Legal Ethics Questionnaire

The goal is to answer it like that of a number 1 Bar Top Notcher

Criteria for judging

Criteria for judging

1. English writing skills

2. Sorting out(to group, classify) the relevant facts

3. Identifying the issue or issues

4. Organizing his thoughts

5. Constructing his arguments

6. Persuading his reader to support his cause

 Usage of vibrant words on an 1. Obvious statement; 2. To explain a simple answer; 3. To show

respect to the Court if they are wrong; 4. To trick an opponent; 5. Win an argument; 6. Make the
examiner support my desired result.
Must: At least four vibrant words in each answer.
 Writing the necessary sentences to bring the reader to the actual scenario as if they are in the
actual situation. It is about mastery of writing it where the readers can always get the mental
picture.
 Time management on bringing down the birds of thought as it pass by.
 Right answer such as the source and the brief format.

Original bases of Legal Ethics

A. 1987 Philippine Constitution

B. Rules of Court 18%
C. Code of Professional Responsibility 37%
D. Canons of Professional Ethics
E. Jurisprudence
F. Special Law
G. Moral Law (This needs to be more specific and ready to use)
H. Lawyer’s oath
I. Commission on Bar Discipline (CBD) Rules of Procedure 2003 – govern proceedings for
disbarment, suspension or discipline of attorney’s

How to use legal basis in legal ethics

1. Respondent had violated Canon 18, Rules 18.03 and 18.04 of the Code of Professional
Responsibility
2. This transgression runs afoul of Rule 1.01, Canon 1 of the Code of Professional
Responsibility which provides that “a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.”
Not yet covered

o Non-compliance with the Mandatory Continuing Legal Education

o Reinstatement
o Judge invitation of immoral conduct to the public
o Sub judice Rule/FB post
o Prescription of filing a disbarment or administrative case against a lawyer
o Disbarment because of acts outside the Philippine jurisdiction

3. Conflict of Interest

 P was dismissed by his former employer, Company X, for allegedly misappropriating company
funds entrusted to him. P alleged that there was no proof to substantiate the same; hence, his
dismissal was invalid.

Aggrieved, P engaged the services of ABCDE Law Office to represent him in an illegal dismissal
case against Company X. Atty. A, a partner of the said law firm, was assigned to handle P's case.
Eventually, the illegal dismissal case was terminated upon settlement by all parties, and thus, P's
engagement with ABCDE Law Office ceased.

Two (2) years after, a criminal case for Qualified Theft was filed by Company X against P based
on the same events which led to his dismissal. To his surprise, P found out that Company X was
being represented by ABCDE Law Office in the criminal case. Decrying a violation of the rule on
conflict of interest, P filed an administrative complaint against Attys. A, B, C, D, and E, the
partners of ABCDE Law Office.

(a) Was the rule on conflict of interest violated in this case? Explain. (3%)

(b) Is the prior termination of P's engagement with ABCDE Law Office a valid defense to the
administrative charge against Attys. A, B, C, D, and E? Explain. (2.5%)

(c) May Attys. B, C, D, and E be held administratively liable for violating the rule on conflict of interest
despite the fact that it was only Atty. A, the handling lawyer, who had knowledge of P's engagement as a
client? Explain. (2.5%)

 In a complaint for disbarment, Connie alleged that she engaged the services of Atty. Cesar
Corpuz in the preparation and execution in her favor of a Deed of Sale over a parcel of land from
her common-law husband. Subsequently, Atty. Corpuz filed a civil case on behalf of Constancia,
the legal wife of Connie's common-law husband, for the annulment of the Deed of Sale,
impleading Connie as defendant.

In his defense, Atty. Corpuz asserted that, with the permission of Constancia, he wrote a letter to Connie
informing the latter of Constancia's adverse claim and urging her to settle the same, but Connie ignored
his letter. He also said that Connie did not object to his handling of the case on behalf of Constancia;
therefore, he felt free to file the complaint against her.

Is Atty. Corpuz guilty of misconduct for representing conflicting interests? (5%)

4. Advertisement of talent

A lawyer advertised in the newspaper the following:

"Expert in annulment of marriage. Fast and sure. Consult anytime."

Is the advertisement proper? Explain. (2.5%)

5. Without a complainant
Atty. U was being investigated by the Integrated Bar of the Philippines regarding a complaint for
immorality filed by his wife, Y. Pending resolution of the case, complainant Y filed an affidavit of
desistance and withdrawal of the complaint on the ground that she mistakenly filed the
complaint out of jealousy.

What is the effect of Y's filing of an affidavit of desistance and the withdrawal of her complaint in the
administrative case against Atty. U? Explain. (2.5%)

6. Transaction with client’s property

The Cultural Heritage Association of Manila filed an injunction case to stop the construction of a
40-storey condominium building owned by XYZ Corp., a well-known real estate developer.
Eventually, the injunction case was dismissed with finality by Judge T, and an entry of judgment
was issued. Two (2) years later, Judge T bought condominium units in the same 40-storey
building owned by XYZ Corp.

Did Judge T commit an act of impropriety? Explain. (3%)

7. Non-compliance with the Mandatory Continuing Legal Education

Every new lawyer must be acquainted with the consequences of noncompliance with the
essential obligations attendant to the legal profession. Among these obligations are compliance
with the requirements on Mandatory Continuing Legal Education (MCLE), and payment of
Integrated Bar of the Philippines (IBP) dues.

(a) What are the consequences of non-compliance with the requirements on MCLE? (2.5%)

(b) What are the consequences of non-payment of IBP dues? (2.5%)

8. Delegation to secretary
 Atty. B is a newly admitted member of the Philippine Bar. As a means to manage his heavy case load,
Atty. B delegated the preparation and signing of all motions for extension of time to his secretary,
Ms. D. On the signature page of every motion, the following would appear:

"Ms. D for B Law Office"

X, one of Atty. B's clients, expressed concern over such practice. Atty. B reassured him that the same
is completely permissible as lawyers are allowed to devise means to efficiently manage their
workload. Besides, Ms. D is acting under his full knowledge and authority.

Does the practice of Atty. B of having his motions for extension of time signed by Ms. D constitute
any violation of the Code of Professional Responsibility? Explain. (2.5%)

9. Reinstatement

Mr. O was disbarred from the practice of law in 2009 for gross immorality. Ten (10) years later, at
age 58, he asked for judicial clemency and filed a petition for his reinstatement in the Roll of
Attorneys. Mr. O had asked forgiveness from his children and maintained a cordial relationship with
his complainant wife. He also submitted a certification from the parish priest and members of the
Integrated Bar of the Philippines chapter to which he belongs of his civic mindedness and good
moral character.

Based on the guidelines for the reinstatement of a disbarred lawyer, may Mr. O be reinstated as a
member of the Bar? Explain. (2.5%)

10. Lawyer’s Oath

The Lawyer's Oath is a source of any lawyer's obligations and its violation is a ground for the lawyer's
suspension, disbarment, or other disciplinary action.

Without stating your name and other circumstances that will identify you, substantially write down
the Lawyer's Oath that a person who has passed the bar examinations is required to take and
subscribe to before the Supreme Court. (5%)

11. Judge qualification requisites/Practice of Law

Atty. Cornelio Carbon, 36 years of age, had always dreamed of becoming a judge, and eventually, a
justice, but his legal career took a different turn. Upon graduation, he joined a government-owned
financial institution where he worked in the Loans and Claims Division. He also taught Negotiable
Instruments Law in a nearby law school at night. He has been active in his IBP Chapter and other law
organizations. However, in his 12 years of practice, he has never done trial or litigation work.

(a) Is Atty. Carbon engaged in the "practice of law"? (2.5%)

(b) Is Atty. Carbon qualified to become a Regional Trial Court Judge? (2.5%)

12. Proper grounds and process of withdrawal of a counsel

Mrs. Conchita Conchu engaged the services of Atty. Carlo Colorado to act as private prosecutor to
handle a criminal case against persons suspected of slaying her husband. Atty. Colorado performed his
duties - he interviewed witnesses to build up his case and religiously attended hearings. However, he
failed to attend one hearing (allegedly because he did not receive a notice) in which the court, over Mrs.
Conchu's objections, granted bail to all the accused. Mrs. Conchu belligerently confronted Atty. Colorado
about his absence. Stung by Mrs. Conchu's words, Atty. Colorado filed with the court a "Motion to
Withdraw as Counsel". The motion did not bear the consent of Mrs. Conchu, as in fact, Mrs. Conchu
refused to sign her conformity to Atty. Colorado's withdrawal. Meanwhile, the hearing in the criminal
case continued, but Atty. Colorado no longer appeared at the hearings nor did he contact Mrs. Conchu.
Mrs. Conchu then filed a complaint seeking disciplinary sanctions against Atty. Colorado. Atty. Colorado
cited "loss of confidence" and "serious differences" with the client as his reasons for withdrawing his
services unilaterally.

Can Atty. Colorado be sanctioned for his actions? (2.5%)

13. Judge invitation of immoral conduct to the public

Judge Celso Camarin posted in the bulletin board of his sala for two weeks, an advertisement which
says: "Wanted attractive waitresses, personable waiters and cooks who may be interested in applying
for employment in my family's restaurant business. Interested applicants may submit applications to
Branch XXX, RTC of Camarines Sur." The screening of some applicants was also conducted in the Judge's
office.

What provisions, if any, of the Code of Judicial Conduct did Judge Camarin violate? (2.5%)

14. Multiple marriage

Carlos contracted two marriages: the first was with Consuelo, whom he left in the province, and the
second was with Corinne in Manila, with whom he had six (6) children. Both women were unaware of
Carlo's marriage to the other.

When Carlos entered law school, he met Cristina, a classmate, to whom he confided his marital status.
Not long after, Carlos and Cristina became involved in an extramarital affair, as a result of which Carlos
left Corinne and their children. During Carlos and Cristina's senior year in law school, Consuelo passed
away. After their admission to the bar, Atty. Carlos and Atty. Cristina decided to get married in Hong
Kong in a very private ceremony. When Corinne learned of Carlos and Cristina's wedding in Hong Kong,
she filed a disbarment case against Atty. Carlos and Atty. Cristina on the ground of gross immorality.
Atty. Carlos and Atty. Cristina raised the following defenses:

a) the acts complained of took place before they were admitted to the bar; and

b) Atty. Carlos' marriage to Corinne was void ab initio due to his subsisting first marriage with Consuelo,
and they were free to marry after Consuelo died.

Rule on each defense. (2.5% each)

15. Disbarment because of acts outside the Philippine jurisdiction

Atty. Claire Cortez, a member of the Philippine Bar who was also admitted to the New York Bar, was
disbarred from the practice of law in New York for violation of Anti-Money Laundering laws of that
State. She returned to the Philippines in order to resume her Philippine law practice.
Can she also be disbarred from practicing law in the Philippines for the same infraction committed in the
foreign jurisdiction? (5%)

16. Prescription of filing a disbarment or administrative case against a lawyer

From February to November 2004, Atty. Calumpang, in fraudulent connivance with brokers, convinced
Corinna to deliver to him advance money for the titling of a beachfront property in Caramoan. Six (6)
months had elapsed and Atty. Calumpang had made absolutely no progress in the titling of the land. He
also could not return the advance money paid by Corinna because he had converted the money to his
personal use. After almost a decade, and the property could still not be titled in Corinna's name, she
filed an action with the Commission on Bar Discipline (CBD) in 2014 for deceit, malpractice, and conduct
unbecoming of a member of the Bar. In his defense, Atty. Calumpang asserted that, since the acts
complained of took place more than 10 years ago, the case had already prescribed.

Rule on the defense of Atty. Calumpang. (5%)

17. Subjudice Rule in FB post

Dr. Cielo is a well-known medical doctor specializing in cosmetic surgery. Dr. Cielo, together with a team
of doctors, performed a surgical buttocks enhancement procedure in her clinic on Ms. Cossette Cancio
(Cancio). Unfortunately, after a couple of years, the implant introduced during the enhancement
procedure caused infection and Cancio became seriously ill.

Concio filed a criminal action for medical malpractice against Dr. Cielo which was eventually dismissed
for failure to prove that Dr. Cielo was negligent. Cancio was represented in this action by Atty. Cogie
Ciguerra (Ciguerra). After they lost the medical malpractice case, Ciguerra started writing a series of
posts on his Facebook (FB) account containing insulting and verbally abusive language against Dr. Cielo.
Among others, Ciguerra called Dr. Cielo a quack doctor, "reyna ng kaplastikan at kapalpakan", and
accused her of maintaining a payola or extralegal budget to pay off prosecutors and judges in order to
win her cases. He also called on patients to boycott the clinic of Dr. Cielo.

Dr. Cielo filed a disbarment case against Ciguerra for posting on his FB account sexist, vulgar, and
obscene comments and language disrespectful of women. Ciguerra's defense is that his FB posts were
private remarks on his private FB account and meant only to be shared among his FB friends, and Dr.
Cielo was not part of them. He also claimed that the disbarment case was filed in violation of his
constitutionally-guaranteed right to privacy. The Court, however, found that Ciguerra did not have
privacy settings.

Can Ciguerra be disbarred for the series of posts against Dr. Cielo in his FB account? (5%)