that her client is guilty. She confronted his client who eventually admitted that he indeed committed the crime. In view of his admission, Atty. Francia decided to withdraw from the case.
Should Atty. Francia be allowed to do so? Explain. (5%) -XAtty. Yabang was suspended as a member of the Bar for a period of one (1) year. During the period of suspension, he was permitted by his law firm to continue working in their office, drafting and preparing pleadings and other legal documents but was not allowed to come into direct contact with the firms clients. Atty. Yabang was subsequently sued for illegal practice of law. Would the case prosper? Explain. (5%) - XI Atty. Japzon, a former partner of XXX law firm, is representing Kapuso Corporation in a civil case against Kapamilya Corporation whose legal counsel is XXX law firm. Atty. Japzon claims that she never handled the case of Kapamilya Corporation when she was still with XXX law firm. Is there a conflict of interest? Explain. (5%) - XII Pending before the sala of Judge Magbag is the case of CDG versus JQT. The legal counsel of JQT is Atty. Ocsing who happens to be the brother of Atty. Ferreras, a friend of Judge Magbag. While the case was still being heard, Atty. Ferreras and his wife celebrated their wedding anniversary. They invited their friends and family to a dinner party at their house in Forbes Park. Judge Magbag attended the party and was seen conversing with Atty. Ocsing while they were eating at the same table. Comment on the propriety of Judge Magbags act. (5%) - XIII Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate of Title No. 12345 located in Sampaloc, Metro Manila. Gerry decided to sell the property but did not have the time to look for a buyer. He then designated his brother, Jon, to look for a buyer and negotiate the sale. Jon met Angelo Santos who expressed his interest to buy the lot. Angelo agreed to pay P1 Million for the property on September 26, 2005. a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as principal, in favor of his brother Jon, as agent, authorizing the latter to sell the property in favor of Angelo Santos. (7%) b) Draft the Deed of Sale of Real Property. (7%) - XIV -
Draft a withdrawal of counsel without conformity of client. (6%) - XV Draft a Notice of Appeal. (6%) XVI Draft a Certification of Non-Forum Shopping. (6%) NOTHING FOLLOWS.
For the same reasons, Atty. Oldie also insist that he should be exempt from the Mandatory COntinuing Legal Education (MCLE) requirements. 2. Should he be exempt? 3% -VMyrna, petitioner in case for custody of children against her husband, sought advice from Atty. Mendoza whom she met at a party. She informed Atty. Fernandez that her lawyer, Atty. Khan, has been charging her exorbitant appearance fees when all he does move for postponements which have unduly delayed the proceedings; and that recently, she learned that Atty. Khan approached her husband asking for a huge amount in exchange for the withdrawal of her Motion for issuance of Hold Departure Order so that he and his children can leave for abroad. 1. Is it ethical for Atty. Mendoza to advise Myrna to terminate the servicesof Atty. Khan and hire him instead for a reasonable attorneys fees? 5% 2. What should Atty. Mendoza do about the information relayed to him by Myrna that Atty. Khan approached her husband with an indecent proposal? 5% - VI In his petition for certiorari filed with the Supreme Court, Atty . Dizon alleged that Atty .Padilla, a legal researcher in the Court of Appeals, drafted the assailed Decision; that he is ignorant of the applicable laws; and that he should be disbarred. Can Atty .Dizon, in castigating Atty .Padilla, be held liable for unethical conduct against the Court of Appeals? 5% - VII Provincial Prosecutor Bonifacio refused to represent the Municipality of San Vicente in a case for collection of taxes. He explained that he cannot handle the case with sincerity and industry because he does not believe in the position taken by the municipality. Can Prosecutor Bonifacio be sanctioned administratively? 5% - VIII Prosecutor Coronel entered his appearance on behalf of the State before a Family Court in a case for declaration of nullity of marriage, but he failed to appear in all the subsequent proceedings. When required by the Department of Justice to explain, he argued that the parties in the case were ably represented by their respective counsels and that his time would be better employed in more substantial prosecutorial functions, such as investigations, inquests and appearances in court hearings. Is Atty .Coronels explanation tenable? 5%
- IX Atty .Marie consulted Atty .Hernandez whether she can successfully prosecute her case for declaration of nullity of marriage she intends to file against her husband. Atty. Hernandez advised her in writing that the case will not prosper for the reasons stated therein. Atty .Marie, however, decided to file the case and engaged the services of another lawyer, Atty .Pe. Her husband, Noel, having learned about the opinion of Atty .Hernandez, hired him as his lawyer . Is Atty .Hernandezs acquiescence to be Noels counsel ethical? 3% -XIn the course of a drinking spree with Atty. Holgado who has always been his counsel in business deals, Simon bragged about his recent sexual adventures with socialites known for their expensive tastes. When Atty. Holgado asked Simon how he manages to finance his escapades, the latter answered that he has been using the bank deposits of rich clients of Banco Filipino where he works as manager. Is Simons revelation to Atty. Holgado covered by the attorney-client privilege? 5% - XI The contract of attorneys fees entered into by Atty .Quintos and his client, Susan, stipulates that if a judgment is rendered in her favor, he gets 60% of the property recovered as contingent fee. In turn, he will assume payment of all expenses of the litigation. 1. Is the agreement valid? 2.5% 2. May Atty .Quintos and Susan increase the amount of the contingent fee to 80%? 2.5% - XII 1. What is assumpsit and when is it proper? 2% 2. Give 4 instances when a client may validly refuse to pay his lawyer the full amount of attorneys fees stipulated in their written contract. 4% - XIII Give 4 instances when a client may validly refuse to pay his lawyer the full amount of attorneys fees stipulated in their written contract. 4% - XIV Atty. Perez was admitted as a member of the New York Bar. While in Manhattan, he was convicted of estafa and was disbarred.
Does his disbarment in New York a ground for his automatic disbarment in the Philippines? 2.5% - XV Which of the following acts does not constitute a ground for disbarment? Explain. 2.5% 1. 2. 3. 4. 5. 6. 7. Gross misconduct Fraudulent misrepresentation Grossly immoral conduct Violation of the Lawyers Oath Willful disobedience to a lawful order of the Supreme Court Malpractice Appearance of a non-lawyer as an attorney for a litigant in a case - XVI Draft an Affidafit of Desistance in a criminal case for acts of lasciviosness. (Exclude the jurat) - XVII Draft an affidafit of Self-Adjucation of the estate of a deceased person. (Exclude the jurat) - XVIII Draft an Information charging Obet Buena with arson filed with the Regional Trial Court. Branch 10, Manila. 10% NOTHING FOLLOWS.
What are the duties of an attorney? - II (10%) C engages the services of attorney D concerning various mortgage contracts entered into by her husband from whom she is separated, fearful that her real estate properties will be foreclosed and of impending suits for sums of money against her. Attorney D advised C to give him her land
titles covering her lots so he could sell them to enable her to pay her creditors. He then persuaded her execute deeds of sale in his favor without any monetary or valuable consideration, to which C agreed on condition that he would sell the lots and from the proceeds pay her creditors. Later on, C came to know that attorney D did not sell her lots but instead paid her creditors with his own funds and had her land titltes registered in his name. Did attorney D violate the Code of Professional Responsibility? Explain. - III (10%) Attorney M. accepted a civil case for the recovery of title and possession of land in behalf of N. Subsequently, after the Regional Trial Court had issued a decision adverse to N, the latter filed an administrative case against attorney M for disbarment. He alleged that attorney M caused the advese ruling against him; that attorney M did not file an opposition to the Demurrer to Evidence filed in the case, neither did he appear at the formal hearing on the demurrer, leading the trial court to assume that plaintiffs counsel (attorney M) appeared convinced of the validity of the demurer filed; that attorney M did not even file a motion for reconsideration , causing the order to become final and executory; and that even prior to the above events and in view of attorney Ms apparent loss of interest in the case, he verbally requested attorney M to withdraw, but attorney M refused. Complainant N further alleged that attorney M abused his clients trust and confidence and violated his oath of office in failing to defend his clients cause to the very end. Attorney M replied that N did not give him his full cooperation; that the voluminous records turned over to him were in disarray, and that appeared for N, he had only half of the information and background of the case; that he was assured by Ns friends that they had approach the judge; that they requested him (M) to prepare a motion for reconsideration which he did and gave to them; however these friends did not return the copy of the motion. Will the administrative case proper? Give reasons for your answer. - IV (10%) When is recovery of attorneys fees based on quantum meruit allowed? -V(10%) During the hearing of an election protest filed by his brother, Judge E sat in the area reserved for the public, not beside his brothers lawyer. Judge Es brother won the election protest. Y, the defeated candidate for mayor, filed an administrative case against Judge E for employing influence and pressure on the judge who heard and decided the election protest.
Judge E explained that the main reasons why he was there in the courtroom were because he wanted to observe how election protest are conducted as he has never conducted one and because he wanted to give moral support to his brother. Did Judge E commit an act of impropriety as a member of the judiciary? Explain? - VI (Total 10%) a. A and B are accused of Estafa by C, the wife of Regional Trial Court Judge D. Judge D testified as a witness for the prosecution in the Estafa case. Did Judge D commit an act of impropriety? Give reasons for your answer. (5%) b. What qualities should an ideal judge possess under the New Code of Judicial Conduct for the Philippine Judiciary? (5%) - VII (Total 10%) a. What evidence of identity does the 2004 Rules on Notarial Practice require before a notary public can officially affix his notarial seal on and sign a document presented by an individual whom the notary public does not personally know? (5%) b. When can Judges of the Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC) perform the function of notaries public ex officio, even if the notarization of the documents are not in connection with the exercise of their official function and duties? (5%) - VIII (10%) Prepare a clause stipulating a right of first refusal to be embodied in a contract of lease, in case of sale of the property leased. - IX (10%) Prepare an affidavit of merits to be attached to a Petition for Relief. -X(10%) Prepare an arbitration clause to be included in a contract. NOTHING FOLLOWS.
Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City against a well-known property developer on a contingent fee basis. Laarni asked for 15% of the land that may be recovered or 15% of whatever monetary settlement that may be received from the property developer as her only ee contingent upon securing a favorable final judgment or compromise settlement. Chester signed the contingent fee agreement. a) Assume the property developer settled the case after the case was decided by the Regional Trial Court in favor of Chester for P1 Billion. Chester refused to pay Laarni P150 Million on the ground that it is excessive. Is the refusal justified? Explain. (4%) b) Assume there was no settlement and the case eventually reached the Supreme Court which promulgated a decision in favor of Chester. This time Chester refused to convey to Laarni 15% of the litigated land as stipulated on the ground that the agreement violates Article 1491 of the Civil Code which prohibits lawyers from acquiring by purchase properties and rights which are the object of litigation in which they take part by reason of their profession. Is the refusal justified? Explain. (4%) V The vendor filed a case against the vendee for the annulment of the sale of a piece of land. a) Assume the vendee obtained a summary judgment against the vendor. Would the counsel for the defendant vendee be entitled to enforce a charging lien? Explain. (4%) b) Assume, through the excellent work of the vendees counsel at the pre-trial conference and his wise use of modes of discovery, the vendor was compelled to move for the dismissal of the complaint. In its order the court simply granted the motion. Would your answer be the same as in question (a)? Explain. (3%) VI Atty. Abigail filed administrative cases before the Supreme Court against Judge Luis. Thereafter, Atty. Abigail filed a Motion for Inhibition praying that Judge Luis inhibit himself from trying, hearing or in any manner acting on all cases, civil and criminal, in which Atty. Abigail is involved and handling. Should Judge Luis inhibit himself as prayed for by Atty. Abigail? Explain fully. (6%) VII In need of legal services, Niko secured an appointment to meet with Atty. Henry of Henry & Meyer Law Offices. During the meeting, Niko divulged highly private information to Atty. Henry, believing that the lawyer would keep the confidentiality of the information. Subsequently, Niko was shocked when he learned that Atty. Henry had shared the confidential
information with his law partner, Atty. Meyer, and their common friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that Niko never signed any confidentiality agreement, and that he shared the information with the two lawyers to secure affirmance of his legal opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain fully. (7%) VIII State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct stated below. a) Filing a complaint that fails to state a cause of action, thereby resulting in the defendant succeeding in his motion to dismiss. (3%) b) A suspended lawyer working as an independent legal assistant to gather information and secure documents for other lawyers during the period of his suspension. (3%) c) A suspended lawyer allowing his non-lawyer staff to actively operate his law office and conduct business on behalf of clients during the period of suspension. (3%) d) Keeping money he collected as rental from his clients tenant and remitting it to the client when asked to do so. (3%) e) Refusing to return certain documents to the client pending payment of his attorneys fees. (3%) f) An unwed female lawyer carrying on a clandestine affair with her unwed male hairdresser. (3%) g) Not paying the annual IBP dues. (3%) IX State, with a brief explanation, whether the judge concerned may be sanctioned for the conduct stated below. a) Refusing to inhibit himself although one of the lawyers in the case is his second cousin. (3%) b) Deciding a case in accordance with a Supreme Court ruling but adding that he does not agree with the ruling. (3%) c) Dictating his decision in open court immediately after trial. (3%)
X Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision, Quezon City, which he leased to Jun Miranda for a term of two years starting May 1, 2006, at a monthly rental of P50,000. Jun defaulted in the payments of his rentals for six (6) months, from January 1, 2007 to June 30, 2007. a) Prepare a demand letter as lawyer of Ian Alba addressed to Jun Miranda preparatory to filing an ejectment case. (3%) b) Assume Jun Miranda did not heed your demand letter. Draft a complaint for ejectment. (Omit verification and affidavit of non-forum shopping). (9%) XI Draft a complete deed of donation of a piece of land in accordance with the form prescribed by the Civil Code. (8%) AR EXAMS 2009 QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES
PART I I TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%)
1. The Bangalore Draft, approved at a Roundtable Meeting of Chief Justices held at The 2. 3.
4. 5.
Hague, is now the New Code of Judicial Conduct in the Philippines. 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. A charging lien, as distinguished from a retaining lien, is an active lien which can be enforced by execution. A lawyer cannot refuse to divulge the name or identity of his client. A notary public is disqualified from performing a notarial act when the party to the document is a relative by affinity within the 4th civil degree. II
1. What is the object of the bar examinations? Explain. (2%) 2. What are the three (3) tests to determine conflict of interest for practicing lawyers? Explain each briefly. (3%)
III 1. May a party appear as his own counsel in a criminal or in a civil case? Explain. (3%) 1. What is the student practice rule? (2%) IV 1. In a case for homicide filed before the Regional Trial Court (RTC), Presiding Judge Quintero issued an order for the arrest of the accused, granted a motion for the reduction of bail, and set the date for the arraignment of the accused. Subsequently, Judge Quintero inhibited himself from the case, alleging that even before the case was raffled to his court, he already had personal knowledge of the circumstances surrounding the case. Is Judge Quinteros inhibition justified? Explain. (3%) 2. After being diagnosed with stress dermatitis, Judge Rosalind, without seeking permission from the Supreme Court, refused to wear her robe during court proceedings. When her attention was called, she explained that whenever she wears her robe she is reminded of her heavy caseload, thus making her tense. This, in turn, triggers the outbreak of skin rashes. Is Judge Rosalind justified in not wearing her judicial robe? Explain. (3%) V Cliff and Greta were law school sweethearts. Cliff became a lawyer, but Greta dropped out. One day, Cliff asked Greta to sign a marriage contract. The following day, Cliff showed Greta the document already signed by an alleged solemnizing officer and two witnesses. Cliff then told Greta that they were already married and Greta consented to go on a honeymoon. Thereafter, the couple cohabited and begot a child. Two years later, Cliff left Greta and married a Venezuelan beauty. Incensed, Greta filed a disbarment complaint against Cliff. Will the case prosper? Explain. (4%) VI Atty. Sabungero obtained a notarial commission. One Sunday, while he was at the cockpit, a person approached him with an affidavit that needed to be notarized. Atty. Sabungero immediately pulled out from his pocket his small notarial seal, and notarized the document. Was the affidavit validly notarized? Explain. (3%) VII Atty. Manuel is counsel for the defendant in a civil case pending before the RTC. After receiving the plaintiffs Pre-Trial Brief containing the list of witnesses, Atty. Manuel interviewed some of the witnesses for the plaintiff without the consent of plaintiffs counsel. 1. Did Atty. Manuel violate any ethical standard for lawyers? Explain. (3%) 2. Will your answer be the same if it was the plaintiff who was interviewed by Atty. Manuel without the consent of plaintiffs counsel? Explain. (2%)
VIII Court of Appeals (CA) Justice Juris was administratively charged with gross ignorance of the law for having issued an order temporarily enjoining the implementation of a writ of execution, and for having issued another order for the parties to maintain the status quo in the same case. Both orders are obviously without any legal basis and violate CA rules. In his defense, Justice Juris claims that the challenged orders were collegial acts of the CA Division to which he belonged. Thus, he posits that the charge should not be filed against him alone, but should include the two other CA justices in the Division. Is the contention of Justice Juris tenable? Explain. (3%) IX Alexander Sison, resident of 111 Libertad St., Sampaloc, Manila, engages your services as lawyer. He tells you that a certain Mr. Juan Jamero of 222 Juan Luna St., Tondo, Manila, owes him P1,000,000.00; that the debt is long overdue; and that, despite repeated demands, Jamero has failed to comply with his obligation. He also shows you a promissory note, executed on January 3, 2008, wherein Jamero promises to pay the amount of P1,000,000.00, with 12% interest per annum, within one (1) year from date of note. Sison agrees to pay you attorneys fees in the amount of P75,000.00, and a fee of P3,000.00 for every appearance in court. As Sisons lawyer, prepare the complaint that you will file in court against Juan Jamero. (10%) X Given the same facts in No. IX above, assume that summons had been served on Jamero, but no responsive pleading was filed within the reglementary period. Prepare a motion to declare Jamero in default. (4%) PART II XI TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) 1. The duty of a lawyer to his client is more paramount than his duty to the Court. 2. It is ethical for a lawyer to advise his client to enter a plea of guilty in a criminal case if the lawyer is personally convinced that he cannot win the case for his client. 3. There is no presumption of innocence or improbability of wrongdoing in an attorneys favor when he deals with his client concurrently as lawyer and as businessman. 4. The satisfaction of a judgment debt does not, by itself, bar or extinguish the attorneys liens, except when there has been a waiver by the lawyer, as shown by his conduct or his passive omission.
5. A companion or employee of the judge who lives in the judges household is included in the definition of the judges family. XII Write the complete text of the attorneys oath. (5%) XIII Atty. Hyde, a bachelor, practices law in the Philippines. On long weekends, he dates beautiful actresses in Hong Kong. Kristine, a neighbor in the Philippines, filed with the Supreme Court an administrative complaint against the lawyer because of sex videos uploaded through the internet showing Atty. Hydes sordid dalliance with the actresses in Hong Kong. In his answer, Atty. Hyde (1) questions the legal personality and interest of Kristine to institute the complaint and (2) insists that he is a bachelor and the sex videos relate to his private life which is outside public scrutiny and have nothing to do with his law practice. Rule on the validity of Atty. Hydes defenses. (5%) XIV Marlyn, a widow, engaged the services of Atty. Romanito in order to avert the foreclosure of several parcels of land mortgaged by her late husband to several creditors. Atty. Romanito advised the widow to execute in his favor deeds of sale over the properties, so that he could sell them and generate funds to pay her creditors. The widow agreed. Atty. Romanito did not sell the properties, but paid the mortgage creditors with his own funds, and had the land titles registered in his name. Atty. Romanito succeeds in averting the foreclosure. Is he administratively liable? Reasons. (3%) XV Atty. Wilmar represented Beatriz in a partition case among heirs, and won. When Wilmar demanded payment of attorneys fees, Beatriz refused to pay. Wilmar sued Beatriz for the unpaid attorneys fees and obtained a favorable judgment. Thereafter, Beatriz filed an administrative complaint against Wilmar claiming that he lied when he stated in his claim for attorneys fees that the subject of the partition case involved the entire estate of the deceased when, in fact, it covered only 50% thereof. Wilmar set up the defenses that (1) Beatriz filed the complaint only to delay the execution of the judgment ordering her to pay attorneys fees and (2) Beatriz engaged in forum-shopping. Are the defenses of Atty. Wilmar tenable? Explain. (4%) XVI Atty. Simeon persuaded Armando, Benigno and Ciriaco to invest in a business venture that later went bankrupt. Armando, Benigno and Ciriaco charged Atty. Simeon with estafa.
Simultaneously, they filed an administrative complaint against the lawyer with the Supreme Court. 1. If Simeon is convicted of estafa, will he be disbarred? Explain. (3%) 2. If Simeon is acquitted of the estafa charge, will the disbarment complaint be dismissed? Explain. (3%) XVII When Atty. Romualdo interviewed his client, Vicente, who is accused of murder, the latter confessed that he killed the victim in cold blood. Vicente also said that when he takes the witness stand, he will deny having done so. Is Atty. Romualdo obliged, under his oath as lawyer, to inform the judge that [a] his client is guilty and [b] his client will commit perjury on the witness stand? Explain. (4%) XVIII On a Saturday, Atty. Paterno filed a petition for a writ of amparo with the Court of Appeals (CA). Impelled by the urgency for the issuance of the writ, Atty. Paterno persuaded his friend, CA Justice Johnny de la Cruz, to issue the writ of amparo and the notice of hearing without the signature of the two other Justices-members of the CA division. Are Atty. Paterno and Justice de la Cruz guilty of unethical conduct? Explain. (4%) XIX Romeo Hacendero wants to authorize Juanito Ahente to sell, on cash basis, for a price not lower than P500,000.00, a parcel of land, situated in Muoz, Nueva Ecija, and covered by Transfer Certificate of Title No. 123456, in the Register of Deeds of Nueva Ecija. Prepare a Special Power of Attorney granting such authority. (4%) XX From the affidavits and the death certificate submitted during the preliminary investigation, the following facts are established: At 6:00 oclock in the evening of September 13, 2009, at the corner of Dapitan and Dos Castillas Sts., Sampaloc, Manila, Edgar Bastonero, alias Bugoy, and Carlos Tirador, alias Pogi, accosted Johnny Escolar, a student, and demanded the latters cellular phone and wrist watch. Because Johnny resisted, Bastonero pulled out a knife and stabbed Johnny several times in the chest, causing instantaneous death. Bastonero and Tirador then ran away. The affidavits were executed by William Tan and Henry Uy, classmates of Johnny, who witnessed the entire incident. The death certificate was issued by Dr. Jose Cabra who conducted the autopsy on Johnny. As Assistant City Prosecutor in Manila, prepare the appropriate criminal information to be filed in court. (10%) -NOTHING FOLLOWS-
II Enumerate the instances when a Notary Public may authenticate documents without requiring the physical presence of the signatories. (2%) III Atty. Y, in his Motion for Reconsideration of the Decision rendered by the National Labor Relations Commission (NLRC), alleged that there was connivance of the NLRC Commissioners with Atty. X for monetary considerations in arriving at the questioned Decision. He insulted the Commissioners for their ineptness in appreciating the facts as borne by the evidence presented. Atty. X files an administrative complaint against Atty. Y for using abusive language. Atty. Y posits that as lawyer for the down-trodden laborers, he is entitled to express his righteous anger against the Commissioners for having cheated them; that his allegations in the Motion for Reconsideration are absolutely privileged; and that proscription against the use of abusive language does not cover pleadings filed with the NLRC, as it is not a court, nor are any of its Commissioners Justices or Judges. Is Atty. Y administratively liable under the Code of Professional Responsibility? Explain. (3%) IV Atty. XX rented a house of his cousin JJ on a month-tomonth basis. He left for a 6-month study in Japan without paying his rentals and electric bills while he was away despite JJs repeated demands. Upon his return to the Philippines, Atty. XX still failed to settle his rental arrearages and electric bills, drawing JJ to file an administrative complaint against Atty. XX. Atty. XX contended that his non-payment of rentals and bills to his cousin is a personal matter which has no bearing on his profession as a lawyer and, therefore, he did not violate the Code of Professional Responsibility.
a. Is Atty. XXs contention in order? Explain. (3%)
b. Cite two (2) specific Rules in the Code of Professional Responsibility, violation of which subjects a lawyer to disciplinary action by the Supreme Court although the acts complained of are purely personal or private activities that do not involve the practice of law. (2%) V When is professional incompetence a ground for disbarment under the Rules of Court? Explain. (3%) VI Atty. Monica Santos-Cruz registered the firm name Santos- Cruz Law Office with the Department of Trade and Industry as a single proprietorship. In her stationery, she printed the names of her husband and a friend who are both non-lawyers as her senior partners in light of their investments in the firm. She allowed her husband to give out calling cards bearing his name as senior partner of the firm and to appear in courts to move for postponements. Did Atty. Santos-Cruz violate the Code of Professional Responsibility? Why? (3%) VII Atty. Candido commented in a newspaper that the decision of the Court of Appeals was influenced by a powerful relative of the prevailing party. The appellate court found him guilty of indirect contempt. Does this involve moral turpitude? Explain. (3%) VIII For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a case involving 5,000 square meters (sq.m.) of land, the two agreed on a success fee of P50,000 plus 500 sq.m. of the land. The trial court rendered judgment in favor of Wag Yu which became final and executory. After receiving P50,000, Atty. Delmonico demanded the transfer to him of the promised 500 sq.m. Instead of complying, Wag Yu filed an administrative complaint charging Atty. Delmonico with violation of the Code of Professional Responsibility and Article 1491(5) of the Civil Code for demanding the delivery of a portion of the land subject of litigation. Is Atty. Delmonico liable under the Code of Professional Responsibility and the Civil Code? Explain. (5%) IX Is the defense of Atty. R in a disbarment complaint for immorality filed by his paramour P that P is in pari delicto material or a ground for exoneration? Explain. (3%)
X Allison hired Atty. X as his counsel in his complaint for Collection of Sum of Money. Upon receipt on March 20, 2009 of the Notice of Pre-Trial which was scheduled on May 24, 2009, Allison noted that at that time he would still be in a two-week conference in St. Petersburg. He thus asked Atty. X to represent him during the pre-trial. Prepare the necessary document that Atty. X should submit to the court to enable him to represent Allison during Pre-Trial. (5%) XI After passing the Philippine Bar in 1986, Atty. Richards practiced law until 1996 when he migrated to Australia where he subsequently became an Australian citizen in 2000. As he kept abreast of legal developments, petitioner learned about the Citizenship Retention and ReAcquisition Act of 2003 (Republic Act No. 9225), pursuant to which he reacquired his Philippine citizenship in 2006. He took his oath of allegiance as a Filipino citizen at the Philippine embassy in Canberra, Australia. Jaded by the laid back life in the outback, he returned to the Philippines in December 2008. After the holidays, he established his own law office and resumed his practice of law. Months later, a concerned woman who had secured copies of Atty. Richards naturalization papers with consular authentication, filed with the Supreme Court an anonymous complaint against him< for illegal practice of law.
a. May the Supreme Court act upon the complaint filed by an anonymous person? Why or why not? (3%) b. Is respondent entitled to resume the practice of law? Explain. (5%)
PART II XII Rebeccas complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge As wife by a previous marriage. This is known to the defendant who does not, however, file a motion to inhibit the Judge. Is the Judge justified in not inhibiting himself from the case? (3%) XIII Reacting to newspaper articles and verbal complaints on alleged rampant sale of Temporary Restraining Orders by Judge X, the Supreme Court ordered the conduct of a discreet investigation by the Office of the Court Administrator. Judges in the place where Judge X is assigned confirmed the complaints.
a. What administrative charge/s may be leveled against Judge X? Explain. (3%) b. What defense/s can Judge X raise in avoidance of any liability? (2%)
XIV Farida engaged the services of Atty. Garudo to represent her in a complaint for damages. The two agreed that all expenses incurred in connection with the case would first be shouldered by Atty. Garudo and he would be paid for his legal services and reimbursed for all expenses which he had advanced out of whatever Farida may receive upon the termination of the case. What kind of contract is this? (2%) XV Rico, an amiable, sociable lawyer, owns a share in Marina Golf Club, easily one of the more posh golf courses. He relishes hosting parties for government officials and members of the bench. One day, he had a chance meeting with a judge in the Intramuros golf course. The two readily got along well and had since been regularly playing golf together at the Marina Golf Club.
a. If Atty. Rico does not discuss cases with members of the bench during parties and golf games, is he violating the Code of Professional Responsibility? Explain. (3%) b. How about the members of the bench who grace the parties of Rico, are they violating the Code of Judicial Conduct? Explain. (3%)
XVI Judge L is assigned in Turtle Province. His brother ran for Governor in Rabbit Province. During the election period this year, Judge L took a leave of absence to help his brother conceptualize the campaign strategy. He even contributed a modest amount to the campaign kitty and hosted lunches and dinners. Did Judge L incur administrative and/or criminal liability? Explain. (3%) XVII Judge X was invited to be a guest speaker during the annual convention of a private organization which was covered by media. Since he was given the liberty to speak on any topic, he discussed the recent decision of the Supreme Court declaring that the President is not, under the Constitution, proscribed from appointing a Chief Justice within two months before the election. In his speech, the judge demurred to the Supreme Court decision and even stressed that the decision is a serious violation of the Constitution.
a. Did Judge X incur any administrative liability? Explain. (3%)
b. If instead of ventilating his opinion before the private organization, Judge X incorporated it, as an obiter dictum, in one of his decisions, did he incur any administrative liability? Explain. (3%)
XVIII
a. Draft the accusatory portion of an Information for RAPE of a 13-year old child committed by her maternal uncle in broad daylight at the back of a church. (5%) b. Draft a Petition for the Issuance of a Writ of Habeas Data. (5%) c. Draft a Petition for Bail. (5%)
XIX Judges of the first and second level courts are allowed to receive assistance from the local government units where they are stationed. The assistance could be in the form of equipment or allowance. Justices at the Court of Appeals in the regional stations in the Visayas and Mindanao are not necessarily residents there, hence, they incur additional expenses for their accommodations. Pass on the propriety of the Justices receipt of assistance/allowance from the local governments. (3%) XX Arabella filed a complaint for disbarment against her estranged husband Atty. P on the ground of immorality and use of illegal drugs. After Arabella presented evidence and rested her case before the Investigating Commissioner of the IBP Committee on Bar Discipline, she filed an Affidavit of Desistance and motion to dismiss the complaint, she and her husband having reconciled for the sake of their children. You are the Investigating Commissioner of the IBP. Bearing in mind that the family is a social institution which the State is duty-bound to preserve, what will be your action on Arabellas motion to dismiss the complaint? (3%) XXI On the proposal of Judge G, which was accepted, he and his family donated a lot to the city of Gyoza on the condition that a public transport terminal would be constructed thereon. The donation was accepted and the condition was complied with. The family-owned tracts of land in the vicinity of the donated lot suddenly appreciated in value and became commercially viable as in fact a restaurant and a hotel were soon after built. Did the Judge commit any violation of the Code of Judicial Conduct? (2%)
XXII
A retired member of the Judiciary is now engaged in private practice. In attending hearings, he uses his car bearing his protocol plate which was issued to him while still in the service. Pass on the ethical aspect of the judges use of the protocol plate. (2%) NOTHING FOLLOWS.