Answer the questions below. Your answers must be on a yellow paper in your own handwriting.

Submit seatwork/assignment not later than 10am, May 17, 2021.

Questions:

1. Q: Under the Code of Professional Responsibility, what is the principal obligation of a

lawyer towards his client?
P. 97 Q22

2. Q: Atty. D’s services were engaged by Mr. B as defense counsel in a lawsuit. In the
course of the proceedings, Atty. D discovered that Mr. B was an agnostic and a homosexual. By
reason thereof, Atty. D filed a motion to withdraw as counsel without Mr. B’s express consent.

Is Atty. D’s motion legally tenable? Reason briefly.

4
3 Q2&
P. 8
3. Q: M was criminally charged with violation of a special law. He tried to engage the
services of Atty. N. Atty. N believed, however, that M is guilty on account of which he declined.
Would it be ethical for Atty. N to decline? Explain.

4. Q: On the day of his arraignment, your client confided in you that he in fact killed the
victim for which he was being charged with murder. You had been led to believe initially that he
was being framed and that another person had committed the crime.

1) How would you advise your client to plead?

2) If he should refuse to heed your advice, what course of action would you pursue?
P. 87 Q8
5. Q: Darius is charged with the crime of murder. He sought Atty. Francia’s help and
assured the latter that he did not commit the crime. Atty. Francia agreed to represent him in court.
During the trial, the prosecution presented several witnesses whose testimonies convinced Atty.
Francia that her client is guilty. She confronted his client who eventually admitted that he indeed
committed the crime. In view of his admission, Atty. Francia decided to withdraw from the case.

Should Atty. Francia be allowed to do so? Explain.

P. 89 Q10

6. Q: What is a lawyer’s duty if he finds that he cannot honestly put up a valid or

meritorious defense but his client insists that he litigate? Explain.

P. 83 Q3

7. Q: Atty. X was de parte counsel for Y at the trial of a case for estafa against Y in the
Regional Trial Court where, after trial, he was found guilty and sentenced to suffer the penalty that
was imposed. The convicted accused appealed to the Court of Appeals. The Clerk of the Court of
Appeals then sent notice to Atty. X that the record of the case had already been forwarded to and
received in the appellate court for counsel to prepare and file the brief for the accused, the latter’s
appeal was dismissed. Complaint for disbarment was filed by Y against Atty. X for neglect of duty.
Atty. X’s defense is that he ceased to be counsel for Y after the adverse decision was rendered by
the trial court.

Is Atty. X’s contention tenable?

P. 85 Q5

8. Q: When may refusal of a counsel to act as counsel de oficio be justified on grounds

aside from reasons of health, extensive travel abroad, or similar reasons of urgency? Support your
answer.
P. 91 Q12

9. Q: Atty. Vidal, a semi-retiree Metro Manila law practitioner, has a cattle ranch in the
remote municipality of Carrangian, Nueva Ecija. He is in his law office in Manila on Mondays,
Tuesdays and Wednesdays and spends the rest of the week in his cattle ranch riding horses and
castrating bulls.

In a criminal case pending before the Municipal Trial Court of Carrangian, the only other
licensed member of the Bar is representing the private complainant. The accused is a detention
prisoner. The judge wants to expedite proceedings.

If Atty. Vidal is appointed to act as counsel de oficio for the accused, could he refuse by saying
that in the province, he does not want to do anything except ride horses and castrate bulls?
Explain.
P. 95 Q18

10. Q: What is the rule on the appointment of counsel de oficio for an accused who was
convicted by the Regional Trial Court and is desirous of appealing the judgment of conviction?

P. 93 Q17

11. Q: In a homicide case, Atty. M was appointed by the Court as counsel de oficio for F,
the accused. After trial, F was acquitted. Atty. M sent F a bill for attorney’s fees.

a) Can F be compelled to pay? Explain.

b) Can F employ a counsel de parte to collaborate with Atty. M, his counsel de oficio?
Explain.
P. 91 Q13

12. Q: A. May a lawyer decline a request for free legal aid to an indigent accused made by
a chapter of the Integrated Bar of the Philippines (IBP)? Explain.

B. Will your answer be different if the legal aid is requested in a civil case?
P. 97 Q21&23

13. Q: Explain your understanding of “Conflict of Interest” under the Code of Professional
Responsibility.
14. Q: What are the three (3) tests to determine conflict of interest for practicing lawyers?
Explain each briefly.
P. 99 Q24

15. Q: Six months ago, Atty. Z was consulted by A about a four-door apartment in Manila
left by her deceased parents. A complained that her two siblings, B and C, who were occupying
two units of the apartment, were collecting the rentals from the other two units and refusing to give
her any part thereof. Atty. Z advised A to first seek the intervention of her relatives and told her that,
if this failed, he would take legal action as A asked him to do. Today, September 22, 2002, B asks
Atty. Z to defend him in a suit brought by A against him (B) and C through another counsel.

A. Should Atty. Z accept the case? Why?

B. Should Atty. Z inform B that A consulted him earlier about the same case? Why?
P. 103 Q30

16. Q: In 1998, Acaramba, a telecommunications company, signed a retainer agreement

with Bianca & Sophia Law Office (B & S) for the latter’s legal services for a fee of P2,000 a month.
From 1998 to 2001, the only service actually performed by B & S for Acaramba was the review of a
lease agreement and representation of Acaramba as a complainant in a bouncing checks case.
Acaramba stopped paying retainer fees in 2002 and terminated its retainer agreement with B & S
in 2005. In 2007, Temavous, another telecommunications company, requested B & S to act as its
counsel in the following transactions: (a) the acquisition of Acaramba; and (b) the acquisition of
Super-6, a company engaged in the power business.

In which transactions, if any, can Bianca & Sophia Law Office represent Temavous? Explain fully.

P. 99 Q25

17. Q: Atty. Marie consulted Atty. Hernandez whether she can successfully prosecute her
case for declaration of nullity of marriage she intends to file against her husband. Atty. Hernandez
advised her in writing that the case will not prosper for the reasons stated therein. Atty. Marie,
however, decided to file the case and engaged the services of another lawyer, Atty. Pe. Her
husband, Noel, having learned about the opinion of Atty. Hernandez, hired him as his lawyer.

Is Atty. Hernandez’s acquiescence to be Noel’s counsel ethical?

P. 101 Q26&27

18. Q: Atty. Japzon, a former partner of XXX law firm, is representing Kapuso Corporation
in a civil case against Kapamilya Corporation whose legal counsel is XXX law firm. Atty. Japzon
claims that she never handled the case of Kapamilya Corporation when she was still with XXX law
firm.

Is there a conflict of interest? Explain.

19. Q: You are the counsel for the estate of a deceased person. Your wife is a practicing
Certified Public Accountant. She was asked by her client to prepare and submit an itemized claim
against the estate you are representing. She asks for your advice on the legal propriety of her
client’s claim. What advice would you give her? Explain.
P. 103 Q29
 20. Q: Atty. A’s former Client B is deceased. A new Client C proposes to engage the legal
services of Atty. A against the heirs of deceased Client B. Has Atty. A the absolute right to accept
the engagement since Client B is no longer his client? Decide.

P. 105 Q31&32

21. Q: In a contentious transaction of sale and purchase involving real property between X
(seller) and Y (purchaser), whose interests were diametrically opposed to each other, Atty. Z with
the knowledge and consent of X and Y, acted as the attorney for both parties. Did Atty. Z commit
malpractice? Explain.

22. Q: You are the lawyer of Mr. “H”, the plaintiff, in a civil case for rescission of contract.
The prospects of an amicable settlement look bright. Impressed by your ability, Mr. “I”, the
defendant, would like very much to retain you as his defense counsel in a criminal case for
homicide through reckless imprudence. Mr. “I” wants you to forthwith enter your appearance, the
arraignment already having been scheduled. Would you accept the offer?
P. 107 Q35

23. Q: Is it ethical for a lawyer to advise his client to enter a plea of guilty in a criminal case
if the lawyer is personally convinced that he cannot win the case for his client?
P. 113 Q44

24. Q: As a rule, why should an attorney not testify as a witness for his client?
P. 137 Q83

25. Q: On what matter can a lawyer testify as a witness in a case he is handling for a
client? P. 115 Q48