2020 Basic Legal Ethics Final Exam

SAINT LOUIS UNIVERSITY
A Bonifacio Street
2600 Baguio City, Philippines
Tel Nos (+6374) 442.3043 • 443.2001 • 444.8246 to 48
Fax (+6374) 442.2842
www.slu.edu.ph
Member • Association of Southeast Asian Institutions of Higher Learning (ASAIHL)

• Association of Southeast and East Asian Catholic Colleges and Universities (ASEACCU)
• Association of Catholic Universities of the Philippines (ACUP)
• Catholic Educational Association of the Philippines (CEAP)
• International Federation of Catholic Universities (IFCU)
School of Law • Philippine Association of Colleges and Universities (PACU)
• Philippine Accrediting Association of Schools, Colleges and Universities (PAASCU)
FINAL EXAMINATION
BASIC LEGAL ETHICS
June 9, 2020 5:30 P.M. – 8:00 P.M.
INSTRUCTIONS
1. This Questionnaire contains 29 pages including this page. Check the number of pages and
their proper sequencing.
2. There are two (2) parts of the exam. Part I – Multiple Choice Questions (80 points) and Part II –
Essay (20 points)
3. Encode/type your answers. Write your name and section on the upper left-hand corner of the
first page of your answer sheet. Send your answers by sending the file via email. The file name
should be BLE_(Surname)(First Name).
4. You can likewise opt to write your answers in a notebook, then take pictures of the same and
send them via email.
5. Read each question very carefully and answer in the same order the questions are posed.
Note well the allocated percentage points for each number, question, or sub-question. In your
answers, use the numbering system in the questionnaire.
6. Answer Part I (Multiple Choice Questions) continuously on the same page and the
immediately succeeding pages until completed using CAPITAL LETTERS.
7. Answer the Essay questions clearly, and concisely. If you are answering in a notebook, start
each number on a separate page. An answer to a sub-question under the same number may
be written continuously on the same page and the immediately succeeding pages until
completed. Do not re-write or repeat the question in your answers.
8. Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with
the pertinent laws, rules, and/or jurisprudence.
9. Submit your answers at exactly or before 8:00 p.m. tonight. To be fair to the students who
submit their work on time, a deduction will be incurred for late submission.
10. For the submission of your answers at exactly or before 8:00 p.m. tonight, send it via email. This
is my email add: mmacabuag@slu.edu.ph
GOOD LUCK!
Prepared by: Approved by:
ATTY. SHELLAH YZANNE D. MERCED JERICO G. GAY-YA, JD, LLM.

Department Head
Remedial Law and Legal Ethics
____________________________________________ Department
ATTY. MYLENE MAY G. ADUBE-CABUAG, LLM.
Date: May 26, 2020 Date: May 26, 2020
Uploading of this questionnaire over the internet or reproduction of it in any form is STRICTLY prohibited.
EXCLUSIVELY for the use of the SLU Law students enrolled in Basic Legal Ethics, 2nd Semester, AY 2019-2020.
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PART I. Multiple Choice Questions (MCQs)
Write the CAPITAL LETTER of the correct answer.
1.
The Lawyer’s Oath states that one of the duties of a lawyer is that he must
delay no man for money or malice. The following acts violate this duty, except:
A. Filing numerous motions to have the case cancelled and reset, without any
justifiable reason.
B. Filing a Motion to Reopen the case after the Court has issued a Certificate of
Finality.
C. Filing a Motion to Lift an Order of Default for a client who was not able to file
an Answer on time.
D. Filing a Notice of Appeal of the decision of the trial Court on the 16th day after
receipt of the decision.
2.
The Lawyer’s Oath also states that a lawyer shall support the Constitution
and obey the laws as well as the legal orders of the duly constituted authorities
therein. The following acts violate this duty, except:
A. Receiving a traffic violation ticket in a hearing out of town and refusing to

surrender his driver’s license.
B. Being cited for a traffic violation but attending the required seminar and paying
the fine.
C. Being cited for a traffic violation and agreeing to pay the traffic enforcer Php
500 to facilitate the transaction.
D. After receiving a traffic violation ticket, the lawyer calls the Chief of the Traffic
Enforcement Division to have the charges dropped.
3.
Atty. Orca was suspended for three (3) months from the practice of law.
During the period of his suspension, his kumpare and neighbour, Cardo, went to
his house and asked him to prepare a Deed of Sale for a vehicle he was selling to
Myrna. Can Atty. Orca prepare the said Deed for Cardo?
A. No, he may not prepare the deed because he prepared the same while he
was not at his office.
B. Yes, he may still prepare the deed because he did not notarize it.
C. No, he is not qualified to prepare documents while he is serving his suspension.
It would amount to unauthorized practice of law.
D. Yes, preparation of documents is not categorized as an activity involving
practice of law.
4.
May a lawyer who holds a government position be disciplined as a member

of the bar for misconduct in the discharge of his duties as a government official?
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A. No, he may not be disciplined as a member of the bar for misconduct in the
discharge of his duties as a government official because it would constitute
double jeopardy.
B. No, he may not be disciplined as a member of the bar for misconduct in the
discharge of his duties as a government official.
C. No, he may not be disciplined as a member of the bar for misconduct in the
discharge of his duties as a government official because he is governed by
administrative rules of conduct.
D. No, he may not be disciplined as a member of the bar for misconduct in the
discharge of his duties as a government official, except when the act of the
lawyer constitutes a violation of his oath as a lawyer.
5.
Ara Plan engaged the services of Atty. Adam Lara to represent her in a civil
case. After the conclusion of the Judicial Dispute Resolution, Atty. Lara received
a text message from Ara, informing him that she will no longer retain his services.
May a client dismiss her lawyer at any time?
A. No, a client may not dismiss her lawyer at any time without any valid reason to
do so, because of their contract as lawyer and client which is binding upon both
parties.
B. No, a client may not dismiss her lawyer at any time without any valid reason to
do so, because the relationship of a lawyer and client is one based on trust and
confidence. Without proof of loss of confidence by the client, she cannot
terminate her lawyer’s services.
C. Yes, a client may dismiss a lawyer at any time as long as she has paid his fees
in full.
D. Yes, a client may dismiss her lawyer at any time with or without cause. This is
based on the fact that said relationship one of trust and confidence. As such,
even without cause, a client may opt to terminate a lawyer’s services at any time.
6.
Following the previous question, may Atty. Lara withdraw as counsel at

any time?
A. No, Atty. Lara may only withdraw as counsel only for good cause.
B. No, Atty. Lara may only withdraw as counsel with the consent of his client and
with leave of court.
C. No, Atty. Lara may only withdraw as counsel with the consent of his client and
with leave of court and only for good cause.
D. No, Atty. Lara may not withdraw as counsel because that is a violation of his
contractual obligation with his client.
7.
The following are some of the instances where a lawyer may withdraw his
appearance as counsel, except:
A. When the client has failed to pay the lawyer his fees on time.
B. When his inability to work with co-counsel will not promote the best interest of
the client.
C. When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement.
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D. When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling.
8.
The following are lawyer-public officials who are strictly prohibited to

practice law in the Philippines, except:
A. Chief Justice Diosdado Peralta, being a member of the Supreme Court.

B. Senator Aquilino “Koko” Pimentel, being a member of the Senate.
C. City Prosecutor Elmer Sagsago, being a member of the National Prosecution
Service
D. Chief Persida Acosta, being a member of the Public Attorney’s Office.
9.
Sanggunian members who are also members of the Bar may practice their
professions provided they shall comply with the following conditions, except:
A. Appear as counsel before any court in any administrative case wherein a local
government unit or any office, agency, or instrumentality of the government is the
adverse party.
B. Appear as counsel in any criminal case wherein an officer or employee of the
national or local government is accused of an offense committed in relation to
his office.
C. Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the government is the
adverse party.
D. Collect any fee for their appearance in administrative proceedings involving
the local government unit of which he is an official;
E. Use property and personnel of the government except when the Sanggunian
member concerned is defending the interest of the government.
10.
Atty. Keem Chu, the Managing Partner at CCO Law, met Atty. John
Horowitz of the Law Firm of Horowitz and Horowitz, a law firm registered and based
in New York, USA. Atty. Horowitz was looking for a possible tie-up with law offices
in the Philippines to become their affiliates in cases involving properties in the Asia-
Pacific Region. Atty. Chu, for and in behalf of her Firm, accepted said offer. For
cases being handled by CCO Law in behalf of the Law Firm of Horowitz and
Horowitz, CCO Law is allowed to do the following acts, except:
A. Appear for and in behalf of the Law Firm of Horowitz and Horowitz in all cases
filed in the Philippines using their Firm name.
B. Send a demand letter to an adverse party in behalf of the Law Firm of Horowitz
and Horowitz using the CCO Law letterhead.
C. File and sign pleadings in behalf of the Law Firm of Horowitz and Horowitz and
enter its appearance as CCO Law.
D. Send a demand letter to an adverse party in behalf of the Law Firm of Horowitz
and Horowitz using the Law Firm of Horowitz and Horowitz letterhead.
11.
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Miranda’s husband, Ben, was killed instantly when he was hit by a taxi while
crossing the street along Mabini Street. She wants to sue the owner of the taxi for
damages, but she cannot afford a lawyer. One week after the fateful incident,
she saw an advertisement in the newspaper about a lawyer, named Atty. Alex
Binhi, extending free legal services to the needy. She went to the office Atty. Binhi
to assist her in pursuing the case against the taxi owner. Atty. Binhi agreed to
handle the case without any retainer's fee, and that all the expenses shall be
borne by Atty. Binhi, premised on the condition that in case of recovery of
damages, he shall get 30% of the award by the court. The agreement was
embodied in contract. Miranda and Atty. Binhi’s agreement is:
A. Valid and permissible because by signing the contract, they undertook to be

bound thereby.
B. Invalid and not permissible because a lawyer should not agree with a client to
pay or bear the expenses of litigation as it is contrary to public policy.
C. Invalid and not permissible because Atty. Binhi was engaged in unlawful
advertisement when he advertised his services in a newspaper and indicated
thereat that his services were free.
D. Valid and permissible because it is the duty of Atty. Binhi to render free legal
aid to those who cannot afford, and the 30% was merely a success fee in case
the client wins the case.
12.
A champertous contract can be distinguished from a contingent fee

contract in the following, except:
A. A champertous contract is not allowed; while a contingent fee contract is

allowed.
B. In a champertous contract, a lawyer stipulates with his client that in the
handling of the case, he bears ALL the expenses for the recovery of property
being claimed AND client shall pay the lawyer a portion of the property
recovered as compensation; while in a contingent fee contract, a lawyer will be
paid for his legal services ONLY if the case is won, and if case is lost obligation to
pay does not arise.
C. In a champertous contract, a lawyer stipulates with his client that in the
handling of the case, he bears ALL the expenses for the recovery of property
being claimed AND client shall pay the lawyer a portion of the property
recovered as compensation ONLY if the case is won; while in a contingent fee
contract, a lawyer will be paid for his legal services bears the initial expenses and
shall be paid regardless of the outcome of the case.
D. A champertous contract is not dependent on a suspensive condition; while a
contingent fee contract is dependent on a suspensive condition.
13.
Atty. Martin Valero is a former partner at the Valera & Valero Law Offices.
During his tenure with the said firm, one of its clients was Pepsiko Corporation. Atty.
Valero, who is now practicing on his own, entered his appearance as counsel for
Vivico Corporation in a suit between said corporation and Pepsiko Corporation.
In this situation, will Atty. Valero represent conflicting interests?
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A. Yes, because the rule prohibiting appearing for conflicting interests applies to
law firms.
B. Yes, because he used to be a partner at Valera &Valero Law Offices.
C. Yes, because the employment of one member of a law firm is considered as
an employment of the entire law firm and that the employment of the law firm is
equivalent to a retainer of the members thereof.
D. No, as long as Atty. Valero did not handle the affairs of Pepsiko Corporation
personally.
14.
Under Rule 20.01, Canon 20 of the Code of Professional Responsibility (CPR),

which reminds lawyers to be mindful that the law is a noble profession imbued
with public trust and not a trade or business, a lawyer must consider the following
in charging reasonable compensation, except:
A. The probability of losing other employment as a result of acceptance of the

proffered case.
B. The novelty and difficulty of the questions involved.
C. The amount involved in the controversy and the benefits resulting to the client
form the service.
D. The professional standing of the lawyer.
E. None of the above.
15.
Ian Cruz engaged the services of Atty. Diaz to manage his 4-storey
apartment building in Makati. They agreed that Ian Cruz shall pay Atty. Diaz a
monthly retainer fee in the amount of Php 20,000. On several occasions, the
lessees of the apartment building could tender their rental payments to Atty. Diaz.
Under Rule 16.01 of the Code of Professional Responsibility, what should Atty. Diaz
do to the money he received from the lessees?
A. Atty. Diaz should hold in trust all moneys of his client that may come into his
possession.
B. Atty. Diaz should account for all money collected or received for his client.
C. Atty. Diaz should render an accounting of all the amounts he received from
the lessees.
D. Atty. Diaz should do all of the above.
16.
Following the previous question, what should Atty. Diaz do if a creditor of

Cruz went to his office, demanding that he be paid the amount of Php 50,000 as
payment for the loan obligation of Cruz?
A. Atty. Diaz should pay the creditor the amount his client owns since he has in his
custody funds belonging to Cruz.
B. Atty. Diaz should pay the creditor, as long as his client gives his express consent
to the payment.
C. Atty. Diaz should pay the creditor because he is a mere trustee of the funds of
his client, which means that it is his client’s money. Since his client owes the
creditor money, then he is obliged to pay the indebtedness.
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D. Atty. Diaz should not pay the creditor.
17.
Following the previous question, can Atty. Diaz deposit the amounts he
received from the lessees to a bank account?
A. Yes, he can deposit the money in a bank account under his name as long as
it is a separate and distinct account.
B. Yes, he can deposit the money in his personal bank account for safety and
convenience.
C. No, he cannot deposit the amounts he received because that would be
tantamount to conflict of interest.
D. Yes, he can deposit the money in a bank account specifically opened for funds
belonging to his different clients.
18.
In order to be considered a full-fledged lawyer for purposes of the practice

of law, the following requirements must be met, except:
A. Signing in the Roll of Attorneys.

B. Enrolling in an MCLE course.
C. Passing the Bar.
D. Taking your Oath of Office.
19.
Carey, a 3rd year law student frequently studies at Starbucks café along
Session Road in Baguio City. During one of her breaks, Mike, a barista at Starbucks,
approached Carey and sought her advice on legal matters concerning a tract
of land that his father is claiming. In exchange for such advice, Mike gave Carey
free coffee and a slice of cake. Did Carey engage in the practice of law?
A. Yes, Carey engaged in the practice of law because she gave Mike advice
which necessitated the application of legal knowledge.
B. Yes, Carey engaged in the practice of law because there was a lawyer-client
relationship that was created when Mike sought legal advice from Carey, and
the latter applied what she learned as a law student in giving Mike advice.
C. No, Carey did not engage in the practice of law because even if she applied
legal knowledge in giving Mike advice, she did not ask for any compensation
from the latter in exchange for her advice.
D. No, Carey did not engage in the practice of law because what happened
was an isolated instance, in that she did not engage in that kind of activity
habitually.
20.
Following the previous question, other baristas and customers got wind of
Carey’s competence and generosity in handing out legal advice. Over time,
baristas and customers approached her to seek legal advice and assist them in
preparing simple legal documents. In exchange for her assistance, she would be
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given vouchers for movies, gift certificates for massages, or free coffee and
pastries. Did Carey engage in the practice of law?
A. Yes, Carey engaged in the practice of law because her activities which
necessitated the application of the law and legal knowledge.
B. No, Carey did not engage in the practice of law because even if she applied
legal knowledge in giving advice and assistance, she was not compensated
monetarily.
C. Yes, Carey engaged in the practice of law because there was a lawyer-client
relationship that was created when the baristas and customers sought legal
advice from Carey, and the latter applied what she learned as a law student in
giving them advice, in a habitual manner.
D. No, Carey did not engage in the practice of law because she merely shared
what she learned in law school.
21.
In the case of Mercado v. Vitriolo, the Supreme Court laid down the
following essential factors to establish the existence of attorney-client privilege,
except:
A. Legal advice of any kind is sought.

B. The client has paid the lawyer at least a partial down payment for his services;
C. The communications relating to that purpose is made in confidence by the
client.
D. The communications are permanently protected from disclosure by himself or
by the legal advisor unless the protection is waived.
E. Such advice is sought from a professional legal adviser in his capacity as such;
22.
Your services as counsel was engaged for a civil case. At the start of the
engagement, your client made a down payment for your services in the amount
of Php 30,000. During the course of the cross-examination of your client, he
testified on material facts which you later on found out to be untrue. Without his
testimony, you are sure to lose your case. Under the Code of Professional
Responsibility, what is your obligation as a lawyer, if any?
A. I have no obligation whatsoever. I owe my fidelity to my client.

B. I will approach the Presiding Judge and have the testimony of my client
expunged from the records of the case.
C. I will file a Motion to Expunge the testimony of my client, alleging that he lied
as to material facts during his testimony. I will also file a Motion to Withdraw my
appearance as counsel because I can no longer represent him in the said case.
D. I shall talk to my client for him to rectify his lies, but if he fails to rectify the same,
I shall terminate the relationship with him.
23.
Sally Ramos studied BA Economics at Ateneo de Manila University. After

graduating as the class Valedictorian, she was offered a full scholarship to study
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law at Yale University in the United States. After passing the New York State Bar
and a brief stint at Wall Street, she decided to move back to the Philippines to
pursue a law career. In 2019, Ramos file her application to take the Bar
Examinations. Should Ramos be allowed to take the Bar Examinations in the
Philippines considering that she graduated from a foreign law school?
A. No, Ramos should not be allowed to take the Philippine Bar Examinations
because only those who graduated from a law course in the Philippines is allowed
to take it.
B. Yes, Ramos should be allowed to take the Philippine Bar Examinations as long
as she has completed all the 4th year subjects in the Bachelor of Laws academic
program in a law school duly recognized by the Philippine Government.
C. Yes, Ramos should be allowed to take the Philippine Bar Examinations as long
as she has completed all the 4th year subjects in the Bachelor of Laws academic
program in a law school in the Philippines.
D. Yes, Ramos should be allowed to take the Philippine Bar Examinations because
she is a Filipino citizen and has graduated with a Bachelor’s degree from a
Philippine school.
24.
David took and passed the 2015 Bar Examinations. While awaiting his Oath
taking Ceremonies, he worked as one of the Legal Counsels of a mayoralty
candidate. His ID indicated “ATTY.” Before his name, and signed minutes of the
meetings as counsel for his candidate. Mario, the counsel for the rival mayoralty
candidate, filed a Petition for Denial of Admission to the Bar, charging respondent
with unauthorized practice of law, grave misconduct, violation of law, and grave
misrepresentation. David was allowed to take the oath but was not allowed to
sign the roll. Should the Court allow David admission to the Philippine Bar?
A. No, David should not be admitted to the bar because he violated the Lawyer’s
Oath when he falsely used “ATTY.” in his ID and signing as counsel for his
candidate when he knew fully well that he has not yet taken his oath.
B. No, David should not be admitted to the bar because he did not possess the
requisite moral integrity for membership in the legal profession. As such, even if he
passed the bar, he is morally unfit to practice law.
C. Yes, Davis should be admitted to the bar because there is no proof that he
acted in bad faith in using “ATTY.” And in signing as counsel for the candidate.
D. Yes, David should be admitted to the bar because he successfully passed the
bar and was even allowed to take his oath. As such, after he signs in the Roll of
Attorneys, he can practice law.
25.
Pedro was admitted to the bar 1978 and practiced law until 1995, when he
migrated to London. He became a British citizen in 2004. In 2006, by virtue of R.A.
9225, Pedro reacquired Filipino citizenship. The following year, Pedro moved back
to the Philippines to set up his law practice. Pedro filed a Petition to resume his
practice in the Philippines with the Supreme Court, which was granted by the
latter. The legal basis for the Supreme Court’s ruling is:
A. When Pedro, a former Filipino citizen, availed of R.A. 9225, he is no longer

considered as a foreigner.
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B. When Pedro reacquired his citizenship under R.A. 9225, it is as if he never lost his
Filipino citizenship.
C. When Pedro, a former Filipino citizen, availed of R.A. 9225, he is no longer
considered as a foreigner.
D. The ruling of the Supreme Court is erroneous because only Filipino citizens are
allowed to practice law because the loss of Filipino citizenship of Pedro ipso jure
terminated his privilege to practice law in the Philippines.
26.
Following the previous question, the following are conditions that Pedro
needs to comply with in order for him to be allowed to resume his law practice in
the Philippines, except:
A. Payment of professional tax.

B. Completion of at least 36 credit hours of Mandatory Continuing Legal
Education.
C. Updating and full payment of annual membership dues in the IBP.
D. Completion of at least 18 credit hours of Mandatory Continuing Legal
Education.
E. Retaking of the Lawyer’s Oath.
27.
Edgar Arca, who was living separately with his wife Lilia, for some 9 years
was bent on contracting a second marriage. He sought the legal services of Atty.
Palawi for legal advice. Atty. Palawi assured Arca that he can validly contract
the second marriage by signing a document that he would prepare for him and
his estranged wife, Lilia, to sign. The document specifically states that the parties
agree to marry again and that they are waiving their right against each other.
Relying on the validity of the document, Arca remarried.
Atty. Palawi was charged with malpractice and the Court suspended him
for one (1) year. The court relied on the following legal bases, except:
A. The admission of a lawyer to the practice of the law is a privilege rather than a
right.
B. The admission of a lawyer to the practice of law is upon the implied condition
that his continued enjoyment of the privilege is dependent upon his remaining a
fit and safe person to society.
C. When a lawyer appears to be reckless or ignorant of the law, he is deemed
unfit or unsafe to be entrusted with the responsibilities and obligations of a lawyer.
D. A lawyer shall not wittingly or willingly promote or sue any groundless, false, or
unlawful suit.
28.
A paid advertisement appeared in an issue of the Philippine Star read: DO

YOU WANT FREEDOM FROM THE SHACKLES OF MARRIAGE? CALL 0918-FRE-EDOM
It was discovered that the advertisement belonged to Atty. Hayden Belo,

who claimed that he was an expert in handling cases for annulment and can
guarantee court decree within 4-6 months. Similar ads were also published in
Manila Bulletin and the Philippine Daily Inquirer. A case for improper advertising
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and solicitation of his legal services, in violation of Rule 2.03 and Rule 3.01was filed
against Atty. Belo. He was suspended for 1 year. Which of the following statements
hold true in the Court’s ruling?
A. The primary consideration in lawyering is public service.

B. Lawyering is not a money-making venture, and law advocacy is not a capital
that necessarily yields profits.
C. The gaining of livelihood is only a secondary consideration in the legal
profession.
D. All of the above.
29.
Rule 15.02 of Canon 15 of the CPR states that a lawyer shall be bound by
the rule on privileged communication in respect of matters disclosed to him by a
prospective client. The instances when a lawyer may reveal the secrets of his
clients are as follows, except:
A. When authorized by the client after acquainting him of the consequences of

his disclosure.
B. When talking about the case with your spouse because of the spousal privilege
that you share with each other.
C. When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
D. When required by law.
30.
Jane and Jo are members of the staff of Atty. Lino Juan. In one of Atty.
Juan’s interview with his client Lala, Jane was tasked to take down notes. During
the said interview, Lala divulged confidential information to Atty. Juan about tax-
related matters and turned over pertinent documents to the latter. A week later,
Mark Caparas, a BIR investigating officer proceeded to Atty. Juan’s office and
demanded from the latter that he surrender the documents containing highly
confidential information belonging to Lala for purposes of BIR auditing. Under Rule
21.03 of the CPR, can Atty. Juan be compelled by Caparas to surrender the said
documents and/or give information from his files?
A. No, Atty. Juan cannot be compelled to surrender the documents because of

lawyer-client privilege.
B. No, Atty. Juan cannot he compelled to surrender the documents because he
merely holds the documents in trust for his client, Lala.
C. Yes, Atty. Juan should surrender the documents because as an officer of the
court, he is duty efficient administration of justice.
D. No, Atty. Juan cannot be compelled to surrender the documents because a
lawyer shall not, without the written consent of his client, give information from his
files to an outside agency seeking such information for auditing, statistical
bookkeeping, accounting, data processing, or any similar purpose.
31.
Following the previous question, after Atty. Juan’s meeting with Lala, Jane
and Jo went to Mang Inasal for lunch. While waiting for their orders, Jane told Jo
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about what she heard during the said interview, within the hearing distance of
other people. Can Atty. Juan be held administratively liable because of Jane’s
act of divulging such information to Jo within the hearing distance of other
people?
A. Yes, Atty. Juan may be held liable under the Principle of Command
Responsibility.
B. Yes, Atty. Juan may be held liable because he should have adopted measures
to avoid breach of the confidentiality rule since any violation thereof would
subject him to necessary sanction under the Principle of Command Responsibility.
C. No, Atty. Juan is not liable because he was not present during the time Jane
told Jo about the information she heard during Atty. Juan’s meeting with Lala.
D. No, Atty. Juan is not liable because he acted in good faith and relied on the
trust reposed by him upon Jane.
32.
Recovery of attorney’s fees is authorized under the principle of quantum

meruit in the following circumstances, except:
A. When there is no express contract for payment of attorney’s fees.

B. When there is an express contract for payment of attorney’s fees but the
amount stated thereat is too small.
C. If the fees expressed in the contract is unconscionable.
D. If the contract is void due to purely formal matters or defect in the execution.
E. When the parties disregarded the written contract.
33.
Atty. Roy Bacani was appointed as counsel de oficio for Menard Luna, who
was accused of stabbing his live- in partner 29 times. Luna pleaded not guilty, but
thereafter privately admitted to Atty. Bacani that he did commit the crime
charged out of jealous rage. In light of Luna’s admission, what should Atty. Bacani
do?
A. Atty. Bacani should still continue to represent Luna in the proceedings and
ensure that his rights are protected.
B. Atty. Bacani should still continue to represent Luna in the proceedings, but
should not exert effort in having his client acquitted.
C. Atty. Bacani should withdraw his appearance as counsel de oficio for Luna
because Luna actually committed the crime against him.
D. Atty. Bacani should still continue to represent Luna in the proceedings, with the
understanding that Luna will admit in open court that he committed the crime.
34.
Following the previous question, can Atty. Bacani disclose the admission of
Luna to the court?
A. Yes. As an officer of the court who aids in the administration of justice, Atty.
Bacani is duty-bound to disclose Luna’s admission to the court.
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B. Yes. Atty. Bacani owes fidelity to the Constitution, and to the obedience of the
law and legal processes. His nondisclosure of such vital information is prejudicial
to the administration of justice.
C. No. Atty. Bacani is not allowed to reveal secrets imparted to him by his client
or acquired by him during their professional relation unless authorized to do so.
D. No. Atty. Bacani is not allowed to reveal secrets imparted to him by his client
because his client already entered a plea of not guilty.
35.
On her Facebook page, a judge posted a photo posing in a two-piece

skimpy bathing suit while watching the sunset in Bali. An administrative case was
filed against her in relation to such post for being inappropriate. Should the judge
be held administratively liable?
A. No. The judge should not be held liable because she was merely exercising her
freedom of expression.
B. No. The judge should not be held liable because her post was purely personal,
in that she did not commit any infraction in relation to her position as a judge.
C. Yes. The judge should be held liable because her skimpy bathing suit, while not
considered to be inappropriate to ordinary people, is deemed violative of the
standard of propriety expected of a judge, as even the appearance of
impropriety is frowned upon.
D. Yes. The judge should be held liable because her posting on social media of
her skimpy bathing suit while in Bali would give the negative impression to the
public that judges are living luxurious lifestyles.
36.
Following the previous question, would the judge be held administratively

liable if she posts a photograph of her aboard a yacht owned by a suspected
jueteng lord who has a case pending before her court? The suspected jueteng
lord is a longtime friend of the judge’s husband, and the post cannot be accessed
by the public at large as only Facebook contacts can see such post.
A. Yes. As the living embodiment of the law, judges are expected to be impartial
in all their dealings and should not form the impression on the minds of the people
that their decisions can be bought or influenced.
B. No. Since there is no showing that the judge’s closeness to the suspected
jueteng lord would adversely affect the outcome case, or give the latter unfair
advantage, the judge should not be made administratively liable.
C. Yes. The act of the judge of posting a photo on the yacht of a litigant runs
counter to the standards of impartiality expected of her.
D. No. Since only the Facebook contacts the judge can see the post, she cannot
be held administratively liable because her contacts know that her true
personality as being impartial. No harm is thus created by her act of posting the
photograph.
37.
On his Facebook page, a judge shared an article in relation to the

concerted efforts of the Administration to eradicate drug use in the Philippines.
The article used demeaning words to criticize the Administration’s war on drugs,
calling the President a “bully without balls”, “the devil’s gift to the Filipino people”,
13
and “a champion for lawlessness and human rights violations”. Should the judge
be sanctioned?
A. No. The judge was merely sharing an article in line with his Constitutional right
to expression.
B. No. The judge shared the said article in his personal capacity and in no way did
it affect his efficiency as a judge.
C. Yes. The judge must bear in mind the separation of powers between the three
branches of government. The act of the judge in sharing the article violates the
separation of powers.
D. Yes. The judges must bear in mind that what they communicate regardless of
whether it is a personal matter or in his official capacity creates and contributes
to the people’s opinion not just to the judge but to the Judiciary as a whole. An
article directly attacking the Administration creates an impression of partiality on
the part of the judge.
38.
The following are obligations of a lawyer that are embodied in the Lawyer’s
Oath, except;
A. To support the Constitution and obey the laws as well as the legal orders of the
duly constituted authorities therein.
B. To maintain allegiance to the Republic of the Philippines.
C. To deny no man of due process of law for money or malice.
D. To do no falsehood, nor consent to the doing of any in court.
39.
The following are activities that fall within the ambit of “practice of law”
except:
A. Appearing for a client before the Professional Regulation Commission in

relation to a case for the revocation of his medical license.
B. Claiming the retirement benefits of your client from the SSS by virtue of an
authorization letter because she was at the hospital for emergency surgery.
C. Preparation of a Deed of Extrajudicial Settlement of Estate.
D. Acting as a consultant for a Geothermal Power Plant in relation to its
compliance with environmental laws and issuances.
40.
Under R.A. 9225, the purpose of retaking of the Lawyer’s Oath are the
following, except:
A. To remind the lawyer of his duties as a lawyer.

B. To remind the lawyer of his responsibilities as a lawyer and officer of the court.
C. To make sure that the lawyer still knows the Lawyer’s Oath by heart.
D. To renew the lawyer’s pledge to maintain allegiance to the Republic.
41.
Under Rule 7.01 of the CPR, a lawyer shall be answerable for knowingly
making a false statement or suppressing a material fact in connection with his
application for admission to the bar. Pilita did not indicate in her Petition to take
14
the Bar Examinations that she was the accused in a pending case for Estafa,
and such fact was discovered by the Supreme Court before the bar exams,
what would be the effect?
A. Pilita will be conditionally allowed to take the bar exams.

B. Pilita will be denied permission to take the bar exams.
C. Pilita will be barred forever from taking any bar exams.
D. Pilita will be allowed to take the bar exams.
42.
Following the previous question, what if the Supreme Court discovered

such fact after the bar exams was conducted and the results already came out
showing that Pilita passed the examinations, what would be the effect?
A. Pilita will not be allowed to take her oath as a lawyer.

B. Pilita will not become a good lawyer.
C. Pilita will not be allowed to practice law.
D. Pilita will be allowed to take her oath and sign in the Roll of Attorneys.
43.
Following question no. 41, what if the Supreme Court discovered such fact
after Pilita has taken her oath as a lawyer and has signed in the Roll of Attorneys,
what would be the effect?
A. She will be reprimanded by the Supreme Court.

B. She will not be a member of the bar in good standing.
C. Her being a lawyer will be conditional.
D. Her name will be stricken in the Roll of Attorneys.
44.
Trebonian Tabang and Evangeline Leda contracted marriage. It was

solemnized by Judge Jose Tavarro. The parties agreed to keep the marriage
secret until after Tabang had finished his law studies and had taken the bar
examinations. Tabang took the Bar examinations. In his Petition to Take the Bar
Examinations, he declared that he was single. He passed the bar exams. May he
be admitted to the practice of law?
A. Yes, because he passed the Bar Examinations.

B. Yes, because he acted in good faith in declaring his status as single as agreed
upon by Leda and his marriage was void from the beginning.
C. No, because his declaration that he was single constitutes gross
misrepresentation of a material fact made in bad faith.
D. No, because he was dishonest and it is an important qualification to be a
lawyer that he is honest in everything he does.
45.
A criminal information for homicide was filed against Al Argosino, together

with 13 others, for the death by hazing of neophyte Raul Camaligan. Argosino
and his co-accused pleaded guilty to the lesser offense of homicide through
15
reckless imprudence. Less than a month later, Argosino filed a petition to take the
bar exam. He disclosed his criminal conviction. He was allowed and he passed
the bar exams, but was not allowed to take the lawyer's oath of office. May he
be allowed to take the lawyer’s oath and be admitted to the practice of law?
A. No, his participation in the deplorable hazing certainly fell short of the required
standard of good moral character.
B. Yes, he accordingly disclosed his criminal conviction and was allowed to take
the bar examinations.
C. No, he should not have participated in the hazing activity while he was a law
student and should have protected the life of the neophyte.
D. Yes, he should be allowed to take the lawyer’s oath and admitted to the
practice of law because he passed the bar examinations.
46.
The following are acts of misconduct on the part of a lawyer which call for
disciplinary action and makes the lawyer unfit to practice law, except:
A. Knowingly taking part in in a false and simulated transaction

B. Falsifying a Special Power of Attorney and using it to collect money and
converting it to his benefit
C. Giving advice to those seeking relief against unfaithful or neglectful counsel
D. Making it appear that a vendor, long dead, executed a deed of sale in his
favor
47.
In his professional dealings, a lawyer shall not use language which is

abusive, offensive or otherwise improper. The following are instances of
disrespectful language, except:
A. The lawyer’s referral to the Supreme Court as a “civilized, democratic tribunal”

but the innuendo would suggest that it is not and categorizing the Supreme Court
decision as false, erroneous and illegal.
B. A lawyer labelling a judge as “corrupt” in a Motion for Inhibition.
C. A lawyer not calling a decision an “outrage” and “mockery” of the popular
will expressed in the polls.
D. A lawyer calling the award of separation pay as “ill-gotten wealth,” the
administrative body which granted the award as an “unknowing” one, and the
sheriff’s office as a “partner in crime”.
48.
Atty. Laput filed a complaint against Atty. Remotique for unprofessional

and unethical conduct in soliciting cases and intriguing against a fellow lawyer.
Atty. Laput used to handle a case for his client, Mrs. Barrera. Atty. Laput found out
later that Atty. Remontique had filed a written appearance as the new counsel
for Mrs. Barrera. Atty. Laput voluntarily asked the court to be relieved as Mrs.
Barrera’s counsel. Atty. Laput alleged that: (1) Atty. Remontique’s appearances
were unethical and improper; (2) Atty. Remontique made Mrs. Barrera sign
documents and made him appear as a dishonest lawyer and no longer trusted
by his client; and (3) Atty. Remontique entered his appearance without notice to
Atty. Laput. Atty. Remontique answered that when he entered his appearance
Mrs. Barrera had already lost confidence in her lawyer, and Atty. Laput had
16
already withdrawn as counsel. Was Atty. Remotigue guilty of unprofessional and
unethical conduct in soliciting cases?
A. Yes. It is highly unethical for a lawyer to exert efforts to encroach upon the
professional employment of another.
B. Yes. A lawyer shall not steal the other lawyer’s client nor induce the latter to
retain him by a promise of better service.
C. No. When the first lawyer was already dismissed or dispensed with by the
client, the entry of appearance of another lawyer in the case is not
encroachment upon the business of another lawyer
D. No. The new lawyer was not prompted by malice or did not intend to hurt the
first lawyer’s feelings, but purely to safeguard the interest of the client.
49.
Students, members of the AMA Computer College (AMACC) Editorial

Board of the school paper, were expelled by the school as recommended by the
Student Disciplinary tribunal for publishing some objectionable features or articles.
They were found guilty of using indecent language and unauthorized use of
student publication funds. Atty. Camacho, the hired counsel of some expelled
students from the AMA Computer College, filed a complaint against Atty.
Pangulayan for having procured and effected on separate occasions, without
his knowledge, compromise agreements ("Re-Admission Agreements") with some
of the students which, in effect, required them to waive all kinds of claims they
might have had against AMACC, and to terminate all civil, criminal and
administrative proceedings filed against it. Atty. Camacho averred that such an
act of Atty. Pangulayan was unbecoming of any member of the legal profession.
Atty. Pangulayan admits that he only participated in the formulation and
execution of the various Re-Admission agreements complained of and alleges
that the agreements had nothing to do with the civil case but were purely
administrative. Did Atty. Pangulayan negotiate with the other party in violation of
the CPR?
A. Yes. He was aware yet still proceeded to negotiate with the students without
communicating the matter to their lawyer, but since it was an agreement it is not
in violation of the CPR.
B. No. He just assisted in the formulation and execution of the various Re-Admission
agreements to which the students willingly signed.
C. Yes. He should not in any way communicate upon the subject of controversy
with a party represented by counsel, much less should he undertake to negotiate
or compromise the matter with the students, but should deal only with their
counsel.
D. No. The agreements had nothing to do with the civil case but were purely
administrative in nature.
50.
Atty. David and Tan Tek Beng, a non-lawyer, entered into an agreement
whereby Tan Tek Beng will supply clients to Atty. David and in exchange thereof,
Atty. David shall give Tan Tek Beng 50% of the attorney’s fees collected as the
latter’s commission. Atty. David also agreed not to deal with the clients directly.
The agreement went sour due to allegations of double-cross from both sides. Did
Atty. David commit malpractice?
17
A. Yes. Atty. David committed malpractice because he did not directly deal with
the clients himself.
B. No. Atty. David did not commit malpractice because it was a mutual
agreement between them.
C. Yes. Atty. David committed malpractice because he solicited cases for the
purpose of gain through a paid agent.
D. No. Atty. David did not commit malpractice because he rightfully gave 50% of
the attorney’s fees collected as the commission of Tan Tek Beng.
51.
What is the reason for Rule 13.01, Canon 13 of the CPR which provides: "A
lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with judges"?
A. Lawyers should not seek for opportunity to cultivate familiarity with judges. A
lawyer who resorts to such practices of seeking familiarity with judges dishonors
his profession and a judge who consents to them is unworthy of his high office.
B. There is nothing wrong when lawyers seek for opportunity to cultivate familiarity
with judges. A lawyer who resorts to such practices is just being friendly.
C. Lawyers should seek for opportunity to cultivate familiarity with judges. A lawyer
who resorts to such practices of seeking familiarity with judges honors his
profession and a judge who consents to them is worthy of his high office.
D. There is nothing wrong when a lawyer seeks for opportunity to cultivate
familiarity and hospitality with judges. The judge would still decide the case based
on its merits.
52.
The case involving a tokhang victim was already pending before the
Regional Trial Court of Caloocan City. May Atty. Nalaing Unay brook the
interference of Pres. Rodrigo Roa Duterte regarding the matter in relation to the
president’s war on drugs?
A. Yes, the president should know about the incident because it is in compliance
of his directive to eradicate drugs cases and it is the foremost program of the
government – to eradicate drugs use and abuse.
B. No, a lawyer shall not brook or invite interference by another branch or agency
of the government in the normal course of judicial proceedings.
C. Yes, a lawyer may brook or invite interference by another branch or agency
of the government in the normal course of judicial proceedings.
D. No, a lawyer shall not brook or invite interference by another branch or agency
of the government but he should call upon the media to stir up public awareness
regarding the issue.
53.
Atty. Coco Martin got married in 2016. Then he met another younger
woman, Gretchen. They fell in love and started living together. Atty. Martin would
even bring Gretchen along social functions and introduce her as his second wife.
Is such act proper? Choose the letter of the correct answer and justify your
answer.
18
A. No, it violates Rule 7.01 of CPR. Atty. Martin is behaving in a scandalous manner
to the discredit of the legal profession. He is not fit to continue his practice of law.
B. No, it violates Rule 7.01 of CPR. The actuation of Atty. Martin is contrary to good
morals, public policy and applicable laws.
C. No, it violates Rule 7.02 of CPR. The fact that he has a mistress, even if it is his
private life, makes him unfit to continue his practice of law. He should be
disbarred.
D. No, it violates Rule 7.03 of CPR. The fact that he shamelessly flaunts his
mistress embarrasses and discredits the law profession since it is his duty and
obligation to uphold the dignity and integrity of the profession.
54.
The following are examples of disrespectful language, except one.
A. When you address the judge, you say: "Your honor…"

B. Categorizing the Supreme Court decision as patently false, erroneous and
illegal.
C. Description of the attitude of judges as “unjust, hostile, vindictive and
dangerous”.
D. Stating that “justice is blind and also deaf and dumb”.
55.
Canon 8 of the CPR states that "A LAWYER SHALL CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES,
AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL."
Applications of this canon are the following, except one.
A. Observance and practice of courtesy to fellow lawyers.

B. Criticizing and uttering "ay que bobo" in the manner of offering of evidence of
the opposing counsel.
C. Use of temperate language in the pleadings filed.
D. Accommodation of the resetting of the case due to the reason that the
opposing counsel is indisposed.
56.
May a lawyer who has been suspended for six (6) months from the practice
of law notarize documents in the meantime?
A. Yes, he may notarize documents because it would not require him to appear
in Court.
B. No, he is not qualified to notarize documents while he is serving his suspension.
C. Yes, notarization of documents is not categorized as an activity involving
practice of law.
D. No, he is not allowed to notarize documents while he is suspended because
he is not allowed to receive any fee for it while suspended.
57.
Does the MCLE requirement apply at once to a newly-admitted lawyer?
19
A. Yes, if admitted to the Bar and there are four (4) more months remaining of the
compliance period.
B. No, wait for the next compliance period.
C. Yes, if he will start law practice immediately.
D. Yes, if more than one (1) year remains of the compliance period.
58.
What is the purpose of MCLE?
A. To conform with the requirements of international law.

B. To provide a venue to improve fraternal relations among lawyers.
C. To keep abreast with law and jurisprudence and to maintain the ethical
standards of the profession.
D. To supplement legal knowledge due to substandard law schools.
59.
Atty. Jones was appointed as Treasurer by the IBP President with the
approval of the Board of Governors for a term coterminous with that of the
President. A year thereafter, Atty. Jones ran as Punong Barangay of their place,
and took a leave of absence for two (2) weeks to campaign. May Atty. Jones re-
assume as Treasurer after his leave of absence?
A. Yes, since he lost in the election.

B. No, because he was deemed resigned upon filing of his certificate of
candidacy.
C. Yes, because his position as Treasurer is coterminous with the President of the I
BP.
D. No, because he should first seek the approval of the IBP Board of Governors
before running as Punong Barangay.
60.
Atty. Oldie passed the Bar in 1995. After taking his oath, he did not enlist in
any IBP chapter because he went to the USA to pursue a Master's Degree.
Eventually, he passed the state bar and specialized in lmmigration law. In 2015,
he returned to the Philippines and was surprised to know that the IBP is charging
him from 1995 up to the present and threatening him with expulsion if he does not
comply. Is the IBP correct?
A. Atty. Oldie cannot be compelled to pay the IBP dues because he was not
engaged in the practice of law from 1995-2015.
B. Atty. Oldie is exempt from 1995-2015 because he was out of the country.
C. Atty. Oldie should pay the dues from 1995 to the present since membership in
the IBP is mandatory.
D. Atty. Oldie should not pay because the rule on bar integration is
unconstitutional for compelling a lawyer to join an association.
61.
For grave misconduct, Atty. Ramon was suspended from the practice of
law indefinitely. Is she still obliged to pay her IBP dues during her suspension?
A. No need to pay IBP dues because she cannot practice anyway.
20
B. No, because indefinite suspension is practically disbarment.
C. Yes, as she continues to be a lawyer and a member of the IBP.
D. She shall pay only after the lifting of the suspension.
62.
Atty. Marino recently passed the Bar and wanted to specialize in marine
labor law. He gave out calling cards with his name, address and telephone
number in front, and the following words at the back: “We provide legal
assistance to overseas seamen who are repatriated due to accident, illness,
injury, or death. We also offer FINANCIAL ASSISTANCE.” Does this constitute ethical
misconduct?
A. No, clients have freedom in the selection of their counsel.

B. No, use of a professional card is a lawful way of announcing his services as a
professional.
C. Yes, because the offer of financial assistance is an undignified way of luring
clients.
D. Yes, because the offer of assistance is stated at the back.
63.
Under the 2004 Rules on Notarial Practice (A.M. No. 02-08-13-SC), which of
these does not constitute competent evidence of identity?
A. Passport
B. SSS card
C. Community Tax Certificate
D. Senior Citizen Card
64.
Rodrigo has been legally separated from his wife, Elizabeth for fifteen (15)
years. He has found true love and happiness with Honeylet and they lived
together as husband and wife. Honeylet convinced Rodrigo to study law and
gave him financial support. Rodrigo passed the 2019 Bar Examinations. Upon
knowing this, Elizabeth filed a complaint against Rodrigo for immorality. Should
Rodrigo be allowed to take oath as an attorney?
A. Yes, his relationship with Honeylet is imbued with genuine love and cannot be
considered immoral and indecent.
B. Yes, legal separation does not allow the spouses to remarry.
C. No, because legal separation does not dissolve the marriage and, therefore,
Rodrigo's relationship with Honeylet is still considered illicit.
D. Yes, it is totally unfair for Elizabeth to complain since they have lived separate
lives.
65.
Vice-Mayor Pulitipot is a well-loved law practitioner because he assists his

constituents, especially the indigents. Cara, one of his friends who is employed as
Cashier in the City Treasurer’s Office, sought his assistance because she was
charged with Malversation in court. Can Vice-Mayor Pulitipot appear as counsel
of Cara?
21
A. Yes, members of the Sanggunian are allowed to practice their profession.
B. Yes, since the position of Cara does not pertain to the local government.
C. No, because Cara is charged with an offense in relation to her office.
D. No, because all criminal cases are against the government.
66.
The law firm of Luto, Nangan and Innaw had been in existence for almost
25 years and had built up an excellent reputation and a well-heeled clientele.
Last year Atty. Luto died of heart attack but Attys. Nangan and Innaw refused to
drop his name from the firm name. May Attys. Nangan and Innaw insist on
keeping the name of Atty. Luto as part of the firm name?
A. Yes, they may continue to use the name of Atty. Luto in the firm name, provided
that they indicate in all communications that he is deceased. Rule 3.02 of the CPR
provides that the continued use of the name of a deceased partner is permissible
provided that the firm indicates in all communication that the said partner passed
away.
B. Yes, they may continue to use the name of Atty. Luto in the firm name for as
long as they have secured the consent of all his heirs. Rule 3.02 of the CPR allows
the continued use of the name of a deceased partner provided that all the heirs
of the deceased partner consents to it.
C. No, they cannot continue to use the name of Atty. Luto in the firm name
because it is misleading to the court and the public. Rule 3.02 of the CPR states
that the continued use of the name of a deceased partner is no longer allowed
since it misleads the public and the court.
D. No, they should not continue to use the name of Atty. Luto in the firm name
because it is contrary to public policy. Rule 3.02 of the CPR states that the
continued use of the name of a deceased partner is contrary to public policy.
67.
Atty. Pudge was suspended as a member of the Bar for the period of one
year. During the period of suspension, he was allowed by his law firm to continue
working in their office, drafting and preparing pleadings and other legal
documents, but was not allowed to direct contact with firm’s clients. Atty. Pudge
was subsequently sued for unauthorized practice of law. Would the case prosper?
A. Yes, the case against him will prosper. The Supreme Court defined the practice
of law as any activity in or out of court, which requires the application of law, legal
principle, practice or procedure and calls for legal knowledge training and
experience. Based on this definition, the acts of Atty. Pudge in preparing
pleadings and other legal documents, constitute practice of law. Considering
that he is suspended in the meantime, thus, he performed unauthorized practice
of law.
B. No, the case against him will not prosper. The Supreme Court defined the
practice of law as any activity in or out of court, which requires the application of
law, legal principle, practice or procedure and calls for legal knowledge training
and experience. Based on this definition, the acts of Atty. Pudge in preparing
pleadings and other legal documents, constitute practice of law. However, he
was allowed by his law firm to continue working in their office. If at all, his activities
are for the benefit of the law firm. Thus, he cannot be sued for unauthorized
practice of law.
22
C. Yes, the case against him will prosper. The Supreme Court defined the practice
of law as any activity in or out of court, which requires the application of law, legal
principle, practice or procedure and calls for legal knowledge training and
experience. Based on this definition, the acts of Atty. Pudge in preparing
pleadings and other legal documents, constitute practice of law. His suspension
for a period of one year already lapsed. Thus, he performed unauthorized
practice of law.
D. No, the case against him will not prosper. The Supreme Court defined the
practice of law as any activity in or out of court, which requires the application of
law, legal principle, practice or procedure and calls for legal knowledge training
and experience. Based on this definition, the acts of Atty. Pudge in preparing
pleadings and other legal documents, would constitute practice of law.
Considering that he was not allowed direct contact with firm’s clients, he cannot
be sued for unauthorized practice of law.
68.
May a lawyer who has been suspended for six (6) months from the practice
of law notarize documents in the meantime?
A. No, he is not qualified to notarize documents while he is serving his suspension.

B. No, he is not allowed to notarize documents while he is suspended because he
is not allowed to receive any fee for it while suspended.
C. Yes, notarization of documents is not categorized as an activity involving
practice of law.
D. Yes, he may notarize documents because it would not require him to appear
in Court.
69.
A lawyer’s language should be forceful but dignified, emphatic but

respectful as befitting an advocate and in keeping with the dignity of the legal
profession.
A. The statement is correct.

B. The statement is incorrect.
C. The statement should not include “forceful language”.
D. A lawyer’s language should not be forceful and emphatic.
70.
Atty. Medusa was one of the BDO’s valued clients. In recognition of her
loyalty to the bank she was issued a gold credit card with a limit of P1Million. After
five months, Atty. Medusa exceeded her credit limit and refused to pay the
monthly charges as they fall due. Aside from a collection suit, BDO also filed a
disbarment case against Atty. Medusa. In her comment on the disbarment case,
Atty. Medusa insisted that she did not violate the Code of Professional
Responsibility, since her obligation to the bank was personal in nature and had no
relation her being a lawyer. Is she correct?
A. Atty. Medusa is not correct. Rule 7.03, Canon 7 of the Code of Professional
Responsibility provides that a lawyer shall not engage in conduct that adversely
affect her fitness to practice law, nor shall she, whether in public or private life,
23
behave in a scandalous manner to discredit the legal profession. Her refusal to
pay the monthly charges as they fall due is a flagrant defilement of her obligation
to the bank and considering that she is a lawyer, such act discredits the legal
profession.
B. Atty. Medusa is not correct. Rule 7.03, Canon 7 of the Code of Professional
behave in a scandalous manner to discredit the legal profession. She is bound to
pay her debts. It is shameful not being able to pay her credit card debts when
they fall due.
C. Atty. Medusa is correct. Rule 7.03, Canon 7 of the Code of Professional
behave in a scandalous manner to discredit the legal profession. The rule has no
application in this case. Her obligation to the bank was personal in nature and
had no relation her being a lawyer.
D. Atty. Medusa is correct. Rule 7.03, Canon 7 of the Code of Professional
Responsibility is not applicable in this case. It is a simple bank and client case
which has nothing to do with her being a lawyer.
71.
Atty. Mucho Dinero, an amiable, sociable lawyer, owns a share in Baguio

Country Club. He relishes hosting parties for government officials and members of
the bench. One day, he had a chance meeting with a judge in the said golf
course. The two readily got along well and had since been regularly playing golf
together. If Atty. Mucho Dinero does not discuss cases with members of the bench
during parties and golf games, is he violating the Code of Professional
Responsibility?
A. Yes. Atty. Mucho Dinero is violating the rule which states that “A lawyer shall
not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges. Moreover, he should refrain from any
impropriety which gives the appearance of influencing the court.” His being
friendly and generous are not wrong because he is de-stressing with the judge
and boosts his good reputation as a private practicing lawyer.
B. Yes. Atty. Mucho Dinero is violating the rule which states that “A lawyer shall not
extend extraordinary attention or hospitality to, nor seek opportunity for
impropriety which gives the appearance of influencing the court.” In regularly
playing golf with the judges, Atty. Mucho Dinero will certainly raise the suspicion
that they discuss cases during the game, although they actually do not.
C. No. Atty. Mucho Dinero is not violating the rule which states that “A lawyer shall
not extend extraordinary attention or hospitality to, nor seek opportunity for
impropriety which gives the appearance of influencing the court.” The truth shall
prevail that they do not actually discuss cases during the game.
D. Atty. Mucho Dinero is not violating the rule which states that “A lawyer shall not
extend extraordinary attention or hospitality to, nor seek opportunity for
impropriety which gives the appearance of influencing the court.” Atty. Mucho
Dinero was just being generous and friendly. Such acts will not raise any suspicion
that they discuss cases during the game.
24
72.
Atty. Monica Santos-Cruz registered the firm name Santos-Cruz Law Firm at
the DTI as a single proprietorship. In her stationery, she printed the name of her
husband and a friend who were both non-lawyers as her senior partners in light of
their investments in the firm. She allowed her husband to give out calling cards
bearing his name as senior partner of the firm and to appear in courts to move for
postponements. Did Atty. Santos-Cruz violate the Code of Professional
Responsibility?
A. Yes, she did. A lawyer who allows a non-member of the bar to misrepresent
himself as a lawyer and to practice law is guilty of violating Canon 9 of the Code
of Professional Responsibility which provides as follows: “A lawyer shall not, directly
or indirectly, assist in the unauthorized practice of law.” Her husband and her
friend should not be allowed to practice law.
B. Yes, she did. A lawyer who allows a non-member of the bar to misrepresent
himself as a lawyer and to practice law is guilty of violating Canon 9 of the Code
of Professional Responsibility which provides as follows: “A lawyer shall not, directly
or indirectly, assist in the unauthorized practice of law.” Her non-lawyer husband
and non-lawyer friend should not be giving out calling cards bearing their names
as senior partners of the firm and appearing in courts to move for postponements.
She is directly assisting in the unauthorized practice of law.
C. No, she did not violate the rule which provides: “A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of law.” She just printed the name of
her husband and a friend in the firm’s stationary in light of their investments in the
firm. Moreover, postponements can be made by non-lawyers in court.
D. No, she did not. A lawyer who allows a non-member of the bar to misrepresent
himself as a lawyer and to practice law is not guilty of violating Canon 9 of the
Code of Professional Responsibility which provides as follows: “A lawyer shall not,
directly or indirectly, assist in the unauthorized practice of law.” This is so because
the acts of her non-lawyer husband and non-lawyer friend are justifiable.
73.
Which of the following matters is the lawyer proscribed from testifying as a

witness in a case he is handling for a client?
A. On the mailing of documents.
B. On the theory of the case.
C. On authentication or custody of any instrument.
D. On substantial matters in cases where his testimony is essential to the ends of
justice.
74.
Upon learning that Wally passed the bar examinations, Miss Sweet
immediately lodged a complaint with the Supreme Court praying Wally be
disallowed from taking the oath as a member of the Philippine Bar because he
was maintaining illicit relationship with several women other than his lawfully
wedded spouse. Wally, however, succeeded to take his oath as a lawyer. Later,
when asked to comment on the complaint filed by Miss Sweet, Wally moved for
the dismissal of the case on the ground of it being moot and academic. Should
Miss Sweet’s complaint be dismissed or not?
A. It should be dismissed. Her charge is already moot and academic. Wally has
already taken his oath as a member of the Philippine Bar.
25
B. It should not be dismissed. Her charge involves a matter of good moral
character which is not only a requisite in the admission to the Bar, but also a
continuing condition for remaining a member to the Bar. As such, admission of
Wally to the Bar does not make the complaint moot and academic.
C. It should be dismissed. Although her charge involves a matter of good moral
character which is not only a requisite in the admission to the Bar, but also a
continuing condition for remaining a member to the Bar, the admission of Wally
to the Bar already makes it moot and academic.
D. It should not be dismissed. Her charge involves the fitness and moral uprightness
of members of the Bar, of which Wally does not possess. But considering that Wally
has already taken his oath as a member of the Philippine Bar, it might be taken
as moot and academic.
75.
Which of the following statements best describes the distinct traditional

dignity that the legal profession enjoys over other professions?
A. People are quite dependent on lawyers for their skills in getting them out of
trouble with the law.
B. Its members strive to maintain honesty even in their private dealings.
C. Its members earn by charging specified emoluments or fees.
D. The profession is anchored on a fiduciary relation with the client.
76.
Daenerys sought Atty. Arya's disbarment for notarizing a deed of sale

knowing that four of the sellers were dead. Atty. Arya admitted that she notarized
the deed of sale but only after her client assured her that the signatures of the
others were authentic. Later, Daenerys moved to have the complaint be
dismissed on the ground that it was filed because of a misunderstanding which
had already been clarified. This prompted the IBP to recommend the dismissal of
the complaint. Can the dismissal be allowed?
A. No, unless the complainant executes an affidavit of desistance.

B. Yes, since no compelling reason remained to continue with it.
C. Yes, but recall Atty. Arya's notarial commission since the charge against her
seems meritorious.
D. No, given Atty. Arya’s admission that she notarized the document when some
signatories were absent.
77.
When will Atty. Lou's notarial commission expire if she applied for and was
given such commission on 12 November 2019?
A. 11 November 2020.
B. 11 November 2021.
C. 31 December 2019.
D. 31 December 2020.
78.
Jung and Seri who were involved in a road accident sued Jo, the driver of
the other car, for damages. Atty. Dan represented only Jung but he called Seri to
26
testify for his client. During direct examination, Seri claimed that her injuries were
serious when Atty. Dan knew that they were not. Still, Atty. Dan did not contest
such claim. Jo later sued Seri for giving false testimony since her own doctor’s
report contradicted it. He also sued Atty. Dan for foisting a false testimony in court.
Is Atty. Dan liable?
A. No, because he did not knowingly arrange for Seri to lie in court.
B. Yes, because he did not advise his client to settle the case amicably.
C. No, because Seri did not permit him to reveal the falsity to the court.
D. Yes, because he knowingly let Seri's false testimony pass for truth.
79.
A difficult client directed his counsel to bring up to the Supreme Court the
trial court’s dismissal of their action. Counsel believes that the trial court acted
correctly and that an appeal would be futile. Which of the following options
should counsel take?
A. Elevate the case to the Supreme Court as directed by client.

B. Engage a collaborating counsel who can assist in the case.
C. Submit a new retainer proposal to the client for a higher fee.
D. Withdraw from the case to temper the client’s propensity to litigate.
80.
Counsel for Philex Mining Corporation appealed a decision of the Bureau

of Mines, which was adverse to his client, to the Department of Environment and
Natural Resources (DENR) Secretary. At about the same time, he filed a special
civil action of certiorari with the Court of Appeals for the annulment of the same
decision. Did counsel commit any ethical impropriety in his actions?
A. Yes, since he was evidently forum shopping, a condemnable practice.

B. Yes, since the action he filed with the Court of Appeals was barred by the
pendency of a similar action before the DENR Secretary.
C. No, since his appeal to the DENR Secretary was administrative, not judicial.
D. No, since he has to exhaust all available remedies to serve his client’s interest.
-------end of Part I-------
27
PART II. ESSAY
Your answers should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical conclusion.
Always support your answer with the pertinent laws, rules, and/or jurisprudence.
I.
On December 08, 1997, Damien Santos, a student of the UP college of Public

Administration, was killed during a rumble that ensued inside the UP Diliman
campus. Two student suspects were accosted and detained at the office of the
head of the UP campus police. Atty. Dizon of the Special Operations Group of the
NBI requested to take them into custody, but Atty. Lambino of the UP Legal Office
advised against it, as there was no warrant of arrest issued against the two student
suspects.
Atty. Dizon filed a case before the IBP against Atty. Lambino for violation of
Canon 1, Rule 1.1 to 1.3 of the CPR. Atty. Lambino filed a counter-charge, alleging
that Atty. Dizon violated of Canon 1, Rules 1.01 to 1.03, Canon 6, Rules 6.01, and
6.02; and Canon 8, Rule 8.01.
A. Rule on the case filed by Atty. Dizon against Atty. Lambino (2.5 points)
B. Rule on the case filed by Atty. Lambino against Atty. Dizon (2.5 points)
II.
You are a new 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 as her commission
one-fourth of your earnings in notarizing the said affidavits.
Will you agree to the arrangement? Explain. (2.5 points)
III.
Sometime in July 2014, Atty. Rivas received from his friend Jaime Tan several
units of the latest Apple Iphone model, with a total stated value of Php 198,000.00,
for sale on a commission basis, with the condition that Atty. Rivas would turn over
the sales proceeds and return the unsold items to Tan on or before the end of
October 2014. When October came, instead of returning the unsold Iphone units
which then amounted to approximately Php 78,000.00, he issued three checks.
Upon presentment to the bank, Atty. Rivas’ checks were dishonored. Tan filed a
case of violation of BP 22 against Atty. Rivas for which the trial court convicted
him. His conviction was adopted by the RTC. On appeal, the CA suspended Atty.
Rivas, claiming that the crime of BP 22 is one that involves moral turpitude. Atty.
Rivas filed a Motion to Lift Suspension, claiming that when he issued the checks,
there was no intention on his part to do any harm.
Was the suspension of Atty. Rivas valid? Explain. (2.5 points)
28
IV.
Atty. Hans was suspended in the practice of law due to some unethical
acts. He worked for a law firm owned by one of his friends. Atty. Hans notarized
documents, appeared as collaborating counsel in court hearings, signed the
pleadings of his associates, rendered legal opinions and participated in legal
consultations with government agencies. Since she has so many cases to handle,
Atty. Elsa assigned a case to Atty. Hans, believing he can handle such easy case.
Did Atty. Elsa violate any rule? Explain your answer. (2.5 points)
V.
Atty. Tanders, 80 years old, insists that he should be exempt from paying IBP
dues and compliance with the Mandatory Continuing Legal Education (MCLE)
requirement. He argues he is a senior citizen and semi-retired from the practice of
law. Therefore, he should be exempt from paying IBP dues and compliance with
the MCLE.
Is he correct? Support your answer. (2.5 points)
VI.
In the case of People vs. Madera, Andres and Cruz, a Murder case against
Elino Bana, Prosecutor Pixcal recommended for the dismissal of the case against
accused Totoy Andres and Gino Cruz. He knew based on the prosecution
evidence that these two accused were standing behind Mundong Madera when
the latter fired shots at Elino Bana. Prosecutor Pixcal did not make them liable for
what Madera did, there being no proof whatsoever of any conspiracy among
the three accused. They were not armed. They did nothing to help Madera. Their
mere passive presence at the scene of the crime did not make them liable either
as co-principals or accomplices.
Is the recommendation of Prosecutor Pixcal proper? Explain your answer.

(2.5 points)
VII.
A case was filed by Judge Pablo and Judge Layug for alleged failure and
neglect of Judge Roque to perform the solemnization of marriage of applicants
after their requests had been raffled to him. The complainants alleged that Judge
Roque was either absent or unavailable due to high blood pressure, flu, loose
bowel movement, or fever, and that such absences were not covered by
applications for leave. They further averred that his alleged failure to solemnize
the marriages raffled to him constitutes "shirking from judicial duty”.
Should Judge Roque be held liable for “shirking from judicial duty”? Explain.
(2.5 points)
-----------nothing follows------------
29

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SAINT LOUIS UNIVERSITY

Member • Association of Southeast Asian Institutions of Higher Learning (ASAIHL)

ATTY. SHELLAH YZANNE D. MERCED JERICO G. GAY-YA, JD, LLM.

A. Receiving a traffic violation ticket in a hearing out of town and refusing to

May a lawyer who holds a government position be disciplined as a member

Following the previous question, may Atty. Lara withdraw as counsel at

The following are lawyer-public officials who are strictly prohibited to

A. Chief Justice Diosdado Peralta, being a member of the Supreme Court.

A. Valid and permissible because by signing the contract, they undertook to be

A champertous contract can be distinguished from a contingent fee

A. A champertous contract is not allowed; while a contingent fee contract is

Under Rule 20.01, Canon 20 of the Code of Professional Responsibility (CPR),

A. The probability of losing other employment as a result of acceptance of the

Following the previous question, what should Atty. Diaz do if a creditor of

In order to be considered a full-fledged lawyer for purposes of the practice

A. Signing in the Roll of Attorneys.

A. Legal advice of any kind is sought.

A. I have no obligation whatsoever. I owe my fidelity to my client.

Sally Ramos studied BA Economics at Ateneo de Manila University. After

A. When Pedro, a former Filipino citizen, availed of R.A. 9225, he is no longer

A. Payment of professional tax.

A paid advertisement appeared in an issue of the Philippine Star read: DO

It was discovered that the advertisement belonged to Atty. Hayden Belo,

A. The primary consideration in lawyering is public service.

A. When authorized by the client after acquainting him of the consequences of

A. No, Atty. Juan cannot be compelled to surrender the documents because of

Recovery of attorney’s fees is authorized under the principle of quantum

A. When there is no express contract for payment of attorney’s fees.

On her Facebook page, a judge posted a photo posing in a two-piece

Following the previous question, would the judge be held administratively

On his Facebook page, a judge shared an article in relation to the

A. Appearing for a client before the Professional Regulation Commission in

A. To remind the lawyer of his duties as a lawyer.

A. Pilita will be conditionally allowed to take the bar exams.

Following the previous question, what if the Supreme Court discovered

A. Pilita will not be allowed to take her oath as a lawyer.

A. She will be reprimanded by the Supreme Court.

Trebonian Tabang and Evangeline Leda contracted marriage. It was

A. Yes, because he passed the Bar Examinations.

A criminal information for homicide was filed against Al Argosino, together

A. Knowingly taking part in in a false and simulated transaction

In his professional dealings, a lawyer shall not use language which is

A. The lawyer’s referral to the Supreme Court as a “civilized, democratic tribunal”

Atty. Laput filed a complaint against Atty. Remotique for unprofessional

Students, members of the AMA Computer College (AMACC) Editorial

The following are examples of disrespectful language, except one.

A. When you address the judge, you say: "Your honor…"

A. Observance and practice of courtesy to fellow lawyers.

Does the MCLE requirement apply at once to a newly-admitted lawyer?

What is the purpose of MCLE?

A. To conform with the requirements of international law.

A. Yes, since he lost in the election.

A. No need to pay IBP dues because she cannot practice anyway.

A. No, clients have freedom in the selection of their counsel.

Vice-Mayor Pulitipot is a well-loved law practitioner because he assists his

A. No, he is not qualified to notarize documents while he is serving his suspension.

A lawyer’s language should be forceful but dignified, emphatic but

A. The statement is correct.

Atty. Mucho Dinero, an amiable, sociable lawyer, owns a share in Baguio

Which of the following matters is the lawyer proscribed from testifying as a

Which of the following statements best describes the distinct traditional

Daenerys sought Atty. Arya's disbarment for notarizing a deed of sale

A. No, unless the complainant executes an affidavit of desistance.

A. Elevate the case to the Supreme Court as directed by client.