LEGAL ETHICS

QUIZ 1
Atty. Lilibeth D. Gabutero

I. Judgment was rendered against San Pedro Gardens ordering

it to reconvey the cemetery to the rightful owners. Despite the
final decision of the SC, San Pedro Gardens was able to
prevent the execution for 17 years, rendering the judgment
ineffectual. They filed several petitions and motions for
reconsideration with the trial court and the CA despite the
fact that it would never prosper as the trial court’s decision
had long become final before the said petitions were filed. Did
the lawyers violate Canon 12 of the CPR?

While lawyers owe their entire devotion to the interest of the client and
zeal in the defense of their client’s right, they are also officers of the court,
bound to exert every effort to assist in the speedy and efficient
administration of justice. They should not misuse the rules of procedure to
defeat the ends of justice or unduly delay a case, impede the execution of a
judgment or misuse court processes. The facts and the law should advise
them that a case such as this should not be permitted to be filed to merely
clutter the already congested judicial dockets. They do not advance the
cause of law or their clients by commencing litigations that for sheer lack of
merit do not deserve the attention of the courts. (Eternal Gardens
Memorial Park Corporation v. CA, G.R. No. 123698, Aug. 5, 1998)

II. What is forum-shopping? How is it committed?

A: It is the improper practice of filing several actions or petitions in the

same or different tribunals arising from the same cause and seeking
substantially identical reliefs in the hope of winning in one of them. The
omission to disclose pendency of appeal or prior dismissal of his case by
 a court of concurrent jurisdiction with intent of seeking a favorable
opinion.

1. Going from one court to another in the hope of securing a favorable

relief in one court, which another court has denied.
2. Filing repetitious suits and proceedings in different courts concerning
the same subject matter after one court has decided the suit with
finality; or
3. Filing a similar case in a judicial court after receiving an unfavorable
judgment from an administrative tribunal.

III. What are the instances when a lawyer may testify as a

witness in a case which he is handling for a client?

A: FETAD

1. On Formal matters, such as the mailing, authentication or custody of

instrument and the like;
2. Acting as an Expert on his fee;
3. On substantial matters in cases where his Testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust
the trial of the case to another counsel;
4. Acting as an Arbitrator;
5. Deposition.

IV. Who may be appointed as counsel de officio?

Members of the bar in good standing;

Any person, resident of the province and of good repute for probity and
ability, in localities without lawyers
V. Can a lawyer engaged by a corporation defend members of
the board of the same corporation in a derivative suit?

A: No. The interest of the corporate client is paramount and should not
be influenced by any interest of the individual corporate officials.

A lawyer engaged as counsel for a corporation cannot represent

members of the same corporation's board of directors in a derivative
suit brought against them. To do so would be tantamount to
representing conflicting interests, which is prohibited by the Code of
Professional Responsibility. (Hornilla v. Atty. Salunat, A.C. No. 5804, July
1, 2003)