Basic Legal & Judicial Ethics

Finals (1G, 1H & 1AA)

2022179775
UST Faculty of Civil Law
BASIC LEGAL & JUDICIAL ETHICS
Final Exam (1G, 1H, and 1AA)
AY 2022-2023

1. Provide five duties of an attorney in the Lawyer’s Oath. (5 pts.)

Five duties in the Lawyer’s Oath are as follows:

1. Maintain allegiance to the Republic of the Philippines

2. Support the Constitution and obey the laws as well as

the legal orders of the duly constituted authorities
therein.

3. Do no falsehood

4. Not wittingly or willingly promote or sue any groundless,

false or unlawful suit.

5. Will no delay man for money or malice

2. A lawyer distributed calling cards with the following information:

Atty. Bobby D. Onel

Topnotch Defense Attorney
Reasonable doubt for a reasonable fee!
Email:[email protected]

Can the lawyer be held liable for his calling cards? (10 pts.)

Yes, the lawyer shall be held liable for his calling cards due
to it being self-laudatory and misleading which could
affects his/her future clients.
According to Canon 3, Rule 3.01 of the CPR, A lawyer shall
not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal
services.

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3. Emily, a longtime assistant of spouses Johnny and Amber, was

asked by the couple to have a document notarized. The document
is entitled “Polyamory Agreement” and it expressed the mutual
consent of the spouses to separately engage in extramarital
relationships, and that neither will file any criminal action against
the other. The agreement was already signed by the spouses when
they gave it to Emily for notarization.

You are the notary public approached by Emily and presented with
the spouses’ agreement. What would you do? (10 pts.)

If I am the notary public, I will not notarize the said

document since it is immoral given the fact that the
spouses engage in extramarital relationships. This is in
violation of Canon 1, Rule 1.01 of the CPR which states,
lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct. Further, even if the document is already
signed, it is not affixed.

4. During a drinking session with his law school buddies, Atty. Lucky
was introduced by one of his friends to Ms. Happy. The two
immediately hit it off and had good rapport. Atty. Lucky mentioned
to Happy that he is a lawyer practicing criminal defense and family
law. Happy’s face brightened and asked if he can accompany her
to get drinks. Away from their friends, Happy shared to Atty. Lucky
that her estranged husband had been stalking her and leaving
cryptic messages on her phone. She wants to file a case to sever
her marriage, but she does not know how. Atty. Lucky, who was a
bit disheartened for he thought his newfound friend was single
gave Happy a quick rundown of the applicable provisions of the
Family Code, as well as of R.A. No. 9262 or the “Anti-Violence
Against Women and their Children Act.”

Encouraged by what she heard, Happy asked if she can visit Atty.
Lucky in the coming days so she can discuss her situation further.
Atty. Lucky agreed. After a few more drinks, Happy went home.
Atty. Lucky’s friends cajoled him to spill the beans.

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Can Atty. Lucky share his conversation with Happy to their friends?
Explain. (10 pts.)
No, Atty. Lucky cannot share his conversation with Happy
to their friends since there is a bestowed trust between
Atty. Lucky and his client. Failure to do so is a violation of
Canon 21 of the CPR which states, a lawyer shall preserve
the confidence and secrets of his client even after the
attorney-client relation is terminated.

In the case of Genato v. Silapan, the court ruled that an

attorney is not permitted to disclose communications
made to him in his professional character by a client,
unless the latter consents

5. Distinguish between a “retaining lien” and a “charging lien”. (5

pts.)

The retaining lien is the attorney's right to hold onto

funds, documents, and records that have legitimately
entered his custody and belonged to his client until his
just fees and disbursements have been satisfied, and to
use those funds to satisfy those debts. Retaining lien was
discussed in the case of Tanhueco v. De Dumo.

On the other hand, the right the attorney has to all money
judgments and executions issued as a result of those
judgments that he has obtained at the price of his client's
litigation is known as a charging lien. Charging lien was
discussed in the case of Rilloraza, et.al. v. Eastern
Telecommunications Phil. Inc

6. After hearing the parties on a motion for the issuance of a

temporary restraining order, the judge ordered the lawyers to file
their respective position papers within 3 days. Atty. Taranta,
mindful of the short period given, immediately did his research and
found an obscure Supreme Court decision that somehow favored
his case. He saw this on a blog by another lawyer, and, trusting
that the quotation is accurate, lifted the text and quoted it in his
position paper as jurisprudential basis for his main argument.
However, it turned out that what he quoted was not actually the
Supreme Court’s ruling or ratio decidendi but the legal position of
one of the parties in that case.
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Did Atty. Taranta breach his duties as a lawyer? (5 pts.)

Yes, Atty Taranta breached his duty as a lawyer since he
was not mindful regarding the law and jurisprudence and
did not prepare properly which badly affected the interest
of his client.

According to Canon 5 of the CPR, a lawyer shall keep

abreast of legal developments, participate in continuing
legal education programs, support efforts to achieve high
standards in law school as well as in the practical training
of law students and assist in disseminating information
regarding the law and jurisprudence.

Further, Canon 18 of the CPR, Rule 18.02 states that a

lawyer shall not handle any legal matter without adequate
preparation.

7. In relation to his pending appealed case in the Court of Appeals,

Atty. Juan received a Resolution directing him to file a Comment
on the Motion of opposing counsel within 10 days. Feeling
overwhelmed by the number of cases he is currently handling, he
asked his secretary to draft a motion for a 30-day extension and
to remind him of the extended due date to file the Comment.
After 2 months, Atty. Juan received another Resolution from the
Court of Appeals directing him to show cause why the Motion
should not be decided sans his Comment. He explained to the
Court that he failed to file the Comment because his secretary
forgot to remind him to do so.

Is Atty. Juan’s explanation acceptable? (5 pts.)

Atty. Juan’s explanation is not acceptable due to his

negligence and lack of preparation in the given case. This
also violates Canon 18 of the CPR, Rule 18.02 which states,
A lawyer shall not handle any legal matter without
adequate preparation and Rule 18.03 which states, A
lawyer shall not neglect a legal matter entrusted to him,
and his negligence in connection therewith shall render
him liable.

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8. Atty. Paulo has been married to Eljay for 10 years, during which
they were blessed with a 5-year-old daughter. As with most
unions, their marriage had its share of challenges. Recently, Paulo
has been too busy with a client, his ex-girlfriend Yheng, a
businesswoman in Baguio who is facing a string of civil and
criminal suits.

Eljay found out that her husband stays at the house of Yheng
whenever he is in Baguio, apparently to save on expenses. Yheng
lives alone in a simple bungalow, as she and her own husband had
already separated. While Paulo sleeps in the same room as Yheng,
it is unclear whether the two were ever physically intimate.

Hurt by her discovery, Eljay approached you, as a friend, asking

whether she could successfully file a complaint against her
husband with the Integrated Bar of the Philippines, for what she
believes is a breach of his ethical duties as a lawyer. What will your
advice be to Eljay? (10 pts.)

My advice to Eljay is to file a complaint against Atty. Paulo

even though it is unclear whether the Atty. Paulo and
Yheng were physically intimate because Atty Paulo and
Eljay are still married. Such conduct is inappropriate and
shows that he is devoid of the highest degree of morality
and integrity which a member of the bar must possess.

In the case Guevarra v. Atty Eala, the supreme court

affirmed the disbarment of atty Eala due to his betrayal of
the marital vow of fidelity which is indicative of an
extremely low regard for the fundamental ethics of his
profession. Further, it is also a violation of the Canon
1,Rule 1.01 of the CPR which states, A lawyer shall not
engage in unlawful, dishonest, immoral or deceitful
conduct.

9. State briefly the test in determining whether there is conflict of

interest on the part of a lawyer representing several clients. How
can an attorney avoid conflict of interest? (5 pts.)

According to the case of Gonzales v. Cabucana, the test of

the inconsistency of interests is whether the acceptance of
a new relation will prevent an attorney from the full
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discharge of his duty of undivided fidelity and loyalty to

his client or invite suspicion of unfaithfulness or double
dealing in the performance of that duty.

An attorney can avoid conflict of interest by having a

written consent of all concerned given after a full
disclosure of all the facts. This is in accordance with the
exceptions stated in Canon 15, Rule 15.03 of the CPR.

10. How would you answer the following question from the recent bar
examination:

You are the counsel for Boni and Klyde, who are accused as co-
conspirators in a Murder case. During arraignment, they both
pleaded not guilty. In the course of the trial, Klyde confessed to
you that it was actually Boni who committed the Murder and that
he merely helped Boni dispose of the body. Klyde tells you that he
wants to plead guilty and directs you to inform the prosecution and
the judge that he wants to testify against Boni as a state witness.
Can you continue to represent Boni, or Klyde, or both? Explain
briefly. (10 pts.)
I cannot continue as the counsel for both Boni and Klyde
since there will be a conflict of interest except if there will
be a written consent provided by both parties and
disclosure of the facts given.
According to Canon 15, Rule 15.03, A lawyer shall not
represent conflicting interests except by written consent
of all concerned given after a full disclosure of the facts.

11. You were assigned as counsel de officio for Dennis, who was
charged with, and currently detained for, the kidnapping of a 5-
year old kid. During your first meeting, Dennis revealed to you that
the kid is still alive and with his live-in partner. He instructed you
not to reveal this to anyone, as he believes that he can be
acquitted of the crime if the police fail to find the victim.

A. Are you ethically bound to reveal the information to the

authorities? (5 pts)
Yes, I am bound to reveal the information to the
authorities. Since it already unlawful if I will not do it.

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According to Canon 21, Rule 21.01, A lawyer shall not

reveal the confidences or secrets of his client except
when authorized by the client after acquainting him of
the consequences of the disclosure, when required by
law, and when necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.

In the given case, we can see that it is indeed required

by law and necessary by judicial action in order to
promote justice and fairness.

B. Can you discontinue from being Dennis’ counsel de officio? (5

pts.)
Yes, I can discontinue from being Councel De Officio of
Dennis since it is already immoral and illegal to do
otherwise. It is also a violation of the CPR and the
lawyer’s oath.

According to Canon 22, Rule 22.01, A lawyer may

withdraw his services, among others, when the client
pursues an illegal or immoral course of conduct in
connection with the matter, he is handling and when
the client insists that the lawyer pursue conduct
violative of these canons and rules.

12. State and briefly explain three (3) Canons from the New Code of
Judicial Conduct of the Philippine Judiciary. (5 pts.)

1. Canon 2 of the new code of judicial conduct explains

that Judges must uphold the public's confidence in the
integrity of the judiciary through their manner and
conduct. Judges must also take appropriate disciplinary
action against attorneys or court workers who act
improperly.

2. Canon 5 of the new code of judicial conduct explains

that the right execution of the judicial office depends on
ensuring that everyone is treated equally before the
courts. Judges must be aware of and comprehend the
variety in society, and they must not show bias or
prejudice against any individual or group on unrelated
grounds.
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3. Canon 6 of the new code of judicial conduct explains

that the proper discharge of judicial function requires
competence and diligence. Judges must dedicate their
professional time to carrying out their judicial duties,
and they must make reasonable efforts to keep up with
any essential personal development. They must also
uphold order and decorum during all court hearings.

13. Judge Christian noticed that Atty. Draco does not make the sign of
the cross and join in the ecumenical prayer for the courts at the
start of the proceedings. When inquired by the judge, Atty. Draco
said that he is an atheist. The lawyer, however, stressed that he
respects other lawyers and litigants who recite the ecumenical
prayer, by keeping his silence and bowing his head.

Dissatisfied with Atty. Draco’s explanation, Judge Christian

directed Atty. Draco to recite the ecumenical prayer, otherwise he
will not hear his case and even threatened to cite him in contempt.

Is Judge Christian’s action tenable? Explain. (10 pts.)

No, the Judge’s action is untenable since in the given case,
the judge obviously discriminated Atty. Draco for his belief
of being an atheist and there is no valid reason to cite him
in contempt.
According to the Canon 5 of the New Code of Judicial
Conduct, ensuring equality of treatment to all before the
courts is essential to the due performance of the judicial
office. Moreover, Judges, in all of the actions, both within
and outside of the court, must maintain fairness and
equality. They must act lawfully and in a way that
promotes the fair administration of justice.