DIAGNOSTIC TEST

LEGAL ETHICS
Summer 2020

May 9, 2020 4:00-6:00 PM

INSTRUCTIONS

This questionnaire consists of FIFTEEN (15) MCQs and TEN (10) essay questions
contained in SIX (6) pages. Read each question very carefully. Answer legibly, clearly
and concisely. Start each number on a separate page; an answer to a sub-question
under the same number may be written continuously on the same and immediately
succeeding pages until completed.

WRITE THE ANSWERS FOR THE MULTIPLE CHOICE QUESTIONS IN A SINGLE PAGE.

A mere “Yes” or “No” answer without any corresponding discussion will not be given
any credit. As much as possible, limit your answers in the essay to 4-6 sentences. BE
DIRECT TO THE POINT AND ANSWER ON THE BASIS OF LAW.

ANSWERS MUST BE HANDWRITTEN. SCAN OR TAKE A PHOTO OF YOUR ANSWERS

AND SUBMIT IT TO YOUR RESPECTIVE GOOGLE CLASSROOMS. DO NOT FORGET TO
WRITE YOUR NAMES ON YOUR PAPER.

THE DOCUMENT FILE SHOULD BE NAMED IN THIS MANNER, “(Surname),(Name).

(Subject) (2020). (Coach _____).

Example: “Fernandez,Christian. Legal Ethics 2020. Coach Bathan”

Be reminded that this is NOT A GRADED EXAM. We are only asking you to answer
conscientiously because we cannot properly make our recommendations and
suggestions (to you and to your professors) if your answers are copied from the
book.

GOOD LUCK!!!

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MULTIPLE CHOICE QUESTIONS

1. Which is a source of legal ethics in the Philippines?

a. The 1987 Philippine Constitution
b. The Rules of Court
c. The Canons of Professional Ethics
d. All of the above.

2. The Code of Professional Responsibility is the code of conduct for:

a. Members of the Bench
b. Members of the Bar
c. Members of the Bench and the Bar
d. Private practitioners

3. Which is a characteristic of the practice of law?

a. It is natural right
b. It is a constitutional right
c. It is subservient to the court.
d. Acts of lawyers are not subject to scrutiny

4. A person named and appointed by the court to defend an absentee defendant in the suit
in which the appointment is made is an
a. Attorney-in-fact
b. Attorney ad hoc
c. Attorney de officio
d. Counsel de parte

5. What is a retaining lien?

a. The lawyer who handled the case during the trial stage should continue to be
retained up to the appeal.
b. The right of the lawyer to be retained as counsel for a party until the entire case is
finished.
c. The right of a lawyer who is discharged or withdrawn to keep the records and
property of the client in his possession until his lawful services have been paid.
d. The prerogative of a client’s retainer to recover out-of-pocket expenses.

6. Under the Amended Student Practice Rule, what can the student under Level
Certification do?
a. Assist in the taking of depositions and/or preparing judicial affidavits of witnesses
b. Provide public legal orientation
c. Appear on behalf of the client at any stage of the proceedings or trial, before any
court
d. In appealed cases, to prepare the pleadings required in the case

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7. Which does not constitute competent evidence of identity?
a. Passport
b. NBI Clearance
c. Community Tax Certificate
d. Postal ID

8. Which is not a judicial obligation under the New Code of Judicial Conduct for the
Philippine Judiciary?
a. Competence and Diligence
b. Candor and Fairness
c. Independence
d. Propriety

9. The following are the requirements for the resumption of the law practice, except:
a. Payment of professional tax
b. Completion of at least 24 credit hours of mandatory continuing legal education
c. Retaking lawyer’s oath
d. Uploading and payment in full of the annual membership dues in the IBP.

10. Which of the following statement is false?

a. The practice of law is characterized by habituality and/or compensation.
b. A person who passed the bar examination can demand the he be automatically
admitted to the practice of law.
c. An arrested person under detention may not practice law.
d. IBP is strictly non-political.

11. Atty. X entered his appearance as counsel for defendant in a case pending before the
RTC. F later complained that he did not authorize Atty. X to appear for him. F moved that
the court suspend Atty. X from the practice of law. May the judge grant the motion?
a. Yes. The motion should be granted. Atty. X may be suspended for corruptly or
willingly appearing as an attorney for a party without authority to do so.
b. No. The motion should be denied. Atty. X cannot be suspended by the RTC as it has
no authority to do so.
c. Yes. The motion should be granted. Atty. X’s appearance without authorization from
the party represented is considered indirect contempt.
d. No. The motion should be denied. The penalty of suspension could not be imposed
for indirect contempt committed before the RTC since it is upon the discretion of the
judge.

12. Atty. Lino was elected vice-governor and continued his law practice. Later, the governor
went on sick leave due to tuberculosis and Atty. Lino was designated as Acting Governor.

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Since hearings have already been set, can Atty. Lino continue appearing as counsel in the
cases handled by him?
a. No, all governors- even under acting capacity are prohibited from exercising their
profession.
b. Yes, provided Atty. Lino seeks the permission of DILG.
c. Yes, but only for hearings that have been set.
d. Yes, because he is only under an acting capacity.

13. May a lawyer give proper advice and assistance to a client of another lawyer?
a. No. A lawyer may not give proper advice and assistance to a client of another,
directly or indirectly because this may be interpreted as encroaching upon the
professional employment of the other lawyer.
b. Yes. A lawyer is permitted “without fear or favour, to give proper advice and
assistance to those seeking relief against unfaithful and neglectful counsel. No. Such
act is absolutely prohibited under the Code of Professional Conduct.
c. Yes. The advice should be discreet and should not affect the outcome of the case.

14. Atty. Yorme was retained by Vico to handle his case in the SEC. There is a tax angle so
Atty. Yorme consulted Atty. Gloria, a tax expert, and for her assistance shared 50% of the
retainer fee with Atty. Yorme. Is this proper?
a. Yes. There is no impropriety in the sharing of attorney’s fees with a tax expert as
this is part of the delegation of work and it is not a delegation of case.
b. No. Sharing of attorney’s fees is prohibited.
c. Yes. A lawyer is allowed to share attorney fees in cases of collaboration.
d. No. Once a lawyer accepts a case, it is only him and his associates who should help
each other in the case.

15. On which of the following is a lawyer proscribed from testifying as a witness in a case
he is handling for a client?
a. On the theory of the case
b. On the authentication or custody of any instrument
c. On the mailing of documents
d. On substantial matters in cases where his testimony is essential to the ends of
justice.

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ESSAY

Question 1:
“What is legal is moral.” Comment on the correctness or incorrectness of this proposition.

Question 2:
The term “practice of law” is incapable of exact definition. Whether a particular activity
comes within the meaning of the term, depends upon the circumstances of the case. There
are, however, general principles and doctrines laid down by the Supreme Court explaining
the meaning and scope of what constitutes the practice of law.
Briefly discuss said general principles and doctrines.

Question 3:
The IBP Cebu City Chapter renders legal assistance through its members free of charge, to
any person who is without means to enforce or defend a right. Any such person who is
without means to enforce or defend a right may call at the Chapter office at Capitol, Cebu
City during office hours for consultation.

If notice as written above were to be posted in a conspicuous place for the general welfare
to see, would such posting constitute improper solicitation? Defend your answer.

Question 4:
Distinguish Barratry from ambulance chasing.

Question 5:
A leading Chinese lawyer was asked to collaborate with a local attorney by the Suzuki
company in Cebu City to help in the prosecution of a case against another foreign company
based in the Philippines. May the Chinese lawyer file a brief and appendix authorities to be
appended and to be submitted by the local attorney of record prosecuting the case in the
RTC Cebu City. Reason out your answer.

Question 6
Atty. You has plans to join the judiciary. He has been a lawyer for about 23 years now. He
has been an esteemed member of the IBP, a legal consultant to a number of business
entities and “of-counsel” of a medium sized law firm. Strangely enough, he has yet to see a
court room. Never during his 20-year stint as a lawyer, has he had the opportunity to
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conduct any actual trial or litigation work. Does he possess the necessary qualifications of a
RTC judge?

Question 7
Judge Qwerty was appointed MTC Judge in 2006. Subsequently, the Judicial Bar and Council
received an information that previously he had been dismissed as Assistant City Prosecutor
of Manila. It appeared that when he applied for appointment in the Judiciary, his answer to
the question in the Personal Data Sheet- “Have you ever been retired, dismissed or forced
to resign from any employment?” was- “Optional under R.A. No. 1145.” The truth is, he was
dismissed for gross misconduct as Assistant City Prosecutor. May he be dismissed as a
judge?

Question 8:
Atty. Loonyo is the City Legal Officer of Dani City. He was married to Lia, a businesswoman
and had 2 children. While Lia was on her business trip in General Santos City, Atty. Loonyo
left their home. He took their car with him and his personal belongings. Lia then learned of
her husband’s illicit affair after she saw a woman named Ivana sitting on his lap inside the
City Legal Office, after returning from her business trip to look for her husband. Lia verified
the information and found out to be true. It was found out that that Atty. Loonyo lived
together with Ivana and left his family.

Atty. Loonyo then sought for the declaration of nullity of their marriage alleging that his
wife was suffering from psychological incapacity. The lawyer of Atty. Loonyo negotiated
with Lia to agree on the annulment but the latter refused. Lia then filed a disbarment case
against Atty. Lonyo. Decide.

Question 9
In a trial of a case for prohibited game, the defense attorney took and hid inside his pocket
part of the evidence of the prosecution. The public prosecutor saw it, indignantly rose from
his seat and in sarcastic and insulting words denounced the act of the attorney to the judge.
What offense did the defense attorney commit against the ethics of the profession? Did the
public prosecutor also commit any offense against the ethics of the profession?

Question 10
Write the Lawyer’s Oath.

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