bar exams questions in legal ethics and practical exercises

8/12/2019 Bar Exams Questions in Legal Ethics and Practical Exercises

1/26

2005 BAR EXAMS QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES

- I -

Multiple choice. Choose the correct answer. Write the letter corresponding to your

answer.

(1.) Which of the following need not be veried

a) !etition for Certiorari"

b) Interpleader"

c) !etition for #abeas Corpus"

d) $nswer with co%pulsory counterclai%"

e) $ll pleadings under the &ules on 'u%%ary !rocedure. ()

(.) Which of the following state%ents is false

a) $ll ad%inistrative cases against *ustices of appellate courts and +udges of lowercourts fall e,clusively within the +urisdiction of the 'upre%e Court.

b) $d%inistrative cases against erring *ustices of the Court of $ppeals and

'andiganbayan +udges and lawyers in the govern%ent service are not

auto%atically treated as disbar%ent cases.

c) he I/! /oard of 0overnors %ay %otu proprio or upon referral by the 'upre%e

Court or by a Chapter /oard of 2cers or at the instance of any person initiate

and prosecute proper charges against erring lawyers including those in the

govern%ent service.

d) he ling of an ad%inistrative case against the +udge is not a ground for

dis3ualication4inhibition.

e) rial courts retain +urisdiction over the cri%inal aspect of o5enses co%%itted by

+ustices of appellate courts and +udges of lower courts. ()

(6.) n which of the following is a lawyer proscribed fro% testifying as a witness in a

case he is handling for a client7

a) n the %ailing of docu%ents"

b) n the authentication or custody of any instru%ent"

c) n the theory of the case"

d) n substantial %atters in cases where his testi%ony is essential to the ends of

+ustice. ()

- II -


2/26

Mi8e $delantado an aspiring lawyer disclosed in his petition to ta8e the 996 /ar

:,a%inations that there were two civil cases pending against hi% for nullication of

contract and da%ages. #e was thus allowed to conditionally ta8e the bar and

subse3uently placed third in the said e,a%s.

In 99; after the two civil cases had been resolved Mi8e $delantado led hispetition to ta8e the abataan ('>) Chairperson had been signing the

attendance sheets of ('>) %eetings as ?$tty. Mi8e $delantado.@

a) #aving passed the bar can Mi8e $delantado already use the appellation

?attorney@ :,plain your answer. (6)

b) 'hould Mi8e $delantado be allowed to ta8e his oath as a lawyer and sign the &oll

of $ttorneys :,plain your answer. (6)

- III -

$tty. >uripot was one of own /an8=s valued clients. In recognition of his loyalty to

the ban8 he was issued a gold credit card with a credit li%it of !A9999.99. $fter

two %onths $tty. >uripot e,ceeded his credit li%it and refused to pay the %onthly

charges as they fell due. $side fro% a collection suit own /an8 also led a

disbar%ent case against $tty. >uripot.

In his co%%ent on the disbar%ent case $tty. >uripot insisted that he did not violatethe Code of !rofessional &esponsibility since his obligation to the ban8 was

personal in nature and had no relation to his being a lawyer.

a) Is $tty. >uripot correct :,plain your answer. (6)

b) :,plain whether $tty. >uripot should be held ad%inistratively liable for his refusal

to settle his credit card bill. (6)

- IB -

ou had +ust ta8en your oath as a lawyer. he secretary to the president of a big

university o5ered to get you as the o2cial notary public of the school. 'he

e,plained that a lot of students lose their Identication Cards and are re3uired to

secure an a2davit of loss before they can be issued a new one. 'he clai%ed that

this would be very lucrative for you as %ore than 69 students lose their

Identication Cards every %onth. #owever the secretary wants you to give her one-

half of your earnings therefro%.


3/26

Will you agree to the arrange%ent :,plain. (A)

- B -

*udge #oracio would usually go to the coc8pits on 'aturdays for rela,ation as the

owner of the coc8pit is a friend of his. #e also goes to the casino once a wee8 to

acco%pany his wife who loves to play the slot %achines. /ecause of this *udge

#oracio was ad%inistratively charged. When as8ed to e,plain he said that although

he goes to these places he only watches and does not place any bets.

Is his e,planation tenable :,plain. (A)

- BI -

$ business%an is loo8ing for a new retainer. #e approached you and as8ed for your

schedule of fees or charges. #e infor%ed you of the professional fees he is presently

paying his retainer which is actually lower than your rates. #e said that if your rates

are lower he would engage your services.

Will you lower your rates in order to get the client :,plain. (A)

- BII -

(1.) *udge 'egotier is a %e%ber of !hi Du !hi Eraternity. $tty. Donato led a %otion

to dis3ualify *udge 'egotier on the ground that the counsel for the opposing party is

also a %e%ber of the !hi Du !hi Eraternity. *udge 'egotier denied the %otion.

Co%%ent on his ruling. (A)

(.) In an intestate proceeding a petition for the issuance of letters of

ad%inistration in favor of a &egional rial Court *udge was led by one of the heirs.

$nother heir opposed the petition on the ground that the +udge is dis3ualied to

beco%e an ad%inistrator of the estate as he is the brother-in-law of the deceased.

&ule on the petition. (A)

- BIII -

Fue to the nu%ber of cases handled by $tty. Cesar he failed to le a notice of

change of address with the Court of $ppeals. #ence he was not able to le an

appellant=s brief and conse3uently the case was dis%issed. $ggrieved $tty. Cesar

led a %otion for reconsideration of the resolution dis%issing the appeal and to set

aside the entry of +udg%ent on the ground that he already indicated in his ?GrgentMotion for :,tension of i%e to Eile $ppeal /rief@ his new address and that his

failure to le a notice of change of address is an e,cusable negligence.

Will the %otion prosper :,plain. (A)

- IH -


4/26

Farius is charged with the cri%e of %urder. #e sought $tty. Erancia=s help and

assured the latter that he did not co%%it the cri%e. $tty. Erancia agreed to

represent hi% in court. Furing the trial the prosecution presented several witnesses

whose testi%onies convinced $tty. Erancia that her client is guilty. 'he confronted

his client who eventually ad%itted that he indeed co%%itted the cri%e. In view of

his ad%ission $tty. Erancia decided to withdraw fro% the case.

'hould $tty. Erancia be allowed to do so :,plain. (A)

- H -

$tty. abang was suspended as a %e%ber of the /ar for a period of one (1) year.

Furing the period of suspension he was per%itted by his law r% to continue

wor8ing in their o2ce drafting and preparing pleadings and other legal docu%ents

but was not allowed to co%e into direct contact with the r%s= clients. $tty. abang

was subse3uently sued for illegal practice of law.

Would the case prosper :,plain. (A)

- HI -

$tty. *apon a for%er partner of HHH law r% is representing >apuso Corporation in

a civil case against >apa%ilya Corporation whose legal counsel is HHH law r%. $tty.

*apon clai%s that she never handled the case of >apa%ilya Corporation when she

was still with HHH law r%.

Is there a conJict of interest :,plain. (A)

- HII -

!ending before the sala of *udge Magbag is the case of CF0 versus *K. he legal

counsel of *K is $tty. csing who happens to be the brother of $tty. Eerreras a

friend of *udge Magbag. While the case was still being heard $tty. Eerreras and his

wife celebrated their wedding anniversary. hey invited their friends and fa%ily to a

dinner party at their house in Eorbes !ar8. *udge Magbag attended the party and

was seen conversing with $tty. csing while they were eating at the sa%e table.

Co%%ent on the propriety of *udge Magbag=s act. (A)

- HIII -

0erry Cru is the owner of a 1999-s3uare %eter lot covered by ransfer Certicate

of itle Do. 16;A located in 'a%paloc Metro Manila. 0erry decided to sell the

property but did not have the ti%e to loo8 for a buyer. #e then designated his

brother *on to loo8 for a buyer and negotiate the sale. *on %et $ngelo 'antos who

e,pressed his interest to buy the lot. $ngelo agreed to pay !1 Million for the

property on 'epte%ber L 99A.


5/26

a) Fraft the 'pecial !ower of $ttorney to be e,ecuted by 0erry Cru as principal in

favor of his brother *on as agent authoriing the latter to sell the property in favor

of $ngelo 'antos. ()

b) Fraft the Feed of 'ale of &eal !roperty. ()

- HIB -

Fraft a withdrawal of counsel without confor%ity of client. (L)

- HB -

Fraft a Dotice of $ppeal. (L) N HBI N Fraft a Certication of Don-Eoru% 'hopping.

(L)

D#ID0 E


6/26

. 'upposing onyis a defendant in a civil case for collection of su% of %oney

before the sa%e court can $tty. Eernande appear for hi% to conduct his

litigation A

- IB -

$tty. ldie O9 yearsold refuses to pay his I/! dues. #e argues he is a senior citien

and se%i-retired fro% the practice of law. herefore he should be e,e%pt fro%

pating I/! dues.

1. Is his argu%ent correct 6

Eor the sa%e reasons $tty. ldie also insist that he should be e,e%pt fro% the

Mandatory Cntinuing han has been charging her e,orbitant appearance fees when all he

does %ove for postpone%ents which have unduly delayed the proceedings" and

that recently she learned that $tty. >han approached her husband as8ing for a

huge a%ount in e,change for the withdrawal of her Motion for issuance of #old

Feparture rder so that he and his children can leave for abroad.

1. Is it ethical for $tty. Mendoa to advise Myrna to ter%inate the servicesof $tty.

>han and hire hi% instead for a reasonable attorney=s fees A

. What should $tty. Mendoa do about the infor%ation relayed to hi% by Myrna

that $tty. >han approached her husband with an indecent proposal A

- BI -

In his petition for certiorari led with the 'upre%e Court $tty . Fion alleged that

$tty .!adilla a legal researcher in the Court of $ppeals drafted the assailed

Fecision" that he is ignorant of the applicable laws" and that he should be disbarred.

Can $tty .Fion in castigating $tty .!adilla be held liable for unethical conduct

against the Court of $ppeals A

- BII -

!rovincial !rosecutor /onifacio refused to represent the Municipality of 'an Bicente

in a case for collection of ta,es. #e e,plained that he cannot handle the case with

sincerity and industry because he does not believe in the position ta8en by the

%unicipality.


7/26

Can !rosecutor /onifacio be sanctioned ad%inistratively A

- BIII -

!rosecutor Coronel entered his appearance on behalf of the 'tate before a Ea%ily

Court in a case for declaration of nullity of %arriage but he failed to appear in all

the subse3uent proceedings. When re3uired by the Fepart%ent of *ustice to

e,plain he argued that the parties in the case were ably represented by their

respective counsels and that his ti%e would be better e%ployed in %ore substantial

prosecutorial functions such as investigations in3uests and appearances in court

hearings.

Is $tty .Coronel=s e,planation tenable A

- IH -

$tty .Marie consulted $tty .#ernande whether she can successfully prosecute her

case for declaration of nullity of %arriage she intends to le against her husband.$tty. #ernande advised her in writing that the case will not prosper for the reasons

stated therein. $tty .Marie however decided to le the case and engaged the

services of another lawyer $tty .!e. #er husband Doel having learned about the

opinion of $tty .#ernande hired hi% as his lawyer .

Is $tty .#ernande=s ac3uiescence to be Doel=s counsel ethical 6

- H -

In the course of a drin8ing spree with $tty. #olgado who has always been his

counsel in business deals 'i%on bragged about his recent se,ual adventures with

socialites 8nown for their e,pensive tastes. When $tty. #olgado as8ed 'i%on how he

%anages to nance his escapades the latter answered that he has been using the

ban8 deposits of rich clients of /anco Eilipino where he wor8s as %anager.

Is 'i%on=s revelation to $tty. #olgado covered by the attorney-client privilege A

- HI -

he contract of attorney=s fees entered into by $tty .Kuintos and his client 'usan

stipulates that if a +udg%ent is rendered in her favor he gets L9 of the property

recovered as contingent fee. In turn he will assu%e pay%ent of all e,penses of the

litigation.

1. Is the agree%ent valid .A

. May $tty .Kuintos and 'usan increase the a%ount of the contingent fee to

O9 .A

- HII -


8/26

1. What is ?assu%psit@ and when is it proper

. 0ive ; instances when a client %ay validly refuse to pay his lawyer the full

a%ount of attorney=s fees stipulated in their written contract. ;

- HIII -

0ive ; instances when a client %ay validly refuse to pay his lawyer the full a%ount

of attorney=s fees stipulated in their written contract. ;

- HIB -

$tty. !ere was ad%itted as a %e%ber of the Dew or8 /ar. While in Manhattan he

was convicted of estafa and was disbarred.

Foes his disbar%ent in Dew or8 a ground for his auto%atic disbar%ent in the

!hilippines .A

- HB -

Which of the following acts does not constitute a ground for disbar%ent :,plain.

.A

1. 0ross %isconduct

. Eraudulent %isrepresentation

6. 0rossly i%%oral conduct

;. Biolation of the


9/26

Fraft an Infor%ation charging bet /uena with arson led with the &egional rial

Court. /ranch 19 Manila. 19

NOTHING FOLLOWS.

Bar Exams 200) Ques!"#s !# Le$a% E&!'s ( Pra'!'a% Exer'!ses

- I -

(19)

What are the duties of an attorney

- II -

(19)

C engages the services of attorney F concerning various %ortgage contracts

entered into by her husband fro% who% she is separated fearful that her real

estate properties will be foreclosed and of i%pending suits for su%s of %oney

against her. $ttorney F advised C to give hi% her land titles covering her lots so he

could sell the% to enable her to pay her creditors. #e then persuaded her e,ecute

deeds of sale in his favor without any %onetary or valuable consideration to which

C agreed on condition that he would sell the lots and fro% the proceeds pay her

creditors.


10/26

$ttorney M replied that D did not give hi% his full cooperation" that the volu%inous

records turned over to hi% were in disarray and that appeared for D he had only

half of the infor%ation and bac8ground of the case" that he was assured by D=s

friends that they had approach the +udge" that they re3uested hi% (M) to prepare a

%otion for reconsideration which he did and gave to the%" however these friends

did not return the copy of the %otion.

Will the ad%inistrative case proper 0ive reasons for your answer.

- IB -

(19)

When is recovery of attorney=s fees based on quantum meruitallowed

- B -

(19)

Furing the hearing of an election protest led by his brother *udge : sat in the areareserved for the public not beside his brother=s lawyer. *udge :=s brother won the

election protest. the defeated candidate for %ayor led an ad%inistrative case

against *udge : for e%ploying inJuence and pressure on the +udge who heard and

decided the election protest.

*udge : e,plained that the %ain reasons why he was there in the courtroo% were

because he wanted to observe how election protest are conducted as he has never

conducted one and because he wanted to give %oral support to his brother.

Fid *udge : co%%it an act of i%propriety as a %e%ber of the +udiciary :,plain

- BI -

(otal 19)

a. $ and / are accused of :stafa by C the wife of &egional rial Court *udge F.

*udge F testied as a witness for the prosecution in the :stafa case. Fid

*udge F co%%it an act of i%propriety 0ive reasons for your answer. (A)

b. What 3ualities should an ideal +udge possess under the Dew Code of *udicial

Conduct for the !hilippine *udiciary (A)

- BII -

(otal 19)

a. What evidence of identity does the 99; &ules on Dotarial !ractice re3uire

before a notary public can o2cially a2, his notarial seal on and sign a

docu%ent presented by an individual who% the notary public does not

personally 8now (A)


11/26

b. When can *udges of the Municipal rial Courts (MC) and Municipal Circuit

rial Courts (MCC) perfor% the function of notaries public ex ocio even if

the notariation of the docu%ents are not in connection with the e,ercise of

their o2cial function and duties (A)

- BIII -(19)

!repare a clause stipulating a right of rst refusal to be e%bodied in a contract of

lease in case of sale of the property leased.

- IH -

(19)

!repare an a2davit of %erits to be attached to a !etition for &elief.

- H -

(19)

!repare an arbitration clause to be included in a contract.

NOTHING FOLLOWS.

200* Bar Ques!"#s !# Le$a% E&!'s a#+ Pra'!'a% Exer'!ses

I

Christine was appointed counsel de ocio for Pu%a who was accused of raping his

own daughter. Pu%a pleaded not guilty but thereafter privately ad%itted to

Christine that he did co%%it the cri%e charged.

a) In light of Pu%a=s ad%ission what should Christine do :,plain. (6)

b) Can Christine disclose the ad%ission of Pu%a to the court Why or why not ()

c) Can Christine withdraw as counsel of Pu%a should he insist in going to trial

:,plain. (6)

II

In 1QQO $cara%ba a teleco%%unications co%pany signed a retainer agree%ent

with /ianca R 'ophia


12/26

for $cara%ba was the review of a lease agree%ent and representation of $cara%ba

as a co%plainant in a bouncing chec8s case. $cara%ba stopped paying retainer fees

in 99 and ter%inated its retainer agree%ent with / R ' in 99A. In 99

e%avous another teleco%%unications co%pany re3uested / R ' to act as its

counsel in the following transactions7 (a) the ac3uisition of $cara%ba" and (b) the

ac3uisition of 'uper-L a co%pany engaged in the power business.

In which transactions if any can /ianca R 'ophia


13/26

ac3uiring by purchase properties and rights which are the ob+ect of litigation in

which they ta8e part by reason of their profession. Is the refusal +ustied :,plain.

(;)

B

he vendor led a case against the vendee for the annul%ent of the sale of a piece

of land.

a) $ssu%e the vendee obtained a su%%ary +udg%ent against the vendor. Would the

counsel for the defendant vendee be entitled to enforce a charging lien :,plain.

(;)

b) $ssu%e through the e,cellent wor8 of the vendee=s counsel at the pre-trial

conference and his wise use of %odes of discovery the vendor was co%pelled to

%ove for the dis%issal of the co%plaint. In its order the court si%ply granted the%otion. Would your answer be the sa%e as in 3uestion (a) :,plain. (6)

BI

$tty. $bigail led ad%inistrative cases before the 'upre%e Court against *udge


14/26

'tate with a brief e,planation whether the lawyer concerned %ay be sanctioned

for the conduct stated below.

a) Eiling a co%plaint that fails to state a cause of action thereby resulting in the

defendant succeeding in his %otion to dis%iss. (6)

b) $ suspended lawyer wor8ing as an independent legal assistant to gather

infor%ation and secure docu%ents for other lawyers during the period of his

suspension. (6)

c) $ suspended lawyer allowing his non-lawyer sta5 to actively operate his law

o2ce and conduct business on behalf of clients during the period of suspension.

(6)

d) >eeping %oney he collected as rental fro% his client=s tenant and re%itting it to

the client when as8ed to do so. (6)

e) &efusing to return certain docu%ents to the client pending pay%ent of hisattorney=s fees. (6)

f) $n unwed fe%ale lawyer carrying on a clandestine a5air with her unwed %ale

hairdresser. (6)

g) Dot paying the annual I/! dues. (6)

IH

'tate with a brief e,planation whether the +udge concerned %ay be sanctioned forthe conduct stated below.

a) &efusing to inhibit hi%self although one of the lawyers in the case is his second

cousin. (6)

b) Feciding a case in accordance with a 'upre%e Court ruling but adding that he

does not agree with the ruling. (6)

c) Fictating his decision in open court i%%ediately after trial. (6)

H

Ian $lba owns a house and lot at Do. Q West $guila 0reen Cross 'ubdivision

Kueon City which he leased to *un Miranda for a ter% of two years starting May 1

99L at a %onthly rental of !A9999. *un defaulted in the pay%ents of his rentals

for si, (L) %onths fro% *anuary 1 99 to *une 69 99.


15/26

a) !repare a de%and letter as lawyer of Ian $lba addressed to *un Miranda

preparatory to ling an e+ect%ent case. (6)

b) $ssu%e *un Miranda did not heed your de%and letter. Fraft a co%plaint for

e+ect%ent. (%it verication and a2davit of non-foru% shopping). (Q)

HI

Fraft a co%plete deed of donation of a piece of land in accordance with the for%

prescribed by the Civil Code. (O)

Bar Exams 200, Ques!"#s !# Le$a% E&!'s a#+ Pra'!'a% Exer'!ses

BAR EXAMS 200, QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES

PART I

I

TRUE "r -ALSE.$nswer &G: if the state%ent is true or E$


16/26

III

1. May a party appear as his own counsel in a cri%inal or in a civil case

:,plain. (6)

1. What is the student practice rule ()

I/

1. In a case for ho%icide led before the &egional rial Court (&C) !residing

*udge Kuintero issued an order for the arrest of the accused granted a

%otion for the reduction of bail and set the date for the arraign%ent of the

accused. 'ubse3uently *udge Kuintero inhibited hi%self fro% the case

alleging that even before the case was raSed to his court he already had

personal 8nowledge of the circu%stances surrounding the case. Is *udge

Kuintero=s inhibition +ustied :,plain. (6)

. $fter being diagnosed with #tre## dermatiti# *udge &osalind without see8ingper%ission fro% the 'upre%e Court refused to wear her robe during court

proceedings. When her attention was called she e,plained that whenever

she wears her robe she is re%inded of her heavy caseload thus %a8ing her

tense. his in turn triggers the outbrea8 of s8in rashes. Is *udge &osalind

+ustied in not wearing her +udicial robe :,plain. (6)

/

Cli5 and 0reta were law school sweethearts. Cli5 beca%e a lawyer but 0reta

dropped out. ne day Cli5 as8ed 0reta to sign a %arriage contract. he following

day Cli5 showed 0reta the docu%ent already signed by an alleged sole%niingo2cer and two witnesses. Cli5 then told 0reta that they were already %arried and

0reta consented to go on a honey%oon. hereafter the couple cohabited and begot

a child. wo years later Cli5 left 0reta and %arried a Beneuelan beauty. Incensed

0reta led a disbar%ent co%plaint against Cli5. Will the case prosper :,plain. (;)

/I

$tty. 'abungero obtained a notarial co%%ission. ne 'unday while he was at the

coc8pit a person approached hi% with an a2davit that needed to be notaried.

$tty. 'abungero i%%ediately pulled out fro% his poc8et his s%all notarial seal and

notaried the docu%ent. Was the a2davit validly notaried :,plain. (6)

/II

$tty. Manuel is counsel for the defendant in a civil case pending before the &C.

$fter receiving the plainti5=s !re-rial /rief containing the list of witnesses $tty.

Manuel interviewed so%e of the witnesses for the plainti5 without the consent of

plainti5=s counsel.


17/26

1. Fid $tty. Manuel violate any ethical standard for lawyers :,plain. (6)

. Will your answer be the sa%e if it was the plainti5 who was interviewed by

$tty. Manuel without the consent of plainti5=s counsel :,plain. ()

/III

Court of $ppeals (C$) *ustice *uris was ad%inistratively charged with gross

ignorance of the law for having issued an order ?te%porarily en+oining@ the

i%ple%entation of a writ of e,ecution and for having issued another order for the

parties to ?%aintain the status 3uo@ in the sa%e case. /oth orders are obviously

without any legal basis and violate C$ rules. In his defense *ustice *uris clai%s that

the challenged orders were collegial acts of the C$ Fivision to which he belonged.

hus he posits that the charge should not be led against hi% alone but should

include the two other C$ +ustices in the Fivision. Is the contention of *ustice *uris

tenable :,plain. (6)

IX

$le,ander 'ison resident of 111


18/26

. It is ethical for a lawyer to advise his client to enter a plea of guilty in a

cri%inal case if the lawyer is personally convinced that he cannot win the

case for his client.

6. here is no presu%ption of innocence or i%probability of wrongdoing in an

attorney=s favor when he deals with his client concurrently as lawyer and asbusiness%an.

;. he satisfaction of a +udg%ent debt does not by itself bar or e,tinguish the

attorney=s liens e,cept when there has been a waiver by the lawyer as

shown by his conduct or his passive o%ission.

A. $ co%panion or e%ployee of the +udge who lives in the +udge=s household is

included in the denition of the ?+udge=s fa%ily.@

XII

Write the co%plete te,t of the attorney=s oath. (A)

XIII

$tty. #yde a bachelor practices law in the !hilippines. n long wee8ends he dates

beautiful actresses in #ong >ong. >ristine a neighbor in the !hilippines led with

the 'upre%e Court an ad%inistrative co%plaint against the lawyer because of se,

videos uploaded through the internet showing $tty. #yde=s sordid dalliance with the

actresses in #ong >ong.

In his answer $tty. #yde (1) 3uestions the legal personality and interest of >ristine

to institute the co%plaint and () insists that he is a bachelor and the se, videos

relate to his private life which is outside public scrutiny and have nothing to do with

his law practice.

&ule on the validity of $tty. #yde=s defenses. (A)

XI/

Marlyn a widow engaged the services of $tty. &o%anito in order to avert the

foreclosure of several parcels of land %ortgaged by her late husband to several

creditors. $tty. &o%anito advised the widow to e,ecute in his favor deeds of sale

over the properties so that he could sell the% and generate funds to pay her

creditors. he widow agreed. $tty. &o%anito did not sell the properties but paid the%ortgage creditors with his own funds and had the land titles registered in his

na%e. $tty. &o%anito succeeds in averting the foreclosure. Is he ad%inistratively

liable &easons. (6)

X/


19/26

$tty. Wil%ar represented /eatri in a partition case a%ong heirs and won. When

Wil%ar de%anded pay%ent of attorney=s fees /eatri refused to pay. Wil%ar sued

/eatri for the unpaid attorney=s fees and obtained a favorable +udg%ent.

hereafter /eatri led an ad%inistrative co%plaint against Wil%ar clai%ing that

he lied when he stated in his clai% for attorney=s fees that the sub+ect of the

partition case involved the entire estate of the deceased when in fact it coveredonly A9 thereof. Wil%ar set up the defenses that (1) /eatri led the co%plaint

only to delay the e,ecution of the +udg%ent ordering her to pay attorney=s fees and

() /eatri engaged in foru%-shopping. $re the defenses of $tty. Wil%ar tenable

:,plain. (;)

X/I

$tty. 'i%eon persuaded $r%ando /enigno and Ciriaco to invest in a business

venture that later went ban8rupt. $r%ando /enigno and Ciriaco charged $tty.

'i%eon with estafa. 'i%ultaneously they led an ad%inistrative co%plaint against

the lawyer with the 'upre%e Court.

1. If 'i%eon is convicted of estafa will he be disbarred :,plain. (6)

. If 'i%eon is ac3uitted of the estafa charge will the disbar%ent co%plaint be

dis%issed :,plain. (6)

X/II

When $tty. &o%ualdo interviewed his client Bicente who is accused of %urder the

latter confessed that he 8illed the victi% in cold blood. Bicente also said that when

he ta8es the witness stand he will deny having done so. Is $tty. &o%ualdo obliged

under his oath as lawyer to infor% the +udge that TaU his client is guilty and TbU hisclient will co%%it per+ury on the witness stand :,plain. (;)

X/III

n a 'aturday $tty. !aterno led a petition for a writ of a%paro with the Court of

$ppeals (C$). I%pelled by the urgency for the issuance of the writ $tty. !aterno

persuaded his friend C$ *ustice *ohnny de la Cru to issue the writ of a%paro and

the notice of hearing without the signature of the two other *ustices-%e%bers of the

C$ division. $re $tty. !aterno and *ustice de la Cru guilty of unethical conduct

:,plain. (;)

XIX

&o%eo #acendero wants to authorie *uanito $hente to sell on cash basis for a

price not lower than !A99999.99 a parcel of land situated in MuVo Dueva :ci+a

and covered by ransfer Certicate of itle Do. 16;AL in the &egister of Feeds of

Dueva :ci+a. !repare a 'pecial !ower of $ttorney granting such authority. (;)


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XX

Ero% the a2davits and the death certicate sub%itted during the preli%inary

investigation the following facts are established7 $t L799 o=cloc8 in the evening of

'epte%ber 16 99Q at the corner of Fapitan and Fos Castillas 'ts. 'a%paloc

Manila :dgar /astonero alia#/ugoy and Carlos irador alia#!ogi accosted*ohnny :scolar a student and de%anded the latter=s cellular phone and wrist

watch. /ecause *ohnny resisted /astonero pulled out a 8nife and stabbed *ohnny

several ti%es in the chest causing instantaneous death. /astonero and irador then

ran away. he a2davits were e,ecuted by Willia% an and #enry Gy class%ates of

*ohnny who witnessed the entire incident. he death certicate was issued by Fr.

*ose Cabra who conducted the autopsy on *ohnny.

$s $ssistant City !rosecutor in Manila prepare the appropriate cri%inal infor%ation

to be led in court. (19)

$NOTHING FOLLOWS$

200 Bar Exams1 Ques!"#s !# Le$a% E&!'s a#+ Pra'!'a% Exer'!ses

PART I

I

!repare the following7

a. Berication and Certication against Eoru% 'hopping. (A)

b. !etition for


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appreciating the facts as borne by the evidence presented. $tty. H les an

ad%inistrative co%plaint against $tty. for using abusive language.

$tty. posits that as lawyer for the down-trodden laborers he is entitled to e,press

his righteous anger against the Co%%issioners for having cheated the%" that his

allegations in the Motion for &econsideration are absolutely privileged" and thatproscription against the use of abusive language does not cover pleadings led with

the D


22/26


23/26

Fece%ber 99O. $fter the holidays he established his own law o2ce and resu%ed

his practice of law.

Months later a concerned wo%an who had secured copies of $tty. &ichards=

naturaliation papers with consular authentication led with the 'upre%e Court an

anony%ous co%plaint against hi% for illegal practice of law.

a. May the 'upre%e Court act upon the co%plaint led by an anony%ous

person Why or why not (6)

b. Is respondent entitled to resu%e the practice of law :,plain. (A)

PART II

XII

&ebecca=s co%plaint was raSed to the sala of *udge $. &ebecca is a daughter of

*udge $=s wife by a previous %arriage. his is 8nown to the defendant who does nothowever le a %otion to inhibit the *udge.

Is the *udge +ustied in not inhibiting hi%self fro% the case (6)

XIII

&eacting to newspaper articles and verbal co%plaints on alleged ra%pant sale of

e%porary &estraining rders by *udge H the 'upre%e Court ordered the conduct

of a discreet investigation by the 2ce of the Court $d%inistrator.

*udges in the place where *udge H is assigned conr%ed the co%plaints.

a. What ad%inistrative charge4s %ay be leveled against *udge H :,plain. (6)

b. What defense4s can *udge H raise in avoidance of any liability ()

XI/

Earida engaged the services of $tty. 0arudo to represent her in a co%plaint for

da%ages. he two agreed that all e,penses incurred in connection with the case

would rst be shouldered by $tty. 0arudo and he would be paid for his legal services

and rei%bursed for all e,penses which he had advanced out of whatever Earida %ay

receive upon the ter%ination of the case. What 8ind of contract is this ()

X/

&ico an a%iable sociable lawyer owns a share in Marina 0olf Club easily one of

the %ore posh golf courses. #e relishes hosting parties for govern%ent o2cials and

%e%bers of the bench.


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ne day he had a chance %eeting with a +udge in the Intra%uros golf course. he

two readily got along well and had since been regularly playing golf together at the

Marina 0olf Club.

a. If $tty. &ico does not discuss cases with %e%bers of the bench during parties

and golf ga%es is he violating the Code of !rofessional &esponsibility:,plain. (6)

b. #ow about the %e%bers of the bench who grace the parties of &ico are they

violating the Code of *udicial Conduct :,plain. (6)

X/I

*udge < is assigned in urtle !rovince. #is brother ran for 0overnor in &abbit

!rovince. Furing the election period this year *udge < too8 a leave of absence to

help his brother conceptualie the ca%paign strategy. #e even contributed a

%odest a%ount to the ca%paign 8itty and hosted lunches and dinners.

Fid *udge < incur ad%inistrative and4or cri%inal liability :,plain. (6)

X/II

*udge H was invited to be a guest spea8er during the annual convention of a private

organiation which was covered by %edia. 'ince he was given the liberty to spea8

on any topic he discussed the recent decision of the 'upre%e Court declaring that

the !resident is not under the Constitution proscribed fro% appointing a Chief

*ustice within two %onths before the election.

In his speech the +udge de%urred to the 'upre%e Court decision and even stressed

that the decision is a serious violation of the Constitution.

a. Fid *udge H incur any ad%inistrative liability :,plain. (6)

b. If instead of ventilating his opinion before the private organiation *udge H

incorporated it as an o&iter dictum' in one of his decisions did he incur any

ad%inistrative liability :,plain. (6)

X/III

a. Fraft the accusatory portion of an Infor%ation for &$!: of a 16-year old child

co%%itted by her %aternal uncle in broad daylight at the bac8 of a church.(A)

b. Fraft a !etition for the Issuance of a Writ of Ha&ea# Data. (A)

c. Fraft a !etition for /ail. (A)

XIX


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*udges of the rst and second level courts are allowed to receive assistance fro%

the local govern%ent units where they are stationed. he assistance could be in the

for% of e3uip%ent or allowance.

*ustices at the Court of $ppeals in the regional stations in the Bisayas and Mindanao

are not necessarily residents there hence they incur additional e,penses for theiracco%%odations.

!ass on the propriety of the *ustices= receipt of assistance4allowance fro% the local

govern%ents. (6)

XX

$rabella led a co%plaint for disbar%ent against her estranged husband $tty. ! on

the ground of i%%orality and use of illegal drugs.

$fter $rabella presented evidence and rested her case before the Investigating

Co%%issioner of the I/! Co%%ittee on /ar Fiscipline she led an $2davit ofFesistance and %otion to dis%iss the co%plaint she and her husband having

reconciled for the sa8e of their children.

ou are the Investigating Co%%issioner of the I/!. /earing in %ind that the fa%ily is

a social institution which the 'tate is duty-bound to preserve what will be your

action on $rabella=s %otion to dis%iss the co%plaint (6)

XXI

n the proposal of *udge 0 which was accepted he and his fa%ily donated a lot to

the city of 0yoa on the condition that a public transport ter%inal would be

constructed thereon. he donation was accepted and the condition was co%plied

with.

he fa%ily-owned tracts of land in the vicinity of the donated lot suddenly

appreciated in value and beca%e co%%ercially viable as in fact a restaurant and a

hotel were soon after built.

Fid the *udge co%%it any violation of the Code of *udicial Conduct ()

XXII

$ retired %e%ber of the *udiciary is now engaged in private practice. In attendinghearings he uses his car bearing his protocol plate which was issued to hi% while

still in the service. !ass on the ethical aspect of the +udge=s use of the protocol

plate. ()

NOTHING FOLLOWS.


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bar exams questions in legal ethics and practical exercises

Documents