1991 BAR EXAMINATION

In at least two (2) paragraphs, give all your reasons why you want to
become a lawyer, and discuss what values you must cultivate and how you must
conduct yourself to uphold the nobility, protect the integrity, and enhance the
prestige of the law profession.

ANSWER:

I want to be a lawyer in order to be a member of a very noble profession

and to participate in the administration of justice. As a lawyer, I am an officer of the
court sworn to assist in the administration of justice.

As a lawyer, I am sworn to maintain allegiance to the Republic of the

Philippines, support the Constitution and obey the laws and maintain the respect
due the courts of Justice. I shall accept cases that I honestly believe to be
meritorious and to employ methods consistent with truth and honor.

I want to become a lawyer because the profession of law is more a mission

than a business, trade or craft and therefore its object is not material reward but to
promote the administration of Justice. Lawyers are an essential ingredient of
justice which is vital to the survival of every society. Without justice, there will be
anarchy. As a lawyer, I will have the noblest opportunity to become an officer of
the court, to help maintain the respect due to the court and to employ only such
means as are consistent with truth and honor so that justice will prevail.

Include in the values to cultivate honesty, truthfulness, industry, honor and

independence.

II

What is the purpose of disbarment as a means of disciplining erring

lawyers?

ANSWER:

The purposes of disbarment are:

1. to protect the public

2. to protect and preserve the legal profession and

 3. to compel the lawyer to comply with his duties and obligations under
the Code of Professional Responsibility.

In re: Vicente Pelaez as reiterated in Cuyugan U. Amante the Court stated

the purpose as follows: The purpose of disbarment is to purge the legal profession
of any lawyer who exhibits a want of professional honesty, as to render him
unworthy of public confidence and unfit and unsafe person to manage the legal
business of others. The reason is because it is the court which admits an attorney
to the bar and the court requires for such admission the possession of a good
moral character. If that qualification is a condition precedent to a license and
privilege to enter upon the practice of law it would seem to be equally essential
during the continuance of the practice and the exercise of the privilege. So it is
held that an attorney will be removed not only for malpractice and dishonesty to
his profession but also for gross misconduct not connected with his professional
duties which shows him to be unfit to the office and unworthy of the privileges
which his license and the law confer upon him. Disbarment is necessary so that
respectability of the bar will be maintained.

Is the penalty of indefinite suspension from the practice of law imposed

upon an erring lawyer a cruel and unusual punishment? May a suspended lawyer
nevertheless appear in court to prosecute or defend a case?

ANSWER:

In Zaldiuar vs. Sandiganbayan, 170 SCRA 1. the Supreme Court held that
the penalty of indefinite suspension from the practice of law is not cruel and
unusual punishment. The lifting of suspension of a lawyer from the practice of law
depends on the lawyer himself to show with convincing evidence that he had
rehabilitated and reformed and his willingness to comply with the rules of ethics of
the profession. The said case involved Raul Gonzales who was indefinitely
suspended until he apologizes to the court for the offensive and disrespectful
language used against the court.

NOTE: While the Supreme Court has already held that suspension is not a cruel
and unusual punishment, a student may believe that it is cruel and unusual for the
following reasons: suspension is an indefinite kind of penalty and you will have to
beg for reinstatement.

A suspended lawyer may appear in court to prosecute or defend a case in

his behalf but not in behalf of other clients.

III
 Miss Amparo engaged the services of Atty. Rito, a young lawyer and her
former boyfriend, to act as her counsel in a case. True to his lawyeris oath. Atty.
Rito represented her to the best of his ability even when he had no opportunity to
talk to her on the progress of the case. When the case was terminated, Amparo
refused to pay Atty. Ritois fees on the ground that there was no written contract of
their professional relationship.

(A) Can Amparo justify her action?

ANSWER:

Amparo may not justify her refusal to compensate Atty. Rito for his legal
service. An attorney is entitled to attorneys fees for services rendered even in the
absence of a contract for attorney's fees.

ALTERNATIVE ANSWER:

She had the right to assume that that because of the past relation, she can
presume that the services will be rendered for free.

(B) If Amparo cannot, upon what basis then may Atty. Rito be
compensated? What are the considerations to be taken into account?

ANSWER:

Atty. Rito has the right to demand attorneys fees based on an implied
contract and for services rendered. The determination of the amount of attorneys
fees will be based on quantum merit, namely; time spent and extent of services
rendered; novelty of the case; importance of the subject matter; skill demanded;
probability of losing other employ-ment; customaiy changes, amount involved;
contingency or certainty of compensation; professional standing and capacity of
the client to pay.

IV

The spouses X and Y and their three (3) minor children, A, B, and C, were
passengers of one of the buses of the Lahar Transportation Corp., a common
carrier. They were to attend the wedding of a relative in Sto. Tomas, Batangas.
The bus turned turtle along the South Expressway in Biloan, Laguna. All of them
suffered serious physical injuries and were hospitalized for thirty-one (31) days.
Upon the advice of lawyer V, who claims to have strong special connections with
some judges in Quezon City, where X and Y are resided; in Makati, where they
have a house which is occupied by A; and in BiOan, Laguna, where the accident
occurred, they decided to file three (3) separate complaints for breach of contract
of carriage, to wit: (1) the complaint of X and Y in the RTC of Quezon City; (2) the
complaint of A, assisted by X and Y, in the RTC of Makati; and (3) the complaint
of B and C, assisted by X and Y, in the RTC of Bihan, Laguna.

(A) Are Atty. Vis action proper?

ANSWER:

Attorney Vs actions are not proper because he engaged in forum shopping

and represented that he has influence. Rule 12.02 provides that a lawyer shall not
file multiple actions arising for the same cause.

(B) If proper, for what may he be charged with, and what penalty or
penalties may be imposed upon him?

ANSWER:

The lawyer violated Rule 12.02 for filing multiple actions arising from the same
incident. Penalty of suspension or fine should be imposed upon him as forum
shopping is a malpractice.

Atty. B acted as counsel for C in a civil case. He also acted as counsel for
D against C in another civil case, when D lost his case against C, he filed an
administrative com-plaint against Atty. B for conflict of interest. Decide.

ANSWER:

If the case of C in the first case Is entirely different and related with the case
of D against C, there is no conflict of interest. If the two cases however are related
wherein attorney has knowledge of the evidence of C then there is conflict of
interest.

Rule 15.01 provides that: A lawyer in conferring with a prospective clients,

shall ascertain as soon as practicable whether the matter would involve a conflict
with another client or his own interest, and if so, shall forthwith inform the
prospective client.

Rule 15.03 further provides that: A lawyer shall not represent conflicting
interest except try written consent of all concerned given after a full disclosure of
the facts.
 Lawyer U, a retired Tanodbayan prosecutor, now in the private practice of
law. entered his appearance for and In behalf of an accused in a case before the
Sandiganbayan. The prosecution moved for his disqualification on the ground that
he had earlier appeared for the prosecution in the case and is knowledgeable
about the prosecution's evidence, both documentary and testimonial. U contended
that he merely appeared at the arraignment on behalf of the prosecutor assigned
to the case who was absent at the time. Decide.

ANSWER:

Lawyer U should be disqualified from entering his appearance in this case

even only for arraignment of the accused. His appearance is deemed to be
appearing for conflicting interest.

ALTERNATIVE ANSWER:

Canon 36 provides that a lawyer, having once held public office or having
been in public employ, should not, after his retirement, accept employment in
connection with any matter he has investigated or passed upon while in such office
or employ. The contention of U that he merely appeared at the arraignment on
behalf of the absent prosecutor, is not enough. As a former Tanodbayan
prosecutor, he certainly had occasion to obtain knowledge about the prosecutions
evidence.

VI

XYZ Corporation, represented by Atty. W. won in a civil case against ABC

Co. and was awarded attorneys fees in the amount of P25.000.00. In its contract
with Atty. W in relation to said case, XYZ Corp. bound itself to pay him with
P10.000.00 for attorneys fees, which it paid when it rested its case. ABC Co. failed
to pay the adjudged attorneys fees even after the decision had become final. Atty.
W filed a motion for execution of Judgment on the attorneys fees, claiming to be
his. XYZ Corp. also had a similar motion claiming that the adjudged attorneys fees
belong to it. Which motion will you grant?

ANSWER:

The attorneys fees awarded by the court is in the form of damages and should
belong to the client XYZ Corporation.

(B) A, after taking his oath as a lawyer in 1985. was maliciously charged
with the crime of seduction by Amor, his former girlfriend. Her parents instigated
the filing of the case. A appeared for and defended himself. In the decision
acquitting him, the court explicitly stated that he was a victim of malicious
prosecution. A then filed a complaint for damages and attorneys against Amor and
her parents. A likewise appeared for himself in the case. Can her recover
attorneys fees?

ANSWER:

No. Attorney A is not entitled to attorney's fees. He may, however, be

entitled to attorneys fees in the form of damages upon proof of bad faith of the
defendant and a definite ruling be made by the court on the claim.

VII

May a lawyer decline as appointment by the court as counsel de oficio for

an accused because he believes, and is fully convinced, that the accused is guilty
of the crime
charged?

ANSWER:

A lawyer may not decline an appointment as counsel de officio even if he is

convinced that the accused is guilty. It is his obligation to at least protect his rights.
He might even have him acquitted or at least reduce his penalty depending on the
evidence during the trial.

ALTERNATIVE ANSWER:

A lawyer cannot decline an appointment as counsel de officio because an

accused is entitled to counsel and refusal may lead to a situation where an accused
will be denied his right to counsel.

(B) Would your answer be the same if he is asked to be counsel for a

defendant in a civil case whose defense is based on falsified documents? If your
answer is different, explain the ethical considerations for the difference.

ANSWER:

If the defense in the civil case is based on falsified documents the lawyer
should decline.

That is in compliance with the lawyers oath that he should not wittingly nor
willingly promote or sue any ground-less false or unlawful cause or give nor
consent to the same. He is obligated not to delay a manis cause for money or
malice.
 VIII

Explain the meaning and ramifications of this statement:

The judge is an arbiter of law and a minister of justice."

ANSWER:

This statement is taken from a decision of the Supreme Court in Alonso vs.
Intermediate Appellate Court, 150 SCRA 259. It means that a judge should not
unfeelingly literally apply the law yielding like robots which may result in gross
injustice. He should interpret and apply the law for the main purpose of
administering justice.

What rule should guide a Judge in determining whether he should not

voluntarily inhibit himself in a case pending before him?

ANSWER:

The Rule is stated in the last paragraph of Rule 137, section 1 of the Rules
of Court which provides that in the exercise of his sound discretion a judge should
disqualify himself from sitting in a case, for just or valid reasons.

If there is any circumstance that might affect his impartiality, the judge
should exercise his sound discretion to inhibit himself from trying a case. As ruled
in Pimentel vs. Salanga, 21 SCRA 160, when suggestion is made of record that
he might be induced to act in favor of one party or with bias or prejudice against a
litigant arising of circumstances reasonably capable of inciting such a state of
mind, h e should conduct a careful examination and in good grace inhibit himself
where that case could be heard by another judge and where no appreciable
prejudice would be occasioned to others involved therein.

ALTERNATIVE ANSWER:

A judge may not be legally prohibited from sitting in a litigation. But when
the suggestion is made of record that he might be induced to act in favor of-one
party or with bias or prejudice against a litigant arising from circumstances
reasonably capable of inciting such a state of mind, he should conduct a careful
self-examination."

IX
 Lawyer W lost his ejectment case in the Municipal Trial Court. He appealed
the decision to the RTC which V, the judge thereof, affirmed through a
memorandum decision. He filed a motion for reconsideration praying that the RTC
should state the facts and the law on which its decision is based. Judge V denied
his motion. Instead of filing a Petition for Review, lawyer W filed an administrative
complaint against Judge V for breach of the Code of Judicial Conduct. What is the
liability of Judge V, if any?

ANSWER:

There is no breach of the Code of Judicial Conduct committed by the RTC

Judge. The memorandum decision rendered in an appeal from the Municipal Court
in its original jurisdiction officers carries with it the statement of facts found by the
Municipal Court which are deemed affirmed by the RTC judge. Memorandum
decisions are allowed on appeal.

In the Course of a petition for ball in a case for illegal possession of firearms
in furtherance of rebellion pending before him, judge AM (who has been long
frustrated with his work because he has not been appointed to the Court of Appeals
despite the strong recommendations of several Members of Congress) made
statements contrary to the rulings of the Supreme Court on the matter. He further
made utterances imputing bias to the Supreme Court in favor of the Administration
which, according to him, is the reason why all petitions for bail in similar cases
were denied despite the apparent weakness of the evidence for the prosecution.

A. What are the implications of Judge AM's actuations?

ANSWER:

The facts related in this question are similar to the case of Judge Jesus
Morfe of the Court of First Instance of Manila who had long been aspiring for an
appointment to the Court of Appeals. He held a contrary view from the decision of
the Supreme Court in People vs. Hernandez that all crimes are absorbed in a
lesser of crime of rebellion which he did so in his decision.

To maintain the stability of jurisprudence and an orderly administration of

justice to trial judge should render decisions in accordance with settled
jurisprudence set by the Supreme Court. If he feels that a law or doctrine
enunciated by the Supreme Court is against his conviction, he may state his
personal opinion on the matter but should decide the case in accordance with the
law or settled doctrine and not with his personal views. He may likewise
recommend remedial measures.

(A) The implications of Judge AM is actuations are that he could be

violating his oath of office of upholding the law and the Code of Judicial conduct to
administer his office with due regard to the integrity of the system of law. He could
also be violating his duty as a minister of justice under a government of laws and
not of men.

(B) Is he liable for disciplinary action? For what?

ANSWER:

The Judge can be liable for disciplinary action for violations of the Code of
Judicial Ethics.

XI

A complaint for rape against ZZ was filed by the father of Dulce, an 11-year
old girl, with the Municipal Trial Court of Bantayan, Cebu. After preliminary
examination of the offended party and the witnesses, Judge YY of said court
issued an order finding probable cause and ordering the arrest of ZZ without bail
ZZ was arrested and detained. He file: (1) a Waiver of Preliminary Investigation,
and (2) an Ex- Parte Motion to Fix Bail Bond. Judge YY granted the waiver and
forthwith elevated the records of the case to the RTC, which forwarded the same
to the Office of the Provincial Prosecutor.

Ten (10) days after the elevation of the records. YY, acting on the Motion
To Fix Bail, issued an order fixing the bail bond at P20.000.00. The father of Dulce
filed against YY an administrative complaint for ignorance of law. oppression,
grave abuse of discretion and partiality, if you were the executive judge of the RTC
designated to investigate the case and to make a report and recommendation
thereon, what would be your recommendation?

ANSWER:

The facts narrated in this case is similar to the decision of the Supreme
Court in 1989. The judge was found guilty of ignorance of the law for granting bail
despite the fact that he had already lost Jurisdiction after elevating the records of
the case to the Regional Trial Court.
 If I am the RTC Judge assigned to investigate the case I would recommend
the dismissal of the Judge for gross ignorance of the law.

XII

In the pre-trial during the plea bargaining of a criminal case for murder,
accused OA wanted to enter a plea of guilty to the lesser offense of homicide.
Private complainants agreed, but the Asst. Provincial Prosecutor hesitated,
reasoning that he still has to get the approval of the Provincial Prosecutor. The
pre-trial was cancelled and reset to a date, thirty (30) days after. On this hearing
date, the Asst. Provincial Prosecutor manifested that his request for approval of
accused OA is plea bargain was not acted upon by the Provincial Prosecutor. He
asked for a resetting of the pretrial, which was forthwith denied. Judge O, after
ascertaining that private complainants were amenable to accused OA is plea
bargain, proceeded to arraign him, then imposed the sentence for homicide. The
Asst. Provincial Prosecutor filed a petition for certiorari and an administrative case
against Judge O for grave abuse of discretion and ignorance of the law. Decide.

ANSWER:

Plea bargaining is now allowed under the rules of procedure. Although the
assistant provincial prosecutor may have objected to the prayer of the accused to
a lesser offense, it is within the discretion of the judge to accept said plea as a
measure towards speedy disposal of cases.

The petition for certiorari and the administrative charge against the judge
will not prosper.

ALTERNATIVE ANSWER:

There is grave abuse of discretion. This is forum shopping. Since a petition

for certiorari has already been filed, the administrative case should not have been
filed anymore. (Sec. 2 Rule 116).

XIII

CD, married to HR, sold their parcel of land located in Ayala Heights,
Quezon City to DX for the amount of
P500.000.00. The land is more particularly described in Transfer Certificate of Title
No. 45678 in the Registry of Deeds of Quezon City. The parties agreed that all
expenses for taxes, registration, transfer and association dues are for the account
of DX. Prepare the contract of sale. Use a fictitious name for the notary public. (Do
not specify the metes and bonds of the property; just state the TCT no. and the
location).

ANSWER:

DEED OF SALE OF REAL ESTATE

KNOW ALL MEN BY THESE PRESENTS:

CD, married to HR, Filipino citizens and residents of Ayala Heights. Quezon
City, hereinafter known as the VENDORS and DX, Married to Y, Filipino citizens
residents of No. 12 San Andres, Manila, herein after known as the VENDEES have
entered into this contract of sale as follows:

1. That the VENDORS are the owners in fee simple title of a parcel of
residential land containing an area of 1,000 square meters and covered by
Transfer Certificate of Title No. 45678 of the Registry of Deeds of Quezon City;

2. that for and in consideration of the sum of P500.000 duly

acknowledge and received by these presents, the VENDORS hereby sell, cede
and convey by way of absolute sale to the herein VENDEES, the aforesaid
described property;

3. That it is further agreed that all expenses for taxes, registration,

transfer and association dues are for the account of DX;

4. IN WITNESS WHEREOF we have hereunto set our signatures this

29th day of September 1991 in Quezon City.

DX CD
Vendee Vendor
With my marital consent: HR

Witness Witness

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

S.S Quezon City )

On this 29th day of September 1991 personally appeared before me CD,

HR, AND DX known to me to be the same persons who executed the foregoing
deed and acknowledged that it is their free act and voluntary deed and exhibiting
to me their Residence Certificates and Tax Account Numbers as follows:
 In Witness Whereof, I have-hereunto set my signature and seal on the day
above stated.

JUAN SATOS
Notary Public
My Commission expires
December 31, 1991

Doc. No. ;
Page No. ;
Book No. ;
Series of 1991.

XIV

A complaint for knowingly rendering an unjust Judgment was filed against

Judge X before the Provincial Prosecutors Office. Z, the investigating prosecutor,
found a prima facie case against X. Prepare the information. Omit the caption.

ANSWER:

Undersigned Fiscal charges Judge X of the Regional Trial Court of Manila

of the crime knowingly rendering unjust Judgment punishable under Article 204 of
the Revised Penal Code committed as follows:

That on or about August 1.1991, Judge X, Regional Trial Court of Manila

dismissed a charge of rape of a 12 year old girl filed against Juan on the basis of
an affidavit of desistance of the victim, knowing fully well that in the crime statutory
rape consent of the victim is invalid.

Contrary to law.

JUAN CRUZ
Assistant Fiscal

CERTIFICATION

I hereby certify that a preliminary investigation on this case has been

conducted by me in accordance with law; that I have examined the complainant
and his witnesses; that there Is a reasonable ground to believe that a crime has
been committed and the accused is probably guilty thereof; that the accused was
informed of the complaint and of the evidence submitted against him and was
given an opportunity to submit controverting evidence, and that the filing of this
information is with prior authority and approval of the City Fiscal.
Manila. September 1, 1991.

JUAN CRUZ
Assistant Fiscal

SUBSCRIBED AND SWORN to before me this 1st day of September 1991

in the City of Manila.

PEDRO SISON
City Fiscal

List of Witnesses
Bail Recommended P50.000.

XV

Jocot asks you to prepare a negotiable promissory note wherein the

promissory, Bryan, binds himself to pay a loan of P50.000.00 in five (5) equal
monthly Installments commencing on October 1991; payable not later than the
20th day of each month, with interest at ten percent (10%) per annum. He wants
you to include an acceleration clause, and stipulations regarding attorneys fees of
P5,000.00 in the event of suit to enforce the note and on venue of action which
shall only be in the appropriate court in Cebu City. Prepare the requested
promissory note.

Bryan failed to pay the promissory note referred to in letter a above. Jocot
decided to file a complaint against Bryan to enforce the note and hired the services
of George, a young lawyer, for that purpose. You are George, prepare the
complaint.

ANSWER:

A. I, Bryan, Filipino citizen, of legal age and resident of Manila promise

to pay JOCOT or order the sum of P50.000.00 in five equal installments
commencing on October 1, 1991, payable not later than the 20th day of each
month, with compounded interest at ten percent (10%) per annum; that in the event
of a suit to enforce the promissory note, I promise to pay P5.000 as attorneys fees;
and that said action shall be filed in an appropriate court in Cebu City.

Cebu City, September 1, 1991.

BRYAN
 B. REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
CEBU CITY

JOCOT, FOR SUM OFMONEY

Plaintiff, Civil Case No. 2
- versus -

BRYAN.
Defendants,
x-----------------------x

COMPLAINT

COMES NOW the plaintiff through the undersigned counsel and to this
Honorable Court, respectfully alleges,

1. That plaintiff, JOCOT is a Filipino citizen, married and resident of

Cebu City and defendant BRYAN, is a Filipino citizen and resident of No. 2
Osmea Street. Cebu City where he may be served with summons;

2. That on September 1, 1991, defendant executed a promissory note

in favor of the plaintiff in the amount of P50.000 to be paid within a period of five
months from October 1, 1991. A copy of said promissory note is hereto attached
as Annex of this complaint:

3. That the period of five months had already expired and defendant
failed to pay said promissory note;

4. That despite repeated demands both oral and written, defendant still
failed and refused to pay said promissory note;

5. That the plaintiff was constrained to file this suit to enforce said
promissory note engaging the services of counsel in the amount of P5.000;

6. That the amount due from defendant in accordance with said

promissory note is P50.000 plus compounded Interest of 10% per annum plus
attorney's fee in the amount of P5.000;

WHEREFORE, it is respectfully prayed that after due trial, defendant be

ordered to pay the plaintiff P50.000 plus compounded interest of 10% per annum
and P5.000 attorneys fees.
 GEORGE
Counsel for Plaintiff
PLT No. 5798
IBP OR No. 6790

XVI

Prepare an Affidavit of Good Faith in a Chattel Mortgage with A as

mortgagor. B as mortgagee, and Mabel Riza as the notary public.

ANSWER:

AFFIDAVIT OF GOOD FAITH

REPUBLIC OF THE PHILIPPINES )

) S.S.
City of Manila )

We, A as mortgager and B as mortgagee severally swear under oath the

foregoing chattel mortgage was executed by us for securing a good and valid
obligations and not for the purpose of committing fraud.

A B
Mortgager Mortgagee

SUBSCRIBED AND SWORN to before me this 1st day of September 1991

in the City of Manila affiants having exhibited me their Residence Certificate
Nos.__________ and
Tax Account Nos._______________________.

MABEL RIZA
Notary Public
My Commission expires
December 31, 1991.

Doc. No. ;
Page No. ;
Book No. ;
Series of 1991.
 1990 BAR EXAMINATION

Question No. 1:

Mrs. Amy Dizons husband was killed in a traffic accident. She wants to sue
the bus company for damages but she cannot afford a lawyer. She approached
Atty. Larry Rio who agreed to handle the case without any retainers fee or
expenses on her part, on the condition that in case of recovery of damages, he
shall get 33% of the award by the court.
Is this arrangement valid and permissible? Decide with reasons.

ANSWER:

In the recent case of Angel L. Bautista vs. Atty. Ramon A. Gonzales. Adm.
Matter No. 1625, February 12, 1990, the Supreme Court held that an agreement
as to attorney's fees which provides that the lawyer shall defray all the expenses
of the suit, is contrary to Canon 42 of the Canons of Professional Ethics which
provides that a lawyer may not properly agree with a client to pay or bear the
expenses of litigation (See also Tule 16.04, Code of Professional Responsibility).
The Court added that although a lawyer may in good faith, advance the expenses
of litigation, the same should be subject to reimbursement." And. an agreement
whereby an attorney agrees to pay expenses of proceedings to enforce the clients
rights is champertous" and against public policy especially where, as in this case,
the attorney has agreed to carry on the action at his own expense in consideration
of some bargain to have part of the thing in dispute."

The arrangement between Amy Dizon and Atty. Larry Rio, which provides
that the latter will handle the case without any retainers fee or expenses on her
part, can be taken to mean that the lawyer will carry out the case at his own
expenses without reimbursement. On the basis of the foregoing decision of the
Supreme Court, such an arrangement is invalid.

However, the contingent fee contract is not prohibited by law and is

impliedly sanctioned. A contingent fee is however closely supervised by the court
to safeguard the client from unjust charges, and its validity depends, in large
measure, upon the reasonableness of the amount fixed under the circumstances
of the case. A contingent fee of 33% of the amount of recovery may be reasonable
if the bus company fights the case until the Supreme Court and the litigation is
hard-fought and long drawn; It may be unreasonable If the bus company agrees
to compromise. But the fact that a contingent fee is unreasonable does not
preclude the lawyer from being paid his fees on quantum meruil basis.

Question No. 2:
 Your services as a lawyer are engaged by John Dizon to defend him from
the charge of malversation of public funds before the Sandiganbayan. John
confessed to you that he actually misappropriated the amount charged but he said
it was out of extreme necessity to pay for the emergency operation of his wife.

Will you agree to defend him? State your reason.

Answer:

I will agree to defend him, notwithstanding his confession to me that he

actually misappropriated the amount. Rule 14.01 of the Code of Professional
Responsibility provides that a lawyer shall not decline to represent a person be-
cause of his own opinion regarding the guilt of the person. One of the duties of an
attorney is that he should, in the defense of a person accused of a crime, by all fair
and honorable means regardless of his personal opinion as to guilt of the accused,
present every defense that the law permits, to the end that no person may be
deprived of life liberty but by due process of law. The burden of proof lies with the
prosecution and if the prosecution fails to discharge such burden, the lawyer can
always invoke the presumption of innocence for the acquittal of his client. If the
prosecution proves the guilt of the accused beyond reasonable doubt, the lawyer
can strive to lower the penalty by presenting mitigating circumstances, for he is not
necessarily expected to sustain the clients innocence. A lawyer is an advocate,
not a judge, and if he has rendered effective legal assistance to his client as
allowed by law, he can rightfully say that he has faithfully discharged his duties as
a lawyer, even if the accused is found guilty by the court.

Question No. 3:

1) A Judge seen having lunch with a litigant with a case pending before
him in a court. He was also seen at the racetrack placing his bet on certain horses.
How would you evaluate the behavior of the judge? Explain.

2) Discuss the propriety of a judge standing as sponsor at the wedding

of the son of the litigant his court?

Answer:

1) The judges behavior is highly improper. Canon 2 of the Code of

Judicial Conduct requires that a Judge should avoid impropriety and the
appearance of impropriety in all activities. Rule 2.01 of the same Code provides
that a judge should so behave at all times as to promote public confidence in the
integrity and impartiality of the Judiciary. His having lunch with a litigant with a case
pending before him in court violates such rule and gives the adverse party cause
to complain against his impartiality.
 His going to the race track to place a bet on certain horse puts the judiciary
personified by him in a bad light. For the personal behavior of a judge, not only
upon the bench but also in everyday life, should be above reproach and free from
the appearance of impropriety. His judicial office circumscribes his personal
conduct and imposes a number of restrictions, which he must observe faithfully as
the price he has to pay for accepting and occupying an exalted position in the
administration of Justice.

2) For reasons above stated, a judges standing as sponsor at the

wedding of the son of a litigant in his court is highly improper for it gives the
Impression, rightly or wrongly, that he is disposed to resolve the case in favor of
such litigant. Public confidence in the impartiality of the judge is eroded, and the
due administration of Justice suffers thereby. It is also a violation of the letter and
spirit of Rule 2.03 of the Code of Judicial Conduct which states that the prestige if
judicial office shall not be used orient to advance the private interests of others,
nor convey or permit others to convey the impression that they are in a special
position to influence the judge.

Question No. 4:

1) Would it be proper for (he judge to accept a donation of a lawyers

table and chairs for his sala from the local chapter of the Integrated Bar of the
Philippines (IBP)? Explain your answer.

2) May a judge properly solicit for his promotion the endorsement of

the local chapter of the IBP to the Judicial and Bar Council? Explain your answer.

Answer:

1) It would be proper for a Judge to accept the donation of a lawyers

table and chairs for his sala from the local chapter of the IBP because the donation
comes from an organization of lawyers whose duty, among others, is to help in the
proper administration of justice. Accepting the donation is not for the personal
benefit of the judge but for providing physical facilities for the administration of
justice, which is the concern by both the Judge and the IBP local chapter. What is
prohibited is accepting presents or donations from litigants or from particular
lawyers practicing before him.

2) A judge may not properly solicit for his promotion the endorsement
of the local chapter of the IBP to the Judicial and Bar Council because it will give
the impression that his promotion is not purely on merit, and the Judge may feel
beholden to the particular officers of the local chapter which may. in the future,
influence him in the disposition of cases handled by such officers as counsel for
litigants. Moreover, considering his position, the local chapter officers may not be
able to refuse such solicitation even if they believe that he is not qualified for
promotion. The judge should stand by his own ability, qualifications and fitness,
without exerting extra efforts on his part to influence the local chapter to indorse
his promotion. The local chapter should, on its own and without solicitation from
the judge. make its own assessment and appraisal of the judges qualifications and
fitness for promotion, and if it is convinced that the judge possesses the required
qualifications, it is the duty of the local chapter to make known such assessment
to the Judicial and Bar Council.

Question No. 5:

1) What would your comment be about a judge who. whenever he

promulgates a decision, invites representatives of the print and broadcast media
to his sala for the purpose of having the promulgation televised, and that in the
process, he gives interviews although he does not discuss his personal views on
the merits of the case? Explain your answer.

2) How far should the judge allow publicity of the proceedings and
decisions of his court? Explain your answer.

Answer:

1) The judge's conduct is improper. Canon II, Rule 2.02 of the Code of
Judicial Conduct provides that a judge should not seek publicity for personal
vainglory. A judge should conduct proceedings in court with fitting dignity and
decorum and in such a manner as to reflect the Importance and seriousness of the
inquiry to ascertain the truth. Allowing television coverage of the promulgation of
the decision would detract the dignity of the court proceedings, degrade the court
and create misconception in the public mind. His giving interviews, even if he does
not discuss his personal views on the merits of the case, has no other purpose
than to seek publicity for personal vainglory, which is prohibited.

2) A judge may allow publicity by letting his actuations as a Judge and

his decisions speak; for themselves, without any comment on his part. What makes
publicity improper is the employment of traditional dignity of court proceedings and
of the judge himself. Good, efficient, speedy and correct administration of justice
on his part has a way of publicizing itself and catching public attention, and the
publicity thereby generated is a normal by-product of efficient discharge of his
duties, which IS proper.
Question No. 6:

A lawyer charged his client P 10,000.00 for filing fees pertaining to the
complaint he filed in court. He actually spent only PI,000,00. He did not account
for the balance.

1) May his client charge him for misconduct as a member of the

Philippine Bar? Explain your answer.

2) Suppose that the lawyer should be charged, how and where should
the complaint be filed? Explain your answer.

Answer:

1) The client may charged his lawyer with misconduct for not
accounting for the balance of P9.000.00. It is well settled that where the client gives
his lawyer money for a specific purpose, such as to pay the docket fees for the
filing of an action in court, so much of the money not used for the purpose belongs
to the client and the lawyer holds it in trust for him. And it Is the lawyer's duty to
promptly account for all money received from his client. For this reason, the
lawyers failure to account for the balance of the money not spent for filing fees will
render him liable for misappropriation, which is a ground for disbarment.

2) The client may file a verified complaint for disbarment against his
lawyer. His verified complaint shall state clearly and concisely the facts complained
of and shall be supported by affidavits of person or persons having personal
knowledge of the facts therein alleged and/or by such documents as may
substantiate said facts. The client may file the complaint directly with the Supreme
Court, in which case at least 18 copies thereof shall be filed, and the Supreme
Court may refer the complaint to the IBP Board of Governors for appropriate action,
such as assigning the complaint to an investigator, or to the Solicitor General or
court officer or judge for investigation when the interest of justice requires. The
client may, however, file his complaint, in six copies, with the IBP Board of
Governors, which will then assign the case to an investigator for investigation, or
with the Secretary of a local chapter of the IBP, which will in turn transmit the same
to the IBP Board of Governors for assignment to an investigator. (Rule 139-B of
the Rules of Court).

Question No. 7:

Atty. Chito Sobretodo was retained by Buddy Capilla to handle his case in
the Securities and Exchange Commission. There is a tax angle so Sobretodo
consulted Atty. Romy Collado. a tax expert, and for his assistance shared 50% of
the retainer fees with Collado.
 Is this proper? Explain your answer.

Answer:

There is no impropriety in the sharing of attorneys fees with tax expert Atty.
Romy Collado. This is delegation of work and not delegation of a case. As long as
Atty. Sobretodo is responsible to his client. Buddy Capilla, even if he delegated the
research work to Atty. Collado, there is no impropriety in said arrangement. What
is prohibited by the Code of Professional Responsibility is splitting of Attorneys
fees with a non-lawyer.

Alternative Answer:

a) The propriety of Atty. Chito Sobretodo consulting Atty. Romy Collado

on the tax aspect of the case depends on the circumstances obtaining.

The attorney-client relationship existed between Atty. Chito Sobretodo and

Buddy Capilla only, and not with Atty. Romy Collado. If Atty. Romy Collado is an
assistant, associate or law partner of Atty. Chito Sobretodo and if the client. Buddy
Capilla. has not prohibited Atty. Chito Sobretodo from consulting his assistant or
law partner, then Atty. Chito Sobretodo can properly seek the services of Atty.
Romy Collado on the tax angle of the case. For the general rule is that the
employment of Atty. Chito Sobretodo as lawyer for Buddy Capilla is deemed a
retainer of any member of Atty. Sobretodos law firm. However, if Atty. Romy
Collado is an independent lawyer. Atty. Chito Sobretodo cannot properly consult
Atty. Romy Collado on the tax angle of the case without the consent of his client.
Buddy Capilla, because the consultation will involve revelation of the clients
secrets, privileged communications or affairs to a lawyer with whom he has no
attorney-client relationship. To do so without the clients consent will be to violate
the lawyer's duty to keep his client's confidences or affairs, secret or undisclosed.
Moreover, Rule 18.01 of the Code of Professional Responsibility provides that a
lawyer shall not undertake a legal service which he knows or should know that he
is not qualified to render, but he may render such service if. with the consent of his
client, he can obtain as collaborating counsel a lawyer who is competent on the
matter.
Since Atty. Collado has rendered services. Atty. Sobretodo can very well
share 50% of his fees with Atty. Collado, the matter of fee division being between
the two lawyers only because the client is not asked to pay additional amount for
Collados services as tax expert.

b) Division of fees among lawyers is allowed provided there is division of

labor and the client consents (Rule 20.02, Canon 20). Hence the sharing between
Sobretodo and Collado is proper provided the client's consent is obtained.

Question No. 8:
 In a civil case before the Regional Trial Court between Mercy Sanchez and
Cora Delano. Sanchez engaged the services of the Reyes Cruz & Santos Law
Offices. Delano moved for the disqualification of the Reyes Cruz & Santos Law
Offices on the ground that Atty. Cruz is an incumbent senator.

Rule on the motion with reasons.

Answer:

As a judge, I will require that the name of Atty. Cruz, an incumbent Senator,
be dropped from any pleading filed in court or from any oral appearance for the
law firm by any other member of the law firm, and should the law firm refuse, I will
disqualify the law firm. My reasons are as follows:

Article VI, Sec. 14ofthe 1987 Constitution provides that no Senator or

Member of the House of Representatives may personally appear as counsel
before any court of Justice or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies." What is prohibited is personal appearance of the
Senator. Atty. Cruz, and for as long as the Senator does not personally appear in
court for Mercy Sanchez, the prohibition does not apply. Personal appearance
includes not only arguing or attending a hearing of a case in court but also the
signing of a pleading and filing it in court. Hence, the Senator should not allow his
name to appear in pleadings filed in court by itself or as part of a law firm name,
such as Reyes Cruz and Santos Law Offices, under the signature of another
lawyer in the law firm, nor should he allow the firm name with his name therein to
appear as counsel through another lawyer, without indirectly violating the
constitutional restriction, because the signature of an agent amounts to a signing
by the Senator through another lawyer is in effect his appearance, the office of
attorney being originally one of agency, and because the Senator cannot do
indirectly what the Constitution prohibits directly. The lawyer actually appearing for
Mercy Sanchez should drop the name of Atty. Cruz from any pleading or from any
oral appearance in court, otherwise the law firm could be disqualified. Moreover,
Rule 6.02 of the Code of Professional Responsibility prohibits a lawyer in
government from using his public position to promote or advance his private
interests, and the Senators name appearing in pleadings or in appearances by
other lawyers in the law firm may be misconstrued as indirectly influencing the
judge to decide the case in favor of the law firms client, which can only be avoided
by dropping the name of the Senator from the firm name whenever it appears in
court.
Alternative Answer:

a) The motion to disqualify the Reyes Cruz and Santos Law Offices
may not prosper as Article VI, Section 14 of the Constitution prohibits a Senator or
Member of the House of Representatives to personally appear as counsel in any
court of justice. If Attorney Cruz who is a Senator personally appears, he may be
disqualified.

b) I will deny the motion. The Constitution prohibits personal

appearance by a member of Congress before the Courts but does not totally
prohibit law practice. As long as the Senator does not personally or physically
appear in court, there is no disqualification.

Question No. 9:

1) Prepare a complaint for the collection of a sum of money in behalf

of your client Jose Santos against Pedro Luz for the amount of P50.000.00 based
on a promissory note. Omit caption and title, and do not sign or use your name as
counsel. Use a fictitious name.

2) Prepare an answer as counsel for Pedro Luz denying the validity

and due execution of the promissory note and, if at all, alleging payment. Again
omit caption and title, and use fictitious name.

Answer:

COMPLAINT

COMES NOW the plaintiff JOSE SANTOS through the undersigned

counsel in the above-entitled case and to this Honorable Court respectfully alleges.

1. That JOSE SANTOS is a Filipino citizen of legal age and married

residing at No. 3 Sta. Cruz St.. Manila and that PEDRO LUZ. the defendant is a
Filipino citizen of legal age and residing at No. 10 Arlegui Street. Manila where he
may be served with summons;

2. That on August 1. 1990 PEDRO LUZ executed a promissory note in

favor of herein plaintiff* in the amount of P50.000.00 payable within 30 days from
the date of the promissory note which reads as follows;

Manila. Philippines
1 August 1990

I promise to pay PEDRO LUZ the sum of P50.000.00 or order within 30

days from this date.

JOSE SANTOS"

(Copy of said promissory note is attached hereto and made an integral part
hereof as Annex A")
 3. That the 30-day period had elapsed and despite demands orally and
in writing by the plaintiff, defendant refused and failed to pay the amount stated in
the promissory note.

4. That due to the unjust and unlawful refusal of defendant to comply

with the demands, plaintiff was compelled to file the instant action engaging the
services of counsel in the amount of PI0,000.00.

WHEREFORE, it is respectfully prayed that after due trial judgment be

rendered against defendant to pay the sum of P50.000.00 plus interest and
attorneys fees and such other reliefs, this Honorable Court may deem Just.

Manila, August 30. 1990

PETER YAN
Counsel for the Plaintiff
P.T.R. No. 5983
dated January 5, 1990 IBP
O.R No. 79890.
January 5, 1990
562 Escolta, Manila

2)
ANSWER

COMES NOW the defendant in the above entitled case through

undersigned counsel and to this Honorable Court respectfully alleges:

1. That he admits paragraph 1 of the complaint;

2. That he denies the allegations in paragraphs 2 & 3 of the complaint

as he never signed any promissory note in favor of the plaintiff.

3. That he has no sufficient knowledge to form a belief as to the truth

of the allegations in paragraph 4 of the complaint and therefore denies them.
AS COUNTERCLAIM

4. That due to the filing of the entirely baseless and unjustified

complaint without any valid cause of action, defendant's reputation was destroyed
causing him sleepless nights and mental stress, suffering mental and moral
damages in an amount to be assessed by the Honorable Court;

5. That the defendant in order to defend himself from the unfounded

suit had to engage the services of counsel in the amount of P20.000.00.
 WHEREFORE, it is respectfully prayed that the complaint be dismissed and
defendant be allowed to intro-duce evidence on his counterclaim or menial and
moral damages and to collect such amount including attorneys fees.

Manila, Philippines, October 1, 1990.

PERICLES SANTO
Counsel for the Defendant
PTR OR No. 7778
IBP OR No. 9784
562 Escolta, Manila

VERIFICATION

PEDRO LUZ. of legal age, after having been duly sworn, deposes and says:
That he is the defendant in the above entitled case; that he caused the
preparation of the above answer; that he has read the allegations thereof and the
same are true and correct of his own knowledge; and that the signature in the
promissory note attached to the complaint and purporting to be his signature is not
his signature and such signature is a forgery, he not having executed said alleged
promissory note.

WITNESS my hand this 1st day of October, 1990.

PEDRO LUZ

SUBSCRIBED AND SWORN to before me this 1st day of October, 1990 at

Manila, affiant exhibiting to me his Residence Certificate No. 123456 issued in
Manila on January 15. 1990.

Notary Public
Until Dec. 31, 1990
IBP No. 54689 issued
on June 15, 1990 at Pasig
PTR No. 98590 issued on
January 20, 1990 at
Manila.

Doc. No. 25
Page No. 6
Book No. I
Series of 1990

WHEREFORE, it is respectfully prayed that the information be quashed and

the Accused be released immediately from detention.
Manila, Philippines, October 1, 1990.

JUAN TAMAD
Counsel for the Accused
PTO No. 77756
IBP No. 57789
562 Escolta St.,
Manila

NOTICE OF HEARING

The Clerk of Court

Regional Trial Court of Manila
Branch 47

Please set the foregoing Motion to Quash for hearing on Friday, October
5,1990 at 9;00A.M. or as soon as counsel may be heard.

JUAN TAMAD

Copy Furnished

City Prosecutor
City Hall, Manila

1989 BAR EXAMINATION

Question No. 1:

(1) How may a proceeding for disbarment, suspension or discipline of

attorneys be instituted?

(2) Under the grievance procedures in Rule 139-B of the Rules of Court,
may judges be investigated by the Integrated Bar of the Philippines? Explain.

Answer:

(1) A proceeding for disbarment, or suspension or discipline of

attorneys may be taken by the Supreme Court, the Court of Appeals or the
Regional Trial Court, on its own motion, or upon complaint under oath of another
in writing. The Integrated Bar of the Philippines may investigate the matter and
recommend to the Supreme Court the disbarment and suspension from the
practice of law of the erring lawyer.
 (2) Judges may not be investigated under the grievance procedure in
Rule 139-B of the Rules of Court. Complaints against judges are filed with the
Supreme Court which has administrative supervision over all courts. This was the
ruling of the Supreme Court in a minute resolution in reply to the letter of acting
Presiding Justice of the Court of Appeals Rodolfo Nocon 03 January 1989.

Question 2:

Gretels residence in Makati village was foreclosed by Joli Bank. Armed with
a writ of possession issued by the lower court, the sheriff and Joli Banks lawyers
evicted Gretel and padlocked the house. A restraining order issued by the Court
of Appeals which Gretel showed the sheriff was disregarded. Gretel requested
Hansel, an attorney who lives in the same village, to assist her in explaining the
restraining order, since Gretels counsel of record was out of town. The discussion
on the restraining order was conducted on the sidewalk along Gretels house. The
village security guards were attracted by the commotion brought about by the
discussion, so they called the Makati Police and the CAPCOM who responded
immediately. The CAPCOM colonel, who arrived at the scene with his troop took
it upon himself to open the house and declare Gretel as the rightful possessor. The
colonel invited Gretel and Hansel to enter the house. Five days later, Hansel was
made a co-respondent (together with Gretel) in a complaint for trespass to dwelling
filed by Joli Banks lawyers before the Makati Fiscals office.

Discuss the propriety of the act of Joli Banks lawyers, considering that all
lawyers are mandated to conduct them-selves with courtesy, fairness and candor
toward their professional colleagues and to avoid harassing tactics against
opposing counsel.

Answer:

Considering that there was a restraining order issued by the Court of

Appeals, it was proper for Gretel to take steps to maintain possession of his
residence with the assistance of Hansel as lawyer.

It was not proper for the Joli Banks lawyers to file an action of trespass to
dwelling against Gretel and lawyer Hansel. Canon 8 of the Code of Professional
Responsibility provides that a lawyer shall conduct himself with fairness and
candor towards his professional colleagues and shall avoid harassing tactics
against opposing counsel.

Question No. 3:
 Robert, your childhood friend, has been accused of a criminal offense. You
have agreed to handle his defense for a sum which is below your usual billing rate.
Robert s alibi appears to be credible, being backed up by two witnesses who are
also known to you. During the trial, Robert joined a Christian movement and
became an active participant. He then confessed to you that he, in fact, committed
the crime. What will you do? Explain your answer.

Answer:

I, as the lawyer, shall still defend Robert at least to protect his rights. Canon
14 Rule 14.01 provides that a lawyer shall not decline to represent a person even
if he knows that he is guilty of a criminal offense. I may advise him to plead guilty
to the offense and find out if there are mitigating circumstances in his favor. In case
he refuses to plead guilty I am still bound to defend him at least to protect his rights
within the lawful procedures.
Question No. 4:

(1) Does the client have the right to dismiss his lawyer at any time?
Explain your answer.

(2) Does the client have the right to hire another lawyer as collaborating
counsel at any time? Explain your answer.

(3) When can a lawyer validly withdraw as counsel? Explain your

answer.

Answer:

(1) Yes, the client has the right to dismiss his lawyer anytime with or
without cause. The reason is that a lawyers employment is strictly personal and
highly confidential in nature. The clients loss of confidence in his lawyer deprives
the relation of that special element of trust.

(2) Yes, the client has the right to hire another lawyer as collaborating
counsel anytime. It is the prerogative of the client to employ as many attorneys as
he may desire to protect his interest.

(3) A lawyer can validly withdraw as counsel for good cause and upon
notice. Canon 22, Rule 22.01 provides that a lawyer may withdraw his services in
any of the following cases:

(a) When the client pursues an illegal or immoral course of

conduct in connection with the matter he is handling;

(b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
 (c) When his inability to work with co-counsel will not promote
the best interest of the client;

(d) When the mental or physical condition of the lawyer renders

it difficult for him to carry out the employment effectively;

(e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.

Question No. 5:

(1) You are a young, brilliant and promising lawyer. Unfortunately, these
qualities do not seem to attract as many clients as you wish. Your friend suggested
that you advertise. He just arrived from the States and has seen print and television
advertisements of lawyers. What kind of advertising, if any, can you do? Explain
your answer.

Atty. Dulcinea writes a regular column in a newspaper of general circulation

and articles on unforgettable legal stores in a leading magazine. Her by-line always
includes the name of her Firm where she is a name partner. Would you consider
this as improper advertising? Explain your answer.

Answer:

(1) There must be a written motion filed by the lawyers with the consent
of the client and approval by the court. The ethics of the profession forbids a lawyer
to solicit professional employment by circulars, advertisements. Even indirect
advertisements for professional employment offend the traditions and lower the
dignity of the legal profession. The lawyer may make announcement of true,
honest, fair, dignified and objective information or statement of facts (Canon 3).

(2) Atty. Dulcineas by-line including the firm name where she belongs
is improper because it is an indirect way of solicitation or is an advertisement of
the law firm.

Question No. 6:
 The agreement between the estranged husband and wife provided for,
among others, the liquidation of the conjugal partnership of gains, custody of the
children, and support for the children. In the same agreement, the couple waived
the right to prosecute each other for bigamy, adultery, concubinage and whatever
acts of infidelity. There was also a condonation provision. The agreement was
prepared and notarized by a lawyer who was the best man at the wedding. What
are the liabilities, if any, of this lawyer? Explain your answer.

Answer:

The document executed by the spouses is immoral and contrary to law. The
lawyer who drafted and notarized all said documents committed malpractice and
can be disbarred or suspended. Although the principal duty of the notary public is
to ascertain the identity of the parties and the voluntariness of the declaration, it is
nevertheless incumbent upon him to guard against any illegal or immoral
agreement.

Question No. 7:

(1) Discuss briefly your understanding of the relationship between an

attorney and his client.
(2) How is such a relationship created? Explain your answer.

Answer:

(1) The relationship between an attorney and client is fiduciary,

confidential and personal. By virtue thereof, the lawyer owes fidelity to the cause
of his client and he shall be mindful of the trust and confidence reposed in him.

(2) The attorney and client relationship is created by implied or express

contract. The relationship is also created if he is a court appointed counsel.

Question No. 8:

(1) Does the mistake of an attorney bind his client? Explain your
answer.

(2) Does the negligence of an attorney bind his client? Explain your
answer.

Answer:
 (1) Yes, mistakes of an attorney bind his client. This consequence is
based on the rule that any act performed by the lawyer within the scope of his
general and implied authority is regarded as the act of his client.

(2) Likewise, the negligence of the counsel also binds the client. Under the
system of advocacy, the client has to bear the adverse consequences of the
mistake and negligence of his counsel and may not be heard to complain that the
result might have been different had he proceeded differently.

An exception, however, may be applied if the mistakes or negligence is so

gross that injustice may have resulted.

Question No. 9:

(1) Discuss briefly the grounds for disqualification or inhibition of judges

to try
a case.

(2) A judge rendered a decision in a criminal case finding the accused

guilty of estafa. Counsel for the accused filed a motion for reconsideration which
was submitted without arguments. Later, another lawyer entered his appearance
for the accused. The judge issued an order inhibiting himself from further sitting in
the case because the latter lawyer had been among those who recommended him
to the Bench. Can the judge's voluntary inhibition be sustained?

Answer:

(1) Under Rule 137 Section 1 of the Rules of Court, a judge is

disqualified to sit in every case in which he, or his wife or child, is pecuniarily
interested as heirs; legatee, creditor, or otherwise, or in which he is related to either
party within the sixth degree of consanguinity or affinity, or to counsel within the
fourth degree computed according to the rules of civil law or in which he has been
executor, administrator, guardian, trustee or counsel, or in which he has presided
in any inferior court when his ruling or decision is the subject of review, without the
written consent of all parties in interest, signed by them and entered upon the
record. This rule enumerates the grounds under which a judge is legally
disqualified from sitting in a case, and excludes all other grounds not specified
therein. The judge may, however, in the exercise of his sound discretion, disqualify
himself from sitting in a case, for just or valid reasons other than those mentioned
above.
 Under said rule, the judge may voluntarily inhibit himself from sitting in a
case, for just and valid reasons other than those mentioned in the rule.

(2) The judge may not voluntarily inhibit himself by the mere fact that a
lawyer recommended him to the Bench. In fact, the appearance of said lawyer is
attest as to whether the judge can act independently and courageously in deciding
the case according to his conscience. Inhibition is not allowed at every instance
that a friend, classmate, associate or patron of a presiding judge appears before
him as counsel for one of the parties to a case. Utang na loob, per se, should not
be a hindrance to the administration of justice. Nor should recognition of such value
in Philippine society prevent the performance of ones duties as judge, x x x.
(Masadao and Elizaga Re: Criminal Case No. 4954-M; 155 SCRA 78- 79).
However, in order to avoid any suspicion of partiality, it is better to the judge to
voluntarily inhibit himself.

Question No. 10:

An RTC judge was designated as member of a Provincial Committee on

Justice created pursuant to Presidential Executive Order No. 856. The provincial
committees on justice were created to ensure the speedy disposition of cases of
detainees. Among the functions of the committee are: (1) receive complaints
against any apprehending officer, jail warden, fiscal or judge who may be found to
have committed abuses in the discharge of his duties and refer the same to the
proper authority for appropriate action; and (2) recommend revision of any law or
regulations which is believed prejudicial to the proper administration of justice.

This committees are under the supervision of the Secretary of Justice.

Before accepting the designation, the judge requested for the issuance of a
resolution authorizing him to accept their appointment. Can the request be
granted? Why?

Answer:

In Re: Designation of Judge Rodolfo Manzano, Regional Trial Court of

Ilocos Norte as member of the Provincial Committee on Justice, the Supreme
Court ruled that Judge Manzano should decline said designation because he will
be performing non-judicial functions in violation of the Constitution. The Committee
in fact has to submit reports and recommendation to the Secretary of Justice who
is in the executive branch. It violates the principle of separation of powers.

In view thereof the request of the RTC judge may not be granted.
Question No. 11:

Huey Company and Dewey Corporation are both retainer clients of Atty.
Alvarez. He is the Corporate Secretary of Huey Company. He represents Dewey
Corporation in three pending litigation cases. Dewey Corporation wants to file a
civil case against Huey Company and has requested Atty. Alvarez to handle the
case.

(a) What are the options available to Atty. Alvarez? Explain your
answer.

(b) If you were Atty. Alvarez, which option will you take? Explain your
answer.

Answer:

(a) Considering that both Huey Company and Dewey Corporation are
his retainer clients, Atty. Alvarez should exert efforts to effect an amicable
settlement of the civil case.

The other option is for Atty. Alvarez to inhibit himself from filing the civil case
of the Dewey Corporation against the Huey Company as he might be appearing
for conflicting interests.

(b) If I were Atty. Alvarez, I shall take as first option the amicable
settlement of the case. This is in compliance with the obligation of the lawyer to
discourage lawsuit. In the event that an amicable settlement is not concluded, I
shall inhibit myself from filing the civil case in order to avoid appearing for
conflicting interests.

Question No. 12:

Judge Masungit convicted the accused. The Supreme Court remanded the
case to the trial court for new trial. The counsel for the accused petitioned the
Supreme Court that the new trial be held before another judge because Judge
Masungit had formed a prejudice against the accused. The petition was denied.
The counsel for the accused then asked Judge Masungit to inhibit himself but
Judge Masungit refused. A few days before the trial, the counsel for the accused
filed an urgent motion seeking to disqualify Judge Masungit. Judge Masungit held
the counsel for the accused in contempt.
Was Judge Masungit correct in citing the counsel for the accused in
contempt? Explain your answer.

Answer:
 Judge Masungit committed an error in holding in contempt of court the
counsel for the accused for his motion to disqualify the judge in the case for new
trial.

While it may be true that the ground for disqualifying the judge for his ruling
before the motion for new trial was granted may not be a valid ground for
disqualifying the judge from sitting in the case, the judge should not consider it an
offense which will amount to contempt of court if counsel for the accused moves
for his disqualification.

The Supreme Court set guidelines on the matter of inhibition of judges in

Pimentel vs. Salonga, 21 SCRA 160 that all judges should pay attention to the
appropriate guidelines in a situation where their capacity to try and decide fairly
and judiciously comes to the fore by way of challenge from any one of the parties.
A judge may not be legally prohibited from sitting in a litigation, but, when a
suggestion is made of record that he might be induced to act in favor of one party
or with bias or prejudice against a litigant arising out of circumstances reasonably
capable of inciting such a state mind, he should conduct a careful self-examination.
He should exercise his discretion in a way that the peoples faith in the courts of
justice is not impaired.

Question No. 13:

Gabriel, married to Bonita, wants to sell a residential lot in Ayala Alabang to

Anastacia, a widow. The property is covered by Transfer Certificate of Title No.
1434477 and consists of 1,500 square meters, more or less. The agreed purchase
twice is Five Thousand Pesos (P5,000.00) per square meter. The parties also
agreed on other matters such as payment of taxes, registration and transfer fees,
and village association dues.
Prepare the appropriate contract together with the notarial page. Do not use your
name as notary public.

Answer:

DEED OF ABSOLUTE SALE OF REAL PROPERTY

KNOW ALL MEN BY THESE PRESENTS:

That I, GABRIEL, married to Bonita, Filipino citizen, of legal age, and

resident of 261 R. Hidalgo St., Quezon City, herein after known as VENDOR and
ANASTASIA, widow, Filipino citizen, of legal age and resident of 262 R. Hidalgo
St., Quezon City, hereinafter known as VENDEE, hereby execute this document,
 (1) That the VENDORS are the absolute owners of a residential lot in
Ayala Alabang, with an area of 1,500 square meters covered by Transfer
Certificate Title No. 1434477, Registry of Deeds of Rizal;

(2) That for and in consideration of the sum of FIVE THOUSAND

PESOS (P5,000.00) per square meter or a total of P2,500,000.00 receipt of which
we hereby acknowledged by these presents, we hereby sell, transfer and convey
to the VENDEE ANASTASIA the aforesaid described parcel of land together with
all improvements thereon;

(3) That the VENDORS undertake to pay all taxes, registration and
transfer fees while the VENDEE shall pay the village association dues.

IN WITNESS WHEREOF, we hereunto sign this deed of absolute sale at

Ayala Alabang, Province of Rizal on this 24th day of September 1989.

ANASTASIA GABRIEL
Vendee Vendor

With my marital consent:

BONITA

Witnesses

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF RIZAL ) S.S.
ALABANG, MUNTINLUPA )

On this 24th day of September 1989 in Alabang, Province of Rizal

personally appeared before me, to me known, and known to me to be the same
persons who executed the foregoing Deed of Sale Gabriel and his spouse Bonita
with Residence Certificate Nos. 12345 and 6789 respectively issued at Pasig,
Rizal on January 5, 1989 and Tax Account No. A47896 and Anastasia with
Residence Certificate No. 76543, issued at Quezon City on January 5, 1989 and
Tax Account No. 7475.

Witness may hand and seal on the date aforementioned.

JUAN CRUZ
Notary Public
My commission expires
December 31, 1989.
I.B.P. No. 12345
P.T.R. No. 12345
Doc. No. 1
Page No. 15
Book No. I
Series of 1989

Prepare an information charging the accused with bigamy. Assume all

necessary details. Do not use your name.

Answer:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH I, MANILA

PEOPLE OF THE PHILIPPINES

Plaintiff
Crim. Case No. 1
For Bigamy
- versus -

JUAN CRUZ
Accused

INFORMATION

Undersigned Fiscal accuses JUAN CRUZ of the Crime of Bigamy

committed as follows:

That on or about August 10, 1989, in the City of Manila, Philippines, the said
accused, being then legally married to Petra de Jesus and without such marriage
having been legally dissolved said marriage still existing and valid, did there and
willfully, unlawfully and felicitously contract a second marriage with Elizabeth Sison
in the City of Manila.

Contrary to law.

DOMINGO PEREZ
Fiscal

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that preliminary investigation in this case had been

conducted by me in accordance with law; that I have examined the complainant
and her witnesses; that there is reasonable ground to believe that the offense
charged had been committed; and that the accused is probably guilty thereof; that
the accused was informed of the complaint and of the evidence submitted against
him and was given the opportunity to submit controverting evidence; and that the
filing of this information is with the prior authority and approval of the City Fiscal.

DOMINGO PEREZ
Assistant Fiscal

Bail recommended P10,000.00.

Question No. 14:

You are the lawyer of the plaintiff in a collection case. The defendant, in his
answer, admitted the material allegations of your complaint.

Prepare a motion for judgment on the pleadings. Omit Caption and Title.
Assume all necessary details. Do not use your name.

Answer:

MOTION FOR JUDGMENT ON THE PLEADINGS

COMES now the plaintiff through the undersigned counsel in the above
entitled case and to this Honorable Court respectfully alleges:

1. That on September 1, 1989, plaintiff filed a complaint for sum of

money in the amount of P50,000.00 against the defendant;

2. That in his answer, defendant admitted the obligation, but that he

was asking for an extension of time to pay his obligation and instead the herein
complaint was filed;

3. That said answer admits the material allegations of the complaint

and has not tendered any issue;

4. That in view thereof, a judgment on the pleadings can be rendered.

WHEREFORE, it is respectfully prayed that this Honorable Court render

judgment on the pleadings.

Manila, Philippines, September 24, 1989.

MANUEL PEREZ
Counsel for Plaintiff 32 Melvar,
Manila
 NOTICE OF HEARING

To Atty. Pedro Cruz

261 R. Hidalgo, Manila

Please be notified that the foregoing motion is set for hearing on Friday,
September 29, 1981 at 8:30 a.m. or as soon thereafter as counsel may be heard.

MANUEL PEREZ
Copy furnished:

Atty. Pedro Cruz

261 R. Hidalgo, Manila

Question No. 1:

a) What is the first and most important duty of an attorney? Why?

b) How should a lawyer view representation of the poor, the

marginalized, and the oppressed before our courts of justice? Explain.

Answer:

a) The first and most important duty of the lawyer is his duty to the
court. The reason is that the attorney is an officer of the court. He is an officer of
the court in the sense that his main mission is to assist the court in administering
justice. His public duties takes precedence over his private duties.

b) As an officer of the court the lawyer has the duty of representing the
poor, the marginalized and the oppressed without expecting to be compensated
for his services. One of the main duties of the lawyer is to maintain the rule of law.
The rule of law cannot be maintained of the poor, the oppressed or marginalized
are not afforded legal services to protect their rights against the rich and the
privileged. The lawyer should not consider it as a duty and not as a charitable work.

Question No. 2:

An attorney-client relationship starts from the moment the attorney is

engaged or retained.

a) Discuss briefly the different types of fee arrangements an attorney

may enter into with his client.
 b) In the absence of such a fee arrangement, hpw would the services
of an attorney be compensated? Explain.

c) What is a champertous contract? What is its effect in this

jurisdiction? Why?

Answer:

a) The following are the types of fee arrangements:

1. Retainers fee where lawyer is paid for services for an agreed
amount for the case.

2. The lawyer agrees to be paid per court appearance.

3. Contingent fee where the lawyer is paid for his services

depending on the success of the case. This applies usually in civil suits for
money or property where the lawyers fee is taken from the award granted
by the court.

4. Attorney de Ojicio. The attorney is appointed by the court to

defend the indigent litigant in a criminal case. The client is not bound to pay
the attorney for his services although he may be paid a nominal fee taken
from a public fund appropriated for the purpose.

5. Legal Aid. The attorney renders legal services for those who
could not afford to engage the services of paid counsel.

6. Quantum merit basis. If there is no specific contract between

the lawyer and the client, the lawyer is paid on quantum merit basis that is
what the lawyer deserves for his services.

b) In the absence of a fee arrangement, the lawyer is paid on a

quantum merit basis. The factors to be taken into consideration in determining the
amount are:

1. The amount and character of the services rendered;

2. The labor, time and trouble involved;

3. The nature and importance of the litigation or business in

which the services were rendered;

4. The amount of money or the value of the property affected by

the controversy involved in the employment;
 5. The skill and experience called for in the performance of the
services;

6. The professional character and social standing of attorney;

7. The results secured; and

8. Whether or not the fee is absolute or contingent. (Delgado vs.

dela Rama, 43 Phil. 499; Panis vs. Yangco, 52 Phil. 499; de Guzman
Visayan Rapid Co., 68 Phil 643.)

c) A champertous contract is where the attorney agrees to prosecute

the case at his own expenses for the recovery of property or money for the client,
the latter agree to pay the attorney from a portion of property on money awarded.

Champertous contracts are void in this jurisdiction as contrary to public

policy for the reason that it encourages unnecessary litigation. In a champertous
contract, the lawyer is encouraged to solicit cases.

Question No. 3:

Atty. J. Bonanza, a semi-retired Metro Manila practitioner has a cattle ranch

in the remote municipality of Carranglan, Nueva Ecija. He attends to his law office
in Manila on Mondays, Tuesdays, and Wednesdays, and the rest of the week he
spends in his cattle ranch riding horses.

In a criminal case pending before the Municipal Trial Court of Carranglan,

the only other licensed member of the bar in the place is representing the
complainant. The accused is a detention prisoner. The judge wants to expedite
proceedings.

a) What must the judge do to expedite proceedings?

b) If Atty. Bonanza is requested to act as counsel for the accused,

could he or should he refuse by saying that in the province, he wants to do nothing
except ride horses and castrate bulls? Explain.

Answer:

a) The judge may appoint attorney Bonanza as counsel de oficio

considering that the accused is a detention prisoner and therefore it is assumed
that he has no financial means of engaging a paid counsel.

b) The attorney cannot refuse to be appointed as counsel de oficio

merely on the reason that he is a semi-retired practising lavyyer. Precisely one of
the reasons for the integration of the bar on the Philippines is to compel all person
who have been admitted to the practice of law in the Philippines to perform their
duties to assist the courts in the administration of public.

Question No. 4:

a) Hessy Prado is a successful law practitioner in Metro Manila with

clients all over the country. He has a cousin who practices law in Davao where he
(Atty. Prado), likewise, has some clients. Meeting each other in a national
convention of lawyers, Atty. Prado proposed to his cousin referrals of cases from
time to time in exchange for a certain percentage of the fees.

1. Is the proposal proper? Explain.

2. If your answer is in the negative, under what type of

arrangement can the proposal be considered proper? Explain.
b) Abad and de los Reyes, both lawyers, and Salazar, a certified public
accountant, in order to enhance their respective practice, desire to pool their
resources together and establish a partnership for the combined purposes of law
and accounting practice under the firm name of Abad, de los Reyes, Salazar &
Associates.
Is the proposed partnership allowed? Reasons.

Answer:

a) 1. The proposal of Hessy Prado is improper. A lawyer may not

delegate his duties to other lawyers without the consent of his client. The attorney
and client relationship is personal based on trust and confidence. Moreover, the
canons prohibit division of attorneys fees without division of work.

b) The partnership is improper. Lawyers should not associate with non-

lawyers in the practice of their profession. The mission of an attorney is to assist
courts in the administration of justice while accounting practice is mainly based on
business. Moreover, the accountants are not bound by with canons of legal ethics.

Question No. 5:

a) Under what instances or circumstances may an attorney be

permitted to withdraw as counsel for his client?

b) You are counsel for Don Juan Roxas who is a wealthy businessman
residing in Forbes Park. While he never questions your bill for legal services, he
never pays you on time, and subjects you to the indignity of having to personally
call him up at least seven times before he pays his bills. This, needless to say,
irritates you no end.

Are you justified in withdrawing from acting as counsel for Don Juan Roxas?
Explain.

Answer:

a) An attorney may withdraw as counsel of a client on the following

grounds:

1. When the client pursues an illegal or immoral course or

conduct in connection with the case he is handling,

2. When the client insists that the lawyer pursue conduct

violative of these canons and rules;

3. When his inability to work with co-counsel will not promote

the best interest of the client;

4. When the mental or physical condition of the lawyer renders

it difficult for him to carry out the employment effectively;
5. When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement; and

6. The lawyer may also withdraw from the case if he finds out
that he might be appearing for a conflicting interest.

In all the above cases, the lawyer must file a written motion
with the express consent of his client and must wait for the approval
of the court,

b) Yes, I am justified in withdrawing from the case but it should be with

the express consent of Don Juan Roxas and the approval by the court. One of the
valid reasons for withdrawal of counsel is when the client deliberately fails to pay
attorneys fees for sendees rendered. In the case in question, Don Juan Roxas
has all the financial means to pay the attorneys fees agreed upon. It is certainly
degrading on the lawyer to practically beg for the payment of attorneys fees for
services rendered.

Question No. 6:

A known grafter in the government approaches you for the purpose of

organizing a corporation to engage in the general construction business
principally to participate in public bidding for road and bridge constructions. He
requests you and your law partners to be the incorporators because he does not
want his name to appear in the articles of incorporation.

a) Will you accept the engagement? Why or why not?

b) May a lawyer criticize a decision of the court? Explain.

Answer:

a) I will not accept the engagement for three reasons. In the first place,
the person is a known grafter. He is engaging my services not as an attorney but
for a business transaction. The legal profession is not a business but a noble
mission to assist in the administration of justice. In the second place, knowing him
to be a grafter, he might be using my law partnership only as a front for the purpose
of committing graft and corruption. In the third place, I will be illegally and
unethically associating my legal profession with a business venture which is not
proper.

b) Yes, a lawyer may criticize a decision of the court but on legal

grounds and with respectful language. The lawyer in the course of the criticism
should not slander the judge or attack his personality to the extent of degrading
the dignity and respect due to court of justice. If the lawyer has evidence on the
personal behavior of the judge he must file administrative charges against him.

Question No. 7:

In a prosecution for murder against a ranking army officer, the latter

engaged the services of Atty. Carlos Malilin, a well-known trial lawyer, to whom the
officer in one of their conferences disclosed a plan to eliminate or salvage
i.e., kill or otherwise cause to disappear the only witness, a fellow military officer,
through a contrived traffic or highway accident.

a) What are the legal and moral obligations of Atty. Carlos Malillin t.o
his client and to the authorities, under the given circumstances?

b) Should the planned accident take place and the only witness for
the prosecution be killed as a result, is Atty. Carlos Malillin under any obligation to
disclose to the authorities the plan that his client had mentioned to him as above
mentioned? Reasons.

Answer:
 a) Attorney Malillin has the moral and legal obligation to advise the
army officer not to execute his plan. If the accused army officer does not abide by
his advise, Atty. Malillin should withdraw from the case.

b) Atty. Malillin has the obligation to testify in said case if he is called

upon by the Court to do so. The obligation of the lawyer to keep the secrets of his
client obtained in the course of his employment covers only lawful purposes.

Question No. 8:

a) In Administrative Circular No. 1 addressed to all lower courts dated

January 28, 1988, the Supreme Court stressed:

All judges are reminded that the Supreme Court has applied
the Res Ipsa Loquitur rule in the removal of judges even without
any formal investigation whenever a decision, on its face, indicates
gross incompetence or gross ignorance of the law or gross
misconduct (See: People vs. Valenzuela, 135 SCRA 712; Cathay
Pacific Airways vs. Romillo, Jr., 142 SCRA 262).

The application of the res ipsa loquitur rule in the removal of judges is
assailed in various quarters as inconsistent with due process and fair play.

Is there basis for such a reaction? Explain.

b) How shall a judge conduct court proceedings? May he participate

intensively in the examination of the wit-nesses? Explain.

Answer:

In on view, there is a basis for the reaction against the res ipsa loquitur rule
on removing judges. According to the position taken by the Philippine Bar
Association. The res ipsa loquitur rule might violate the principle of due process,
that is the right to be heard before one is condemned

Moreover, Rule 140 of the Rules of Court provides for the procedure for the
removal of judges. Upon service of the complaint against him, he is entitled to file
his answer. If the answer merits a hearing, it is referred to a justice of the Court of
Appeals for investigation, the report of the investigation is submitted to the
Supreme Court for proper disposition.

The danger in applying the res ipsa loquitur rule is that the judge may have
committed only an error of judgment. His outright dismissal does violence to the
jurisprudence set In Re Horilleno, 43 Phil. 212.
 The other view taken by the Supreme Court is that the lawyer or a judge
can be suspended or dismissed based in his activities or decision, as long as he
has been given an opportunity to explain his side. No investigation is necessary.

b) A judge should not participate intensively in the examination of witnesses.

He may ask questions only to clarify some points but not to the extent of taking the
place of a counsel, otherwise he may be accused of partiality. In other words he
should assume the posture of cold neutrality of a judge.

Question No. 9:

a) On what grounds may a judge be disqualified, or asked to voluntarily

inhibit himself from hearing a case? Briefly explain each ground.

b) Atty. Andres has been in the active practice of law for the last 25
years in Makati, Metro Manila. Quite a number of his cases are pending before the
Metropolitan Trial Court in Makati. Recently, his brother Eduardo was appointed
judge to preside over one of the three (3) branches of that court. Some of the cases
being handled by Atty. Andres were raffled or assigned to the branch presided by
Judge Eduardo. Judge Eduardo inhibited himself from hearing those cases
handled by his brother, Atty. Andres. Now, Judge Santander, to whose sala most
of the cases were re-assigned, complained and suggested to Judge Eduardo that
Atty. Andres should inhibit or refrain from handling cases in Makati.

Is there basis for the complaint of Judge Santander? Explain.

Answer:

a) Rule 137, Section 1 of the Rules of Court provides that a judge is

disqualified Rom sitting on any case in which he or his wife or child is pecuniarily
interested as heir legatee, creditor or otherwise or in which he is related to either
party within sixth degree of consanguinity of affinity or to counsel within the fourth
civil degree.

Under the last sentence of Rule 137, Section 1 of the Rules of Court, a
judge may voluntarily inhibit himself from participating in a case for just and valid
reasons.

The rule on voluntarily inhibition of judges was set by the Supreme Court in
Pimentel vs. Salonga, 21 SCRA160 as follows:

All the foregoing notwithstanding, this should be a good

occasion as any to draw the attention of all judges to appropriate
guidelines in a situation where their capacity to try and decide fairly
 and judiciously comes to the fore by way of challenge from any one
of the parties. A judge may not be legally prohibited from sitting in a
litigation. But when the suggestion is made of record that he might
be induced to act in favor ' of one party or with bias or prejudice
against a litigant arising out of circumstances reasonably capable of
inciting such a state of mind, he should conduct a careful self-
examination.

He should exercise his discretion in a way that the peoples faith in the
courts of justice is not impaired.

b) There is no valid basis for the complaint of Judge Santander.

Precisely, Judge Eduardo had properly inhibited himself from participating in all
the cases wherein his brother lawyer is appearing in accordance with Rule 137 of
the Rules of Court.
It would be unreasonable to prohibit Andres from handling cases in Makati where
he was practicing for twenty five years. It is his means of livelihood and he has his
duties to his clients.

Question No. 10:

a) The position of a judge, exalted though it may be, involves certain

risks or hazards of the profession. May he be held liable for malfeasance or
misfeasance in office?

1. What are these acts of malfeasance or misfeasance in office? State

the nature of the judges liability.

2. Are Justices of the Supreme Court similarly liable? Reasons.

b) Judge Bantayog signed a decision (sentence), dated January 31,

1979, convicting the accused of murder and set the promulgation thereof on
February 9, 1979, which was postponed on motion of the accused and did not
therefore take place. This gave the judge time for further deliberation which created
on his mind doubt as to the guilt of the accused. He therefore drafted and signed
another decision also dated January 31, 1979 which rendered a judgment of
acquittal. This was promulgated. Atty. Jesus, counsel for the complainant,
somehow was able to get a copy of the unpromulgated copy of the decision and
now has charged Judge Bantayog of misconduct.

Will the charge prosper? Explain. Also comment on the Conduct of Judge
Bantayog.

Answer:
 a) Under the Revised Penal Code (Art. 204), a judge may be held
criminally liable for knowingly rendering an unjust, judgment in any case submitted
to him for decision. This is deemed to be misfeasance, that is the improper doing
of an act which he might lawfully do. It may also constitute malfeasance, that is the
doing of an act which he should not have done.

To discipline a judge under the said provision, it must be clearly shown that
the judgment or order is unjust as being contrary to law or not supported by
evidence, and that the judge rendered it with conscious and deliberate intent to do
an injustice. It is not merely error of judgment.

Question No. 11:

Prepare a contract of lease of an apartment unit for P5,000.00 a month

between Mr. Jesus Santos as lessor and Mrs. Olivia Palpallatoc as lessee, for a
period of twenty-four (24) months. Supply the other facts required in a contract of
lease. Include an acknowledgment.

Answer:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This agreement made on this 30th day of September 1987 between JESUS
SANTOS, hereinafter known as LESSOR, Filipino citizen residing at No. 40 Limon
Street, Quezon City and Mrs. Olivia Palpallatoc, Filipino citizen married to Juan
Palpallatoc residents of No. 40 Kitanlad, Quezon City, hereinafter known as
LESSEES hereby agree by the presents:

1. That the LESSOR is registered owner of an apartment located at

No. 10 Kitanlad, Quezon City, covered by TCT No. 14789, Registry of Deeds,
Quezon City;

2. That for the consideration of the rental of P5,000.00 a month for a

period of 24 months from the date of the execution of this contract, the LESSOR
hereby lease unto the LESSEES the aforesaid described apartment;

3. That the LESSEES bind themselves to pay the said monthly rental
within the first 10 days of each month;
4. That the LESSEES shall use the said apartment for residential
purposes only.
IN WITNESS HEREOF, we have set our signatures on this 30th day of September
1987 in Quezon City.
JESUS SANTOS OLIVIA PALPALLATOC JUAN PALPALLATOC
Lessor Lessee Lessee

PEDRO SISON JUAN REYES

Witness Witness

In this 1st day of October 1987 personally appeared before me JESUS

SANTOS, OLIVIA PALPALLATOC and JUAN PALPALLATOC, to me known as
the same persons who executed the foregoing contract of lease and acknowledged
to me that the same is their free act and voluntary deed. JESUS SANTOS exhibited
to us his Residence Certificate No. 123 issued at Quezon City on January 10, 1988
and TAN 512356-18. OLIVIA PALPALLATOC Residence Certificate No. 78766
issued at Quezon City on January 11, 1988 and TAN 571179.

JUAN CRUZ
Notary Public
My Commission Expires on
December 31, 1988

DCR. No. 5
Page No. 7
Book No. 1
Series of 1988

Question No. 12:

a) Prepare a complaint for ejectment under the facts stated in the

question immediately preceding (Question No. XI) for failure to pay three
consecutive monthly rentals Supply the other necessary facts.

b) Prepare a motion to dismiss the complaint referred to in (a) hereof

on two legal grounds.

Answer:

a) COMPLAINT FOR EJECTMENT

REPUBLIC OF THE PHILIPPINES

Metropolitan Trial Court
Quezon City
Branch 1

Jesus Santos
Plaintiff Civil Case No. 10
 For Ejectment
vs.
OLIVIA PALPALLATOC and
JUAN PALPALLATOC,
Defendants.

COMPLAINT

COMES NOW, the plaintiff through the undersigned counsel and to either
Honorable Court, respectfully alleges:

1) The Plaintiff is a Filipino citizen resident of 40 Luis St. While the

defendants are spouses, Filipino citizens and residing at No. 10, Kitanlad St.,
Quezon City where they may be served with summons;

2) That on September 30, 1988 a contract of lease entered into

between the plaintiff leased unto the defendants a certain apartment for a monthly
rental of P5,000.00 a month. A copy of said contract is hereto attached as Annex
A;

3) That defendants have failed to pay the monthly rental from January
to March 1987 in the total amount of P15,000.00;

4) That despite written and oral demands, the last demand having
made on April 1, 1987, defendants failed and refused to pay said rentals in arrears
thereby notifying them to vacate the apartment;

5) That due to the unjustified refusal of the defendants to pay the rental
for over 3 months, the plaintiff was compelled to file the instant suit engaging the
services of counsel for the amount of P5,000.00.

WHEREFORE, it is respectfully prayed that judgment be rendered ordering

the defendants to vacate the apartment and to pay the unpaid rentals starting from
January 1988 until they have actually vacated the premises and to pay the
attorneys fees in the amount of P5,000.00 and costs of this suit.

Quezon City, September 30, 1988.

JOSE REYES
Counsel for Plaintiff
PTR No. 7755
January 10, 1988

VERIFICATION
 JESUS SANTOS, after having been duly sworn in accordance with law
hereby deposes:
That he is the plaintiff in the above entitled case for ejectment and that all the
allegations therein are true and correct.

Quezon City, October 1, 1987.

JOSE REYES

SUBSCRIBED AND SWORN TO before me this 1st day of October 1987 in

Quezon City, affiant having exhibited to me his Residence Certificate No. 1423
issued in Quezon City on January 10, 1987.

BEN ROSARIO
Notary Public
Until December 31, 1988

Doc. No. 5
Page No. 6
Book No. II
Series of 1988

b)
REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
Quezon City Branch 1

JESUS SANTOS
Plaintiff, For Ejectment
versus

OLIVIA PALPALLATOC and

JUAN PALPALLATOC,
Defendants.

MOTION TO DISMISS

COMES NOW, the defendants through undersigned counsel in the above

entitled case to this Honorable Court respectfully move to dismiss the complaint
on the following grounds:

1. That the claim or demand for rentals from January to March 1988
have been paid;

2. That the complaint does not state a sufficient cause of action.

 ARGUMENTS

1. That the rentals for the months of January to March 1987, have been
tendered to the plaintiff as shown in the checks sent to him by registered mail but
plaintiff refused them on the pretext that he was raising the amount of rentals to
P10,000 a month.

2. That the complaint states no sufficient cause of action since the

demand have been deemed to be satisfied.

WHEREFORE, it is respectfully prayed that the complaint be dismissed with

costs against the plaintiff.

Quezon City, October 10, 1988.

ESTEBAN CRUZ
Counsel for Defendants
PTR No. 7999
IBP OR No. 7999

NOTICE OF HEARING

Atty. Jose Perez

Samanillo Building
Escolta, Manila

Please be notified that the foregoing motion to dismiss will be set for hearing
on October 7, 1988 at 9:00 A.M. or as soon as counsel may be heard.

ESTEBAN CRUZ
Counsel for Defendants
PTR No. 7999
IBP OR No. 7999

Copy served to:

Atty. Jose Perez

Counsel of Plaintiff

Question No. 13:

 a) Don Paquito Pamintuan, with a wife (Alma) and a son (Casimiro),
asks you to draft a holographic will for him so that in his own handwriting he can
copy it and thus avoid payment of attorneys fees.

Make a draft of a holographic will. Supply the necessary facts but use the
alphabet for other necessary names.

b) Draft a petition for the probate of Don Paquito Pamintuans will.

Answer:
a)
HOLOGRAPHIC WILL

Manila, Philippines
September 30, 1987

I hereby execute this holographic will in my handwriting and in the English

language which I know how to read and write bequeathing my lot and house
located at No. 4 Taft Avenue, Manila to my son CASIMIRO PAMINTUAN; my
apartment located at 4 Remedios Street, Manila to my wife, ALMA PAMINTUAN.

(Sgd.) PAQUITO PAMINTUAN

b)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Manila, Branch I

SP. Proceedings No. 1

PETITION FOR THE PROBATE OF THE

HOLOGRAPHIC WILL OF PAQUITO PAMINTUAN,
ALMA PAMINTUAN PETITIONER

COMES NOW, the petitioner through undersigned counsel in the above

entitled petition and to this Honorable Court respectfully alleges:

1. That petitioner is a Filipino citizen residing at No. 4 Taft Avenue,

Manila and the widow of the deceased PAQUITO PAMINTUAN;

2. That on December 1, 1987, PAQUITO PAMINTUAN died in the

Philippine General Hospital, Manila where he last resided;
 3. That on September 30, 1987 he executed a holographic will in his
own handwriting in English known to him. A copy of said holographic will is hereto
attached as Annex A, as his last will and testament;

4. That said will soon can be attested to as the handwriting of the

testator by Juan Cruz, who was his private secretary for a period of 17 years;

5. That the deceased left only two properties namely a lot and house
located at Taft Avenue and an apartment located at Remedios Street, Manila;

6. That he left as his only heirs the herein petitioner as his widow and
his son Casimiro both of whom are residing at No. 4, Taft Avenue, Manila;

7. That the deceased left no debts.

WHEREFORE, it is respectfully prayed that after due notice and publication

this Honorable Court fix the date for the probate of said holographic will and that
letters of administration be issued in favor of the herein petitioner and thereafter
adjudicate the properties of the deceased in accordance with the said holographic
will.

Manila, January 7, 1988

JUAN CRUZ
Counsel for the Petitioner
PTR No. 7890
IBP OR No. 17987
January 5, 1988

VERIFICATION

I, ALMA PAMINTUAN, after having been duly sworn to in accordance with

law hereby state that I am the petitioner in the above entitled petition, that the
allegations wherein is true and correct.

PONCIANO CRUZ
Notary Public
Until December 31, 1988

Doc. No 5
Page No. 7
Book No. 2
Series of 1988

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
 REGIONAL TRIAL COURT
MANILA, BRANCH 7

PEOPLE OF THE PHILIPPINES,

Plaintiff,
versus

X, Y, Z
Defendant.

INFORMATION

Undersigned accuses XYZ of the crime of theft committed as follows:

That on or about September 1, 1988 in the City of Manila, the herein
accused willfully, unlawfully and feloniously, with intent to gain and without the
knowledge and consent of ABC the owner took a gold necklace studded with
diamonds valued as P50,000.00 to the prejudice of said contrary to law.

PTC
Assistant City Fiscal
Manila

CERTIFICATION

I hereby certify that a preliminary investigation has been conducted by me

in accordance with law; that I have examined the complaint and her witnesses;
that there is a reasonable ground to believe that a crime has been com-mitted and
that said accused is probably guilty thereof; that the accused was informed of the
complaint against him and was given an opportunity to submit controverting
evidence and the filing of this information was with the prior authority of the Fiscal.
Manila, January 18,1988.

PTC

SUBSCRIBED AND SWORN TO before me this 18th day of January 1988

in the City of Manila.

LBC
Assistant Fiscal
List of Witness:

Bail Recommended:

Question No. 14:

 a) Using the alphabet for names, draft a criminal information for the
crime of theft. Supply the necessary facts.

b) Fiscal Bartolo filed an information for the crime of theft of a Rolex

Watch valued at P50,000.00 against Jose Pobre, an 11 year old orphan, with no
known address, with the Metropolitan Trial Court of Manila. You are the counsel
for Jose Pobre. Draft a motion to quash the information (Do not use your name)

Answer:
a)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, Branch 7

PEOPLE OF THE PHILIPPINES

Plaintiff,
versus

X, Y, Z
Defendant.

INFORMATION

Undersigned accuses XYZ of the crime of theft committed as follows:

That on or about September 1, 1988, in the City of Manila, the herein

accused willfully, unlawfully and feloniously, with intent to gain and without the
knowledge and consent of ABC, the owner took a gold necklace studded with
diamonds valued as P50,000.00 to the prejudice of said contrary to law.

PTC
Assistant City Fiscal
Manila

CERTIFICATION

I hereby certify that a preliminary investigation has been conducted by me

in accordance with law; that I have examined the complaint and her witnesses;
that there is a reasonable ground to believe that a crime has been committed and
that said accused is probably guilty thereof; that the accused was informed of the
complaint against him and was given an opportunity to submit controverting
evidence and the filing of this information was with the prior authority of the Fiscal.
Manila, January 18, 1988.
 PTC
SUBSCRIBED AND SWORN TO before me this 18th day of January 1988
in the City of Manila.

LBC
Assistant Fiscal

List of Witness:

Bail Recommended:

b)

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MANILA (BRANCH I)

MOTION TO QUASH

Comes now the accused Jose Pobre through undersigned counsel and to
this Honorable Court in the above entitled case respectfully moves to quash the
information for the crime of theft on the grounds that:

1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD

CONSTITUTE A LEGAL EXCUSE OR JUSTIFICATION.

2. THAT THIS COURT HAS NO JURISDICTION OF THE CASE.

ARGUMENT

The information alleges that the accused Jose Pobre is eleven years old
with no known address. Under Article 12, paragraph 3 of the Revised Penal Code,
a person over nine years of age and under fifteen unless he acted with discernment
is exempt from criminal liability.

Moreover, there is no allegation that the accused acted with discernment.

Even granting that he had acted with discernment, such minor shall be proceeded
against in accordance with Article 80 of the Revised Penal Code.

Article 80 of the Revised Penal Code provides among others that a minor
unless sixteen years of age at the time of the commission of a grave or less grave
felony. The court shall suspend the proceedings and shall commit such minor or
to the custody or case of a public or private, benevolent or charitable institution
established under the law for the care or education of orphaned, homeless,
defective, and delinquent children, or to the case and custody of any other
responsible person in any other place subject to the visitation of the Director of
Social Welfare.

WHEREFORE, it is respectfully prayed that the instant information be

dismissed and the accused be immediately be released for detention.

Manila, September 2,1988.

PEDRO SISON
Counsel of Accused
PTR No

IBP No

NOTICE OF HEARING

Fiscal J. Bartolo
Office of the City Fiscal
Manila

Please be notified that the foregoing motion to quash is set on Friday, Sept.
9,1988 at 9:00 a.m. or as soon thereof as counsel may be heard.

PEDRO SISON

Copy furnished:

Fiscal Bartolo
Office of the City Fiscal
Manila

Question No. 15:

a) What do you think of the suggestion from some sources for the
abolition of the bar examinations? Discuss.

b) What alternatives to the bar examinations would you suggest,

bearing in mind the need to raise the standards of the law profession, the judicial
system, and the administration of justice. Explain.

Answer:

a) There is some merit in the abolition of the bar examinations. Bar

examination is not altogether an accurate means of testing the knowledge of law.
The means of selecting bar examiners and the questions to ask are not consistent.
It has been experienced in the past that examiners ask unusually tough questions
causing the failure of even the better students in law. What is more the fact that
only about ten to fifteen percent of the candidates are given passing marks shows
that there is something wrong in examinations or in the law schools that train
students.

The real test of a good lawyer is his ability to analyze actual or hypothetical
cases and how he can present or defend them in court.

b) One alternative to the bar examinations which is now used in several

countries is to have an effective and strict supervision of law schools so that by the
time the student graduates, he is thoroughly prepared to be admitted to the bar.
Aside from the strict supervision of law schools, the graduate should be required
to undergo at least one year training in law firm of recognized reputation to be
approved by the Supreme Court. After one year of active training, the law firm will
certify to the Supreme Court that the candidate is ready to be admitted to the bar.

1987 BAR EXAMINATION

Question No. 1

The following notice appeared in the Classified Ads of a Manila newspaper

of-general circulations:

NARUSU DIVORCE
John Williams

A lawyer in Narusu, is giving free literature on NARUSU divorce

through the undersigned, during office hours Monday thru Friday.

SUCH DIVORCE CASES, OBTAINABLE IN TWO WEEKS

AND VALID WORLDWIDE, INVOLVE NO TRAVEL TO NARUSU IF
BOTH PARTIES SIGN.

Other information, such as adoption and child custody and support,

and division of conjugal assets will be explained by the undersigned.

(Atty.) JCR
Bahay Cubo Bldg.
Calle St.
Tel. 10779
 (a) Does such a printed notice or ad, constitute permissible
advertisement on the part of Atty. JCR?

(b) Considering the general prohibition against blatant

advertisement/touting, and the restrictions on a lawyers privilege to attract
clients, may Atty. JCR be disciplined for a breach of professional ethics?

Answer with reasons.

Answer:

1. (a) The printed notice constitutes improper advertising and solicitation

of Attorney JCR on two counts:

On the first count, the notice advertises the skill and

connection with a foreign lawyer on a certain type of service.

On the second count, the service promotes absolute device

which is not allowed under Philippine law. It attacks marital stability
which a lawyer is not supposed to promote.

(b) Yes, Atty. JCR may be disciplined for a breach of professional

ethics. Aside from his improper solicitation, Atty. JCR tries to
represent to local clients that he is in association with a foreign
lawyer who is not allowed to practice law in the Philippines
(Dacanay vs. Baker and McKenzie, 136 SCRA 349).

Question No. 2

In the newspaper there have appeared from time to time, the entire texts of
pleadings, memoranda, etc. in important cases involving public interest. In several
instances, these published papers, pleadings, etc. indicate that a well-known
former member of the Judiciary has signed such papers thus:

X, Y and Associates
Counsel for Respondents
By: Justice X

Does the foregoing constitute a breach of legal or professional ethics on the

part of the law firm and the signing partner?

Answer with reasons.

Answer:

Yes, the submission of court pleadings by a former member of the judiciary

signing as Justice creates undue advantage over ordinary practicing lawyers.
While Justice X is not prohibited from practicing law after his retirement, he should
sign his name without necessarily indicating that he was a justice.

Question No. 3

Mr. CD was the son of a deceased person who originally owned vast
properties in Manila. CD approached Atty. EF and asked the latter to help him
recover what he felt was his legal share in the estate, of which he had been
allegedly deprived by his elder brother. It turned out, however, after a review of the
papers submitted by the client, that the following had already transpired: (a) The
estate of the father was settled and distributed pursuant to administration
proceedings terminated five years before; and (b) the client CD had actually field
cases against his brother to recover his alleged share, namely, a case for
revonveyance, and a case of unlawful detainer, both of which had also been closed
and terminated. The client, however, told Atty. EF that he had documentary
evidence showing that his brother had executed to the court in the administration
proceedings, all of which showed that the client CD had been defrauded of his
share in the estate. On the promise of a big fee for just filing any action that Atty.
EF might decide on, the latter filed a complaint for annulment of judgment on the
ground of fraud This complaint was dismissed by the trial court and CD, through
Atty. EF, appealed. Pending this appeal, Atty. EF also filed actions for ejectment
against the brother of CD and another case to recover possession of his clients
alleged share of the property. The brother, through counsel, filed a petition to
discipline Atty. EF for malpractice, citing the foregoing circumstances

(a) Under the given facts, may Atty. EF be disciplined for unprofessional
conduct? Explain.

(b) May he set up the defense that he was merely exerting this best
efforts to protect his clients interest? Explain.

Answer:

Atty. EF is guilty of unprofessional conduct on two counts.

In the first place, it was the duty of Atty. EF to properly advise his client not
to enter into a litigation knowing that the cause of action was already finally decided
by courts in previous cases. In fact, the estate of his father from whom he claims
inheritance was already settled. Moreover, a case for reconveyance from his
clients brother was also decided by a court wherein the decision had already
become final.

Litigation must end and terminate sometime and somewhere, and it is

essential to an effective and efficient administration of justice that one a judgment
has become final the winning party be not, through subterfuge, deprive of that
verdict (Likim Tho vs. Sanchez, 82 Phil. 776 (1949); Aguinaldo, G.R. No. 30362,
Nov. 26, 1970, 36 SCRA 137). For this reason, a lawyer should not file several
actions covering the same subject matter or seeking substantially identical relifs
as those which had already been finally disposed of (Macias vs. Uy Kim, G.R. No.
31174, May 30, 1972, 45 SCRA 251; Gabriel vs. Court of Appeals, G.R. No. 43757,
July 30, 1976). Nor should he enter his appearance as counsel for a party in a
case which had long been terminated by final judgment (in re Soriano, G.R. No.
24114, June 30, 1970, 33 SCRA 801), or misuse legal remedies to thwart or delay
the satisfaction of a judgment (Cobb-Perez vs. Lantin, G.R. No. 22320, May 22;
1968, 23 SCRA 637; Castaneda, vs. Ago, G. R. No. 288546, July 30, 1987, 65
SCRA 505).

Question No. 4

Atty. FG, a provincial lawyer, had been acting as counsel for a close relative
who had been sued in the Batangas Regional Trial Court by the PILIPINO BANK
for collection of a debt incurred in 1985. Pending this collection case, Atty. FG was
appointed by the same banks Manila central office, as a special counsel in the
credit and collections department. Despite this Manila appointment, Atty. FG
continued to appear in the collection case abovementioned, and was in fact able
to negotiate for a compromise of the case. Thereafter, however, the Banks chief
legal counsel, primarily for personal reasons, not only took steps to have FG
dismissed as special counsel, but also filed, in behalf of the bank, a petition for
disbarment against FG on the principal ground that FGs actuations constituted
malpractice.

May the petition to discipline Atty. FG prosper?

Answer with reasons.

Answer:

Atty. FG is deemed to be appearing for conflicting interest. When he

accepted his position as special counsel for the Pilipino Bank although in the
Manila Central Office, the bank became his client, he should have discontinued his
attorney and client relationship with his relative in the collection suit filed by the
bank. He was in fact appearing for antagonistic interest.
Question No. 5

In a prosecution for murder against a ranking army officer, the latter

engaged the services of RS, a well-known trial lawyer, to whom the officer in one
of their conferences disclosed a plan to eliminate or salvage - i.e., kill or
otherwise cause to disappear, - the only witness, a fellow military officer, through
a contrived traffic or highway vehicular accident.

(a) What are the legal and moral obligations of Atty. RS, to his client
and to the authorities, under the given circumstances?

(b) Should the planned accident take place and the witness for the
prosecution be killed as a result is Atty. RS under any obligation to disclose to the
authorities the plan that his client had mentioned to him, as abovementioned?

Answer with reasons.

Answer:

(a) The legal and moral obligation of Atty. RS is to advise his client not
to proceed with his unlawful plan to kill the witness against him. Although this plan
was disclosed to the lawyer in confidence, it is not covered by the rule on privileged
communication.

The privileged communication under Rule 138, Section 20(e) of the Rules
of Court covers only lawful and honest purposes. The protection of the attorney-
client privilege has reference to communications which are legitimately and
properly within the scope of a lawful employment and does not extend to those
made in contemplation of a crime or perpetuation of a fraud. If the unlawful purpose
is avowed, the client does not consult the lawyer professionally because it is not
within the profession of a lawyer to be advising persons as to how they may commit
crimes or frauds or how they may escape the consequences of the contemplated
wrong-doings. If the client does not reveal his illegal motive, he reposes no
confidence in the attorney because the state of facts which is the foundation of
confidence does not exist. In either case, the attorney-client privilege does not
attach, there being no professional employment properly speaking (Standard F.
Ins. Co. vs. Smithart, 211 SW 441, 5 ALR 972 (1919); Strong vs. Abner, 105 SW2d
599 (1937); People vs. Van Alstine, 23 NW 594 (1885); Hamil & Co. vs. England,
50 Mo App 338 (1892); People ex rel. Vogelstein vs. Warden, 270, NYS 62 (1934).

Under the circumstances, if his client insists on his plan, the lawyer should
withdraw from the case.
(b) Yes, it is the obligation of the lawyer to disclose to the authorities
about the plan of his client. Before reporting the matter to the authorities, however,
he should ascertain first if it was his would-be client who committed the crime.
Question No. 6

In the course of the testimony of an almost illiterate victim of a swindling

travel syndicate, the trial judge addressed these words to the witness: You have
no business coming to court without being sure of your facts; the way I look at it,
you are here to blackmail these businessmen into giving you free airplane travel.
The private prosecutor stood up to move that the remarks of the court regarding
the alleged blackmail be made of record for purposes of the appeal or other future
proceedings. The trial Judge countered with an order directing the lawyer to show
cause why he should not be held in direct contempt, for allegedly threatening the
court with possible future action.

May the contempt citation be upheld? Explain.

Answer:

The contempt citation may not be sustained. A judge should exercise proper
judicial decorum. He should be considerate of witness and others in attendance
upon his court. He should be courteous and civil, for it is unbecoming of a judge to
utter intemperate language during the hearing of a case (Retuya vs. Equipilog,
G.R. Adm. Case No. 1431-MJ, July 16, 1979, 91 SCRA 416; Santos vs. Cruz, G.R.
Adm. Matter No. 491-MJ, Oct. 30, 1980, 100 SCRA 538).

It was the right of counsel to put on record said remarks for the protection
of his witness and client (In Re Aguas, 1 Phil.l).

Question No. 7

The services of Atty. BB were engaged by CC for the filing of a complaint

for recovery of a sum of money, under a written contract which also stipulated for
the down payment to Atty. BB of a fixed sum, the balance to be given upon
recovery of the amount of the claim. Shortly after the complaint was filed, Atty. BB
took steps to reach a settlement with the defendant, but without the prior
permission of CC. Resenting this action, CC immediately wrote BB terminating his
services.

(a) May CC dismiss Atty. BB under the given circumstances?

(b) What rights, if any, would Atty. BB have on the matter?

Answer with reasons.

Answer:

(a) Yes, CC may dismiss Atty. BB. A client has the right to terminate the
services of counsel on loss of confidence in him. The lawyers attempt to enter into
a compromise with the adverse party without his consent is a violation of the
fiduciary relationship of the attorney and the client.

(a) Since the client dismissed the attorney for a valid reason, Attorney
BB has no more right on his attorneys fees.

Question No. 8

A Regional Trial Court Judge is the head of family concerns engaged in

business enterprises, among which are (a) a book store/distributor; (b) a chain of
restaurants; and (c) a surety company actively engaged in posting bonds required
in court cases.
In your considered opinion, are there legal and ethical implications in the financial
interests of this member of the judiciary? Explain.

Answer:

There are no legal or ethical implications on the business enterprises of the

regional trial court judge on (a) owning a bookstore, (b) owning a chain of
restaurants as along as said enterprise do not conflict with his judicial duties or
takes undue advantage thereof because of his position (Macariola vs. Asuncion).

It is unethical and improper, however, for the judge to be engaged in (c) a

surety company posting bonds in court cases. The said business certainly is in
conflict with his judicial duties. The judge should not enter into such private
business or pursue such a course of conduct as would justify such suspicion, nor
use the power of his office or the influence of his name to promote the business
interests of others; he should not solicit for charities, nor should he enter into any
business relation which, in the normal course of events reasonably to be expected,
might bring his personal interest into conflict with the impartial performance of his
official duties. (Borre vs. Maya, G.R. Adm. Matter No. 5 176-CFI Oct. 17, 1980,
100 SCRA 314).

Question No. 9

A provincial lawyer who was married, and with children, met, courted, and
eventually had several illegitimate children by, another woman whom he
maintained under scandalous circumstances in his own hometown. This lawyer,
who was active in politics, was later appointed a Regional Trial Court Judge for
one of the provincial branches. In the course of a litigation assigned to him, one of
the parties feeling aggrieved by some actuations of the Judge, filed a complaint
against him on the ground of immorality for maintaining a woman not his wife,
under scandalous circumstances. The Judge, who was required to submit his
comments, interposed the defense that assuming the truth of his having a
querida, that fact does not affect his duties as a Judge.
Decide the case with reasons.

Answer:

The defense of the judge is without merit.

The personal behavior of a judge, not only upon the bench but also in his
everyday life, should be above reproach and free from the appearance of
impropriety. He should maintain high ethical principles and sense of propriety
without which he cannot preserve the faith of the people in the judiciary, so
indispensable in an orderly society (Candia vs. Tagabucha, G.R. Adm. Matter No.
528-MJ, Sept, 12, 1977, See also Borja vs. Bercasio, G.R. Adm. matter No. 561 -
MJ, Dec, 29, 1976). For the judicial office circumscribes the personal conduct of a
judge and imposes a number of restrictions thereon. (Canon 1, Canon of Judicial
Ethics)

Question No. 10

Judge XX presided over the trial of a legal dispute a- among several heirs,
involving real properties which included a residential lot adjacent to a rented
property owned by said Judge. The case was eventually terminated through a
settlement reached by the heirs. One month after the case was terminated, the
heirs to whom the abovementioned residential lot was allocated offered to sell said
lot to Judge XX who promptly agreed to, and did purchase the property at a
reasonable price.

Did Judge XX commit a breach of any law or rule of judicial ethics?

Answer with reasons.

Answer:

The purchase of the property after the termination of the case may not be
in violation of Article 1491 of the Civil Code as the case had already terminated.
However, it might be improper and unethical for the judge to purchase said
property as it might invite suspicion considering that said property was the subject
matter of a case he tried. In Maca- riola vs Asuncion, 114 SCRA 77, while the
Supreme Court exonerated the judge for purchasing a property after the
termination of the case, the judged was admonished as his act was improper under
the canon of judicial ethics.
Question No. 11

In the course of a proceeding before a Regional Trial Court involving a

petition for admission to bail of a person charged with rebellion, the prosecution
cited various Supreme Court decisions in which similar petitions by other accused
persons were dismissed by the Supreme Court. The RTC Judge, in rejecting the
prosecutions arguments, and ordering the defendants admission to bail,
perorated, inter alia, as follows: I personally believe that the Supreme Court was
wrong in refusing to allow bail in the cases cited by the Fiscal. I know that the facts
in the cited cases are almost identical to those shown in this case, but I strongly
feel that the Supreme Court overlooked the equitable and humanitarian aspects of
the case.

Discuss the legal and ethical aspects of these statements of the trial court
judge.

Answer:

A judge may not decide contrary to a jurisprudence set by the Supreme

Court. If he feels that the application of a doctrine promulgated by the Supreme
Court is against his way of reasoning or against his conscience, he may state his
opinion on the matter but rather than disposing of the case in accordance with his
personal views, he must first think that it is his duty to apply the law as interpreted
by the Highest Court of the land, and that any deviation from a principle laid down
by the latter would unavoidably cause, as a sequel, unnecessary inconvenience,
delays and expenses to the litigants (Albert vs. Court of First Instance of Manila
(Br. VI), G.R. No. L-26364, May 29, 1968).

Question No. 12

You represent the defendant in a civil case pending in Manila Regional Trial
Court, Branch 299. It is now December 8, 1987 and the case is set for trial for
December 17, a Thursday; but because of a previously set business meeting in
which your presence is indispensable, you want to postpone the court hearing set
for December 17. Prepare a complete motion for postponement.

Answer:

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
Manila, Branch 29.9

PEDRO CRUZ,
 Plaintiff,

- versus - Civil Case No. 10

For Sum of Money

JUAN PEREZ,
Defendant.

MOTION FOR POSTPONEMENT

Comes now the defendant through undersigned counsel and to this

Honorable Court respectfully alleges:

1. That the above entitled case was set for trial on December 17, 1987
at 8:30 A.M.;
2. That the undersigned counsel had to attend a business meeting on
December 17, 1987 which was previously set;

3. That his presence in said meeting is indispensable, hence, will not

be able to attend the trial on said date,

4. That this request for postponement of the hearing is not for the
purpose of delaying the trial of the case.

WHEREFORE, it is respectfully prayed that the hearing on December 17,

1987 be postponed to another day at the convenience of this Honorable Court.
Manila, December 4, 1987.

XYZ
Counsel for the Defendant

NOTICE OF HEARING

Attorney Conrado Juez

Counsel for the Plaintiff
37 Calamba, Quezon City

Please be notified that the foregoing motion for postponement is set for
hearing and for the consideration of the Honorable Court on December 10, 1967
at 8:30 A.M.

XYZ

Copy served on
Atty. Conrado Juez
37 Calamba, Quezon City
Question No. 13

Prepare the necessary resolutions to be adopted by a companys

stockholders, to effect: (a) and increase in the number of directors, from five to
seven; and (b) the necessary amendment of the articles of incorporation with
respect to such increase of membership in the board. Supply such other data that
in your opinion would be necessary to include in such resolutions.

Answer:

XYZ CORPORATION

Resolution No. 2, Series of 1987

WHEREAS, in a meeting called for the purpose, wherein all stockholders

were duly notified in accordance with law, the meeting of stockholders representing
90% of the subscribed and paid capital stock was held on November, 1987 in
principal office of the XYZ Corporation.

WHEREAS, during said meeting presided by AC President of the said

corporation by a vote of stockholders rep-resenting more than 2/3 of the
subscribed and paid up capital stock voted to amend the Articles of Incorporation
by increasing the number of board of directors from five to seven.

WHEREAS, the stockholders have resolved to submit the said amendments

for approval of the Security and Ex-change Commission.

IN WITNESS WHEREOF, I have hereunto attest to the approval of said

Resolution.

JPC
Secretary of the
Corporation

Attested:

PV
President

AMENDED ARTICLES OF INCORPORATION

OF THE
XYZ CORPORATION
 WHEREAS, in a meeting of the stockholders of the corporation called for
the purpose on November 2, 1987 in the provincial office of the XYZ Corporation
in Manila by a vote representing more than 2/3 of the subscribed and paid- up
capital stock of said corporation, Article 5 of the Articles of Incorporation is hereby
amended to read:

5. That the number of Board of Directors shall be seven (7)... .)**

IN WITNESS WHEREOF, I JPC, Secretary of the Corporation attest to the

approval of said resolution.
JP
Secretary of the
Corporation

PV
President

Question No. 14

Prepare a contract of lease covering an apartment located in 001 Atis St.,

Makati The lessee agrees to pay a monthly rental of P5,000.00. The entire period
of the lease shall be 12 months, renewable upon mutual agreement of the parties.
Furnish the terms and conditions that in your opinion will protect the lessor who is
your client.
Answer:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This agreement made and entered into at Makati, Metro Manila, Philippines,
this 27th day of November 1987 by and between Jose Uy of legal age, married to
Petra Uy, and a resident of Makati, hereinafter called the landlord, and Jess Cruz,
of legal age, single, and a resident of Makati, hereinafter called the tenant
evidences that the parties have agreed as follows:

1. In consideration of the rent and the tenants covenants hereinafter

reserved and contained, the lessor hereby demises and leases to the tenant an
apartment located at 001 Atis St., Makati, belonging to the landlord, covered by
TCT No. 100, Register of Deeds of Makati.

To hold the Tenant for the term of 12 months.

 Yielding and praying therefor during the said term, rent at the rate of
P5,000.00 Pesos to be made on the first 10 days of each month of which the first
shall be made on the first day of January 1988.

2. The tenant hereby covenants with the landlord as follows:

(a) To pay the rent as aforesaid without the necessity of express

demand therefor, at the residence of the landlord;
(b) To keep the leased premises in good and habitable condition,
making the necessary repairs and painting inside and outside the house;
(c) Not to make alterations and improvements on the premises
without the written consent of the landlord, and, in case of such authorized
alterations and improvements on the premises, any and all such
improvements shall become the property of the landlord at the expiration of
this lease.

IN WITNESS WHEREOF, We have hereunto set out signatures on this 29th

day of November 1987 at Makati.

JOSE UY JESS UY
Landlord Tenant

_________ ___ ____________

Witness Witness

ACKNOWLEDGEMENT

On this 29th day of November 1987 personally appeared before me Jose

Uy, landlord, and Jess Cruz, tenant, to me known and known to me to be the same
persons who executed the foregoing contract of lease and acknowledged to me
that the same is their free act and voluntary deed.

They exhibited to me the Residence Certificate No._________ issued

at Manila on January 10, 1987 and his Residence Certificate No. 789 issued at
Makati on June 1 1, 1987, and Tax Account No. 678, respectively.

XYZ Notary Public

My commission expires
December 31, 1988

Doc. No.
Book No.
Page No.
Series of 1987.

Question No. 15

Your client was the victim of a hit and run car owned by DD and driven by
FF. After you had taken the steps to file the required court actions against DD and
the driver, your client was convinced by the car owner to accept a sum of money
by way of settlement, since the amount offered was fair and reasonably covered
all the expenses incurred. Prepare the document of Release and Waiver that in
your opinion will best protect the interest of your client, the victim and will likewise
be legally sufficient and acceptable to the car owner and his driver.

Answer:

RELEASE AND WAIVER

I, JUAN DE LA CRUZ, Filipino citizen, of legal age and resident of 7

Kitanlad, Quezon City, after having been duly sworn in accordance with law hereby
states:

1. That as a result of a motor vehicle accident which occurred on

November 1, 1987 in Quezon City, when I was hit by a car driven by FF and owned
by DD, I filed a criminal and civil complaint against both FF and DD in the Regional
Trial Court of Quezon City;

2. That after verifying the facts, I realized that said FF was not
altogether reckless in driving said vehicle;

3. That in order to settle the case amicably and since the owner of the
car DD had offered to pay all the medical expenses I incurred and the losses
suffered in the total amount of PI0.000.00 which I hereby acknowledge, I am
withdrawing my complaint in both civil and criminal cases filed in the Regional Trial
Court of Quezon City (Civil Case No. 497 and Criminal Case No. 5 179);

4. That by virtue thereof. I am waiving all my rights to file any civil and
criminal cases against FF and DD. Quezon City, November 29, 1987.

JUANDE LA CRUZ

Republic of the Philippines

Quezon City
 SUBSCRIBED and sworn to before me this 29th day of November 1987 in
Quezon City, by affiant Juan de la Cruz, who exhibited to me his Residence
Certificate No. 5789, issued at Quezon City, on July 1, 1987, and TAN 7987.

PC
Notary Public
My commission expires
December 31, 1987

Doc. No.
Book No.
Page No.
Series of 1987