LEGAL ETHICS FAQ

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San Beda College Alabang School of Law
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 LEGAL ETHICS FAQ

EXECUTIVE COMMITTEE 2018 – 2019

CHAIRPERSON Catriona Janelle Gayatin

VICE CHAIRPERSON FOR ACADEMICS Jerekko Cadorna
VICE CHAIRPERSON FOR ACADEMIC OPERATIONS Rodel Cadorniga Jr.
VICE CHAIRPERSON FOR HOTEL OPERATIONS Emmanuel Josef Jovellanos
EXECUTIVE OFFICER FOR HOTEL OPERATIONS Christian Boy Benedict Tiangco
VICE CHAIRPERSON FOR FINANCE Katreena Frances Monje
VICE CHAIRPERSON FOR SECRETARIAT Odette Marie Jumao-as
VICE CHAIRPERSON FOR COMMUNICATIONS Maryll Ann Ragpala
VICE CHAIRPERSON FOR RECRUITMENT AND MEMBERSHIP Giulia Ingrid Calub
VICE CHAIRPERSON FOR ELECTRONIC DATA PROCESSING John Eli Zuriel Bitong

San Beda College Alabang School of Law Administration

Dr. Ulpiano P. Sarmiento III

Dean and Adviser

ATTY. Anna Marie Melanie B. Trinidad

Vice Dean

ATTY. Carlo D. Busmente

Prefect of Student Affairs

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 LEGAL ETHICS FAQ

LEGAL ETHICS TEAM

Subject Head Andrei Maghirang

Members Darla Enriquez

Kath Azarias
Christian Magsino
Edward Mendoza
Dana Denisse Ricaplaza
Rhena Saranza

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 LEGAL ETHICS FAQ
FREQUENTLY ASKED QUESTIONS
I. JUDICIAL ETHICS
Q: (2010)Judge X was invited to be a
guest speaker during, the annual
convention of a private organization
which was covered by media Since he
was given the liberty to speak on any
topic, he discussed the recent decision
of the Supreme Court declaring that the
President is not, under the Constitution,
proscribed from appointing a Chief
Justice within two months before the
election.
In his speech, the judge demurred to
the Supreme Court decision and even
stressed that the decision is a serious
violation of the Constitution.
B. Did Judge X incur any
administrative liability? Explain. (3%)
SUGGESTED ANSWER:
He did not incur administrative liability.
Sec. 4, Canon 4 of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “[Judges, like
any other citizen, are entitled to
freedom of expression, belief,
association and assembly, but in
exercising such rights, they shall always
conduct themselves in such a manner
as to preserve the dignity of the judicial
office and the impartiality and
independence of the judiciary.”
C. If instead of ventilating his
opinion before the private organization,
Judge X incorporated it, as an obiter
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dictum, in one of his decisions, did he
incur any administrative liability? Explain.
(3%)
SUGGESTED ANSWER:
In deciding cases, a judge is supposed
to be faithful to the law, which includes
decisions of the Supreme Court. If he
feels that a doctrine enunciated by the
Supreme Court is against his way of
reasoning or his conscience, he may
state his personal opinion on the matter
but should decide the case in
accordance with the law or doctrine
and not with his personal views (Garcia
v. Burgos, 291 ASCRA 546 [1998]). The
fact that Judge X ventilated his personal
opinion merely as an obiter dictum
indicates that he did not decide the
case in accordance with his personal
opinion. But, still, it undermines the
authority of the Supreme Court, and he
may incur administrative liability for it.
II. JUDICIAL ETHICS
Q: (2009)
[a] In a case for homicide filed
before the Regional Trial Court (RTC),
Presiding Judge Quintero issued an
order for the arrest of the accused,
granted a motion for the reduction of
bail, and set the date for the
arraignment of the accused.
Subsequently, Judge Quintero inhibited
himself from the case, alleging that
even before the case was raffled to his
court, he already had personal
knowledge of the circumstances
surrounding the case. Is Judge
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Quintero’s inhibition justified? Explain.
(3%)
SUGGESTED ANSWER:
Judge Quintero’s inhibition is justified.
One of the grounds for inhibition under
Section 5, Canon 3 of the New Code of
Judicial Conduct for the Philippine
Judiciary is “where the judge has actual
bias or prejudice concerning a party or
personal knowledge of disputed
evidentiary facts concerning the
proceedings.”
[b] After being diagnosed with stress
dermatitis, Judge Rosalind, without
seeking permission from the Supreme
Court, refused to wear her robe during
court proceedings. When her attention
was called, she explained that
whenever she wears her robe she is
reminded of her heavy caseload, thus
making her tense. This, in turn, triggers
the outbreak of skin rashes. Is Judge
Rosalind justified in not wearing her
judicial robe? Explain. (3%)
SUGGESTED ANSWER:
Judge Rosalind is not justified. In Chan v.
Majaducon (413 SCRA 354 [2003]), the
Supreme Court emphasized that the
wearing of robes by judges as required
by Adm. Circular No. 25, dated June 9,
1989, serves the dual purpose of
heightening public consciousness on
the solemnity of judicial proceedings
and in impressing upon the judge the
exacting obligations of his office. The
robe is part of judges’ appearance and
is as important as a gavel. The Supreme
Court added that “while circumstances,
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such as the medical condition claimed
by respondent judge, may exempt one
from complying with AC No. 25, he must
first secure the Court’s permission for
such exemption. He cannot simply
excuse himself, like respondent judge,
from complying with the requirement
III. JUDICIAL ETHICS
Q: (2005)
(1) Judge Segotier is a member of Phi
Nu Phi Fraternity. Atty. Nonato filed a
motion to disqualify Judge Segotier on
the ground that the counsel for the
opposing party is also a member of the
Phi Nu Phi Fraternity. Judge Segotier
denied the motion.
Comment on his ruling. (5%)
SUGGESTED ANSWER:
The ruling of Judge Segotier is correct.
The fact that a judge is a former
classmate of one of the counsels in a
case has been held to be insufficient
ground for the disqualification of the
judge (Vda. de Bonifacio vs. B.L.T. Bus
Co., Inc. 34 SCRA, 618 [1970]). Intimacy
or friendship between judge and an
attorney of record has also been held to
be insufficient ground for the former’s
disqualification (Masadao 82, Elizaga,
Re Criminal Case No. 4954-M, 155 SCRA
72 [1987]).
(2) In an intestate proceeding, a
petition for the issuance of letters of
administration in favor of a Regional Trial
Court Judge was filed by one of the
heirs. Another heir opposed the petition
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on the ground that the judge is
disqualified to become an administrator
of the estate as he is the brother- in-law
of the deceased.
Rule on the petition. (5%)
SUGGESTED ANSWER:
I will deny the petition for issuance of
letters of administration in favor of a
Regional Trial Court judge. Rule 5.06 of
the Code of Judicial Conduct provides
that “a judge should not serve as the
executor, administrator, trustee,
guardian, or other fiduciary, except for
the estate, trust, or person of a member
of the immediate family, and then only
if such service will not interfere with the
proper performance of his judicial
duties.” The exception is not applicable
because “member of the immediate
family” is defined in the same rule as
"limited to the spouses and relatives
within the second degree of
consanguinity”. The deceased brother-
in-law of the judge is not a relative
within the second degree of
consanguinity, but of affinity.
IV. JUDICIAL ETHICS
Q: (1999) IX. Justice X of the Court of
Appeals, by mutual agreement of two
opposing parties, asked him to be their
sole arbitrator in the controversy that
arose out of the construction of a
building in Makati City. The fee that
would be paid to him was substantial, it
amounting to double his annual salary
and allowances. When Justice X
declined the offer, the parties
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suggested that he go on leave of
absence for three months to enable him
to do the job. May Justice X accept the
work offered to him while on leave of
absence? (5%)
SUGGESTED ANSWER:
Judge X may not accept the work
offered him even while on leave of
absence from the Court of Appeals.
A judge should regulate extra-judicial
activities to minimize the risk of conflict
with judicial duties (Canon 5, Code of
Judicial Ethics). He shall not accept
appointment or designation to any
agency performing quasi- judicial or
administrative functions (Rule 5.09,
Code of Judicial Conduct). This is
specially so since decisions of voluntary
arbitrators are appealable to the Court
of Appeals. He must minimize the risk of
conflict with judicial duties (Canons 4
and 5, Code of Professional
Responsibility). Moreover, he will create
the Impression that he is merely
interested in the fee involved, which will
detract from the integrity of the
judiciary.
V. COMPETENCE AND DILIGENCE
Q: (1998) VI.Nene approached Atty.
Nilo and asked him if it was alright to
buy a piece of land which Maneng was
selling. What was shown by Maneng to
Nene was an Original Certificate of Title
with many annotations and old
patches, to which Nene expressed
suspicion. However, Atty. Nilo, desirous
of pushing through with the transaction
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because of the high notarial fee
promised to him, told Nene that the title
was alright and that she should not
worry since he is an attorney and that
he knew Maneng well. He notarized the
Deed of Sale and Nene paid Maneng P
108,000.00. It turned out that Maneng
had previously sold the same property
to another person.
For the injustice done to Nene, may
Atty. Nilo be disciplined? (5%)
SUGGESTED ANSWER:
Yes. Atty. Nilo is guilty of gross
negligence in protecting the interests of
his client. A lawyer shall not neglect a
legal matter entrusted to him and his
negligence in connection therewith
shall render him liable (Rule 18.03, Code
of Professional Responsibility). Worse, he
was negligent because he placed his
own interest in receiving a high notarial
fee over and above the Interest of his
client. In the case of Na.da.yag v.
Grageda, 237 SCRA 202, which involves
similar facts, the Supreme Court held
that the lawyer "should have been
conscientious in seeing to it that justice
permeated every aspect of a of discovery, the vendor was compelled
transaction for which his services had
been engaged, in conformity with the
avowed duties of a worthy member of
the Bar."
VI. ATTORNEY’S FEES
Q: (2008) The vendor filed a case
against the vendee for the annulment
of the sale of a piece of land.
San Beda College Alabang School of Law
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[a] Assume the vendee obtained a
summary judgment against the vendor.
Would the counsel for the defendant
vendee be entitled to enforce a
charging lien? Explain. (4%)
SUGGESTED ANSWER:
A charging lien, to be enforceable as
security for payment of attorney’s fees,
requires as a condition sine qua non a
judgment for money and execution in
pursuance of such judgment secured in
the main action by the attorney in favor
of his client [Metropolitan Bankv. Court
of Appeals, 181 SCRA 367 [1990]). A
summary judgment against the vendor
in this case only means that his
complaint was dismissed. This is not a
judgment for payment of money,
hence, a charging lien cannot attach.
However, if the judgment should include
a money judgment in favor of the
vendee on his counterclaim, a charging
lien can properly be enforced.
[b] Assume, through the excellent work
of the vendee’s counsel at the pre-trial
conference and his wise use of modes
to move for the dismissal of the
complaint. In its order the court simply
granted the motion. Would your answer
be the same as in question (a)? Explain.
(3%)
SUGGESTED ANSWER:
My answer will not be the same,
because a dismissal simply on motion of
plaintiff to dismiss will certainly not
include a judgment for a sum of money;
hence, no charging lien can attach.
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VII. ATTORNEY’S FEES
Q: (2008) Chester asked Laami to
handle his claim to a sizeable parcel of
land in Quezon City against a well-
known property developer on a
contingent fee basis. Laarni asked for
15% of the land that may be recovered
or 15% of whatever monetary settlement
that may be received from the property
developer as her only fee contingent
upon securing a favorable final
judgment or compromise settlement.
Chester signed the contingent fee
agreement.
[a] Assume the property developer
settled the case after the case was
decided by the Regional Trial Court in
favor of Chester for PI Billion. Chester
refused to pay Laami PI50 Million on the
ground that it is excessive. Is the refusal
justified? Explain. (4%)
SUGGESTED ANSWER:
The refusal of Chester to pay is
unjustified. A contingent fee is impliedly
sanctioned by Rule 20.01 (f) of the CPR.
A much higher compensation is allowed
as contingent fees in consideration of
the risk that the lawyer will get nothing if
the suit fails. In several cases, the
Supreme Court has indicated that a
contingent fee of 30% of the money or
property that may be recovered is
reasonable. Moreover, although the
developer settled the case, it was after
the case was decided by the Regional
Trial Court in favor of Chester, which
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shows that Atty. Laarni has already
rendered service to the client.
ALTERNATIVE ANSWER:
Chester’s refusal to pay Atty. Laarni P150
million as attorney’s fees on the ground
that it is excessive, is justified. In the case
of Sesbreno v. Court of Appeals (245
SCRA 30 [1995]), the Supreme Court
held that “contingent fee contracts are
under the supervision and close scrutiny
of the court in order that clients may be
protected from unjust charges” and
that “its validity depends on a large
measure on the reasonableness of the
stipulated fees under the circumstances
of each case.” Also, “stipulated
attorney’s fees are unconscionable
whenever the amount is by far so
disproportionate compared to the
value of the services rendered as to
amount to fraud perpetuated against
the client.” Considering the
circumstances that the case was
decided by settlement of the property
developer, the attorney’s fee of P150
Million would be unconscionable.
[b] Assume there was no settlement and
the case eventually reached the
Supreme Court which promulgated a
decision in favor of Chester. This time
Chester refused to convey to Laarni 15%
of the litigated land as stipulated on the
ground that the agreement violates
Article 1491 of the Civil Code which
prohibits lawyers from acquiring by
purchase properties and rights which
are the object of litigation in which they
take part by reason of their profession. Is
the refusal justified? Explain. (4%)
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SUGGESTED ANSWER:
Chester's refusal is not justified. A
contingent fee agreement is not
covered by Art. 1491 of the Civil Code,
because the transfer or assignment of
the property in litigation takes effect
only upon finality of a favorable
judgment (Director of Lands v. Ababa,
88 SCRA 513 [1979]; Macariola v.
Asuncion, 114 SCRA 77 [1982]).
VIII. ATTORNEY’S FEES
Q: (2006)The contract of attorney’s fees
entered into by Atty. Quintos and his
client, Susan, stipulates that if a
judgment is rendered in her favor, he
gets 60% of the property recovered as
contingent fee. In turn, he will assume
payment of all expenses of the litigation.
1. Is the agreement valid? 2.5%
SUGGESTED ANSWER:
The agreement that the lawyer will
assume payment of all the expenses of
litigation makes it a champertous
contract, which is invalid.
2. May Atty. Quintos and Susan
increase the amount of the contingent
fee to 80%? 2.5%
SUGGESTED ANSWER:
Atty. Quintos and Susan can freely
agree to increase the amount of the
contingent fee to 80%, but as long as
the agreement, is still champertous, the
agreement will still be invalid. Besides,
even if there is no champertous
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provision present, the contingent fee of
80% of the property recovered could still
be considered as unconscionable,
because it is so disproportionate as to
indicate that an unjust advantage had
been taken of the client, and is revolting
to human conscience. Contracts for
attorney’s fees are always subject to
control by the courts.
IX. ATTORNEY’S FEES
Q: (2002) VI.Atty. CJ handled the case
for plaintiff GE against defendant XY in
an action for damages. Judgment was
rendered for plaintiff GE. When a writ of
execution was issued, the sheriff levied
on a 400- square meter lot of defendant
XY. Pursuant to their contingent fee
contract, plaintiff GE executed a deed
of assignment in favor of Atty. CJ of
one-half of the lot. Atty. CJ accepted
the assignment.
A. Is the contract for contingent fee
valid? Explain. (3%)
B. Did Atty. CJ commit any violation of
the Code of Professional
Responsibility? Explain. (2%)
SUGGESTED ANSWER:
A. Contract for contingent fee is a
contract wherein the attorney’s fee,
usually a percentage of what may
be recovered In the action, Is made
to depend upon the success of the
lawyer in enforcing or defending his
client’s right. It is a valid contract,
unlike a champertous contract
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which is invalid because the lawyer
undertakes to shoulder the expenses
of the litigation. However, the
amount of the fee agreed upon
may be reduced by the courts if it
should be unconscionable. Fifty
percent (50%) of what the client
might recover may or may not be
unconscionable depending on the
factors to be considered in
determining the reasonableness of
an attorney's fee.
B. In the case of Daroy v. Abecia, 298
SCRA 239 (1998), the Supreme Court
held that the assignment to a lawyer
of a portion of property levied on by
the sheriff for the satisfaction of a
judgment in favor of his client, does
not violate Article 1491 of the New
Civil Code, if the property was not
involved in the litigation handled by
the lawyer. In this case, since the
action handled by Atty. CJ was for
damages, the property was
apparently not involved in the
litigation. Hence, his acquisition of
50% of the same is ethical.
X. DISCIPLINARY ACTIONS
Q: (2010) After passing the Philippine Bar
in 1986, Richards practiced law until
1996 when he migrated to Australia
where he subsequently became an
Australian citizen in 2000. As he kept
abreast of legal developments,
petitioner learned about the Citizenship
Retention and Re-Acquisition Act of
2003 (Republic Act No. 9225), pursuant
to which he reacquired his Philippine
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citizenship in 2006. He took his oath of
allegiance as a Filipino citizen at the
Philippine Embassy in Canberra,
Australia. Jaded by the laid back life in
the outback, he returned to the
Philippines in December 2008. After the
holidays, he established his own law
office and resumed his practice of law.
Months later, a concerned woman who
had secured copies of Atty. Richards’
naturalization papers with consular
authentication, filed with the Supreme
Court an anonymous complaint against
him for illegal practice of law.
A. May the Supreme Court act
upon the complaint filed by an
anonymous person? Why or why not?
(3%)
SUGGESTED ANSWER:
Yes, the Supreme Court may act upon
the complaint filed by an anonymous
complaint, because the basis of the
complaint consists of documents with
consular authentication which can be
verified being public records. There is no
need to identify the complainant when
the evidence is documented and
verifiable (In re Echiverri, 67 SCRA 467
[1975]; In re Araula, 81 SCRA 483 [1978];
Concerned Citizens v. Elma, 241 SCRA
84 [1995]). Besides, the Supreme Court
or the IBP may initiate disbarment
proceedings motuproprio.
B. Is respondent entitled to resume
the practice of Law? Explain. (5%)
SUGGESTED ANSWER:
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Yes, as long as he observes the
procedure laid down in Petition for
Leave to Resume Practice of Law of
Benjamin M. Dacanay (B.M. No. 1678,
December 17, 2007, 540 SCRA 424), to
wit:
(a) Updating and payment in full of
the annual membership dues in the IBP;
(b) Payment of the professional tax;
(c) Completion of at least 36 credit
hours of mandatory continuing legal
education; and,
(d) Pretaking of the lawyer’s oath.
XI. DISCIPLINARY ACTIONS
Q: (2009) Atty. Simeon persuaded
Armando, Benigno and Ciriaco to invest
in a business venture that later went
bankrupt. Armando, Benigno and
Ciriaco charged Atty. Simeon with
estafa. Simultaneously, they filed an
administrative complaint against the
lawyer with the Supreme Court.
[a] If Simeon is convicted of estafa, will
he be disbarred? Explain. (3%)
SUGGESTED ANSWER:
Yes. One of the grounds for disbarment
under Sec. 27, Rule 138, is conviction of
a crime involving moral turpitude. Estafa
is a crime involving moral turpitude.
[b] If Simeon is acquitted of the estafa
charge, will the disbarment complaint
be dismissed? Explain. (3%)
SUGGESTED ANSWER:
Not necessarily. If the acquittal is based
on the ground that no crime was
San Beda College Alabang School of Law
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committed, or that Simeon is innocent,
the administrative case may be
dismissed. But if the acquittal is based
merely on reasonable doubt, the
disbarment proceeding may still
continue. The purpose of a disbarment
proceeding is to determine whether a
lawyer still deserves to remain a
member of the bar. For such
determination, conduct which merely
avoids the penalty of the law is not
sufficient.
XII. DISCIPLINARY ACTIONS
Q: (2005)
A. Upon learning from newspaper
reports that bar candidate Vic Pugote
passed the bar examinations. Miss
Adorable immediately lodged a
complaint with the Supreme Court,
praying that Vic Pugote be disallowed
from taking the oath as a member of
the Philippine Bar because he was
maintaining illicit sexual relations with
several women other than his
lawfullywedded spouse. However, from
unexplained reasons, he succeeded to
take his oath as a lawyer. Later, when
confronted with Miss Adorable’s
complaint formally, Pugote moved for
its dismissal on the ground that it is
already moot and academic.
Should Miss Adorable’s complaint be
dismissed or not? Explain briefly. (5%)
SUGGESTED ANSWER:
It should not be dismissed. Her charge
involves a matter of good moral
character which is not only a requisite
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for admission to the Bar, but also a
continuing condition for remaining a
member of the Bar. As such, the
admission of Vic Pugote to the Bar does
not render the question moot and
academic.
B. Alleging that Atty. Malibu
seduced her when she was only sixteen
(16) years old, which resulted in her
pregnancy and the birth of a baby girl,
Miss Magayon filed a complaint for his
disbarment seven years after the
alleged seduction was committed.
SUGGESTED ANSWER:
Atty. Malibu contended that,
considering the period of delay, the
complaint filed against him can no
longer be entertained much less
prosecuted because the alleged
offense has already prescribed.
Is Atty. Malibu’s contention tenable or
not? Reason briefly. (5%)
SUGGESTED ANSWER:
Atty. Malibu’s contention is not tenable.
Disciplinary proceedings are sui generis.
They are neither civil nor criminal
proceedings. Its purpose is not to punish
the individual lawyer but to safeguard
the administration of justice by
protecting the court and the public
from the misconduct of lawyers and to
remove from the profession of law
persons whose disregard of their oath of
office proves them unfit to continue
discharging the trust reposed in them as
members of the bar. Disbarment is
imprescriptible. Unlike ordinary
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proceedings, it is not subject to the
defense of prescription. The ordinary
statute of limitations has no application
to disbarment proceedings (CaZo v.
Degamo, 20 SCRA 1162 [1967]).
XIII. DISCIPLINARY ACTIONS
Q: (2002) X. Atty. N had an extramarital
affair with O, a married woman, as a
result of which they begot a child, P.
Atty. N admitted paternity of the child P
and undertook to support him. On the
basis of this admission, is Atty. N subject
to disciplinary action by the Supreme
Court? Why? (5%)
SUGGESTED ANSWER:
In the case of Tucay v. Tucay, 318 SCRA
229 (1999), the Supreme Court held that
the finding that a lawyer had been
carrying on an illicit affair with a married
woman is a “grossly immoral conduct
and only indicative of an extremely low
regard for the fundamental ethics of his
profession.”
XIV. UNAUTHORIZED PRACTICE OF
LAW
Q: (2002) XIII.In an extrajudicial
settlement of the estate of the late Juan
Mayaman, the heirs requested Judge
Maawain, a family friend, to go over the
document prepared by a new lawyer
before they signed it. Judge Maawain
agreed and even acted as an
instrumental witness.
Did Judge Maawain engage in the
unauthorized practice of law? Why?
(5%)
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SUGGESTED ANSWER:
Section 35, Rule 138 of the Revised Rules
of Court and Rule 5.07 of the Code of
Judicial Conduct prohibit a judge from
engaging in the private practice o? law
as a member of the bar or giving
professional advice to client. In the case
of De Castro v. Capulong, 118 SCRA 5
(1882), the Supreme Court held that a
judge who merely acted as a witness to
a document and who explained to the
party waiving his rights of redemption
over mortgaged properties and the
consequences thereof, does not
engage himself in the practice of law.
This appears to be more applicable to
the case of Judge Maawain. He did not
give professional advice in anticipation
of litigation. He was just asked to review
was a deed of extrajudicial settlement
of estate. He signed merely as an
instrumental witness and not as a legal
counsel. Besides, his act was an isolated
act.
XV. UNAUTHORIZED PRACTICE OF
LAW
Q: (2008) State, with a brief explanation,
whether the lawyer concerned may be
sanctioned for the conduct stated
below.
[a] Filing a complaint that fails to state a
cause of action, thereby resulting in the
defendant succeeding in his motion to
dismiss. (3%)
SUGGESTED ANSWER:
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The lawyer may be sanctioned for lack
of competence and diligence (Canon
18, CPR). Rule 18.02 provides that a
lawyer shall not handle a case without
adequate preparation. Filing a
complaint that fails to state a cause of
action resulting to the dismissal of his
case shows incompetence and lack of
adequate preparation.
[b] A suspended lawyer working as an
independent legal assistant to gather
information and secure documents for
other lawyers during the period of his
suspension. (3%)
SUGGESTED ANSWER:
The lawyer may be not be sanctioned.
Practice of law has been defined as
any activity, inside or outside the
courtroom which requires knowledge of
the law and procedure (Cayetano v.
Monsod, 201 SCRA 210 [1991]). The act
of gathering information and securing
documents for other lawyers, and not
for a client, does not constitute practice
of law. Any clerk can be tasked by a
lawyer to perform such services.
However, if these acts will involve the
exercise of professional judgment of a
lawyer, the essence of which has been
said to be his educated ability to relate
the general body of and philosophy of
law to a specified legal problem, such
acts would constitute practice of law,
and the suspended lawyer can be
sanctioned for performing them.
[c] A suspended lawyer allowing his
non-lawyer staff to actively operate his
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law' office and conduct business on
behalf of clients during the period of
suspension. (3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned. A
lawyer shall not delegate to any
unqualified person the performance of
any task which by law may only be
performed by a member of the bar in
good standing (Rule 9.01, CPR)
[d] Keeping money he collected as
rental from his client’s tenant and
remitting it to the client when asked to
do so. (3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned for not
delivering the rentals that he collected
from the client’s tenant Immediately,
and waiting for his client to ask for it yet.
In the case of Licuanan v. Melo (170
SCRA 100 [1989]), a lawyer who
collected the rentals of his client’s
property for a period of one year
without reporting and/or delivering such
collections to his client until the latter
demanded for it, was disbarred by the
Supreme Court. Money collected for the
client should be reported and
accounted for promptly.
ALTERNATIVE ANSWER:
The lawyer may not be sanctioned as
long as he holds his client’s funds in trust
and accounts for them and delivers
them upon demand (Canon 16, Rules
16.01, 16.03, CPR).
San Beda College Alabang School of Law
Centralized Bar Operations 2018
[e] Refusing to return certain documents
to the client pending payment of his
attorney’s fees. (3%)
SUGGESTED ANSWER:
He may not be sanctioned. He is
entitled to a retaining lien by virtue of
which he may retain the funds,
documents and papers of his client
which have lawfully come into his
possession, until his lawful fees and
disbursements have been paid (Sec. 37,
Rule 138, Rules of Court).
[f] An unwed female lawyer carrying on
a clandestine affair with her unwed
male hairdresser. (3%)
SUGGESTED ANSWER:
She may not be sanctioned. In
Soberano v. Villanueva (6 SCRA. 891
[1962]), the Supreme Court held that
intimacy between a man and a woman
who are of age and are not disqualified
from marrying each other is “neither so
corrupt as to constitute a criminal act
nor so unprincipled as to warrant
disbarment or disciplinary action against
the man as a member of the Bar.”
[g] Not paying the annual IBP dues. (3%)
SUGGESTED ANSWER:
It is the duty of every lawyer to support
the activities of the Integrated Bar of the
Philippines (Canon 7, CPR). Default in
payment of IBP dues for six months shall
warrant suspension of membership to
the Integrated Bar, and default to make
such payment for one year shall be a
ground for the removal of the
14
 LEGAL ETHICS FAQ
delinquent member from the Roll of
Attorneys (InReAtty. Marcial Edition, 84
SCRA 554 [1978]).
XVI. UNAUTHORIZED PRACTICE OF
LAW
Q: (2005) You had just taken your oath
as a lawyer. The secretary to the
president of a big university offered to
get you as the official notary public of
the school. She explained that a lot of
students lose their Identification Cards
and are required to secure an affidavit
of loss before they can be issued a new
one. She claimed that this would be
very lucrative for you, as more than 30
students lose their Identification Cards
every month. However, the secretary
wants you to give her one-half of your
earnings therefrom.
Will you agree to the arrangement?
Explain. (5%)
SUGGESTED ANSWER:
No, I will not agree. Rule 9.02 of the
Code of Professional Responsibility
provides that “a lawyer shall not divide
or stipulate to divide a fee for legal
service with persons not licensed to
practice law". The secretary is not
licensed to practice law and is not
entitled to a share of the fees for
notarizing affidavits, which is a legal
service.
XVII. PLEADINGS
Q: (2009) Alexander Sison, resident of
111 Libertad St., Sampaloc, Manila,
San Beda College Alabang School of Law
Centralized Bar Operations 2018
engages your services as lawyer. He tells
you that a certain Mr. Juan Jamero of
222 Juan Luna St., Tondo, Manila, owes
him P1, 000, 000.00; that the debt is long
overdue; and that, despite repeated
demands, Jamero has failed to comply
with his obligation. He also shows you a
promissory note, executed on January
3, 2008, wherein Jamero promises to
pay the amount of P1, 000, 000.00, with
12% interest per annum, within one (1)
year from date of note. Sison agrees to
pay you attorney’s fees in the amount
of P75, 000.00 and a fee of P3, 000.00 for
every appearance in court.
As Sison’s lawyer, prepare the complaint
that you will file in court against Juan
Jamiro. (10%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
ALEXANDER SISON
Plaintiff,
- Versus -
CIVIL CASE NO.
____________________
JUAN JAMIRO,
Defendant.
x------------------------------x
COMPLAINT
PLAINTIFF, through undersigned
counsel, to this Honorable Court
respectfully alleges:
15
 LEGAL ETHICS FAQ
1. That plaintiff is of legal age and a
resident of 111 Libertad St., Sampaloc,
Manila, while defendant is of legal age
and a resident of 222 Juan Luna St.,
Tondo, Manila, where he may be served
with summons;
2. That on January 3, 2008, the
defendant borrowed from the plaintiff
the amount of P1, 000, 000.00,
evidenced by a Promissory Note
executed by the defendant on the
same date, a copy of which is hereto
attached as Annex “A” and made an
integral part hereof, promising to pay
the plaintiff the said amount of P1, 000,
000.00 with interest thereon at the rate
of 12% per annum within a period of
one year from the date thereof;
3. That the period of one year
expired on January 2, 2009, but the
defendant has not paid the said loan or
any portion thereof despite repeated
demands;
4. That due to the defendant’s
failure to pay plaintiff’s plainly just and
valid claim, the plaintiff was compelled
to institute this suet and to engage the
services of counsel, to whom he has
agreed to pay the amount of P75,
000.00 at attorney’s fees, plus P3, 000.00
for every appearance in court.
5. That barangay mediation was
previously sought but no agreement
was arrived at and the plaintiff was
given a certification to file his claim in
San Beda College Alabang School of Law
Centralized Bar Operations 2018
court, a copy of which is hereto
attached as Annex “B” hereof.
WHEREFORE, it is respectfully that, after
due hearing, judgment be rendered
ordering the defendant to pay the
plaintiff the amount of P1, 000, 000.00,
with interest thereon at the rate of 12%
per annum from January 2, 2009 until
fully paid, plus the amount of P75, 000.00
per court appearance, as attorney’s
fees.
Plaintiff prays for such other and
further relief as may be just or equitable
under the premises.
Manila, September 28, 2009.
ATTY. _________________
Counsel for the Plaintiff
(address)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________
Date/ Place issued ________________
MCLE Cert. No. _________________
Email address: __________________
CERTIFICATION AGAINST FORUM
SHOPPING
I, ALEXANDER SISON, after being
duly sworn, hereby depose and state:
1. That I am the plaintiff in the
above-entitled case;
16
 LEGAL ETHICS FAQ
2. That I have not initiated any case
involving the same issues before any
other court or administrative body;
3. That I am not aware of the
pendency of any case involving the
same issues or proceedings in any other
court or administrative body, and
4. That if I should hereafter learn
about the pendency of another case
involving the same issues in another
court, tribunal or administrative body, I
will notify this Honorable Court within five
(5) days from thereon.
ALEXANDER SISON
Affiant
XVIII. PLEADINGS
Q: (2003)
(a) Seven years ago today, the
Paramount Bank, doing business in 777
Ayala Avenue, Makati City, granted
Juan Reyes, a resident of 888 Kamias,
Quezon City, a P1,000,000.00 loan, with
14% interest per annum, secured by a
real estate mortgage over a property
located in Cavite City. The full amount,
plus the interest due, was payable on
the fifth anniversary of the loan. The
above stipulations were contained in a
well-documented and duly executed
agreement. Despite demands, Juan
Reyes refused to settle the loan
obligation. The bank opted for the filing
of a simple complaint for a sum of
money.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
(b) Six-year old Maria informed her
mother Divina that on 02 June 2003, her
fater entered her bedroom and inserted
his middle finger into her vagina. Maria
later underwent a medical examination.
The medical findings revealed that she
had fresh slight lacerations.
You are the prosecutor; prepare the
appropriate Information for the crime
committed.
Prepare the complaint, indicating the
court which has proper jurisdiction and
venue.
SUGGESTED ANSWER:
(A)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MAKATI CITY
PARAMOUNT BANK,
Plaintiff,
-versus- CIVIL CASE NO.
JUAN REYES,
Defendant.
x----------------------------x
COMPLAINT
PLAINTIFF, by undersigned counsel, to
this Honorable Court respectfully alleges
that:
1. Plaintiff is a banking corporation
organized and existing under the laws of
17
 LEGAL ETHICS FAQ
he Philippines, with principal office at
777 Ayala Avenue, Makati City, while
defendant is of legal age and a resident
of 888 Kamias St., Quezon City, where
he may be served with summons;
2. On September 28, 1996,
defendant borrowed from the plaintiff
the amount of P1,000,000.00, subject to
interest at the rate of 14% per annum,
payable on the fifth anniversary of the
loan, and secured by a real estate
mortgage over a parcel of land located
in Cavite City, as evidenced by an
agreement executed on the same
date, a copy of which is hereto
attached as Annex “A” hereof;
3. Defendant failed to pay the said
loan and interests thereon on the due
date thereof, and continues to fail to
pay the same until the present, despite
demands of the plaintiff;
4. Due to defendant’s unjustified
failure to comply with plaintiff’s plainly
just and valid claim, plaintiff was
compelled to initiate this action and to
retain the services of the undersigned
counsel and to incur expenses in the
amount of P100,000.00 as and by way of
attorney’s fees.
WHEREFORE, it is respectfully prayed
that, after due hearing, judgment be
rendered ordering the defendant to
pay the plaintiff the amount of
P1,000,000.00 with interest thereon at
the rate of 14% per annum from
September 28, 1996 until fully paid, plus
the amount of P100,000.00 for and as
attorney’s fees.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
Plaintiff prays for such other and further
reliefs as may be just or equitable under
the premises.
Makati City, September 28, 2003.
(Sgd.)
Counsel for the Plaintiff
(Address)
PTR O.R. No. , Makati City, Jan. 3, 2003
IBP O.R. No. , Makati City, Jan. 20, 2003
Attorney’s Roll No. , (date)
CERTIFICATION AGAINST FORUM
SHOPPING
I, A.B., do hereby certify that I am the
President of the Paramount Bank,
plaintiff in the above-entitled case; that
I have been duly authorized by the
Board of Directors of the said bank to
execute this Certification against Forum
Shopping, as evidenced by the
Secretary’s Certificate of Board
Resolution hereto attached as Annex
“B” hereof; that the plaintiff has not filed
any other case in any other court or
administrative tribunal involving the
same cause of action; that I am not
aware of any pending case involving
the same cause; and that should I
hereafter acquire knowledge of such
other action, I will notify this Honorable
Court thereof within five (5) days from
acquiring such knowledge.
Makati City, September 28, 2003.
A.B.
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 LEGAL ETHICS FAQ
SUBSCRIBED & SWORN to before me this
28th day of September, 2003 the affiant
exhibiting to me his Community Tax
Certificate No. ___________ issued at on
January 31, 2003.
NOTARY PUBLIC
Until December 31, 2003
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2003.
(B)
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
REGIONAL TRIAL COURT
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus - CRIM. CASE
No.
______________________, For: Rape
Accused.
INFORMATION
The undersigned City Prosecutor hereby
accuses ________________ of the crime
of Rape committed as follows:
That on or about June 2, 2003, at about
____ p.m., in ________________ and within
the jurisdiction of this Honorable Court,
the said accused did then and there
willfully, unlawfully and feloniously,
through force and intimidation, inserted
the middle finger of his right hand in the
genital organ of Divina _____________,
San Beda College Alabang School of Law
Centralized Bar Operations 2018
who is his own daughter and is only six
(6) years of age.
CONTRARY TO LAW.
Manila, September 28, 2003.
CITY PROSECUTOR
City of Manila
CERTIFICATION
I hereby certify that a preliminary
investigation was conducted in the
above-entitled case, and there is prima
facie evidence that the crime of
Qualified Rape has been committed
and that the accused is probably guilty
thereof.
CITY PROSECUTOR
Bail Recommended: None
XIX. PLEADINGS
Q: (2000) XVII. Your client comes to you
complaining that a lessee of his building
has refused to vacate the leased
premises despite the expiration of the
contract of lease which was not
renewed, and despite demands to
vacate. He asks you to initiate legal
action. Prepare the necessary
complaint. (Do not use your own name
in the pleading.) (10%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
19
 LEGAL ETHICS FAQ

METROPOLITAN TRIAL COURT 4. Despite the expiration of the said

MANILA contract of lease, B. has unlawfully
failed and refused to vacate the same
A, despite demands of the plaintiff. A
Plaintiff. photocopy of the last demand, dated
— versus -- August 5, 2000 and received by the
CIVIL CASE NO. defendant on the same date, or more
For: Unlawful Detainer than five (5) days prior to the filing of his
complaint is hereto attached as Annex
B. “B" and made integral part hereof.
Defendant,
x----------------------x 5. Due to the defendant's adamant
refusal to vacate the leased premises,
COMPLAINT plaintiff has been compelled to initiate
the suit and to incur expenses in the
A, through the undersigned counsel, to amount of P50.000.00 aside from costs
this Honorable Court respectfully of suit.
alleges:
6. Prior to the filing of this complaint,
1. Plaintiff is of legal age, single, and this dispute was brought to the lupon
a resident of ________________, Manila, tagamayapa of Barangay
while defendant is of legal age, single ____________________ , where the
and a resident of ________________, leased premises is located, but no
Manila, where he may be served with settlement was arrived at, as evidenced
summons; by the Certification to File Action issued
by the Barangay Chairman, a copy of
2. Plaintiff is the owner of a which is hereto attached as Annex “C"
commercial building in hereof.
_______________________, Manila, which
the defendant has leased for a period WHEREFORE, it is respectfully prayed
of five (5J years commencing from that, after due hearing. Judgment be
August 1. 1995 at a monthly rental of P rendered ordering the defendant, and
1,000,000.00, pursuant to a written all persons acting under him. to vacate
contract of lease, a photocopy of the aforementioned leased premises
which is hereto attached as Annex “A" and surrender possession thereof to the
and made an integral part hereof; plaintiff, and to pay the plaintiff the
amount of P50.000.00 as and for
3. The said contract of lease attorney’s fees, plus costs of suit.
expired on July 31. 2000, and has not Plaintiff prays for such other and further
been renewed. reliefs as may be just and equitable
under the premises.
20
San Beda College Alabang School of Law
Centralized Bar Operations 2018
 LEGAL ETHICS FAQ
Manila, September 23, 2000.
ATTY. X
Counsel for the Plaintiff
Address
IBP OR No. ____________, Manila
January 5, 2000
PTR No. _______________,Manila
January 5, 2000
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES )
________________________________ )S.S.
CITY OF MANILA )
A, after having been duly sworn in
accordance with law, hereby deposes
and states:
1. That he is plaintiff in the above-
entitled case and has caused the
foregoing complaint to be prepared;
2. That he hereby certifies that he
has not heretofore commenced any
action or filed any claim involving the
same issues before any other court,
tribunal or quasi-judicial agency, that to
the best of his knowledge, there is no
such pending action or claim, and that
if he should hereafter learn that the
same or similar action or claim has been
filed or is pending, he shall report such
fact within five (5) days therefrom to this
Honorable Court.
Manila, September 23, 2000.
A KNOW ALL MEN BY THESE PRESENTS:
Affiant
San Beda College Alabang School of Law
Centralized Bar Operations 2018
SUBSCRIBED AND SWORN to before me
this ______ day of ______________, 2000,
the affiant exhibiting to me her/his
Community Tax Certificate No. issued at
________________
on__________________________.
Doc. No.
Page No.
Book No.
Series of 2000.
XX. OTHER DOCUMENTS
Q: (2005) Gerry Cruz is the owner of a
1,000-square meter lot covered by
Transfer Certificate of Title No. 12345
located in Sampaloc. Metro Manila.
Geriy decided to sell the property but
did not have the time to look for a
buyer. He then designated his brother.
Jon, to look for a buyer and negotiate
the sale. Jon met Angelo Santos who
expressed his interest to buy the lot.
Angelo agreed to pay PI Million for the
property on September 26. 2005.
a) Draft the Special Power of
Attorney to be executed by Gerry Cruz,
as principal, in favor of his brother Jon,
as agent, authorizing the latter to sell
the property in favor of Angelo Santos.
(7%)
SUGGESTED ANSWER:
SPECIAL POWER OF ATTORNEY
21
 LEGAL ETHICS FAQ

THAT I, GERRY CRUZ, of legal age, single

and a resident of _______________,
Manila, have named, appointed GERRY CRUZ
______________________ and constituted, Principal
and by these presents do hereby name,
constitute and appoint, my brother JON SPECIMEN SIGNATURE:
CRUZ, whose specimen signature
appears below, as my true and lawful
Attorney-in- Fact, for me and in my JON CRUZ
name, place and stead, and for my Attorney-in-Fact
benefit, to do or perform any or all of
the following acts and deeds, to wit: WITNESSES:

To sell to Angelo Santos at the price of ACKNOWLEDGMENT

One Million Pesos (PI, 000,000.00), my
parcel of land with an area of one
thousand (1,000) square meters, located
in Sampaloc, Manila, covered by
Transfer Certificate of Title No. 12345 of
the Register of Deeds of Manila, and
which is more particularly described as
follows:
(technical description)
and to execute and sign the
corresponding deed of sale.
HEREBY GIVING AND GRANTING unto
my said Attorney-in- Fact full power and
authority whatsoever necessary, proper
and convenient as fully to all intents and
purposes as I might or could do if
personally present, and hereby
confirming and ratifying all that my said
Attorney-in-Fact shall lawfully do or
cause to be done by virtue of these
presents.
IN WITNESS WHEREOF, I have signed
these presents, at the City of Manila, this
25th day of September, 2005.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
REPUBLIC OF THE PHILIPPINES) S.S.
CITY OF MANILA )
IN THE CITY OF MANILA, Philippines, this
____ day of _____________, 2005,
personally appeared before me
Mr. GERRY CRUZ, with Community Tax
Certificate No. _____________ issued at
__________ on __________, 2005,
personally known to me to be the same
person who executed the foregoing
instrument, and he acknowledged to
me that the same is his free and
voluntary act and deed.
I further certify that the foregoing
instrument is a Special Power of
Attorney to sell a parcel of land located
in Sampaloc, Manila, and consists of
_____ pages, including this page, and
signed on each and every page by the
said GERRY CRUZ and his instrumental
witnesses.
NOTARY PUBLIC Until December 31, 200_
(address)
22
 LEGAL ETHICS FAQ

Commission No. , Manila VENDOR has sold, transferred and

Attorney’s Roll No. conveyed, and by these presents does
IBP Membership Roll No. hereby sell, transfer and convey, unto
PTR O.R. No. Manila, 2005 the VENDEE, that certain parcel of land
with an area of 1,000 square meters,
Doc. No. more or less, located in Sampaloc,
Page No. Manila, covered by Transfer Certificate
Book No. of Title No. 12345 of the Register of
Series of 2005. Deeds of Manila, and which is more
particularly described as follows:
b) Draft the Deed of Sale of Real
Property. (7%) (technical description)

SUGGESTED ANSWER: IN WITNESS WHEREOF, the parties hereto

DEED OF ABSOLUTE SALE have signed these presents at Manila,
this 26th day of September, 2005.
KNOW ALL MEN BY THESE PRESENTS:
GERRY CRUZ ANGELO
This instrument, executed by and SANTOS
between: Vendor
Vendee
GERRY CRUZ, of legal age, single, and a T.I.N. _________ T.I.N.
resident of _______________, herein _________
represented by his Attorney-in- Fact,
JON CRUZ, of legal age and a resident By:
of _____________ and _____________
hereafter referred to as the VENDOR, JON CRUZ
Attorney-in-Fact
- and -
WITNESSES:
ANGELO SANTOS, Filipino, of legal age,
single, a resident of _____________ and ___________________
hereafter referred to as the VENDEE, _________________

WITNESSETH:
ACKNOWLEDGMENT
THAT, for and in consideration of the
sum of One Million Pesos (P1,000,000.00), REPUBLIC OF THE PHILIPPINES)
in hand paid by the VENDEE to the CITY OF MANILA ) S.S.
VENDOR and receipt of which is herein
acknowledged by the latter, the
23
San Beda College Alabang School of Law
Centralized Bar Operations 2018
 LEGAL ETHICS FAQ
IN THE CITY OF MANILA, Philippines,
personally appeared before me, Mr.
JON CRUZ, with Community Tax
Certificate No. ____________ issued at
____________ on ______________, 2005, in
his capacity as Attorney-in-Fact of Mr.
GERRY CRUZ, with Community Tax
Certificate No. ____________ issued at
____________ on ______________, 2005,
both of whom are personally known to
me to be the same persons who
executed the foregoing instrument, and
they acknowledged to me that the
same is their free and voluntary act and
deed, and the free and voluntary act
and deed of the principal whom Mr.
JON CRUZ represents.
I further certify that the foregoing
instrument is a deed of sale of a parcel
of land located in Sampaloc, Manila,
and consists of ____ pages, including this
page, and is signed on each and every
page by the said parties and their
instrumental witnesses.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
My Commission expires on December
31, 2005
(Address)
Commission No._______, Manila
Attorney’s Roll No.
IBP Membership No.
PTR O.R. No. ________, Manila, 2005
Doc. No.
Page No.
Book No.
Series of 2005.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
XXI. OTHER DOCUMENTS
Q: (2009)Romeo Hacendero wants to
authorize Juanito Ahente to sell, on cash
basis, for a price not lower than
P500,000.00, a parcel of land, situated in
Munoz, Nueva Ecija, and covered by
Transfer Certificate of Title No. 123456, in
the Register of Deeds of Nueva Ecija.
Prepare a Special Power of Attorney
granting such authority. (4%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA )SS
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT I, ROMEO HACENDERO, of legal
age and a resident of ___________ have
named JAUNITO ABENTE, of legal age
and a resident of _____________, to be
my true and lawful Attorney- in-Fact, for
me and in my name, place and stead,
to do or perform the following acts and
deeds, to wit:
To sell for the price of not lower than
P500,000.00, that parcel of land situated
in Munoz, Nueva Ecija, of which I am the
absolute owner, my title thereto being
evidenced by Transfer Certificate of Title
No. 123456 of the Register of Deeds of
Nueva Ecija, and to sign the
corresponding deed of sale.
HEREBY GIVING AND GRANTING unto
my said Attorney-in-Fact full power or
24
 LEGAL ETHICS FAQ
authority as may be proper or necessary
as fully to all extent as I could do if
personally present, and hereby
confirming all that my said Attorney- in-
Fact shall lawfully do or cause to be
done by virtue of these presents.
Manila, September , 2009.
ROMEO HACENDERO
Principal
ACKNOWLEDGMENT
In the City of Manila, this day of
September____, 2009 personally
appeared before me Mr. Romeo
Hacendero with Driver’s License No.
_________________ issued at __________
on _________________, known to me to
be the same person who executed the
foregoing instrument, and he
acknowledged to me that he executed
the same of his own free and voluntary
act and deed.
I further certify that the foregoing
instrument is a Special Power of
Attorney over a parcel of land situated
in Munoz, Nueva Ecija.
WITNESS MY HAND AND SEAL.
NOTARY PUBLIC
(Attorney’s Roll No.)
(Commission No.)
(IBP Membership No. )
(PTRO.R. No.)
(Email Address)
San Beda College Alabang School of Law
Centralized Bar Operations 2018
Doc. No.
Page No.
Book No.
Series of 2009.
XXII. CONFLICT OF INTEREST
Q: (2005) Atty. Japzon, a former partner
of XXX law firm, is representing Kapuso
Corporation in a civil case against
Kapamilya Corporation whose legal
counsel is XXX law firm. Atty. Japzon
claims that she never handled the case
of Kapamilya Corporation when she
was still with XXX law firm.
Is there a conflict of interest? Explain.
(5%)
SUGGESTED ANSWER:
There is conflict of interest when a
lawyer represents inconsistent interests.
This rule covers not only cases in which
confidential communications have
been confided, but also those in which
no confidence has been bestowed or
will be used. Also, there is conflict of
interest if the new retainer will require
the attorney to perform an act which
will injuriously affect his first client in any
matter in which he represents him and
also where he will be called upon in his
new relation to use against his first client
any knowledge acquired through their
connection (Santos vs. Beltran, 418
SCRA 17 [2003]). Since Atty. Japzon was
a partner of the XXX law firm which has
Kapamilya Corporation as its client, she
cannot handle a case against it as such
will involve conflict of interest. The
25
 LEGAL ETHICS FAQ
employment of a law firm is equivalent
to the retainer of the members thereof.
It does not matter if Atty. Japzon never
handled a case of the Kapamilya
Corporation when she was still with the
XXX law firm.
XXIII. CONFLICT OF INTEREST
Q: (2008)In 1998, Acaramba, a
telecommunications company, signed
a retainer agreement with Bianca &
Sophia Law Office (B & S) for the latter’s
legal services for a fee of P2,000 a
month. From 1998 to 2001, the only
service actually performed by B & S for
Acaramba was the review of a lease
agreement and representation of
Acaramba as a complainant in a
bouncing checks case. Acaramba
stopped paying retainer fees in 2002
and terminated its retainer agreement
with B 6s S in 2005. In 2007, Temavous,
another telecommunications company,
requested B & S to act as its counsel in
the following transactions: (a) the
acquisition of Acaramba; and (b) the
acquisition of Super-6, a company
engaged in the power business.
In which transactions, if any, can Bianca
& Sophia Law Office represent
Temavous? Explain fully. (7%)
SUGGESTED ANSWER:
B & S cannot represent Temavous in the
transaction for the acquisition of
Acaramba, as this will constitute conflict
of interest. One of the tests of conflict of
interest is whether or not in the
acceptance of a new relation, the
San Beda College Alabang School of Law
Centralized Bar Operations 2018
lawyer would be called upon to use
against a client confidential information
acquired or presumed to have been
acquired through their connection.
Another test is whether the acceptance
of a new relation would invite suspicion
of unfaithfulness or double dealing in
the performance of the lawyer’s duty of
undivided fidelity or loyalty to the client
(Quiambao v. Bamba, 468 SCRA 1
[2005]). The rule covers not only cases in
which confidential communications
have been confided, but also those in
which no confidence has been
bestowed or will be used. In addition,
the rule holds even if the inconsistency is
remote or merely probable or the
lawyer has acted in good faith with no
intention to represent conflicting
interests. (Heirs of Lydio “Terry” Falanme
v. Atty. Edgar J. Baguio, A.C. 6876,
March 7, 2008)
ALTERNATIVE ANSWER:
There seems to be no conflict of interest
involved if B & S will act as counsel for
Temavous in the acquisition of
Acaramba. Acaramba is no longer its
client, and the only service Acaramba
asked B & S to render during their
relationship was to review a lease
agreement and handle a bouncing
checks case. U.S. courts have denied
disqualification where there is no
evidence that the law firm has acquired
confidential information during the prior
representation that would be of value in
the current representation.
b) S & B can represent Temavous in the
acquisition of Super-6. The subject
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 LEGAL ETHICS FAQ
matter of such transaction is no longer
related to the work that the law firm had
previously performed for Acaramba.
There is no conflict of interest involved,
even though Acaramba and Temavous
are competing companies.
XXIV. CONFLICT OF INTEREST
Q: (1999) VIII. Atty. Juan Cruz, a
practicing lawyer, was employed by
Pilipinas Bank as its bank attorney and
notary public in three of its branches in
Manila. While thus employed, Maria del
Rio, who was unaware of Atty. Cruz
employment in the bank, engaged Atty.
Cruz’s services as a lawyer in a case
that was filed by Pilipinas Bank for
collection of sum of money involving
one of its branches in Quezon City
which Atty. Cruz accepted. The Quezon
City Regional Trial Court, after due
proceeding and hearing, rendered
judgment in favor of Pilipinas Bank and
against Maria del Rio who wanted to
appeal the adverse judgment. But upon
advice of Atty. Cruz, the adverse
judgment was not appealed.
Thereafter, Maria del Rio learned Atty.
Cruz was employed by Pilipinas Bank as
one of Its attorneys. She now consults
with you and asks you to take legal
steps against Atty. Cruz for his apparent
misconduct.
What do you think of what Atty. Cruz
did? Is there a valid and legal basis to
discipline him? (10%)
SUGGESTED ANSWER:
In agreeing to represent Maria del Rio in
a case which Pilipinas Bank filed against
San Beda College Alabang School of Law
Centralized Bar Operations 2018
her, Atty. Cruz violated the rule against
representing conflicting interests. Rule
15.03 of the Code of Professional
Responsibility provides that a lawyer
shall not represent conflicting interests
except by written consent of all
concerned after a full disclosure of the
facts. It is improper for a lawyer to
appear as counsel for a person whose
interest conflicts with that of his present
or former client, even in an unrelated
case (Philippine National Bank v. Cedo,
243 SCRA 1). It does not matter that the
Pilipinas Bank branch in Quezon City is
not one of the branches he services in
Manila. The bank itself is his client.
This constitutes malpractice for which
Atty. Cruz can be disciplined.
XXV. REFUSAL OF SERVICES
Q: (2005) Darius is charged with the
crime of murder. He sought Atty.
Francia’s help and assured the latter
that he did not commit the crime. Atty.
Francia agreed to represent him in
court. During the trial, the prosecution
presented several witnesses whose
testimonies convinced Atty. Francia that
her client is guilty. She confronted his
client who eventually admitted that he
indeed committed the crime. In view of
his admission. Atty. Francia decided to
withdraw from the case.
Should Atty. Francia be allowed to do
so? Explain. (5%)
SUGGESTED ANSWER:
No, he should not be allowed to
withdraw. A lawyer shall not decline to
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 LEGAL ETHICS FAQ
represent a person solely because of his
opinion regarding the guilt of the said
person (Rule 14.01, Canons of
Professional Responsibility). It is the
bounden duty of a counsel de officio to
defend his client no matter how guilty or
evil he appears to be (People vs. Sta.
Teresa, 354 SCRA 697 [2001]).
XXVI. REFUSAL OF SERVICE
Q: (2001) XIV. May an attorney refuse to
handle a losing case? Support your
answer. (5%)
SUGGESTED ANSWER:
In civil cases, a lawyer may refuse to
handle a losing case. In all probability, a
losing case is one which has no basis or
cause of action. Under the Attorney's
Oath, the Code of Professional
Responsibility and Rules of Court, it is the
duty of a lawyer not to promote or sue
any groundless, false or unlawful suit, or
give aid or consent to the same.
The same is true in criminal cases,
except when a lawyer is called upon to
defend a person guilty of an offense. In
such a case, a lawyer may not refuse to
defend a person merely because he
perceives him to be guilty. That matter is
within the province of the Judge. The
client is presumed innocent until
otherwise proven. It is the counsel's duty
to see to it that his client is accorded
due process, that his rights are
respected, and that only the proper
penalties are meted out should he be
convicted.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
XXVII. PRIVILEGE COMMUNICAITON
Q: (2014) VII. The court ordered Atty. Z
to testify as a witness for his client in the
very case he is handling, but he refused
on the ground that it would violate the
rule on privileged communication. Atty.
Z is guilty of: (1%)
SUGGESTED ANSWER:
Distinction should be made. If Atty. Z
refuses to testify on formal matters, like
mailing, authentication or custody of
documents, he can be cited for direct
contempt (under Section 1, Rule 71 of
the Rules of Court) for refusal to be a
witness. However, if the matter to be
testified is substantial, he cannot be
guilty of contempt or any violation of
his duty to the court, based on Rule
12.08, Code of Professional
Responsibility.
XXVIII. LEGAL PROFESSION
Q: (2009) XIII. Atty. Hyde, a bachelor,
practices law in the Philippines. On long
weekend, he dates beautiful actresses
in Hong Kong. Kristine, a neighbor in the
Philippines, filed with the Supreme Court
an administrative complaint against the
lawyer because of sex videos uploaded
through the internet showing Atty. Hydes
sordid dalliance with the actresses in
Hong Kong.
In his answer, Atty. Hyde (1) questions
the legal personality and interest of
Kristine to institute the complaint and (2)
insists that he is a bachelor and the sex
videos relate to his private life which is
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 LEGAL ETHICS FAQ
outside public scrutiny and have
nothing to do with his law practice.
Rule on the validity of Atty. Hyde’s
defenses. (5%)
SUGGESTED ANSWER:
(a) The legal personality and interest of
Kristine to initiate the complaint for
disbarment is immaterial. A disbarment
proceedings is sue generis, neither a civil
nor a criminal proceeding. Its sole
purpose is to determine whether or not
a lawyer is still deserving to be a
member of the bar. In a real sense,
Kristine is not a plaintiff; hence, interest
on her part is not required.
(b) Atty. Hyde’s second defense is
untenable. His duty not to engage in
unlawful, dishonest, immoral and
deceitful conduct under Rule 1.01 of the
CPR, as well as his duty not to engage in
scandalous conduct to the discredit of
the legal profession under Rule 7.03, is
applicable to his private as well as to his
professional life.
XXIX. LEGAL PROFESSION
Q: (2006)
1. Why is law a profession and not a
trade? 2.5%
Suggested Answer:
Law is a profession and not a trade
because its basic ideal is to render
public service and secure justice for
those who seek its aid. The gaining of a
livelihood is only a secondary
consideration.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
2. Why is an attorney considered an
officer of the court? 2.5% .
SUGGESTED ANSWER:
An attorney is considered an officer of
the court because he forms part of the
machinery of justice and as such is
subject to the disciplinary authority of
court and to its orders and directions
with regard to his relations to the court
as well as to his client (Hi/ado v. David,
84.SCRA 569 [1949]). “A lawyer shall
exert every effort and consider it his
duty to assist in the speedy and efficient
administration of justice” (Canon 12,
Code of Professional Responsibility).
XXX. WITHDRAWAL OF SERVICES
Q: (2014) IV.A is accused of robbery in a
complaint filed by B. A sought free legal
assistance from the Public Attorney’s
Office (PAO) and Atty. C was assigned
to handle his case. After reviewing the
facts as stated in the complaint and as
narrated by A, Atty. C is convinced that
A is guilty. (4%)
a. May Atty. C refuse to handle the
defense of A and ask to be relieved?
b. In (a), if the lawyer is counsel de
parte for the accused and he learns
later after the case and while trial is
on-going that his client was indeed
the perpetrator of the crime, may
the lawyer withdraw his appearance
from the case? Why or why not?
SUGGESTED ANSWER:
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 LEGAL ETHICS FAQ

A. Atty. C of the PAO cannot refuse to Responsibility allows a lawyer to

handle the defense of A who is an
indigent client based on its circular.
He is a counsel de oficio who is duty
bound to exert his best effort and
professional ability to defend his
client (People vs. Esteba, 27 SCRA
106). Moreover, he cannot not
decline the appointment as counsel
de oficio (Rule 14.02, Code of
Professional Responsibility).
withdraw his services if his
inability to work with co-counsel
will not promote the best interest
of his client. Here, by objecting
to the collaboration of Atty. B,
Atty. A foresees his inability to
work with the former. “A” may
with withdraw to give his client a
free hand in protecting his
interest.

B. No he cannot. A counsel can (b) should refuse to accept the

withdraw his services only for good case, otherwise, he may be
cause and upon notice appropriate encroaching on the professional
to the circumstances under Canon employment of another lawyer.
22 of the Code of Professional A lawyer should decline
Responsibility. This is not one of the association as colleague if it is
grounds to justify withdrawal under objectionable to the original
Rule 22.01 of the CPR unless the counsel, but if the lawyer first
client insists that the lawyer pursue retained is relieved, another may
conduct violative of the canons and come into the case. (Canon 7,
rules. In Rule 14.01, CPR, a lawyer Canons of Professional Ethics).
shall not decline to represent a client
because of his own opinion (c) the client must choose only one
regarding the guilt of said person. of the lawyers. If he wants Atty. B
as his lawyer, he should formally
terminate the services of "A" so
XXXI. WITHDRAWAL OF SERVICES
"B" can formally enter his
appearance in the case.
Q: (2001) III.Atty. A objects to the
collaboration of Atty. B as proposed by
ALTERNATIVE ANSWER:
Client C In a pending case. How would
Atty. B is ethically prohibited from acting
A, B and C handle the situation? (5%)
as co- counsel of Atty. A if Atty. A
objects. However, final decision rests on
SUGGESTED ANSWER:
the client. If the client insists on the
1. A, B, and C may handle the situation
collaboration of Atty. B, even if Atty. A's
in the following manner —
recourse is to withdraw from the case.
(Canon S of Code of Professional
(a) can offer to withdraw his
Responsibility)
services. Rule 22.01(c) of the
Code of Professional
30
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 LEGAL ETHICS FAQ
XXXII. MOTIONS
Q: (2001)XVII.Draft a motion to
disqualify the Judge from hearing your
client's case (5%) (Do NOT use or sign
your real name.)
SUGGESTED ANSWER:
Republic of the Philippines
REGIONAL TRIAL COURT
________________ Judicial Region
Branch , Manila
A.
Plaintiff
- versus -
Civil CAM NO. 00-00000
B.
Defendant
x---------------------x
MOTION FOR
DISQUALIFICATION/INHIBITION
Defendant, by undersigned counsel,
respectfully moves and prays that the
Honorable Presiding Judge of this Court
be disqualified and/or inhibit himself
from presiding over this case, on the
ground that Atty. T, counsel of the
Plaintiff herein, is his first cousin, a
relative within the fourth degree of
consanguinity, which is a mandatory
ground for disqualification/inhibition
San Beda College Alabang School of Law
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pursuant to Sec. 1, Rule 137 of the Rules
of Court.
WHEREFORE, it is respectfully prayed that
the Honorable Presiding Judge
disqualify or inhibit himself from presiding
over these proceedings.
Place, Date.
Atty. Z
Counsel for Defendant
(EBP/PTR OR Nos. Place A Date of Issue)
(Notice of Hearing)
Atty. A
Counsel for the Plaintiff (Address)
Sir:
Please take note that on _____________
, 2001 at a.m.. The undersigned
counsel will submit the foregoing motion
to the Honorable Court for its
consideration and resolution.
Atty. Z
XXXIII. NOTARIAL SERVICE
Q: (2009) Atty. Sabungero obtained a
notarial commission. One Sunday, while
he was at the cockpit, a person
approached him with an affidavit that
needed to be notarized. Atty.
Sabungero immediately pulled out from
his pocket his small notarial seal, and
notarized the document. Was the
affidavit validly notarized? Explain. (3%)
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 LEGAL ETHICS FAQ
SUGGESTED ANSWER:
Section 2, Rule IV of the 2004 Rules on
Notarial Practice provides that a Notary
Public shall not perform a notarial act
outside his regular place of work,
except in few exceptional occasions or
situations, at the request of the parties.
Notarizing in a cockpit is not one of such
exceptions. The prohibition is aimed to
eliminate the practice of ambulatory
notarization. However, assuming that
the cockpit is within his notarial
jurisdiction, the notarization may be
valid but the notary public should be
disciplined.
XXXIV. LAWYER’S OATH
Q: (2003) State the significance of the
lawyer's oath. What, in effect, does a
lawyer represent to a client when he
accepts a professional employment for
his services?
SUGGESTED ANSWER:
“The significance of the oath is that it
not only impresses upon the attorney his
responsibilities but it also stamps him as
an officer of the court with rights,
powers and duties as important as those
of the judges themselves. It is a source
of his obligations and its violation is a
ground for his suspension, disbarment or
other disciplinary action.” (Agpalo,
Legal Ethics, 1992 ed., p. 59)
By accepting a retainer, he impliedly
represents that (a) he possesses the
competence required for the practice
of his profession, (b) he will exert his best
San Beda College Alabang School of Law
Centralized Bar Operations 2018
judgment in the prosecution or defense
of his client’s cause; (c) he will exercise
reasonable and ordinary diligence; and
(d) he will take such steps as will
adequately guard his client’s interest. In
brief, that he will abide by his lawyer’s
oath that he will conduct himself to the
best of his knowledge and discretion
with all good fidelity as well to the courts
as to his client.
XXXV. AFFIDAVIT
Q: (2006) Draft an Affidavit of
Desistance in a criminal case for acts of
lasciviousness. (Exclude the jurat) 5%
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) S.S.
AFFIDAVIT OF DESISTANCE
I, __________________, of legal age, single
and a resident of ___________ after
having been duly sworn in
accordance with law, hereby depose
and state:
1. That I am the complainant in
Criminal Case No. ________ of the
Metropolitan Trial Court of Manila,
Branch _____, for Acts of Lasciviousness;
2. That, after listening to the
explanation of the accused, I am
convinced that he acted
unintentionally and without malicious
intent;
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 LEGAL ETHICS FAQ

3. That I am no longer interested in

the prosecution of the said case, and I B. Yes, lawyer may be held for
am hereby desisting from the same. damages by his client for failure to
represent his client with zeal (Canon
FURTHER, AFFIANT SAYETH NAUGHT. 19, CPR) and for not serving his
client with competence and
Manila, September 24, 2006. diligence (Canon 18, CPR).

Affiant
(jurat) C. Arrears in the IBP may be a ground
to suspend the lawyer upon
XXXVI. MCLE COMPLIANCE recommendation by the IBP to the
Supreme Court.
Q: (2014) XXIX.
(A) Can a lawyer who lacks the number
of units required by the Mandatory
Continuing Legal Education (MCLE)
Board continue to practice his
profession?

(B) May a lawyer be held liable for

damages by his clients for the lawyer’s
failure to file the necessary pleadings to
prosecute the client’s case and as a
result of which the client suffered
damages?

(C) Can a lawyer still practice his

profession despite having arrears in his
Integrated Bar of the Philippines (IBP)
dues?

SUGGESTED ANSWER:
A. A lawyer who lacks the number of
units required by MCLE cannot
continue to practice the legal
profession since he is declared as a
delinquent member of the bar per
Resolution of the Supreme Court
dated January 14, 2014, revoking
OCA Circular No. 66-2008.
33
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 LEGAL ETHICS FAQ

OBJECTIVE B. Under Canon 20.01 of the CPR, the

following factors are considered:
I. ATTORNEY’S FEES
a) The time spent and
the extent of the
Q: (1998) XIV.What is your
services rendered or
understanding of quanlum meruit as
required;
attorney's fees? [5%)
b) The novelty and
difficulty of the
SUGGESTED ANSWER:
questions involved;
Quantum meruit literally means “as
c)The importance of
much as he deserves”. It is a measure
the subject matter;
for the lawyer's fees in absence of a
d)The skill demanded;
contract, or when the fees stipulated in
e) The probability of
a contract are found unconscionable,
losing other
or when the lawyer's services are
employment as a result
terminated for cause. The lawyer is
of acceptance of the
entitled to receive what he merits for his
proffered case;
services, as much as he has earned. The
f) The customary
factors to be taken into consideration
charges for similar
are enumerated in Rule 22 of the Code
services and the
of Professional Responsibility.
schedule of fees of the
IBP chapter to which he
II. ATTORNEY’S FEES
belongs;
g) The amount involved
Q: (2014) XXII.
in the controversy and
(A) May a lawyer collect fees for
the benefits resulting to
services rendered to his client despite
the client form the
the absence of an agreement to pay
service;
attorney’s fees?
h)The contingency or
certainty of
(B) In the absence of a contract for the
compensation;
payment of attorney’s fees, what
i) The character of the
factor/s may be considered in fixing the
employment, whether
amount of attorney’s fees?
occasional or
established; and
SUGGESTED ANSWER: j) The professional
A. Yes, it is based on quantum meruit standing of the lawyer.
but it can be tempered by the court
if its is unconscionable. III. PLEADINGS

Q: (2010)
34
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 LEGAL ETHICS FAQ
A. Draft the accusatory' portion of
an Information for RAPE of a 13-year old
child committed by her maternal uncle
in broad daylight at the back of a
church. (5%)
The undersigned public prosecutor
accuses A.B. of the crime of Qualified
Rape pursuant to Republic Act No. 8353
otherwise known as the “Anti-Rape Law
of 1997” committed as follows:
That on or about 8:00 o’ 9lock in the
morning of September 25,2010, in the
City of Manila and within the jurisdiction
of this Honorable Court, the said
accused A.B. an uncle, a relative by
consanguinity within the third civil
degree, of the victim C.D., a minor 13
years of age, did then and there grab
the said victim while she was praying
inside the Quiapo Church, and dragged
her behind a side altar of the church,
and through the use of threats and
violence, did there and then, willfully,
unlawfully and feloniously have carnal
knowledge of her.
Contrary to law.
B. Draft a Petition for the Issuance of
a Writ of Habeas Data. (5%)
SUGGESTED ANSWER:
Republic of the Philippines (Court)
IN THE MATTER OF THE PETITION FOR THE
HABEAS DATA , JUAN DE LA CRUZ,
Petitioner,
versus SP. PROC. NO.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
THE CHIEF OF STAFF OF THE ARMED
FORCES OF THE PHILIPPINES and THE
COMMANDING GENERAL OF THE
PHILIPINE NATIONAL POLICE,
Respondents.
PETITION
PETITIONER, through undersigned
counsel, respectfully alleges;
1. That petitioner is of legal age
and a resident of Balanga, Bataan,
while respondents are likewise of legal
age and may be served with summons
at their offices at Camp Emilio
Aguinaldo and Camp Crame,
respectively, EDSA, Quezon City;
2. That, on or about March 1, 2010,
allegedly on the basis of intelligence
reports, elements of the Armed Forces
of the Philippine National Police, without
any warrant of arrest, apprehended the
petitioner and 42 others while they were
peacefully attending a seminar on rural
health at Morong, Bataan.
3. That, ever since that date,
March 1, 2010, until the present, the
petitioner is under detention by the
military and the police on the basis of
the alleged intelligence reports.
4. That the petitioner had
repeatedly asked the respondents to
show him the alleged intelligence
reports so that he can defend himself,
but until the present, the respondents
have failed and/or refused to comply
with the said request of the petitioner.
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 LEGAL ETHICS FAQ

5. That, to the best of the 3. That the burden of showing that

knowledge of the petitioner, the said evidence of guilt is strong is with the
intelligence reports are in the prosecution, and unless that fact is
abovementioned offices of the satisfactorily shown, the defendant may
respondents. be bailed at the court’s discretion;

WHEREFORE, is it respectfully prayed WHEREFORE, upon due notice and

that, after due hearing, a writ of Habeas hearing, it is respectfully prayed that the
Data be issued ordering the defendant be admitted to bail in such
respondents to disclose and/or furnish amount as this Honorable Court may fix.
copies thereof to the petitioner, the
alleged intelligence reports which are (Place and Date)
the basis of his continued unlawful
detention. MCL
Counsel for the Defendant
Place and date.
(notice of hearing)
Counsel for the Petitioner.
IV. PLEADINGS
(Verification and Certification of Non-
Forum Shopping) Q: (2006) Draft an Information charging
Obet Buena with arson filed with the
C. Draft a Petition for Bail. (5%) Regional Trial Court. Branch 10, Manila.
10%
SUGGESTED ANSWER:
(Caption) SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
PETITION FOR BAIL NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT, BRANCH 10
Defendant Juan de la Cruz, through MANILA
counsel, respectfully alleges:
THE PEOPLE OF THE PHILIPPINES,
1. That the defendant is in custody Plaintiff,
for the alleged commission of a capital
offense. - versus - CRIMINAL
CASE No.___________
2. That no bail has been
recommended for his temporary release OBET BUENA,
on the assumption that the evidence of Accused.
guilt is strong. X------------------------------------------------X
36
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 LEGAL ETHICS FAQ

The undersigned Public Prosecutor

hereby accused OBET BUENA of the
crime of ARSON, committed as follows: Public Prosecutor

That, on or about September 1,2006, at V. PLEADINGS

about 10:00 p.m. at nighttime purposely
sought to facilitate the commission of Q: (2001)XX.Draft a short complaint with
the offense, at St., District of Quiapo, prayer for preliminary Injunction to be
City of Manila and within the jurisdiction filed in the Regional Trial Court of
of this Honorable Court, the said Manila. (5%) (Do NOT use or sign your
accused did then and there willfully, real name).
unlawfully and feloniously perform all
the acts of execution which would SUGGESTED ANSWER:
produce the crime of arson as a Republic of the Philippines
consequence, by throwing a lighted REGIONAL TRIAL COURT
torch and a can of gasoline at a National Capital Judicial Region
Barangay Hall in the said street, causing City of Manila Branch
as a result the complete burning and A,
destruction of the same to the damage Plaintiff,
and prejudice of the City of Manila, in
the amount of P5,000,0,00.00. — versus —
Civil Case No.
Contrary to law.
B,
Manila, September ¬¬¬¬¬____, 2006. Defendant,
x---------------------x

Public Prosecutor COMPLAINT

Certification
I hereby certify that a preliminary
investigation of the above-entitled case
was conducted under my direction,
and that there is prima facie evidence
that a crime has been committed and
that the accused is probably guilty
thereof.
San Beda College Alabang School of Law
Centralized Bar Operations 2018
Plaintiff, through counsel, alleges that:
1. Plaintiff is of legal age and a
resident of No. __________, C.M. Recto
Avenue, Sta. Cruz, Manila while
defendant is of legal age and a resident
of No. __________,
Taft Avenue, Malate, Manila, where he
may be served with summons.
2. Plaintiff is the owner of a parcel
of land situated at Rizal Avenue, Manila,
covered by Transfer Certificate of Title
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 LEGAL ETHICS FAQ

No. 28699 of the Register of Deeds of

Manila, and more particularly described 8. Since plaintiff and defendant are
in said certificate of title as follows: residents of different barangays, prior
resort to the Lupong Tagapamavapa is
(Technical Description) not required.

3. Defendant is the owner of a lot, PRAYER

also at Rizal Avenue, Manila, adjoining
the aforementioned lot of Plaintiff; WHEREFORE, plaintiff prays that
judgment be rendered:
4. On or about 02 January 2001, 1. Upon the filing of a bond by the
defendant started construction of a plaintiff in such amount as this
building in his lot, but the said Honorable Court may fix, a writ of
construction has encroached into the preliminary injunction be issued
lot of the plaintiff by about three (3) enjoining the defendant and all persons
meters along the whole extension of the under him from doing further work in the
boundary line between the two lots; construction of his building within the
plaintiff is property during the pendency
5. The said construction by the of this case.
defendant continues at present despite
protests and objections of the plaintiff, 2. After trial, making the injunction
and defendant has refused to vacate above- mentioned permanent, and
the plaintiffs property, notwithstanding ordering the defendant to remove all
the demands of the plaintiff; the posts and other construction within
the plaintiff is lot, and upon the
6. The continuance of the defendant failure to do so, authorizing
construction during the pendency of plaintiff to order said removal at
the present litigation will not only cause defendants expense.
injustice and great and irreparable injury
to the plaintiff, but and will also 3. Ordering defendant to pay the
complicate aggravate, and multiply the costs of the suit.
issues of this case; Plaintiff prays for other measures of relief
that are just and equitable under the
7. Plaintiff is willing to post a bond in premises.
such amount as may be fixed by this
Honorable Court, for the issuance of a Place, Date.
writ of preliminary injunction enjoining Atty. X
the defendant and all persons under Counsel for the Plaintiff
him from continuing with his (Address)
construction inside the plaintiff is lot (IBP/PTR OR Nos. Place & Date of Issue)
during the pendency of this case;
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 LEGAL ETHICS FAQ

VERIFICATION AND CERTIFICATION OF SUGGESTED ANSWER:

NON-FORUM SHOPPING
A, after being duly sworn, hereby
depose and states:
1. That he is the plaintiff in the
above-entitled case; that he has
caused the foregoing complaint to be
prepared; that he has read the same
and all the allegations of fact therein
contained are true and correct of his
personal knowledge.
2. That he hereby certifies that (a)
he has not heretofore commenced any
action or filed any claim involving the
same issues in any court, tribunal or
quasi-judicial agency, (b) to the best of
his knowledge, no such other action or
claim is pending therein, and (c) if he
should thereafter learn that the same or
similar action or claim has been filed or
is pending, he shall report that fact
within five (5) days therefrom to this
Honorable Court.
Place, Date.
(Sgd.) A
(Jurat)
VI. MOTIONS
Q: (2002) XVI.Prepare a motion for
extension of time to file an answer to a
complaint in the Regional Trial Court.
Branch 3, Manila. For purposes of this
pleading, your name is Pedro Cruz.
Supply the other hypothetical data.
Omit proof of service and notice of
hearing.(5%)
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 3, Manila
JUAN DE LA CRUZ,
Plaintiff,
-versus-
CIVIL CASE NO. 12345
PEDRO DE GUZMAN,
Defendant
x--------------------------- x
MOTION FOR EXTENSION OF TIME TO FILE
ANSWER
PLAINTIFF, through undersigned counsel,
to this Honorable Court respectfully
alleges:
1. That defendant was served with
summons and a copy of the complaint
on September 19, 2002 and,
consequently, has only up to October 4,
2002 within which to file an Answer;
2. That the undersigned counsel has
started to prepare the Answer but
unfortunately, due to pressure of work in
attending to other equally important
cases; he will need additional time, of
15 days from October 4, 2002, to
complete and file the same;
3. That, his motion is being Filed
solely for the foregoing reason and not
for purposes of delay.

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 LEGAL ETHICS FAQ
WHEREFORE, it is respectfully prayed that
defendant be given an extension of
time, of 15 days from October 4, 2002
within which to file an Answer to the
Complaint
Manila, September 21, 2002.
PEDRO CRUZ
(Counsel for the Defendant)
(address)
(PTR & IBP OR Nos.)
VII. COMPETENCE AND DILIGENCE
Q: (2000) X.
a) State the exception to the rule that
the negligence of counsel binds the
client. (2%)
b) Section 20. Rule 138 of the Rules of
Court enumerates nine (9) duties of
attorneys. Give at least three (3) of
them. (3%)
SUGGESTED ANSWER:
a) It is well-settled that the negligence
of counsel binds the client. The
exception is where the reckless or
gross negligence of counsel deprives
the client of due process of law or
where its application results in the
outright deprivation of one’s
property through a technicality
(Salonga v. Court of Appeals, 269
SCRA 534 11997J), or when the
application of the general rule will
result in serious injustice (San Miguel
Corporation v. Laguesma, 236 SCRA
595 [1994]).
b) Under Section 20, Rule 138. it is the
duty of an attorney:
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1) to maintain allegiance to the
Republic of the Philippines;
2) To maintain the respect due to
the courts of justice and judicial
officers;
3) To counsel or maintain such
actions or proceedings only as
appear to him to be just, and
such defenses only as he believes
to be honestly debatable under
the law;
4) To employ, for the purpose of
maintaining the causes confided
to him. such means only as are
consistent with truth and honor,
and never seek to mislead the
judge or any Judicial officer by
an artifice or false statement of
fact or law;
5) To maintain inviolate the
confidence, and at every peril to
himself, to preserve the secret of
his client, and to accept no
compensation in connection with
his client’s business except from
him with his knowledge and
approval;
6) To abstain from all offensive
personality, and to advance no
fact prejudicial to the honor or
reputation of a party or witness,
unless required by the justice of
the cause with which he is
charged;
7) Not to encourage either the
commencement or the
continuance of an action or
.proceeding or delay any man’s
cause, from any corrupt motive
or interest;
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 LEGAL ETHICS FAQ
8) Never to reject, for any
consideration personal to himself,
the cause of the defenseless or
oppressed;
9) In the defense of a person
accused of crime, by all fair and
honorable means, regardless of
his personal opinion as to the guilt
of the accused, to present every
defense that the law permits, to
the end that no person may be
deprived of life or liberty, but by
due process of law.
(N.B. any three will be sufficient)
VIII. OTHER DOCUMENTS
Q: (2004)
A. Prepare a draft of the verification
and non-forum shopping certification
that should be appended to a
complaint. Omit the signature, place,
date and the jurat. (5%)
SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, Pedro Reyes, of legal age and a
resident of Manila, Philippines, after
having been duly sworn, hereby depose
and state:
That I am the plaintiff in the above-
entitled case; that I have caused the
foregoing Complaint to be prepared;
that I have read the same, and the
allegations therein contained are true of
my own personal knowledge or based
on authentic documents.
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That I further certify that I have not
heretofore commenced any action or
filed any claim involving the same issues
in any court, tribunal or quasi-judicial
agency, and to the best of my
knowledge, no such action or claim is
pending therein, and if I should
thereafter learn that the same or similar
action or claim has been filed or is
pending, I will report that fact within five
(5) days therefrom to this Honorable
Court.
B. Prepare a complete draft of an
attestation clause of a notarial will. (5%)
SUGGESTED ANSWER:
ATTESTATION CLAUSE
We, the undersigned attesting witnesses,
whose residence addresses are stated
after our names, do hereby certify that
the testator Alexander Magno has on
this date published to us the foregoing
instrument, consisting of four (4) pages,
including this page, numbered
correlatively in letters at the top of each
page, as his Last Will and Testament,
and he signed the same at the end and
on every page thereof, and we, in turn,
at his request, signed the same and
every page thereof in the presence of
the said testator and of each other.
We further certify that this Attestation
Clause is in English, a language known
to us.
Signatures
Addresses
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 LEGAL ETHICS FAQ

JOSE MERCADO Q: (2006) Draft an Affidavit of

____________________ Desistance in a criminal case for acts of
lasciviousness. (Exclude the jurat) 5%
GREGORIO LUNA
____________________ Suggested Answer:
REPUBLIC OF THE PHILIPPINES)
PERFECTO SOLIS CITY OF MANILA ) S.S.
____________________
AFFIDAVIT OF DESISTANCE
IX. LAWYER’S OATH
I, __________________, of legal age, single
Q: (2006) What are the primary duties and a resident of ___________ after
imposed by the Lawyer’s Oath upon having been duly sworn in
every member of the Bar? 5% accordance with law, hereby depose
and state:
SUGGESTED ANSWER:
a. Maintain allegiance to the 1. That I am the complainant in
Republic of the Philippines, support its Criminal Case No. ________ of the
Constitution and obey the laws as well Metropolitan Trial Court of Manila,
as legal orders of duly constituted Branch _____, for Acts of Lasciviousness;
authorities;
2. That, after listening to the
b. Do no falsehood nor consent to explanation of the accused, I am
the doing of any in court; convinced that he acted
unintentionally and without malicious
c. Not to wittingly or willingly intent;
promote or sue any groundless, false or
unlawful suit or give aid nor consent to 3. That I am no longer interested in
the same; the prosecution of the said case, and I
am hereby desisting from the same.
d. Delay no man for money or
malice; FURTHER, AFFIANT SAYETH NAUGHT.

e. To conduct himself as a lawyer Manila, September 24, 2006.

according to the best of his knowledge
and discretion, with all good fidelity as
well to the court as to his clients (Rule
138, Sec. 3 Rules of Court).

X. AFFIDAVITS
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 LEGAL ETHICS FAQ
UNUSUALLY ASKED QUESTIONS
I. ZEAL WITHIN BOUNDS OF LAW
Q: (2008) Christine was appointed
counsel de oficio for Zuma, who was
accused of raping his own daughter.
Zuma pleaded not guilty but thereafter
privately admitted to Christine that he
did commit the crime charged.
[a] In light of Zuma’s admission, what
should Christine do? Explain. (3%)
SUGGESTED ANSWER:
Christine should continue to act as
counsel de oficio for Zuma. Christine
was appointed counsel de oficio and
should not decline to do so even if she
believes her client to be guilty. Her client
is entitled to the presumption of
innocence and is not obliged to plead
guilty. There is no fraud involved in his
pleading not guilty.
ALTERNATIVE ANSWER:
Rule 19.02 of the Code of Professional
Responsibility (CPR) provides that “a
lawyer who has received information
that his client has, in the course of the
representation, perpetuated a fraud
upon a person or tribunal, shall promptly
call upon the client to rectify the same,
and failing which he shall terminate the
relationship with such client in
accordance with the Rules of Court.” In
the light of this provision, Christine should
call upon Zuma to immediately rectify
the fraud he committed upon the court
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by pleading not guilty when he really
committed the crime charged.
[b] Can Christine disclose the admission
of Zuma to the court? Why or why not?
(2%)
SUGGESTED ANSWER:
Christine cannot disclose the admission
of Zuma to the Court. If she does so, she
will violate her obligation to preserve
confidences or secrets of her client
(Canon 21, Rule 21.02, CPR). The
privileged communication between
lawyer and client may be used as a
shield to defend crimes already
committed.
[c] Can Christine withdraw as counsel of
Zuma should he insist in going to trial?
Explain. (3%)
SUGGESTED ANSWER:
No. Christine cannot withdraw as
counsel of Zuma should he insist in going
to trial. It is Christine’s duty and moral
obligation when she accepted the
assignment as Zuma’s counsel de oficio.
It is not up to her to judge him to be
guilty; that is the responsibility of the
court. She should not ask the court to
excuse her from her responsibility as
counsel de oficio.
ALTERNATIVE ANSWER:
Pursuant to Rule 19.02 Christine should
terminate her relationship with Zuma in
accordance to Section 26, Rule 138 of
the Rules of Court, which provides that a
lawyer may retire at any time from an
action by the written consent of the
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 LEGAL ETHICS FAQ
client, or, without such consent, by
permission of the court upon notice to
the client and hearing. Christine should
therefore first try to secure the written
consent of Zuma to her withdrawal as
his counsel, and if he refuses, she can
file a motion asking the court to allow
her to withdraw as such counsel, for
serious and sufficient cause (Rule 14.02,
CPR).
II. INTEGRATED BAR OF THE
PHILIPPINES
Q: (2014) XXIX.
(A) Can a lawyer who lacks the number
of units required by the Mandatory
Continuing Legal Education (MCLE)
Board continue to practice his
profession?
(B) May a lawyer be held liable for
damages by his clients for the lawyer’s
failure to file the necessary pleadings to
prosecute the client’s case and as a
result of which the client suffered
damages?
(C) Can a lawyer still practice his
profession despite having arrears in his
Integrated Bar of the Philippines (IBP)
dues?
SUGGESTED ANSWER:
A. A lawyer who lacks the number of
units required by MCLE cannot
continue to practice the legal
profession since he is declared as a
delinquent member of the bar per
Resolution of the Supreme Court
San Beda College Alabang School of Law
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dated January 14, 2014, revoking
OCA Circular No. 66-2008.
B. Yes, lawyer may be held for
damages by his client for failure to
represent his client with zeal (Canon
19, CPR) and for not serving his
client with competence and
diligence (Canon 18, CPR).
C. Arrears in the IBP may be a ground
to suspend the lawyer upon
recommendation by the IBP to the
Supreme Court.
III. ATTORNEY AD-HOC
Q: (2009) TRUE or FALSE. Answer TRUE if
the statement is true, or FALSE if the
statement is false. Explain your answer in
not more than two (2) sentences. (5%)
[a] The Bangalore Draft, approved
at a Roundtable Meeting of Chief
Justices held at The Hague, is now the
New Code of Judicial Conduct in the
Philippines.
SUGGESTED ANSWER:
TRUE. The whereas clause of the New
Code of Judicial Conduct in the
Philippines provides that the Bangalore
Draft of the Code of Judicial Conduct is
intended to be a Universal Declaration
of Judicial Standards applicable in all
judiciaries. As such, it was adopted by
the Supreme Court as its Code of
Judicial Conduct, in solidarity with other
jurisdictions in the world.
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 LEGAL ETHICS FAQ
[b] An attorney ad hoc is a lawyer
appointed by the court to represent an
absentee defendant in a suit in which
the appointment is made.
SUGGESTED ANSWER:
TRUE. This applies when the absentee
defendant has no counsel present in
court and delay has to be avoided.
Said counsel, also known as a curator
ad hoc, is different from a counsel de
oficio where the party to be
represented is present in court but has
no counsel (Bienvenu v. Factor's &
Trader’s Insurance Co., 33 La. Ann. 209,
1881 WL 8922 [La.]).
[c] A charging lien, as distinguished from
a retaining lien, is an active lien which
can be enforced by execution.
SUGGESTED ANSWER:
TRUE. It is active because it requires the
lawyer to charge the judgment and its
execution for the payment of his fees.
[d] A lawyer cannot refuse to divulge
the name or identity of his client.
SUGGESTED ANSWER:
FALSE. As a general rule, a client’s name
is not confidential, but there, are
exceptions enumerated in Regala v.
Sandiganhayan (262 SCRA 122 [1996]),
to wit:
[a] where a strong possibility exists that a
revealing a client’s name would
implicate that client in the very activity
for which he sought the lawyer’s advice,
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(b) where disclosure would open the
client to civil liability, and (c) where the
government’s lawyers have no case
against an attorney’s client unless by
revealing the client’s name, the said
name would furnish the only link that
would form the chain of testimony
necessary to convict an individual of a
crime.
[e] A notary public is disqualified from
performing a notarial act when the
party to the document is a relative by
affinity within the 4th civil degree.
SUGGESTED ANSWER:
TRUE. Sec. 3 (c), Rule IV of the 2004 Rules
on Notarial Practice provides that a
notary public is disqualified from
performing a notarial act if he is a
spouse, common-law partner, ancestor,
descendant, or relative by affinity or
consanguinity of the principal within the
fourth civil degree.
IV. AMICUS CURIAE
Q: (1998) II.Explain the meaning of - (1)
Counsel de officio; (2) Amicus curiae;
and (3) Attorney's lien. [5%]
SUGGESTED ANSWER:
1) Counsel de Officio - a lawyer
appointed by the court to defend
an indigent defendant in a criminal
action.
2) Amicus curiae - literally, a friend of
the court; an experienced and
impartial attorney who is invited by
the court to give an opinion in the
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 LEGAL ETHICS FAQ
disposition of novel and/or difficult
issues before it.
3) Attorney's lien - a lien created by law
to insure payment of a lawyer's
professional fees and reimbursement
of his lawful disbursements. Section
37 of Rule 138 provides for two kinds
of attorney's lien, a retaining lien
which gives the lawyer the right to
retain the client's money, property
and documents which have legally
come into his possession until he is
paid all his fees and advances for all
his services to the client, and a
charging lien which gives the lawyer
the right to charge a judgment for
money and its execution with his fees
for services rendered in the case.
V. FINANCIAL OBLIGATIONS
Q: (2001) IV.Atty. A. is an incorrigible
gambler. He borrowed money left and
right and was eventually sued for
payment of debts. In the Supreme
Court, he moved to dismiss the
disbarment case against him reasoning
that his unpaid debts and collection
suits against him are not legally valid
grounds to discipline him. Decide. (5%)
SUGGESTED ANSWER:
Atty. A cannot be disciplined for non-
payment of debt.
In Toledo v. Abalos (315 SCRA 419), the
Court held that respondent lawyer
therein may not be disciplined for failure
to pay her indebtedness. The remedy is
to file a collection case before a regular
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court of justice against the lawyer. The
Supreme Court followed the general
rule that a lawyer may not be
suspended or disbarred, and the court
may not ordinarily assume jurisdiction to
discipline him, for incurring indebtedness
in his private capacity.
ALTERNATIVE ANSWER:
The Code of Professional Responsibility
(CPR) mandates that a lawyer shall not
engage in an unlawful, dishonest,
immoral or deceitful conduct.
Nonpayment of his debt constitutes
dishonest and deceitful conduct on the
part of the lawyer and therefore is a
valid ground to discipline him. However,
Supreme Court has ruled that a
disbarment case is not a proper forum
for the collection of debts.
VI. STUDENT PRACTICE RULE
Q: (2006)
1.Is there a distinction between
“practicing lawyer" and “trial lawyer”?
2.5%
SUGGESTED ANSWER:
A "practicing lawyer” is one engaged in
the practice of law, which is not limited
to the conduct of cases in court, but
includes legal advice and counseling,
and the preparation of instruments and
contracts by which legal rights are
secured. (Ulep v. Legal Clinic, Inc., 223
SCRA 378 [1993]}. A “trial lawyer” is one
who devotes his practice to handling
litigations in court (Cayetano v. Monsod,
201 SCRA 210 [1991]).
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 LEGAL ETHICS FAQ
2. Enumerate the instances when a
law student may appear in court as
counsel for a litigant. 2.5%
SUGGESTED ANSWER:
a) Under the Student Practice Rule,
a law student who has successfully
completed his third year of the regular
four-year prescribed law curriculum and
is enrolled in a recognized law school’s
clinical legal education program
approved by the Supreme court, may
appear without compensation in any
civil, criminal or administrative case
before any trial court, tribunal, board or
officer, to represent indigent clients
accepted by the legal clinic of the law
school, under the direct supervision and
control of a member of the Integrated
Bar of the Philippines if he appears in a
Regional Trial Court, and without such
supervision if he appears in an inferior
court (Bar Matter 730, June 10, 1997);
b) When he appears as an agent or
friend of a litigant in an inferior court
(Sec. 34, Rule 138, Revised Rules of
Court);
c) When he is authorized by law to
appear for the” Government of the
Philippines (Sec. 33, Rule 138, Revised
Rules of Court);
d) In remote municipalities where
members of the bar are not available,
the judge of an inferior court may
appoint a non-lawyer who is a resident
the province and of good repute for
probity and ability, to aid the defendant
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in his defense (Sec. 4, Rule 116, Revised
Rules of Court);
e) A law student may appear
before the National Labor Relations
Commission or any Labor Arbiter if he
represents himself, as a party to the
case, (b) he represents an organization
or its members with written authorization
from them, or (c) he is a duly-
accredited member of any legal aid
office duly recognized by the
Department of Justice or the Integrated
Bar of the Philippines in cases referred to
by the latter (Art. 222, Labor Code,
Kanlaon Construction Enterprises Co.,
Inc. v. NLRC, 279 SCRA 337 [19971);
f) Under the Cadastral Act, a non-
lawyer may represent a claimant before
the Cadastral Court (Sec. 8, Act
No.2250).
VII. UNETHICAL PUBLICITY
Q: (2003) A Justice of the Supreme
Court, while reading a newspaper one
weekend, saw the following
advertisement:
The following session day, the Justice
called the attention of his colleagues
and the Bar Confidant was directed to
verify the advertisement. It turned out
that the number belongs to Attorney X,
who was then directed to explain to the
Court why he should not be disciplinarily
dealt with for the improper
advertisement.
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Attorney X, in his answer, averred that

(1) the advertisement was not improper
because his name was not mentioned
in the ad; and (2) he could not be
subjected to disciplinary action
because there was no complaint
against him.

Rule on Attorney X’s contention.

SUGGESTED ANSWER:
(1) The advertisement is improper
because it is a solicitation of legal
business and is tantamount to self-praise
by claiming to be a "competent
lawyer”. The fact that his name is not
mentioned does not make the
advertisement proper. His identity can
be easily determined by calling the
telephone number stated. In the case of
Ulep v. Legal Clinic, Inc., 223 SCRA 378
(1993), the Supreme Court found a
similar advertisement to be improper in
spite of the fact that the name of a
lawyer was also not mentioned.

(2) A complaint is not necessary to

initiate disciplinary action against a
lawyer. In Section 1, Rule 139-B of the
Rules of Court, disciplinary action
against a lawyer may be initiated by the
Supreme Court motu proprio.

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