Group 1 Problem Areas in Legal Ethics

CASE NO. 1
Monsod was nominated by the President as the Chairman of the
COMELEC. The COA confirmed the said nomination. Cayetano opposed
the nomination because Monsod does not possess the Constitutional
qualification requirement: The Chairman, shall be Member of the Philippine
Bar who have been engaged in the practice of law for at least ten years.It
was known that Monsod, after passing the bar, worked in his father’s law
office. After, he worked as an operations officer in the World Bank Group
for about two years (1963-1970). Upon returning to the Philippines, he
worked with the Meralco Group as a Chief Executive Officer, and
subsequently rendered services to various companies either as legal and
economic consultant or chief executive officer. He also served as former
Secretary-General (1986) and National Chairman (1987) of NAMFREL, as
a member of the Constitutional Commission (1986-1987) and Davide
Commission (1990), and as Chairman of Committee on Accountability of
Public Officers.
Did Monsod possess the required qualification for the position of Chairman
of the COMELEC?

CASE NO. 2
Medado graduated with a Bachelor of Laws degree from University of the
Philippines in 1979 and took and passed the bar examinations given that
same year. Medado passed the bar examinations and took the Attorney’s
Oath together with other successful bar examinees on May 7, 1980 at the
Philippine International Convention Center (PICC). He was scheduled to
sign the Roll of Attorneys on May 13, 1980, but he misplaced the Notice to
Sign the Roll of Attorneys sent by the Office of the Bar Confidant after he
went home to the province for a vacation. Since taking his oath in 1980,
Medado had been employed by several law firms and private corporations,
mainly doing corporate and taxation work. When attending a seminar as
part of his Mandatory Continuing Legal Education in 2005, Medado was
unable to provide his roll number. Seven years later in 2012, Medado filed
a Petition praying that he be allowed to sign the Roll of Attorneys. Medado
alleged good faith, initially believing that he had already signed the Roll
before entering PICC for his oath-taking on May 7, 1980.
A. Can Medado already be considered a member of the Bar and be
allowed to use the title of “attorney”? Explain.
B. Did Medado commit any professional or ethical transgression for which
he could be held administratively liable?
C. Will you grant Medado’s Petition to belatedly sign the Roll of Attorneys?
Why?
Group 1 Problem Areas in Legal Ethics

CASE NO.3
Isidra Ting-Dumali charges Atty. Rolando S. Torres with
presentation of false t e s t i m o n y ; pa r t i c i p a t io n i n , c o n se n t t o ,
a n d f a i l u r e t o a d v i s e a ga i n s t , t h e f o r g er y of com plaina nt ’s
sig n a t ur e in a p ur p o rt ed Deed of Ext rajudicial Set t lem ent ;
a n d g ro ss misrepresentation in court for the purpose of profiting from
such forgery, thereby violating his oath as a lawyer and the canons of
legal and judicial ethics. According to the complainant, Atty. Torres took
advantage of his relationship with her and her brothers and
used his profession to deprive them of what was lawfully due them even
if it involved the commission of an illegal, unlawful, or immoral act. the
respondent denies the allegations of the complaint and asserts that he
did not take advantage of his profession to deprive any of the co-heirs
of his wife of the estate left by his parents-in-law.
Is the act of the Atty. Torres a violation of the lawyer’s oath?

CASE NO. 4
In a Decision dated December 4, 2009, the Court disbarred Atty. Revilla
from the practice of law on the following grounds: abuse of court
procedures and processes; filing of multiple actions and forum-shopping;
willful, intentional and deliberate resort to falsehood and deception before
the courts; maligning the name of his fellow lawyer; and fraudulent and
unauthorized appearances in court. He then filed a Petition for Judicial
Clemency.
What is Judicial Clemency?

CASE NO. 5
May the Court reinstate a disbarred lawyer even if the decision of the
disbarment case attained finality?

CASE NO.6
Atty. Wamailhi facilitated the falsification of documents used in the
commission of the crime. It was also found out that the former had
participation in the crime from planning stage up to the execution. An
administrative complaint for disbarment was filed against him, will the case
prosper?

CASE NO. 7
Atty. Carding Dalisaynon won an ejectment case against Lily El
Presidente Spiritista Church, Inc., but the parties agreed that the latter will
not file a notice of appeal and will vacate the premises provided that they
will be receiving financial assistance from Atty. Dalisaynon an amount of
P400,000.00. But, despite receiving the financial assistance, LEPS
Church reneged on their end of the agreement. Atty. Dalisaynon, therefor,
was able to secure a court order to demolish the building and took away
the demolished structures. Hence, Lily Bigats the Head Minister filed a
Group 1 Problem Areas in Legal Ethics

disbarment complaint before the Supreme Court and Integrated Bar of the
Philippines (IBP) against Atty. Dalisaynon based on his allegedly gross
misconduct and deceit in causing the demolition of the structures and by
taking all of the demolished structures. Is the filing of complaint made by
Lily correct? Does Lily have a valid ground for the disbarment complaint?

CASE NO.8
Atty. Tigulbam has been practicing law for almost 60 years. In his
application for exemption from MCLE he enumerated his achievements as
lawyer over the years including landmark cases which involves high profile
personalities. Will his application for exemption be granted? Why MCLE is
important for the practice of law?

CASE NO.9
Atty. Salvado introduced himself as a lawyer and businessman to Engel
Paul Aca. Enticed by his business experience, the latter invested to the
former’s business with a guaranteed high interest. As a consideration of
his investments, Atty. Salvado issued postdated checks representing
principal amount and interests which upon presentment were dishonored
by the bank. Instead of displaying committed attitude to his creditor, he
refused to answer Aca’s demands. He further denied that he enticed Aca.
He said that it was Aca who inquired if he need additional investment and
it was his secretary who assured him of high returns not Atty Salvado.

Investigating Commissioner recommended that Atty. Salvado be

meted a penalty of suspension from the practice of law for six ( 6) months
for engaging in a conduct that adversely reflects on his fitness to practice
law and for behaving in a scandalous manner to the discredit of the legal
profession. With this, Aca filed an administrative complaint for disbarment
against Atty. Salvado for violation of Canon 1, Rule 1.014 and Canon 7,
Rule 7.035 of the Code of Professional Responsibility.

Do you agree with the recommendation of the Investigating

Commissioner? Explain.

CASE NO. 10
What are the grounds for disbarment and suspension of a member of the
Bar under the Revised Rules of Court.

CASE NO. 11
May the Court order a member of the bar to return money he
obtained from his client in his private capacity?