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c. The right of a lawyer who is discharged or withdrawn to keep the records and property of the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

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. 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. (Canon 8, Rule 8.02)
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. (Canon 8, Rule 8.02)
c. No. Such act is absolutely prohibited under the Code of Professional Conduct.
d. 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.

ESSAY

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

Suggested Answer:
The proposition that, “What is legal is moral” is incorrect. Rather the correct proposition is Non omne
quod licet honestum est (Not everything legal is normal).

This is so, because lawyers are guided by the moral strict interpretation of ethical standards in the
conduct of their day to day conduct, whether in the practice of their profession or outside of it.

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.

Suggested Answer:
To constitute practice of law, the individual must customarily or habitually hold himself out to the
public as a lawyer and demands compensation for the following services:
a. Giving advice or rendering any kind of service that involves legal knowledge. This may include
rendering an opinion as proper in the interpretation of statutes.
b. Appearance in court and conduct of cases in court.
c. Preparation of pleadings and other papers incident to actions and special proceedings as well
as the drawing of deeds and other instruments of conveyancing. (People vs. Villanueva, 121 Phil.
897)

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.

Suggested Answer:
It is not improper solicitation because it is the duty and obligation of the IBP Chapter to set up a legal
aid office. Furthermore, there is no solicitation because there is no showing that a specific lawyer is
benefiting from the adverstisement.

Question 4:
Distinguish Barratry from ambulance chasing.

Suggested Answer:
a. Barratry which is more general in scope, is the act of formenting suits and legal strifes among
persons. This, barratry refers to any action while ambulance chasing refers to personal injury
cases.
b. Barratry may refer to suits before judicial or non-judicial bodies, while ambulance chasing
refers to cases brought before judicial fora.

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
Japanese lawyer file a brief and appendix authorities to be appended to that to be submitted by the local
attorney of record prosecuting the case in the RTC Cebu City. Reason out your answer.

Suggested Answer:
No. Only members of the Philippine Bar may practice law in the Philippines. The Chinese lawyer is not
a member of the Philippine Bar, he could not practice law in the Philippines. The Chinese lawyer
would be considered in the practice of law when he files a brief and appendix of authorities (legal
documents), before a local even if it is merely an isolated act because the Japanese lawyer would be
collecting compensation for his services.

Alternative Answer:
With the court’s permission, the Chinese lawyer may be allowed to make the submission on a pro hac
vice (one time) basis.

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 conduct any actual trial or litigation work. Does he possess the necessary
qualifications of a RTC judge?

Suggested Answer:
There is no requirement that a candidate for the position of a RTC judge should have actual trial or
litigation work. Assuming that Atty. You has the other qualification such as being a:
a. Natural born citizen of the Philippines; and
b. At least 35 years of age, his more than 20-year stint as a lawyer meets the requisite for at
least 10 years in the practice of law
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.

Suggested Answer:
Yes. He should be dismissed.

What respondent did, or omitted to do, was a calculated deception committed not only against the
Court but against the public as well, clearly indicative of his lack of moral rectitude to sit as
magistrate, and sufficiently repulsive that it detracts from public confidence in the integrity of the
judiciary. (OCA vs. Judge Estacion Jr.,A.M. No. RTJ-87-104 August 23, 1995)

It behooves every prospective appointee to the judiciary to apprise the appointing authority of every
matter bearing on his fitness for judicial office, including such circumstances as may reflect on his
integrity and probity. These are qualifications specifically required of appointees to the judiciary by
Article VII, Sec. 7(3) of the Constitution.” (ibid) the fact alone of his concealment of his dismissal as
Assistant City Prosecutor for gross misconduct ic clear proof of his lack of the said qualifications and
renders him unworthy to sit 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. Liz
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.

Suggested Answer:

Atty. Loonyo should be disbarred.

“The members of the legal profession must conform to the highest standards of morality because the
Code of Professional Responsibility mandated them so, to wit:

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor should he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.

There is no question that a married person's abandonment of his or her spouse in order to live and
cohabit with another constitutes immorality. The offense may even be criminal- either as concubinage
or as adultery. Immoral conduct, or immorality, is that which is so willful, flagrant, or shameless as to
show indifference to the opinion of good and respectable members of the community. As a basis of
disciplinary action, such immoral conduct,or immorality must be so corrupt as to virtually constitute
a criminal act or so unprincipled as to be reprehensible to a high degree or committed under such
scandalous or revolting circumstances as to shock the common sense of decency. That the illicit
partner is himself or herself married compounds the immorality.”

"His leaving his wife and family to cohabit with his married mistress definitely transgressed the
clearly-defined bounds of decency and morality. His transgression inflicted on his wife and children a
lot of suffering, including depression, as borne out by one child's attempt at suicide out of despair for
what he had caused to their family. These circumstances were more than sufficient to establish the
charge of gross immorality." (Ceniza vs. Ceniza, Jr., A.C. No. 8335. April 10, 2019)

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?

Suggested Answer:
The defense attorney violated his duty to the court. “A lawyer shall not do any falsehood , nor consent
to the doing of any in court, nor shall he mislead, or allow the court to be mislead by any artifice.”
(CPR, Canon 10, Rule 10.01)

The public prosecutor violated his duty to a brother-lawyer. “A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or otherwise improper.” (Ibid., Canon 8, Rule 8.01)

Question 10
Write the Lawyer’s Oath.

Suggested Answer:
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support
the Constitution and obey the laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose
upon myself these voluntary obligations without any mental reservation or purpose of evasion. So
help me God.