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San Beda College Alabang School of Law

Centralized Bar Operations

FREQUENTLY ASKED QUESTIONS

SYLLABUS FOR THE 2021 BAR EXAMINATIONS

Legal and Judicial Ethics

Centralized Bar Operations 2021

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SAN BEDA COLLEGE ALABANG

CENTRALIZED BAR OPERATIONS

FREQUENTLY ASKED QUESTIONS

Dr. Ulpiano P. Sarmiento III

Dean and Adviser

Atty. Anna Marie Melanie B. Trinidad

Vice Dean

Atty. Carlo D. Busmente

Prefect of Student Affairs

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2021 CENTRALIZED BAR OPERATIONS

Christian Boy Benedict R. Tiangco
Overall Chairperson

Maria Angela Alexandria Albotra

Chairperson for Operations

Fiona Criscelle Federico

Chairperson for Academics

Angelica Felise Manalo

Jolykha Toa L. Sanchez
Deputy for Academics

Joseph Librojo
Chairperson for Academics Operation

Ma. Veronica Malabanan

Chairperson for Secretariat

Maria Concepcion Bañas

Chairperson for Finance

Kate Capulong
Chairperson for Logistics

Marie Czel Ongtangco

Chairperson for Recruitment and Membership

John Argie Mortel

Chairperson for Electronic Data Processing

Kurt Jairus Tañada

Chairperson for Communications

Anna Akiko Abad

Chairperson for Bar Mentoring Program

Louie Ann Someros

Chairperson for Bar Matters

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2021 LEGAL ETHICS TEAM
Beverly Vyne Hautea
Subject Head
Adrian R. Macasaquit
Assistant Subject Head
Members
Yuyek, Gabriel Thomas T.
Manes, Mmylne F.
Toledo, April Anne C.
Cabauatan, Jan Eros Nike V.
Sereno, Quennie Razelle B.
Paloma, Maria Lourdes S.
Miraflor, Hanz Christian I.
Biacora, Jamie Loren A.
Regaspi, Rachel Jane B.
Kristin Grace F. Lucero
Asares, Francis Eduard T.
Torrevillas, Jamie Lean R.
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2020 LEGAL ETHICS TEAM
Duran, Antonio Luis C.
Subject Head
Ricohermoso, Marielle L.
Assistant Subject Head
Members
Dela Pieza, Mary Joy V.
Belamide, Aeola Coleen, N.
Malabanan, Aminela B.
Co, Darryl John L. III
Macatuggal, Marie Monique
DC
Caponpon, Allyza Y.
Arcega, Aileen Ericka A.
Dominguez, Mary Grace B.
Dela Cruz, Reina Del T.
Dino, Maria Eden T.
Adolfo, Rochelle Angela R.
Pallera, Andrea Nicole C.
Inigo, Ira Romina A.
Pangilinan, Miguel Carlos P.

COMPILATION OF FREQUENTLY ASKED
QUESTIONS FOR LEGAL ETHICS
(1998 - 2019)
PRACTICE OF LAW
Concept
2018 BAR EXAM QUESTION:
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.
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%)
SUGGESTED ANSWER:
a. Yes, he is engaged in the practice
of law, which has been defined as
“any activity in or out of court which
requires the application of law, legal
procedure, knowledge, training and
experience” (Cayetano v. Monsod,
201 SCRA 210 [1991]). Work in the
government that requires the use of
legal knowledge is considered
practice of law (Lingan v.
Calubaquib, 727 SCRA 355 [2014],
Fajardo v. Alvarez, A.C. No. 9018, April
20, 2016). Lawyers who teach law are
considered engaged in the practice
of law (Re: Letter of the UP-Law
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Faculty, A.M. No. 10-10-4-SC, March
8, 2011).
(b) Yes, as long as he is a natural-born
citizen of the Philippines, at least 35 years
of age, and has practiced law or held
public office requiring practice of law for
at least 10 years. There is no requirement
that he should have done actual trial or
litigation work.
i. Profession, not business
2004 BAR EXAM QUESTION:
Why is law a profession and not a trade?
2.5%
SUGGESTED ANSWER: Law is a profession
and not a trade because its basic ideal
is to render public service and secure
justice for those who seek its aid. The
gaining of a livelihood is only a
secondary consideration.
ii. Qualifications
2005 BAR EXAM QUESTION:
Mike Adelantado, an aspiring lawyer,
disclosed in his petition to take the 2003
Bar Examinations that there were two
civil cases pending against him for
nullification of contract and damages.
He was thus allowed to conditionally
take the bar, and subsequently placed
third in the said exams.
In 2004, after the two civil cases had
been resolved, Mike Adelantado filed his
petition to take the Lawyer's Oath and
sign the Roll of Attorneys before the
Supreme Court. The Office of the Bar
Confidant, however, had received two
anonymous letters: the first alleged that
at the time Mike Adelantado filed his
petition to take the bar, he had two
other civil cases pending against him, as
well as a criminal case for violation of
Batas Pambansa (B.P.) Bilang 22; the
other letter alleged that Mike

Adelantado, as Sangguniang Kabataan
(SK) Chairperson, had been signing the
attendance sheets of (SK) meetings as
“Atty. Mike Adelantado."
Having passed the bar, can Mike
Adelantado already use the appellation
“attorney"? Explain your answer. (3%)
SUGGESTED ANSWER:
No. Only those who have been admitted
to the Philippine Bar can be called
“Attorney" (Alawi vs.Alauya, 268 SCRA
628 [1997]). Passing the Bar examination
is not sufficient for admission of a person
to the Philippine Bar. He still has to take
the oath of office and sign the Attorney's
Roll as prerequisites to admission.
Should Mike Adelantado be allowed to
take his oath as a lawyer and sign the Roll
of Attorneys? Explain your answer. (3%)
SUGGESTED ANSWER:
No, he should not be allowed to take his
oath and sign the Attorney’s Roll. Rule
7.01 of the Code of Professional
Responsibility provides that “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”. Mr.
Adelantado made a false statement in
his application to take the bar by
revealing only that there were two civil
cases pending against him and
suppressed the material facts that there
were two other civil cases as well as a
criminal case pending against him. This is
sufficient ground to deny him admission
to the bar (In Re Galang, 66 SCRA 245
[1975]). He also showed lack of good
moral character in using the title
“attorney” before admission to the Bar
{Aguirre vs. Rana, 403 SCRA 342 [2003]).
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2015 BAR EXAM QUESTION:
Casper Solis graduated with a Bachelor
of Laws degree from Achieve University
in 2000 and took and passed the bar
examinations given that same year.
Casper passed the bar examinations
and took the Attorney's Oath together
with other successful bar examinees on
March 19, 2001 at the Philippine
International Convention Center (PICC).
He was scheduled to sign the Roll of
Attorneys on May 24, 2001 but he
misplaced the Notice to Sign the Roll of
Attorneys sent by the Office of the Bar
Confidant after he went home to the
province for a vacation. Since taking his
oath in 2001, Casper had been
employed by several law firms and
private corporations, mainly doing
corporate and taxation work. When
attending a seminar as part of his
Mandatory Continuing Legal Education
in 2003, Casper was unable to provide his
roll number. Seven years later in 2010,
Casper filed a Petition praying that he be
allowed to sign the Roll of Attorneys.
Casper alleged good faith, initially
believing that he had already signed the
Roll before entering PICC for his oath-
taking on March 19, 2001.
a. Can Casper already be considered a
member of the Bar and be allowed to
use the title of "attorney"? Explain. (1%)
b. Did Casper commit any professional
or ethical transgression for which he
could be held administratively liable?
(2%)
c. Will you grant Casper's Petition to
belatedly sign the Roll of Attorneys?
Why? (2%)

SUGGESTED ANSWER:
a. No. In the case of Aguirre v. Rana, the
Supreme Court held that It is the signing
in the Roll of Attorneys that finally makes
one a full-fledged lawyer passing the bar
is not the only qualification to become
an attorney-at-law. Here, it was clear
that Casper Solis did not sign the Roll of
Attorneys. Thus, Casper cannot be
considered as a member of the Bar and
be allowed to use the title of “Attorney”
b. Yes. In In Re: Petition to Sign the Roll of
Attorneys Michael A. Medado (B.M. No.
2540), it was held that engaging in
unauthorized practice of law likewise
transgresses Canon 9 of 'the Code of
Professional Responsibility, which
provides “A lawyer shall not, directly or
indirectly, assist in the unauthorized
practice of law.” Here, Casper Solis was
engaged in corporate and taxation
work under law firms which amounted to
unauthorized practice of law which is
contrary to the said Code. With this, he
may be held administratively liable.
c. Yes. In Re: Petition to Sign the Roll of
Attorneys Michael A. Medado (B.M. No.
2540), it was held therein that since the
petitioner is not yet a full-fledged lawyer,
the Supreme Court cannot suspend him
from the practice of law. However, they
see it fit to impose upon him a penalty
akin to suspension by allowing him to sign
in the Roll of Attorneys one (1) year after
receipt of this Resolution. Here, since
Casper Solis cannot be considered as a
full-fledged lawyer, I would also grant
him the signing of Roll of Attorneys only
after a period of designated suspension
period.
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iii. Good moral character
1999 BAR EXAM QUESTION:
X, a member of the Bar, was charged
with and found guilty of Estafa for which
he was sentenced to suffer imprisonment
and to indemnify the offended party for
the amount involved. Not having taken
an appeal from the judgment of
conviction, upon finality thereof he was
taken into custody to serve sentence. A
month after he was incarcerated, he
was granted pardon by the Chief
Executive on condition that he would not
commit another offense during the
unserved portion of his prison sentence.
Soon after X's release from custody after
being pardoned, the offended party in
the criminal case filed a Complaint for
Disbarment against X in the Supreme
Court. X set up the defense that having
been pardoned by the Chief Executive
for which reason he was released from
imprisonment, he may not be disbarred
from the practice of law anymore.
Is X's contention tenable? (5%)
SUGGESTED ANSWER:
X’s contention is not tenable. He was
granted only a conditional pardon. Such
conditional pardon merely relieved him
of the penal consequences of his act but
did not operate as a bar to his
disbarment. Such pardon does not
reach the offense itself. Hence, it does
not constitute a bar to his disbarment. (In
re Gutierrez, 5 SCRA 861, In re Avanceña,
20 SCRA 1012). Furthermore, the acts of X
leading to his conviction maybe used to
show that he does not possess the
necessary requirement of good moral
character for continued membership in
the Bar (In re Vailoces, 117 SCRA 1).

2002 BAR EXAM QUESTION:
Atty. N had an extramarital affair with O,
a married woman, as a result of which
they begot a child, P. Atty. N admitted
paternity of the child P and undertook to
support him. On the basis of this
admission, is Atty. N subject to
disciplinary action by the Supreme
Court? Why? (5%)
SUGGESTED ANSWER:
In the case of Tucay v. Tucay, 318 SCRA
229 (1999), the Supreme Court held that
the finding that a lawyer had been
carrying on an illicit affair with a married
woman is a “grossly immoral conduct
and only indicative of an extremely low
regard for the fundamental ethics of his
profession.”
2004 BAR EXAM QUESTION:
A. Upon learning from newspaper reports
that bar candidate Vic Pugote passed
the bar examinations. Miss Adorable
immediately lodged a complaint with
the Supreme Court, praying that Vic
Pugote be disallowed from taking the
oath as a member of the Philippine Bar
because he was maintaining illicit sexual
relations with several women other than
his lawfully wedded spouse. However,
from unexplained reasons, he
succeeded to take his oath as a lawyer.
Later, when confronted with Miss
Adorable’s complaint formally, Pugote
moved for its dismissal on the ground that
it is already moot and academic.
Should Miss Adorable’s complaint be
dismissed or not? Explain briefly. (5%)
SUGGESTED ANSWER:
It should not be dismissed. Her charge
involves a matter of good moral
character which is not only a requisite for
admission to the Bar, but also a
continuing condition for remaining a
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member of the Bar. As such, the
admission of Vic Pugote to the Bar does
not render the question moot and
academic.
2013 BAR EXAM QUESTION:
Miguel Jactar, a fourth year law student,
drove his vehicle recklessly and hit the
rear bumper of Simplicio Medroso’s
vehicle. Instead of stopping, Jactar
accelerated and sped away. Medroso
pursued Jactar and caught up with him
at an intersection. In their confrontation,
Jactar dared Medroso to sue, bragged
about his connections with the courts,
and even uttered veiled threats against
Medroso. During the police investigation
that followed, Medroso learned that
Jactar was reviewing for the Bar
examinations. Under these facts, list and
justify the potential objections that can
be made against Jactar’s admission to
the practice of law. (8%)
SUGGESTED ANSWER:
The potential objection that can be
made against Jactar’s admission to the
practice of law is the absence of good
moral character (Rules of Court, Rule
138, Sec. 2).
iv. Citizenship: Reacquisition of the
privilege to practice in the Philippines
2010 BAR EXAM QUESTION:
After passing the Philippine Bar in 1986,
Richards practiced law until 1996 when
he migrated to Australia where he
subsequently became an Australian
citizen in 2000. As he kept abreast of
legal developments, petitioner learned
about the Citizenship Retention and Re-
Acquisition Act of 2003 (Republic Act No.
9225), pursuant to which he reacquired
his Philippine citizenship in 2006. He took
his oath of allegiance as a Filipino citizen

at the Philippine Embassy in Canberra,
Australia. Jaded by the laid back life in
the outback, he returned to the
Philippines in December 2008. After the
holidays, he established his own law
office and resumed his practice of law.
Months later, a concerned woman who
had secured copies of Atty. Richards’
naturalization papers with consular
authentication, filed with the Supreme
Court an anonymous complaint against
him for illegal practice of law.
May the Supreme Court act upon the
complaint filed by an anonymous
person? Why or why not? (3%)
SUGGESTED ANSWER:
Yes, the Supreme Court may act upon
the complaint filed by an anonymous
complaint, because the basis of the
complaint consists of documents with
consular authentication which can be
verified being public records. There is no
need to identify the complainant when
the evidence is documented and
verifiable (In re Echiverri, 67 SCRA 467
[1975]; In re Araula, 81 SCRA 483 [1978];
Concerned Citizens v. Elma, 241 SCRA 84
[1995]). Besides, the Supreme Court or
the IBP may initiate disbarment
proceedings motu proprio.
Is the respondent entitled to resume the
practice of Law? Explain. (5%)
SUGGESTED ANSWER:
Yes, if he observes the procedure laid
down in Petition for Leave to Resume
Practice of Law of Benjamin M. Dacanay
(B.M. No. 1678, December 17, 2007, 540
SCRA 424), to wit: Updating and
payment in full of the annual
membership dues in the IBP; Payment of
the professional tax; Completion of at
least 36 credit hours of mandatory
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continuing legal education; and
Pretaking of the lawyer’s oath.
v. Law Student Practice Rule
2006 BAR EXAM QUESTION:
Enumerate the instances when a law
student may appear in court as counsel
for a litigant. 2.5%
SUGGESTED ANSWER:
a. Under the Student Practice Rule, a law
student who has successfully
completed his third year of the regular
four-year prescribed law curriculum
and is enrolled in a recognized law
school’s clinical legal education
program approved by the Supreme
court, may appear without
compensation in any civil, criminal or
administrative case before any trial
court, tribunal, board or officer, to
represent indigent clients accepted
by the legal clinic of the law school,
under the direct supervision and
control of a member of the Integrated
Bar of the Philippines if he appears in a
Regional Trial Court, and without such
supervision if he appears in an inferior
court (Bar Matter 730, June 10, 1997);
b. When he appears as an agent or
friend of a litigant in an inferior court
(Sec. 34, Rule 138, Revised Rules of
Court)
c. When he is authorized by law to
appear for the” Government of the
Philippines (Sec. 33, Rule 138, Revised
Rules of Court)
d. IIn remote municipalities where
members of the bar are not available,
the judge of an inferior court may
appoint a non-lawyer who is a
resident the province and of good
repute for probity and ability, to aid

the defendant in his defense (Sec. 4,
Rule 116, Revised Rules of Court)
e. A law student may appear before the
National Labor Relations Commission
or any Labor Arbiter if he represents
himself, as a party to the case, (b) he
represents an organization or its
members with written authorization
from them, or (c) he is a duly-
accredited member of any legal aid
office duly recognized by the
Department of Justice or the
Integrated Bar of the Philippines in
cases referred to by the latter (Art.
222, Labor Code, Kanlaon
Construction Enterprises Co., Inc. v.
NLRC, 279 SCRA 337 [19971);
f. Under the Cadastral Act, a non-lawyer
may represent a claimant before the
Cadastral Court (Sec. 8, Act No.2250).
2009 BAR EXAM QUESTION:
What is the student practice rule? (2%)
SUGGESTED ANSWER:
The Student Practice Rule (Rule 138-A) is
the Rule authorizing a law student who
has successfully completed his 3rd year
of the regular four-year prescribed law
curriculum and is enrolled in a
recognized law school’s clinical legal
education program approved by the
Supreme Court, to appear without
compensation in any civil, criminal or
administrative case before any trial
court, tribunal or board or officer, to
represent indigent clients accepted by
the legal clinic of the law school, under
the direct supervision and control of a
member of the IBP accredited by the law
school.
vi. Non-lawyers in Courts
1999 BAR EXAM QUESTION:
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A, a mere high school graduate, with the
aid of a friend who is a college
undergraduate, filed a complaint for
recovery of a sum of money in the
amount of Four Thousand (P4.000.00)
Pesos in the Metropolitan Trial Court of his
town. The Clerk of Court told A that his
complaint might be dismissed for
insufficiency as to form because neither
he nor his friend who is assisting him is a
lawyer.
Is the Clerk of Court correct? (5%)
SUGGESTED ANSWER:
The Clerk of Court is not correct. In the
Justice of the Peace courts (now known
as Municipal Trial Court or Municipal
Circuit Trial Courts or Metropolitan Trial
Court), a party may conduct his litigation
in person, with the aid of an agent or
friend appointed by him for that
purpose, or with the aid of an attorney.
(Sec. 34, Rule 138, Rules of Court).
1999 BAR EXAM QUESTION:
A, a law graduate but has not passed
the bar examination, filed a Complaint in
the Regional Trial Court for recovery of
Fifty Thousand (P50.000.00) Pesos owed
him by B. At the hearing of the case after
Answer was filed.
A appeared by himself alone and
without counsel to prosecute his case.
The defendant pointed out to the Court
that A was not a member of the bar and
suggested that for his own protection. A
should engage the services of a counsel
duly accredited as a member of the Bar.
The Judge intimated his willingness to
reset the hearing of the case to another
day to enable the plaintiff to engage the
services of counsel. Plaintiff replied he
could manage to prosecute his own
case, it being but a simple case for
collection of sum of money. If you were
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the Judge, will you allow A to continue A party may appear without his own
prosecuting his case by himself alone? counsel before the Municipal Trial Court,
(5%) whether or not for a civil or criminal case.
In the RTC or the Appellate Courts, a
SUGGESTED ANSWER: party in a civil suit may conduct his
Section 34, Rule 138 of the Rules of Court litigation either personally or by attorney
provides that in a Regional Trial Court, a unless the party is a juridical person.
party may conduct his litigation However, with respect to criminal
personally or by aid of an attorney, and proceedings in the said tribunals, the
his appearance must be either personal right to counsel of an accused is
or by a duly authorized member of the absolute or immutable. It has never been
bar. Hence, if I were the Judge, I will considered subject to waiver (Flores v.
allow A to continue prosecuting his case Ruiz, 90 SCRA 428(1979]).
alone, but I will warn him about the risks
involved in his doing so because of his
lack of knowledge of law and legal Proceedings where lawyers are
procedure.
prohibited from appearing
ALTERNATIVE ANSWERS:
i. Lawyers without authority
If I were the Judge, I will not allow A to
prosecute his case. Although he is a law
2006 BAR EXAM QUESTION:
graduate, it does not appear that he is
The Supreme Court suspended
familiar with procedural law, having filed
indefinitely Atty. Fernandez from the
the case with the RTC which has no
practice of law for gross immorality. He
jurisdiction over the case in view of the
asked the Municipal Circuit Trial Court
amount involved. The judge is duty
Judge of his town if he can be appointed
bound to see to it that there is no
counsel de oficio for Tony, a childhood
miscarriage of justice.
friend who is accused of theft. The judge
refused because Atty. Fernandez’s
No. I shall dismiss the case for lack of
name appears in the Supreme Court’s
jurisdiction because the amount of
List of Suspended Lawyers. Atty.
P50.000.00 is within the jurisdictional
Freelances then inquired if he can
ambit of the Municipal Trial Court.
appear as a friend for Tony to defend
Consequently, A could not continue
him.
prosecuting the case.
If you were the judge, will you authorize
2009 BAR EXAM QUESTION:
him to appear in your court as a friend for
May a party appear as his own counsel
Tony? 5%
in a criminal or in a civil case? Explain.
(3%)
SUGGESTED ANSWER:
I will not authorize him to appear as a
SUGGESTED ANSWER:
friend of Tony. The accused in a criminal
A party may appear as his own counsel
case is entitled to be represented by
in civil cases (Sec. 34, Rule 138). However,
legal counsel, and only a lawyer can be
in criminal cases involving grave and less
appointed as counsel de officio.
grave offenses, he must always appear
Although a municipal trial court may
through counsel.
appoint a person of good refute to aid

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the accused as counsel de officio in his
defense, this is applicable only where
members of the bar are not present (Sec.
4, Rule 116, Revised Rules of Court).
Necessarily, the friend referred to one
who is not a lawyer. Atty. Fernandez is ‘a
lawyer but under Indefinite suspension.
He should not be allowed to practice law
even as a counsel de officio.
Supposing Tony is a defendant in a civil
case for collection of sum of money
before the same court, can Atty.
Fernandez appear for him to conduct his
litigation? 5%
SUGGESTED ANSWER:
Even if Tony is a defendant in a civil case,
Atty. Fernandez cannot be allowed to
appear for him to conduct his litigation;
otherwise, the judge will be violating
Canon 9 of the Code of Professional
Responsibility which provides that "a
lawyer shall not, directly or indirectly,
assist in the unauthorized practice of law.
ANOTHER SUGGESTED ANSWER to 1 and 2:
Yes, if Atty. Fernandez was appointed by
Tony. Even if Atty. Fernandez was
suspended indefinitely, he may appear
as an. agent or friend of Tony, the party
litigant in the Municipal Trial Court, if Tony
appoints him to conduct his case (Sec.
34, Rule 138, Revised Rules of Court,
Cantimbuhan v. Cruz, Jr., 126 SCRA 190
[1983]).
ii. Public officials and practice of law
2000 BAR EXAM QUESTION:
A town mayor was indicted for homicide
through reckless imprudence arising from
a vehicular accident. May his father-in-
law who is a lawyer and a Sangguniang
Panlalawigan member represent him in
court? Reason. (5%)
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SUGGESTED ANSWER:
Yes, his father-in-law may represent him
in court. Under the Local Government
Code (R.A. 7160), members of the
Sanggunlan may engage in the practice
of law, except in the following:
1. they shall not 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;
2. they shall not 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.
3. they shall not collect any fee for
their appearance in
administrative proceedings
including the local government
unit of which he is an official; and
4. they shall not use property and
personnel of the Government
except when the Sanggunian
member concerned is defending
the interests of the government. In
this case, the town mayor was
indicted for homicide through
reckless imprudence, an offense
that is not related to his office.
iii. Prohibition or disqualification of former
government attorneys
2010 BAR EXAM QUESTION:
A retired member of the Judiciary is now
engaged in private practice. In
attending hearings, he uses his car

bearing his protocol plate which was
issued to him while still in the service.
Pass on the ethical aspect of the judge’s
use of the protocol plate. (2%)
SUGGESTED ANSWER:
The judge’s use of his protocol plate after
his retirement is unethical. He is no longer
entitled to use such protocol plate after
his retirement. As a practicing lawyer, he
should not engage in unlawful,
dishonest, immoral or deceitful conduct.
His continued use of a protocol plate
after his retirement is at least dishonest
conduct.”
iv. Lawyer’s oath
2003 BAR EXAM QUESTION:
State the significance of the lawyer's
oath. What, in effect, does a lawyer
represent to a client when he accepts a
professional employment for his services?
SUGGESTED ANSWER:
“The significance of the oath is that it not
only impresses upon the attorney his
responsibilities but it also stamps him as
an officer of the court with rights, powers
and duties as important as those of the
judges themselves. It is a source of his
obligations and its violation is a ground
for his suspension, disbarment or other
disciplinary action.” (Agpalo, Legal
Ethics, 1992 ed., p. 59)
By accepting a retainer, he impliedly
represents that (a) he possesses the
competence required for the practice of
his profession, (b) he will exert his best
judgment in the prosecution or defense
of his client’s cause; (c) he will exercise
reasonable and ordinary diligence; and
(d) he will take such steps as will
adequately guard his client’s interest. In
brief, he will abide by his lawyer’s oath
that he will conduct himself to the best of
Centralized Bar Operations 2021
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his knowledge and discretion with all
good fidelity as well to the courts as to his
client.
2018 BAR EXAM QUESTION:
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%)
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,
nor 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
or discretion with all good fidelity as well
to the courts as to my client; and I impose
upon myself this voluntary obligation
without any mental reservation or
purpose of evasion. So help me God.
Duties and Responsibilities of a
Lawyer
1. Society
i. Respect for Law and legal processes

2013 BAR EXAMINATION QUESTION: Atty.
Dobar represents Eva in a contract suit
against Olga. He is also defending Maria
in a substantially identical contract suit
filed by Emma. In behalf of Eva, Atty.
Doblar claims that the statute of
limitations runs from the time of the
breach of contract. In the action against
Maria, Atty. Dobar now argues the
reverse position - i.e., that the statute of
limitation does not run until one year
discovery of the breach. Both cases are
assigned to Judge Elrey. Although not
the sole issue in the two cases, the statute
of limitations issue is critical in both. Is
there an ethical/professional
responsibility problem in this situation? If a
problem exists, what are its implications
or potential consequences.
SUGGESTED ANSWER:
Yes. There is an ethical/professional
responsibility problem that results from
the actuation of Atty. Doblar in arguing
the reverse positions.
The signatures of Atty. Doblar on the
pleadings for Eva and for Marla
constitute a certificate by him that he
has read the pleadings; that to the best
of his knowledge, information, and
belief, there is good ground to support
them; and that the pleadings were not
interposed for delay (Rules of Court, Rule
7, Sec. 3, par. 2). Atty. Doblar could not
claim he has complied with the
foregoing requirement because he
could not take a stand for Eva that is
contrary to that taken for Marla. His
theory for Eva clearly contradicts his
theory for Marla. He has violated his
professional responsibility mandated
under the Rules of Court.
He has likewise violated the ethical
responsibility that his appearance in
court should be deemed equivalent to
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an assertion on his honor that, in his
opinion, his client’s case in one proper
for judicial determination (Canons of
Professional Ethics, Canon 30, par. 2, last
sentence). In counseling on the
contradictory positions, Atty. Doblar has
likewise counselled or abetted activities
aimed at defiance of the law or at
lessening confidence in the legal system
(Code of Professional Responsibility,
Canon 1, Rule 1.02) because conflicting
opinions may result arising from an
interpretation of the same law.
Atty. Doblar could not seek refuge
under the umbrella that what he has
done was in protection of his clients. This
is so because a lawyer’s duty is not to his
client but to the administration of justice.
To that end, his client’s success is wholly
subordinate. His conduct ought to and
must always be scrupulously observant
of the law and ethics. Any means not
honorable, fair, and honest, which is
resorted to by the lawyer, even in the
pursuit of his devotion to his client’s
cause, is condemnable and unethical
(Ernesto Pineda, LEGAL AND JUDICIAL
ETHICS, 211 [1999], citing Maglasang vs.
People, G.R. No. 90083, October 4,
1990).
ii. Efficient and convenient
legal services
2017 Bar Examinations Question: Atty.
Simplicio published the
following advertisement in a local
newspaper: "Annulment of Marriage,
Competent Attorney, Reasonable
Fees, Call 221-2345.”
A Justice of the Supreme Court saw the
advertisement and thereafter called the
attention of his colleagues. The Supreme
Court directed the Bar Confidant
investigate the matter. When directed to

explain why no disciplinary action should
be taken against him for the improper
advertisement, Atty. Simplicio
contended that: (a) the advertisement
was not improper because his name was
not mentioned; and (b) he could not be
subjected to disciplinary action because
there was no complaint filed against
him. Rule on Atty. Simplicio's contentions.
SUGGESTED ANSWER:
Both of Atty. Simplicio’s contentions are
untenable. The fact that his name was
not mentioned does not make the
advertisement proper. The telephone
number he stated is his; hence, it is as if
his name was mentioned. The
advertisement violates the ethical norms
which prohibits “false and misleading”
advertisement. The use of the word
“competent” would create
expectations which Attorney X may not
be able to perform. Furthermore, the
advertisement tends to undermine the
sanctity of marriage as recognized
inviolable institution in the Philippines.
The facts in this case are the same as
those in Khan Jr. v. Simbillo, (A.C. No.
5299, 2003). In the said case, the Court
said that the advertisement was
improper.
2019 Bar Examinations Question: A
lawyer advertised in the newspaper the
following: "Expert in annulment of
marriage. Fast and sure. Consult
anytime.” Is the advertisement proper?
Explain.
SUGGESTED ANSWER:
No. The advertisement is not proper.
Canon 2, Rule 2.03 provides that, “A
lawyer shall not do or permit to be done
any act designed primarily to solicit legal
business. The legal services of a lawyer
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must be made in a manner compatible
with the independence, integrity, and
effectiveness of the profession. Topic:
True, honest, fair, dignified, and objective
information on legal services.
iii. True, honest, fair, dignified,
and objective information on
legal services
Determine whether the following
advertisements by an attorney are
ethical or unethical. Write “Ethical” or
"Unethical," as the case may be,
opposite each letter and explain.
A Calling card, 2" x 2" in size, bearing his
name in bold print, office, residence and
e-mail addresses, telephone and
facsimile numbers. (2%)
A business card, 3" x 4" in size, indicating
the aforementioned data with his photo.
1" x 1 “ in size. (2%)
A pictorial press release in a broadsheet
newspaper made by the attorney
showing him being congratulated by the
president of a client corporation for
winning a multi-million damage suit
against the company in the Supreme
Court. (2%)
The same press release made by his
client in a tabloid. (2%)
A small announcement in BALITA, a
tabloid in Filipino, that the attorney is
giving free legal advice for September
2002, (2%)
SUGGESTED ANSWER:
Ethical - A lawyer, in making known his
legal services, shall use only true, honest,
fair, dignified and objective information

or statement of facts (Canon 3, Code of
Professional Responsibility).
Unethical - The size of the card and the
inclusion of the lawyer’s photo in it
smacks of commercialism.
Unethical - A lawyer should not resort to
indirect advertisements such as
procuring his photograph to be
published in a newspaper in connection
with a case he is handling. He should not
pay or give something of value to
representatives of the mass media in
anticipation of, or return for, publicity to
attract legal business (Rule 3.04, Code of
Professional Responsibility)
Ethical -The lawyer can no longer be
held responsible for the action of his
client. However, it would be unethical if
he knew about his client’s intention to
publish and he did not stop it.
Unethical - The announcement in a
newspaper that he will give free legal
advise to the indigent, is a form of self-
praise. In re: Tagorda, 53 Phil 27 (1929)].
Ethical - “The rule prescribing advertising
or solicitation of business is aimed at
commercialization of the profession and
has to do with the effort to obtain
remunerative business. It was never
aimed at a situation in which a group of
lawyers announce that they are willing to
devote some of their time and energy to
the interests of indigent citizens.”
(Agpalo, Legal Ethics, 5th ed., p. 81).
[2002 Bar]
iv. Lawyers in government service
discharging their tasks
2016 BAR EXAM QUESTION
XIII Atty. Dennis is the head of the
Provincial DILG Office in Sultan Kudarat.
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In view of the lack of lawyers and
notaries public in the province and
because of numerous requests that the
DILG provide a notary, public, Atty.
Dennis was constrained to apply for a
commission for the RTC, which was
granted. He was able to notarize
thousand of documents and affidavits
until Atty. Antonio, the only notary public
in the province, charged. Atty. Dennis
with misconduct and violation of the
CPR. Is the charge correct? Explain. (5%)
SUGGESTED ANSWER
The performance of the duties of a
notary public constitutes practice of law.
A lawyer in government service may
either be prohibited from practicing law
during his tenure, or allowed to practice
but subject to some restrictions. There is
no law prohibiting a Provincial DILG
Officer from practicing his profession. But
as a Civil Service officer, he can do so
only with the consent of his Department
Head (Catu v. Rellosa, A.C. No. 5738,
February 19, 2008).
2. The Legal Profession
i. IBP
2006 BAR EXAM QUESTION:
A. Atty. Oldie, 80 years old, refuses to pay
his IBP dues. He argues he is a senior
citizen and semi-retired from the
practice of law. Therefore, he should be
exempt from paying IBP dues. Is his
argument correct? 3%
B. For the same reasons, Atty. Oldie also
insists that he should be exempt from the
Mandatory Continuing Legal Education
(MCLE) requirements. Should he be
exempt? 3%
SUGGESTED ANSWER:
A. Atty. Oldie is not correct. The Senior
Citizen’s Act is not applicable to the

IBP dues, and there is no such thing
as a lawyer, who is semi-retired in the
practice of law (Santos v. Llamas,
322 SCRA 529 [2000]).
B. Atty. Oldie is not exempt from the
Mandatory Continuing Legal
Education requirement. The MCLE is
required of all members of the
Integrated Bar of the Philippines. As
long as a person is a member of the
IBP, he should comply with the MCLE
requirement.
2012 BAR EXAM QUESTION:
Atty. Gelly passed the Bar in 1975. 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 2005. he returned to
the Philippines and was but the IBP is
charging him from 1975 up to the present
and threatening him with expulsion if he
does not comply. Is the IBP correct?
SUGGESTED ANSWER:
A. Atty. Gelly cannot be compelled to
pay the IBP dues because he was not
engaged in the practice of law from
1975-2005.
B. Atty. Gelly is exempt from 1975-2005
because he was out of the country.
C. Atty. Gelly should pay the dues from
1975 to the present since
membership in the IBP is
[compulsory].
ii. Membership and dues
2018 BAR EXAM QUESTION:
In a complaint filed before the
Integrated Bar of the Philippines (IBP)
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against Atty. Cirilo Celis, a senior citizen,
it was shown that:
a. he failed to pay his IBP dues for six
(6) years;
b. he indicated uniformly in his
pleadings for three (3) consecutive years
"IBP Muntinlupa OR No. 12345" as proof of
payment of his IBP fees; and
c. he did not indicate any
Professional Tax Receipt number to
prove payment of his professional dues.
In his defense, Atty. Celis alleged that he
is only engaged in a "limited" law
practice, and his principal occupation,
as disclosed in his income tax return, is
that of a farmer of a 30-hectare orchard
and pineapple farm in Camarines Sur. He
also claimed that he believed in good
faith that, as a senior citizen, he was
exempt from payment of taxes, such as
income tax, under Republic Act No. 7432
which grants senior citizens "exemption
from the payment of individual income
taxes provided that their annual taxable
income does not exceed the poverty
level as determined by the NEDA for that
year."
iii. Upholding the dignity and
integrity of the profession
2003, 2008 BAR EXAM QUESTION:
Dumbledore, a noted professor of
commercial law, wrote an article on the
subject of letters of credit which was
published in the IBP Journal. [a] Assume
he devoted a significant portion of the
article to a commentary' on how the
Supreme Court should decide a pending
case involving the application of the law'
on letters of credit. May he be
sanctioned by the Supreme Court?
Explain. (4%)

SUGGESTED ANSWER:
Professor Dumbledore may be
sanctioned by the Supreme Court. Rule
13.02 of the CPR provides that “a lawyer
shall not make public statements in the
media regarding a pending case
tending to arouse public opinion for or
against a party.” The court in a pending
litigation must be shielded from
embarrassment or influence in its duty of
deciding the case.
2004, 2016 BAR EXAM QUESTION:
Atty. Walasunto has been a member of
the Philippine Bar for twenty (20) years
but has never plied his profession as a
lawyer. His sole means of livelihood is
selling and buying real estate. In one of
his transactions as a real estate broker,
he issued a bouncing check. He was
criminally prosecuted and subsequently
convicted for violating B.P. Big. 22.
In the disbarment proceedings filed
against him, Atty. Walasunto contended
that his conviction for violation of B.P. Big.
22 was not a valid ground for disciplinary
action against a member of the bar. He
further argued that his act in issuing the
check was done in relation to his calling
as a real estate broker and not in relation
to the exercise of the profession of a
lawyer.
Are the contentions of Atty. Walasunto
meritorious or not? Reason. (5%)
SUGGESTED ANSWER:
No. His contentions are not meritorious. In
the first place, a ground for disbarment is
conviction of a crime involving moral
turpitude (Sec. 27, Rule 138, Rules of
Court), and the violation of B.P. 22 is
considered to be a crime involving moral
turpitude (People v. Tuanda, 181 SCRA
692 [1990]).
Centralized Bar Operations 2021
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In the second place, Rule 7.03 of the
Code of Professional Responsibility
provides that “a lawyer shall not engage
in conduct that adversely reflects on his
fitness to practice law, nor shall he,
whether in public or private life, behave
in a scandalous manner to the discredit
of the legal profession. ” Additionally,
Rule 1.01 of the same Code provides that
“a lawyer shall not engage in unlawful,
dishonest, immoral or deceitful
conduct."
iv. Courtesy, fairness and
candor towards the
professional colleagues
1999 and 2000 BAR EXAM QUESTIONS:
Atty. Juan Cruz, a practicing lawyer, was
employed by Pilipinas Bank as its bank
attorney and notary public in three of its
branches in Manila. While thus
employed, Maria del Rio, who was
unaware of Atty. Cruz employment in the
bank, engaged Atty. Cruz’s services as a
lawyer in a case that was filed by Pilipinas
Bank for collection of sum of money
involving one of its branches in Quezon
City which Atty. Cruz accepted. The
Quezon City Regional Trial Court, after
due proceeding and hearing, rendered
judgment in favor of Pilipinas Bank and
against Maria del Rio who wanted to
appeal the adverse judgment. But upon
advice of Atty. Cruz, the adverse
judgment was not appealed. Thereafter,
Maria del Rio learned Atty. Cruz was
employed by Pilipinas Bank as one of Its
attorneys. She now consults with you and
asks you to take legal steps against Atty.
Cruz for his apparent misconduct.
What do you think of what Atty. Cruz did?
Is there a valid and legal basis to
discipline him? (10%)
SUGGESTED ANSWER:

In agreeing to represent Maria del Rio in
a case which Pilipinas Bank filed against
her, Atty. Cruz violated the rule against
representing conflicting interests. Rule
15.03 of the Code of Professional
Responsibility provides that a lawyer shall
not represent conflicting interests except
by written consent of all concerned after
a full disclosure of the facts. It is improper
for a lawyer to appear as counsel for a
person whose interest conflicts with that
of his present or former client, even in an
unrelated case (Philippine National Bank
v. Cedo, 243 SCRA 1). It does not matter
that the Pilipinas Bank branch in Quezon
City is not one of the branches he
services in Manila. The bank itself is his
client.
This constitutes malpractice for which
Atty. Cruz can be disciplined.
v. No assistance in
unauthorized practice of law
2005 BAR EXAM QUESTION:
You had just taken your oath as a 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 one-half of your earnings
therefrom. Will you agree to the
arrangement? Explain. (5%)
SUGGESTED ANSWER:
No, I will not agree. Rule 9.02 of the Code
of Professional Responsibility provides
that “a lawyer shall not divide or stipulate
to divide a fee for legal service with
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persons not licensed to practice law".
The secretary is not licensed to practice
law and is not entitled to a share of the
fees for notarizing affidavits, which is a
legal service.
2008 BAR EXAM QUESTION:
State, with a brief explanation, whether
the lawyer concerned may be
sanctioned for the conduct stated
below.
A suspended lawyer allowing his non-
lawyer staff to actively operate his law
office and conduct business on behalf of
clients during the period of suspension.
(3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned. A lawyer
shall not delegate to any unqualified
person the performance of any task
which by law may only be performed by
a member of the bar in good standing
(Rule 9.01, CPR)
2010 BAR EXAM QUESTION:
Atty. Monica Santos-Cruz registered the
firm name “Santos-Cruz Law Office” with
the Department of Trade and Industry as
a single proprietorship. In her stationery,
she printed the names of her husband
and a friend who are 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
violated the Code of Professional
Responsibility? Why? (3%)
SUGGESTED ANSWER:
Yes, she did. In the case of Cambaliza v.
Cristobal-Tenorio (434 SCRA 288 [2004]),
which involves the same facts, the
Supreme Court held that 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 and Rule 9.01 of the Code of
Professional Responsibility which provide
as follows:
“Canon 9. A lawyer shall not directly or
indirectly assist in the unauthorized
practice of law.”
“Rule 9.01. A lawyer shall not delegate to
any unauthorized person the
performance of any task which by law
may only be performed by a member of
the bar in good standing.”
3. The Courts
i.Candor, fairness and candor towards
the courts
2000 BAR EXAM QUESTION:
In a pending labor case, Atty. A filed a
Position Paper on behalf of his client,
citing a Supreme Court case and
quoting a portion of the decision therein
which he stated reflected the ratio
decidendi. However, what he quoted
was not actually the Supreme Court
ruling but the argument of one of the
parties to the case. May Atty. A be
faulted administratively? Explain. (5%)
SUGGESTED ANSWER:
Yes, he may be faulted administratively.
A lawyer owes candor, fairness and
good faith to the court. Rule 10.02 of the
Code of Professional Conduct expressly
provides that a lawyer shall not
knowingly misquote or misrepresent the
contents of a paper, the language or the
argument of opposing counsel, or the
text of a decision or authority, or
knowingly cite as law a provision already
rendered inoperative by repeal or
amendment, or assert as a fact that
which has not been proved. To cite an
argument of one of the parties as a ratio
Centralized Bar Operations 2021
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decidendi of a Supreme Court decision
shows, at least, lack of diligence on the
part of Atty. A (Commission on Elections
v. Noynay, 292 SCRA 254[ 19981).
ii. Respect for courts and
judicial officers
2010 BAR EXAM QUESTION:
Atty. XX rented a house of his cousin JJ
on a month-to-months basis. He left for a
6-month study in Japan without paying
his rentals and electric bills while he was
away despite JJ’s repeated demands.
Upon his return to the Philippines, Atty. XX
still failed to settle his rental arrearages
and electric bills, drawing JJ to file an
administrative complaint against Atty.
XX. Atty. XX contended that his non-
payment rentals and bills to his cousin is
a personal matter which has no bearing
on his profession as a lawyer and,
therefore, he did not violate the Code of
Professional Responsibility. Is Atty. XX’s
contention in order? Explain. (3%)
SUGGESTED ANSWER:
No. In a case involving the same facts,
the Supreme Court held that having
incurred just debts, a lawyer has a moral
duty and legal responsibility to settle
them when they become due. “Verily,
lawyers must at all times faithfully perform
their duties to society, to the bar, to the
court and to their clients. As part of their
duties, they must promptly pay their
financial obligations.” (Wilson Cham v.
Atty. Eva Pata-Moya, 556 SCRA 1 [2008]).
iii. Assistance in the speedy and
efficient administrations
2002 BAR EXAM QUESTION:
On June 28, 2001, RJ filed with the
Supreme Court a petition for prohibition,
with a prayer for a temporary restraining

order/ preliminary injunction, to forestall
his removal as chairman and general
manager of a government agency. He
believed he had a fixed term until
January 31, 2004, but there were
indications that the new President would
replace him. As he had apprehended,
an Administrative Order was issued by
the Chief Executive on July 2, 2001
recalling RJ’s appointment. Shortly
thereafter, PT was appointed to the
position in question.
On July 3, 2001, RJ filed a motion to
withdraw his petition. On the same day,
without waiting for the resolution of his
motion, he filed another petition with the
Regional Trial Court seeking to prevent
his removal as chairman and general
manager of the government agency.
On July 8, 2001, his motion to withdraw
the first petition was granted by the
Supreme Court without prejudice to his
liability, if any, for contempt for engaging
in forum-shopping.
A. Is he guilty of forum-shopping?
Explain. (2% )
B. Give three (3) instances of forum-
shopping. (3%)
SUGGESTED ANSWER:
A. RJ Is guilty of forum-shopping.
Forum-shopping is the practice of filing
multiple actions from the same cause
(Rule 12.02, Code of Professional
Responsibility). It is clear that RJ’s petition
for prohibition was still pending in the
Supreme Court when he filed the same
petition in the Regional Trial Court. He
should have waited first for the resolution
of his motion to withdraw before filing the
second petition because he cannot
assume that the motion will be granted.
1. When, because of an adverse
opinion in one forum, a party
seeks a favorable opinion (other
Centralized Bar Operations 2021
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than by appeal or certiorari) in
another.
2. When he institutes two or more
actions or proceedings grounded
on the same cause, on the
gamble that one or the other
court would make a favorable
disposition” [Benguet Electric
Cooperative, Inc. v. NEA, 193
SCRA 250(1991)].
3. Filing a second suit in a court
without jurisdiction [New
Pangasinan Review, Inc. v. NLRC,
196 SCRA 55(1991)].
4. Filing an action in court while the
same cause of action is still
pending in an administrative
proceeding [Earth Minerals
Exploration, Inc. v. Macaraig, 194
SCRA 1(1991)].
5. When counsel omits to disclose
the pendency of an appeal, in
filing a certiorari case [Collado vs.
Hernando, 161 SCRA 639 (1988)].
[NOTE: The committee suggests full credit
for any 3 of the above enumerated
instances of forum-shopping]
iv. Reliance on merits of the
case, not on impropriety
tending to influence the
courts
2000 BAR EXAM QUESTION:
Atty. J requested Judge K to be a
principal sponsor at the wedding of his
son. Atty. J met Judge K a month before
during the IBP-sponsored reception to
welcome Judge K into the community,

and having learned that Judge K takes
his breakfast at a coffee shop near his
(Judge K's) boarding house, Atty. J made
it a point to be at the coffee shop at
about the time that Judge K takes his
breakfast. Comment on Atty. J's acts. Do
they violate the Code of Professional
Responsibility? (5%)
SUGGESTED ANSWER:
Yes, his actions violate the Code of
Professional Responsibility. Canon 13 of
the said Code provides that a lawyer
shall rely upon the merits of his cause and
refrain from any impropriety which tends
to influence, or gives the appearance of
influencing the court. Rule 13.01 of the
same Code provides that a lawyer shall
not extend extraordinary attention or
hospitality to, nor seek opportunity for,
cultivating familiarity with Judges. Atty. J
obviously sought opportunity for
cultivating familiarity with Judge K by
being at the coffee shop where the latter
takes his breakfast, and is extending
extraordinary attention to the judge by
inviting him to be a principal sponsor at
the wedding of his son.
2008 BAR EXAM QUESTION:
Dumbledore, a noted professor of
commercial law, wrote an article on the
subject of letters of credit which was
published in the IBP Journal. [a] Assume
he devoted a significant portion of the
article to a commentary' on how the
Supreme Court should decide a pending
case involving the application of the law'
on letters of credit. May he be
sanctioned by the Supreme Court?
Explain. (4%)
SUGGESTED ANSWER:
Professor Dumbledore may be
sanctioned by the Supreme Court. Rule
13.02 of the CPR provides that “a lawyer
shall not make public statements in the
Centralized Bar Operations 2021
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media regarding a pending case
tending to arouse public opinion for or
against a party.” The court in a pending
litigation must be shielded from
embarrassment or influence in its duty of
deciding the case.
2010 BAR EXAM QUESTION
Rico, an amiable, sociable lawyer, owns
a share in Marina Golf Club, easily one of
the posher golf courses. He relishes
hosting parties for government officials
and members of the bench. One day, he
had a chance meeting with a judge in
the Intramuros golf course. The two
readily got along well and had since
been regularly playing golf together at
the Marina Golf Club. If Atty. Rico does
not discuss cases with members of the
bench during parties and gold gamers, is
he violating the Code of Professional
Responsibility? Explain. (3%)
SUGGESTED ANSWER:
Yes. A lawyer shall not extend
extraordinary attention or hospitality to,
nor seek opportunity for cultivating
familiarity with judges (Rule 13.01, Code
of Professional Responsibility). Moreover,
he should refrain from any impropriety
which gives the appearance of
influencing the court (Canon 13, CPR). In
regularly playing golf with judges, Atty.
Rico will certainly raise the suspicion that
they discuss cases during the game,
although they actually do not. However,
if Rico is known to be a non-practicing
lawyer, there is not much of an ethical
problem.
4. The Clients
i. Services regardless of person’s status
2000, 2002, 2004 BAR EXAM QUESTION:
Atty. DD’s services were engaged by Mr.

BB as defense counsel in a lawsuit. In the
course of the proceedings, Atty. DD
discovered that Mr. BB was an agnostic
and a homosexual. By reason thereof,
Atty. DD filed a motion to withdraw as
counsel without Mr. BB’s express consent.
Is Atty. DD’s motion legally tenable?
Reason briefly. (5%)
SUGGESTED ANSWER:
No. Atty. DD’s motion is not legally
tenable. He has no valid cause to
terminate his services. His client, Mr. BB,
being an agnostic and homosexual,
should not be deprived of his counsel’s
representation solely for that reason.
A lawyer shall not decline to represent a
person solely on account of the latter’s
race, sex, creed or status of life or
because of his own opinion regarding
the guilt of said person (Canon 14, Rule
14.01, Code of Professional
Responsibility).
2002 BAR EXAM QUESTION:
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. (3%)
B. Will your answer be different if the
legal aid is requested in a civil case? (2%)
SUGGESTED ANSWER:
A. Rule 14.02 of the Code of
Professional Responsibility provides
that “a lawyer shall not decline,
except for serious and sufficient
cause, an appointment as counsel
de officio or as amicus curiae or a
request from the Integrated Bar of the
Philippines or any of its chapter for
rendition of free legal aid.” He may,
therefore, decline such appointment
for “serious and sufficient cause”. For
example, he may decline such
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appointment if it will involve a conflict
of interest with another client.
B. My answer will not be exactly the
same, because In a civil case, the
Sawyer can also decline if he believes
the action or defense to be
unmeritorious. He is ethically bound to
maintain only actions and proceedings
which appear to him to be just and only
such defenses which he believes to be
honestly debatable under the law.
ii. Services as counsel de oficio
2000 BAR EXAM QUESTION:
X was indicted for murder. As he had no
counsel on arraignment, the trial court
appointed Atty. A as his counsel de
oficio. When Atty. A asked X what was his
stand. X said he was guilty. X thereupon
pleaded guilty. Trial was thereafter
conducted. When the turn of the
defense to present evidence came.
Atty. A manifested that he was not
presenting any and that he was
submitting the case for decision, praying
that X’s plea be considered mitigating.
Did Atty. A’s assistance or conduct
approximate the competence and
diligence which the Code of Professional
Responsibility expected of him? Explain.
(5%)
SUGGESTED ANSWER:
No. It is the duty of defense counsel when
his client desires to enter a plea of guilty
to petquaint himself with the facts and
surrounding circumstances of the case,
advise his client of his constitutional rights
and the full import of a plea of guilty, see
to it that the prescribed procedure is
observed, present evidence, including
possible mitigating circumstances, so
that the precise degree of his client's
culpability is established and the
appropriate penalty is imposed, and thus

leave no room for doubt that there was
a mistake or misunderstanding as to the
nature of the charges to which his client
has pleaded guilty. Atty. A has fallen
short of this required conduct.
iii. Valid grounds for refusal
2002 BAR EXAM QUESTION:
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? Will your answer be different
if the legal aid is requested in a civil
case?
SUGGESTED ANSWER:
Rule 14.02 of the Code of Professional
Responsibility provides that “a lawyer
shall not decline, except for serious and
sufficient cause, an appointment as
counsel de officio or as amicus curiae or
a request from the Integrated Bar of the
Philippines or any of its chapter for
rendition of free legal aid. He may,
decline such appointment for serious
and sufficient cause. For example, he
may decline if such appointment will
involve conflict of interest with another
client.
My answer will not be exactly the same,
because in a civil case, the lawyer can
also decline if he believes the action or
defense to be unmeritorious. He is
ethically bound to maintain only actions
and proceedings which appear to him
to be just and only such defenses which
he believes to be honestly debatable
under the law.
iv. Candor, fairness and loyalty to clients
2016 BAR EXAM QUESTION:
Jaybee engaged the services of Atty.
Pete to defend him in a criminal case for
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murder. During trial, when the defense
was presenting its evidence, Jaybee
admitted to Atty. Pete that he killed the
victim in the case. Atty. Pete withdrew
from the case. Jaybee sued Atty. Pete
for disbarment alleging that the latter
violated Canon 15 of the CPR that "a
lawyer shall observe candor, fairness and
loyalty in all his dealing and transactions
with his client" and Canon 17 of the CPR
that "a lawyer owes fidelity to the cause
of his client and he shall be mindful of the
trust and confidence reposed in him."
Rule on the case and explain: (5%)
SUGGESTED ANSWER:
I will rule in favor of Atty. Pete. A lawyer's
duty of entire devotion to his client's
cause must be performed within the
bounds of the law. Canon 19 of the
Code of Professional Responsibility (CPR)
provides that "a lawyer shall represent his
client with zeal within the bounds of the
law."
Canon 15 of the Canons of Professional
Ethics also provides that: "The lawyer
owes 'entire devotion to the interest of
the client: warm zeal in the maintenance
and defense of his rights and the exertion
of his utmost learning and ability,' to the
end that nothing be taken or be withheld
from him, save by the rules of law, legally
applied. No fear of judicial disfavor or
public popularity should restrain him from
the full discharge of his duty. In the
judicial. forum the client is entitled to the
benefit of any and every remedy and
defense that is authorized by the law of
the land, and he may expect, his lawyer
to assert every such remedy or defense.
But it is steadfastly to be borne in mind
that the great trust of the lawyer is to be
performed within and not without the
bounds of the law, The office of the
attorney does not permit, much less does
it demand of him for any client, violation
of law or any manner of fraud or

chicanery. He must obey his own
conscience and not that of his client."
Moreover, Rule 19.02 of the Code of
Professional Responsibility provides that
"a lawyer who has received information
that his client has in the course of his
representation, perpetuated fraud upon
a person or tribunal, shall promptly call
upon the client to rectify the same, and
failing which he shall terminate the
relationship with such client in
accordance with the Rules of Court". But,
of course, the Atty. Pele (should] not
reveal what Jaybee revealed to him,
because the same is covered by the
duty of confidentiality under Canon 21 of
the same code.
v. Confidentiality Rule
2009 BAR EXAM QUESTION:
(TRUE OR FALSE) A lawyer cannot refuse
to divulge the name or identity of his
client.
SUGGESTED ANSWER:
FALSE. As a general rule, a client’s name
is not confidential, but there, are
exceptions enumerated in Regala v.
Sandiganhayan (262 SCRA 122 [1996]),
to wit: [a] where a strong possibility exists
that a revealing a client’s name would
implicate that client in the very activity
for which he sought the lawyer’s advice,
(b) where disclosure would open the
client to civil liability, and (c) where the
government’s lawyers have no case
against an attorney’s client unless by
revealing the client’s name, the said
name would furnish the only link that
would form the chain of testimony
necessary to convict an individual of a
crime.
vi. Privileged Communication
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1999 BAR EXAM QUESTION:
A, who is charged in Court with Estafa for
misappropriating funds entrusted to him
by B, consulted Atty. C about the case
with the intention of engaging his
services as defense counsel. Because A
could not afford to pay the fee that Atty.
C was charging him, A engaged the
services of another counsel, Atty. D. At
the trial of the case for Estafa against A
the prosecutor announced in open court
that his next witness was Atty. C. whom
he was calling to the witness stand.
Counsel for A. Atty. D vigorously opposed
the prosecutor's move on the ground
that Atty. C may not be called as a
witness for the prosecution as he might
disclose a would be client's confidence
and secret. Asked by the presiding
Judge what would be the nature of Atty.
C's testimony, the prosecutor answered it
has something to do with how A
obtained from B the funds that the latter
received from the former but failed to
account for. Thereupon, Atty. A
vigorously opposed the prosecutor's
motion.
If you were the Judge, how would you
rule on the matter? (5%)
SUGGESTED ANSWER:
If I were the judge, I will not allow Atty. C
to take the witness stand. When A
consulted Atty. C about his case, a
lawyer-client relationship was
established between them. It does not
matter that A did not eventually engage
his services because of his fees; such
relationship has already been created
(Hilado v. David, 84 Phil 569). A lawyer
shall be bound by the rule on privileged
communication in respect to matters
disclosed to him by a prospective client
(Rule 15.02 Code of Professional
Responsibility). The rule on privileged

communication provides that an
attorney cannot, without the consent of
his client, be examined as to any
communication made by the client to
him (Sec. 21 [b], Rule 130, Rules of
Court).
The prosecutor has announced that Atty.
C will be asked about how A obtained
from B the funds that he failed to
account for. Atty. C's knowledge of such
matter could have come only from A.
2008 BAR EXAM QUESTION:
Christine was appointed counsel de
oficio for Zuma, who was accused of
raping his own daughter. Zuma pleaded
not guilty but thereafter privately
admitted to Christine that he did commit
the crime charged.
[a] In light of Zuma’s admission, what
should Christine do? Explain. (3%)
SUGGESTED ANSWER:
Christine should continue to act as
counsel de oficio for Zuma. Christine was
appointed counsel de oficio and should
not decline to do so even if she believes
her client to be guilty. Her client is entitled
to the presumption of innocence and is
not obliged to plead guilty. There is no
fraud involved in his pleading not guilty.
ALTERNATIVE ANSWER:
Rule 19.02 of the Code of Professional
Responsibility (CPR) provides that “a
lawyer who has received information
that his client has, in the course of the
representation, perpetuated a fraud
upon a person or tribunal, shall promptly
call upon the client to rectify the same,
and failing which he shall terminate the
relationship with such client in
accordance with the Rules of Court.” In
the light of this provision, Christine should
call upon Zuma to immediately rectify
the fraud he committed upon the court
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by pleading not guilty when he really
committed the crime.
[b] Can Christine disclose the admission
of Zuma to the court? Why or why not?
(2%)
SUGGESTED ANSWER:
Christine cannot disclose the admission
of Zuma to the Court. If she does so, she
will violate her obligation to preserve the
confidences or secrets of her client
(Canon 21, Rule 21.02, CPR). The
privileged communication between
lawyer and client may be used as a
shield to defend crimes already
committed.
[c] Can Christine withdraw as counsel of
Zuma should he insist on going to trial?
Explain. (3%)
SUGGESTED ANSWER:
No. Christine cannot withdraw as
counsel of Zuma should he insist on going
to trial. It is Christine’s duty and moral
obligation when she accepted the
assignment as Zuma’s counsel de oficio.
It is not up to her to judge him to be guilty;
that is the responsibility of the court. She
should not ask the court to excuse her
from her responsibility as counsel de
oficio.
ALTERNATIVE ANSWER:
Pursuant to Rule 19.02 Christine should
terminate her relationship with Zuma in
accordance to Section 26, Rule 138 of
the Rules of Court, which provides that a
lawyer may retire at any time from an
action by the written consent of the
client, or, without such consent, by
permission of the court upon notice to
the client and hearing. Christine should
therefore first try to secure the written
consent of Zuma to her withdrawal as his
counsel, and if he refuses, she can file a
motion asking the court to allow her to

withdraw as such counsel, for serious and
sufficient cause (Rule 14.02, CPR).
2015 BAR EXAM QUESTION:
Maria and Atty. Evangeline met each
other and became good friends at
zumba class. One day, Maria
approached Atty. Evangeline for legal
advice. It turned out that Maria, a nurse,
previously worked in the Middle East. So
she could more easily leave for work
abroad, she declared in all her
documents that she was still single.
However, Maria was already married
with two children. Maria again had plans
to apply for work abroad but this time.
wished to have all her papers in order.
Atty. Evangeline, claiming that she was
already overloaded with other cases,
referred Maria’s case to another lawyer.
Maria found it appalling that after Atty.
Evangeline had learned of her secrets,
the latter refused to handle her case.
Maria’s friendship with Atty. Evangeline
permanently turned sour after Maria filed
an administrative case against the latter
for failing to return borrowed jewelry.
Atty. Evangeline, on the other hand,
threatened to charge Maria with a
criminal case for falsification of public
documents, based on the disclosures
Maria had earlier made to Atty.
Evangeline.
a) Was the consultation of Maria with
Atty. Evangeline considered privileged?
b) What are the factors to establish the
existence of attorney-client privilege?
SUGGESTED ANSWER:
a) The consultation of Maria with Atty.
Evangeline is considered privileged. In
the case of Hadjula v. Madianda (A.C.
No. 6711, July 3, 2007), which involves
basically the same facts, the Supreme
Court held as follows: “As it were,
complainant went to respondent, a
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lawyer who incidentally was also then a
friend, to bare what she considered
personal secrets and sensitive
documents for the purpose of obtaining
legal advice and assistance. The
moment complainant approached the
then receptive respondent to seek legal
advice, a veritable lawyer-client
relationship evolved between the two.
Such relationship imposes upon the
lawyer certain restrictions circumscribed
by the ethics of the profession. Among
the burdens of the relationship is that
which enjoins the lawyer, respondent in
this instance, to keep inviolate
confidential information acquired or
revealed during legal consultations. The
fact that one is, at the end of the day not
inclined to handle the client’s case is
hardly of consequence. Of little moment
too, is the fact that no formal professional
engagement follows the consultation.
Nor will it make any difference, that no
contract whatsoever was executed by
the parties to memorialize the
relationship.”
b) (1) Where legal advise of any kind is
sought (2) from a professional legal
adviser in his capacity as such, (3) the
communication relating to that purpose,
(4) made in confidence (5) by the client
(6) are at his instance permanently
protected (7) from disclosure by himself
or by the legal advisor, (8) except the
protection be waived.
vii. Conflict of Interest
2001 BAR EXAM QUESTION:
May a lawyer give proper advice and
assistance to a client of another lawyer?
Support your answer. (5%)
SUGGESTED ANSWER:
There is nothing wrong with giving proper
advice and assistance to a client of

another lawyer, as long as no conflict of
interest is involved and he does not
encroach, directly or indirectly, on the
employment of the said lawyer.
However, Rule 8.02 of the Code of
Professional Responsibility allows a
lawyer, "without fear or favor, to give
proper advice and assistance to those
seeking relief against unfaithful and
neglectful counsel."
2002 BAR EXAM QUESTION:
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?
(2%)
B. Should Atty. Z tell B that A consulted
him earlier about the same case? Why?
(3%)
SUGGESTED ANSWER:
A. Atty. Z should not accept the case.
When A consulted him about her
complaint against B and C, a lawyer-
client relationship was created between
A and Atty. Z. Atty. Z cannot
subsequently represent B against A in a
matter he was consulted about. This
constitutes conflict of interest It does not
matter if Atty. Z is not handling the case
for A.
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Rule 21.07 of the Code of Professional
Responsibility provides that “a lawyer
shall not reveal that he has been
consulted about a particular case
except to avoid possible conflict of
interest” In this case, he has to reveal to
B that he had been consulted by A on
the case that B if offering to retain his
services, in order to avoid a possible
conflict of interest.
viii. Client’s money and
properties
2007 BAR EXAM QUESTION:
C engaged the services of attorney D
concerning various mortgage contracts
entered into by her husband from whom
she is separated fearful that her real
estate properties will be foreclosed and
of impending suits for sums of money
against her. Attorney D advised C to give
him her land titles covering her lots so he
could sell them to enable her to pay her
creditors. He then persuaded her to
execute deeds of sale in his favor without
any monetary or valuable consideration,
to which C agreed on condition that he
would sell the lots and from the proceeds
pay her creditors. Later on, C came to
know that attorney D did not sell her lots
but instead paid her creditors with his
own funds and had her land titles
registered in his name. Did attorney D
violate the Code of Professional
Responsibility? Explain.
SUGGESTED ANSWER:
The decision of the Supreme Court in the
case of Hernandez v. Go, (450SCRA 1
[2005]), is squarely applicable to this
problem. Under the same set of facts, the
Supreme Court held the lawyer to have
violated Canons 16 of the Code of
Professional Responsibility, which
provides as follows:

Canon 16. A lawyer shall hold entrust all
moneys and properties of his client hat
may come into his possession.
and Canon 17 of the same Code, which
provides s follows:
“Canon 17. A lawyer owes fidelity to the
cause of his client and he shall be
mindful of the trust and confidence
reposed in him.
The Supreme Court further held that the
lawyer concerned has engaged in
deceitful, dishonest, unlawful and grossly
immoral acts, which might lessen the trust
and confidence reposed by the public in
the fidelity, honesty, and integrity of the
legal profession. Consequently, the
Court disbarred him.
ix. Fidelity to client’s cause
2003 BAR EXAM QUESTION:
Under Canon 19 of the Code of
Professional Responsibility, "a lawyer shall
represent his client with zeal within the
bounds of the law." How far, in general
terms, may a lawyer go in advocating,
supporting and defending the cause of
his client in a criminal case filed against
the latter?
SUGGESTED ANSWER:
“The right to counsel must be more than
just the presence of a lawyer in the
courtroom or the mere propounding of
standard questions and objections. The
right to counsel means that the accused
is simply accorded legal assistance
extended by a counsel who commits
himself to the cause of the defense and
acts accordingly. The right assumes an
active involvement by the lawyer in the
proceedings, particularly at the trial of
the case, his bearing constantly in mind
the basic rights of the accused, his being
well-versed on the case, and his knowing
the fundamental procedure, essential
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laws and existing jurisprudence. The right
of an accused to counsel finds
substance in the performance by the
lawyer of his sworn duty of fidelity to his
client. Tersely put, it means an efficient
and truly decisive legal assistance and
not a simple prefunctory representation.
"(People v. Bemas, 306 SCRA 293 [1999],
cited in People v. Sta. Teresa, 354 SCRA
697 [2001]). However, a lawyer shall
employ only honorable and honest
means in the maintenance of his client’s
cause. (Section 20, Rule 128).
x. Competence and Diligence
1998, 2008 BAR EXAM QUESTION:
State, with a brief explanation, whether
the lawyer concerned may be
sanctioned for the conduct stated
below. [a] Filing a complaint that fails to
state a cause of action, thereby resulting
in the defendant succeeding in his
motion to dismiss. (3%)
SUGGESTED ANSWER:
The lawyer may be sanctioned for lack of
competence and diligence (Canon 18,
CPR). Rule 18.02 provides that a lawyer
shall not handle a case without
adequate preparation. Filing a
complaint that fails to state a cause of
action resulting to the dismissal of his
case shows incompetence and lack of
adequate preparation.
xi. Negligence
1998, 2000 BAR EXAM QUESTION:
Nene approached Atty. Nilo and asked
him if it was alright to buy a piece of land
which Maneng was selling. What was
shown by Maneng to Nene was an
Original Certificate of Title with many
annotations and old patches, to which
Nene expressed suspicion. However,

Atty. Nilo, desirous of pushing through
with the transaction because of the high
notarial fee promised to him, told Nene
that the title was alright and that she
should not worry since he is an attorney
and that he knew Maneng well. He
notarized the Deed of Sale and Nene
paid Maneng P 108,000.00. It turned out
that Maneng had previously sold the
same property to another person.
For the injustice done to Nene, may Atty.
Nilo be disciplined? (5%)
SUGGESTED ANSWER:
Yes. Atty. Nilo is guilty of gross negligence
in protecting the interests of his client. A
lawyer shall not neglect a legal matter
entrusted to him and his negligence in
connection therewith shall render him
liable (Rule 18.03, Code of Professional
Responsibility). Worse, he was negligent
because he placed his own interest in
receiving a high notarial fee over and
above the Interest of his client. In the
case of Nadayag v. Grageda, 237 SCRA
202, which involves similar facts, the
Supreme Court held that the lawyer
"should have been conscientious in
seeing to it that justice permeated every
aspect of a transaction for which his
services had been engaged, in
conformity with the avowed duties of a
worthy member of the Bar."
xii. Collaborating counsel
2014 BAR EXAM QUESTION
(A) May a client hire additional counsel
as collaborating counsel over and
above the objection of the original
counsel?
(B) If the client insists, may the original
counsel withdraw from the case, and
how?
SUGGESTED ANSWER:
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(A) Yes, the client is entitled to have as
many lawyers as he can afford.
Professional courtesy, however,
demands that a lawyer retained as a
collaborating counsel should at least
communicate with the original counsel
before entering his appearance. On the
part of the original counsel, he should not
look at the employment of a
collaborating counsel as a loss. of
confidence in him.
(B) If the client insists on retaining a
collaborating counsel over and above
the objection of the original counsel, the
latter may withdraw his services when his
inability to work with co-counsel will not
"redound to the best interest of the client
(Rule. 22.01, Code of Professional
Responsibility).
xiii. Representation with zeal within legal
bounds
2008 BAR EXAM QUESTION:
Christine was appointed counsel de
oficio for Zuma, who was accused of
raping his own daughter. Zuma pleaded
not guilty but thereafter privately
admitted to Christine that he did commit
the crime charged. [a] In light of Zuma’s
admission, what should Christine do?
Explain. (3%)
SUGGESTED ANSWER:
Christine should continue to act as
counsel de oficio for Zuma. Christine was
appointed counsel de oficio and should
not decline to do so even if she believes
her client to be guilty. Her client is entitled
to the presumption of innocence and is
not obliged to plead guilty. There is no
fraud involved in his pleading not guilty.
ALTERNATIVE ANSWER:
Rule 19.02 of the Code of Professional
Responsibility (CPR) provides that “a
lawyer who has received information

that his client has, in the course of the
representation, perpetuated a fraud
upon a person or tribunal, shall promptly
call upon the client to rectify the same,
and failing which he shall terminate the
relationship with such client in
accordance with the Rules of Court.” In
the light of this provision, Christine should
call upon Zuma to immediately rectify
the fraud he committed upon the court
by pleading not guilty when he really
committed the crime charged.
xiv. Attorney’s fees
1998 BAR EXAM QUESTION:
Discuss the propriety of a lawyer filing a
suit against his client concerning his fees.
SUGGESTED ANSWER:
Rule 20.04 of the Code of Professional
Responsibility provides that “a lawyer
shall avoid controversies with his clients
concerning his compensation and shall
resort to judicial action only to prevent
imposition, injustice or fraud.” The legal
profession is not a money-making trade
but a form of public service. Lawyers
should avoid giving the impression that
they are mercenary (Perez v. Scottish
Union and National Insurance Co., 76
Phil. 325). It might even turn out to be
unproductive for him for potential clients
are likely to avoid a lawyer with a
reputation of suing his clients.
2009 BAR EXAM QUESTION:
Atty. Wilmar represented Beatriz in a
partition case among heirs, and won.
When Wilmar demanded payment of
attorney’s fees, Beatriz refused to pay.
Wilmar sued Beatriz for the unpaid
attorney’s fees and obtained a
favorable judgment. Thereafter, Beatriz
filed an administrative complaint against
Wilmar claiming that he lied when he
stated in his claim for attorney’s fees that
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the subject of the partition case involved
the entire estate of the deceased when,
in fact, it covered only 50% thereof.
Wilmar set up the defenses that (1)
Beatriz filed the complaint only to delay
the execution of the judgment ordering
her to pay attorney’s fees and (2) Beatriz
engaged in forum-shopping. Are the
defense of Atty. Wilmar tenable? Explain.
(4%)
SUGGESTED ANSWER:
The defenses of Atty. Wilmar are tenable.
The claim of Beatriz that he lied when he
stated in his claim for attorney’s fees that
the subject of the partition case involved
the entire estate, should have been
raised in the suit for collection filed by
Atty. Wilmar. It is clear that Beatriz is trying
to delay the execution of a final
judgment.
Yes. Beatriz engaged in forum shopping.
There is forum-shopping when as a result
of a decision in one forum, a party seeks
a favorable opinion in another forum
through means other than appeal or
certiorari, raising identical causes of
action, subject matter and issues. There is
identity of subject matter, causes of
action and issues between the civil case
brought by Atty. Wilmar and the
administrative case brought by Beatriz.
xv. Contingency fee arrangements
2002 BAR EXAM QUESTION:
Atty. CJ handled the case for plaintiff GE
against defendant XY in an action for
damages. Judgment was rendered for
plaintiff GE. When a writ of execution was
issued, the sheriff levied on a 400- square
meter lot of defendant XY. Pursuant to
their contingent fee contract, plaintiff GE
executed a deed of assignment in favor

of Atty. CJ of one-half of the lot. Atty. CJ
accepted the assignment.
A. Is the contract for contingent fee
valid? Explain.
SUGGESTED ANSWER:
A. Contract for contingent fee is a
contract wherein the attorney’s fee,
usually a percentage of what may be
recovered In the action, Is made to
depend upon the success of the lawyer
in enforcing or defending his client’s
right. It is a valid contract, unlike a
champertous contract which is invalid
because the lawyer undertakes to
shoulder the expenses of the litigation.
However, the amount of the fee agreed
upon may be reduced by the courts if it
should be unconscionable. Fifty percent
(50%) of what the client might recover
may or may not be unconscionable
depending on the factors to be
considered in determining the
reasonableness of an attorney's fee.
2002, 2010 BAR EXAM QUESTION:
For services to be rendered by Atty.
Delmonico as counsel for Wag Yu in a
case involving 5, 000 square meters
(sq.m.) of land, the two agreed on a
success fee of P50, 000 plus 500 sq.m. of
the land. The trial court rendered
judgment in favor of Wag Yu which
became final and executory. After
receiving P50, 000 Atty. Delmonico
demanded the transfer to him of the
promised 500 sq.m. Instead of
complying, Wag Yu filed an
administrative complaint charging Atty.
Delmonico with violation of the Code of
Professional; Responsibility and Article
1491 (5) of the Civil Code for demanding
the delivery of a portion of the land
subject of litigation. Is Atty. Delmonico
liable under the Code of Professional
Responsibility and the Civil Code?
Explain. (5%)
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SUGGESTED ANSWER:
Atty. Delmonico is not guilty of violation
the Code of Professional Responsibility
and the Civil Code. He and his client
agreed on a success fee of P50, 000 plus
500 sq.m. of the land in the case that he
was handling. This is a contingent fee
contract which is allowed under Canon
20, Rule 20.01 of the Code of Professional
Responsibility and Canon 13 of the Code
of Professional Ethics. A contingent fee
agreement does not violate Art. 1491 of
the Civil Code, because the transfer or
assignment of the property in litigation
takes effect only after the finality of
favorable judgment (Director of Lands v.
Ababa, 88 SCRA 513 [1979]).
xvi. Champertous contracts
BAR EXAM QUESTION:
What is a champertous contract? Is it
valid?
SUGGESTED ANSWER:
A champertous contract is one where
the lawyer agrees to conduct the
litigation on his own account and to pay
the expenses thereof, and to receive as
his fee; a portion of the proceeds of the
judgement. It is contrary to public policy
and invalid because it violates the
fiduciary relationship between the
lawyer and his client (Bautista v.
Gonzales, 182 SCRA 151 (1990). In effect,
he is investing in the case with the
expectation of making profit. The
practice of law is a profession and not a
business. (2000 Bar)
xvii. Attorney’s liens
2000 BAR EXAM QUESTION:
a. Define an attorney's retaining lien.
(2%)

b. G was appointed administratrix of
the estate of her deceased father. She
engaged the services of Atty. H as her
personal counsel to represent her in
court proceedings. G later discharged
the services of Atty. H. Invoking his
retaining lien, Atty. K retained
documents bearing on the estate of the
decedent which were entrusted to him
by G. Is Atty. H’s retention of the
documents justified? Explain.
SUGGESTED ANSWER:
(a) A retaining lien is the right of
an attorney to retain the funds,
documents, and papers of his client
which have lawfully come into his
possession until his lawful fees and
disbursements have been paid, and to
apply such funds to the satisfaction
thereof (Sec. 37, Rule 138, Rules of Court).
(b) The retention of the
documents in this case is not justified.
Atty. H was the personal counsel of G. He
was not the counsel of the estate. The
documents bearing on the estate of the
decedent entrusted by G to him are not
properties of G but of the estate which is
not his client. Atty. H has no right to
exercise a retaining lien over such
documents.
2008 BAR EXAM QUESTION:
The vendor filed a case against the
vendee for the annulment of the sale of
a piece of land. [a] Assume the vendee
obtained a summary judgment against
the vendor. Would the counsel for the
defendant vendee be entitled to
enforce a charging lien? Explain. (4%) [b]
Assume, through the excellent work of
the vendee’s counsel at the pre-trial
conference and his wise use of modes of
discovery, the vendor was compelled to
move for the dismissal of the complaint.
In its order the court simply granted the
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motion. Would your answer be the same
as in question (a)? Explain. (3%)
SUGGESTED ANSWER:
A charging lien, to be enforceable as
security for payment of attorney’s fees,
requires as a condition sine qua non a
judgment for money and execution in
pursuance of such judgment secured in
the main action by the attorney in favor
of his client [Metropolitan Bankv. Court of
Appeals, 181 SCRA 367 [1990]). A
summary judgment against the vendor in
this case only means that his complaint
was dismissed. This is not a judgment for
payment of money, hence, a charging
lien cannot attach. However, if the
judgment should include a money
judgment in favor of the vendee on his
counterclaim, a charging lien can
properly be enforced.
[b] Assume, through the excellent work
of the vendee’s counsel at the pre-trial
conference and his wise use of modes of
discovery, the vendor was compelled to
move for the dismissal of the complaint.
In its order the court simply granted the
motion. Would your answer be the same
as in question (a)? Explain. (3%)
SUGGESTED ANSWER:
My answer will not be the same, because
a dismissal simply on motion of plaintiff to
dismiss will certainly not include a
judgment for a sum of money; hence, no
charging lien can attach.
xviii. Prohibited disclosures and use
2002 BAR EXAM QUESTION:
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 tell B that A
consulted him earlier about the same
case?
SUGGESTED ANSWER:
A. Atty. Z should not accept the case.
When A consulted him about his
complaint against B and C, a lawyer and
client relationship was established
between A and Atty. Z. He cannot
subsequently represent B against A in a
matter he was consulted about. This
constitutes conflict of interest. It does not
matter if Atty. Z is not handling the case
for A.
A. Rule 21.07 of the Code of
Professional Responsibility provides
that a lawyer shall not reveal that he
has been consulted about a
particular case except to avoid
possible conflict of interest. In this
case, he has to reveal to B that he
had been consulted by A on the
case that B if offering to retain his
services, in order to avoid a possible
conflict of interest.
xix. Disclosures, when allowed
2017 BAR EXAM QUESTION:
Atty. Miriam rents her office space in a
building owned by Winston, Eventually,
Atty. Miriam became Winston's regular
legal counsel. Because of their good
relationship, Atty. Miriam did not hesitate
to borrow money from Winston. Atty.
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Miriam issued postdated checks
covering the interest of her loans.
Unfortunately, Atty. Miriam failed to pay
her obligations to Winston. Her
postdated checks with Winston also
bounced. Hence, he filed a criminal
case for violation of the Bouncing
Checks Law against her. In her counter-
affidavit, Atty. Miriam averred that
Winston was "a businessman who is
engaged in the real estate business,
trading and buy and sell of deficiency
taxed imported cars, shark loans and
other shady deals and has many cases
pending in court." Hurt by the allegations,
Winston filed a disbarment complaint
against Atty. Miriam arguing that her
allegations in the counter-affidavit
constituted a breach of their confidential
lawyer-client relationship. Discuss
whether or not the disclosures in Atty.
Miriam's counter affidavit constitute a
breach of fidelity towards her client. (4%)
SUGGESTED ANSWER
The disclosures in Atty. Miriam's affidavit
does not constitute a breach of fidelity
towards her client Winston. Canon 21,
Rule 21.01 of the Code of Professional
Responsibility provides that a lawyer shall
not reveal the confidences or secrets of
his clients except when “necessary to
defend himself, his employee or
associates or by judicial action." By filing
a complaint against his attorney, a client
waives the attorney-client privilege in
favor of his lawyer who may disclose or
use so much of his client's confidences as
may be necessary to protect himself. In
Genato v. Silapan (A.C. No. 4078, July 14,
2003), the Court held that the privilege
against disclosure of confidential
communications or information is limited
only to communications which are
legitimately and properly within the
scope of a lawful employment of a
lawyer; it does not extend to those made
in contemplation of a crime or

perpetuation of a fraud. However, the
disclosures in Atty. Miriam's counter-
affidavit do not seem to be necessary to
protect herself in the criminal case filed
against her.
xx. Withdrawal of services
BAR EXAM QUESTION:
On the eve of the initial hearing for the
reception of evidence for the defense,
the defendant and his counsel had a
conference where the client directed
the lawyer to present as principal
defense witnesses two (2) persons whose
testimonies were personally known to the
lawyer to have been perjured. The
lawyer informed his client that he refused
to go along with the unwarranted course
of action proposed by the defendant.
But the client insisted on his directive, or
else he would not pay the agreed
attorney’s fees.
When the case was called for hearing
the next morning, the lawyer forthwith
moved in open court that he be relieved
as counsel for the defendant. Both the
defendant and the plaintiffs counsel
objected to the motion.
Under the given facts, is the defense
lawyer legally justified in seeking
withdrawal from the case? Why or why
not? Reason briefly. (5%)
SUGGESTED ANSWER:
Yes, he is justified. Under Rule 22.01 of the
Code of Professional Responsibility, a
lawyer may withdraw his services "if the
client insists that the lawyer pursue
conduct violative of these canons and
rules". The insistence of the client that the
lawyer present witnesses whom he
personally knows to have been perjured,
will expose him to criminal and civil
liability and violate his duty of candor,
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fairness and good faith to the court.
[2004 Bar]
BAR EXAM QUESTION: Christine was
appointed counsel de oficio for Zuma,
who was accused of raping his own
daughter. Zuma pleaded not guilty but
thereafter privately admitted to Christine
that he did commit the crime charged.
[c] Can Christine withdraw as counsel of
Zuma should he insist in going to trial?
Explain. (3%)
SUGGESTED ANSWER:
No. Christine cannot withdraw as
counsel of Zuma should he insist in going
to trial. It is Christine’s duty and moral
obligation when she accepted the
assignment as Zuma’s counsel de oficio.
It is not up to her to judge him to be guilty;
that is the responsibility of the court. She
should not ask the court to excuse her
from her responsibility as counsel de
oficio. [2000 & 2002 Bar]
Suspension, Disbarment, and
Discipline of Lawyers
i. Nature and characteristics of
disciplinary actions against lawyers
2014 BAR EXAM QUESTION:
Atty. D was required by Judge H of the
Regional Trial Court (RTC) of Manila to
show cause why he should not be
punished for contempt of court for
shouting invectives at the opposing
counsel and harassing his witness.
Assuming that there was sufficient cause
or ground, may Judge H suspend Atty. D
from the practice of law?
If Judge H finds that the actuations of
Atty. D are grossly unethical and
unbecoming of a member of the bar,

may Judge H disbar Atty. D instead?
Explain your answer.
SUGGESTED ANSWER:
Judge H can suspend Atty. D for gross
misconduct. Under Section 28, Rule 138
of the Rules of Court, the Court of
Appeals and the Regional Trial Court
may suspend an attorney from practice
for any of the causes named in Section
27. It is only the Supreme Court who has
the authority to disbar and/or suspend a
lawyer pursuant to Section 27, Rule 138
and its constitutional power to admit
persons to the practice of law. Hence,
Judge H can only suspend Atty. D for
gross misconduct.
ii. Sui Generis
2002 BAR EXAM QUESTION:
A proceeding for disbarment is
considered sui generis, explain briefly,
giving at least five (5) reasons in support
of your answer.
SUGGESTED ANSWER:
In the case of In Re: Almacen the
Supreme Court provides that disbarment
cases are sui generis because it is neither
criminal nor civil in nature. It does not
involve a trial of an action or a suit, but
rather investigations by the court into the
conduct of its officers. Not being a
criminal case, double jeopardy or
prescription cannot be availed of as a
defense.
It may also be initiated by the Court motu
proprio or by the IBP. Public interest is its
primary objective, and the real question
for determination is whether the attorney
is still a fit person to be allowed the
privileges as such. The rule of in pari
delicto is not applicable and desistance,
settlement, compromise, restitution, or
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withdrawal of the charge does not
interrupt or terminate the proceeding.
iii. Prescription of actions
2004 Bar Examination: Alleging that Atty.
Malibu seduced her when she was only
16 years old, which resulted in her
pregnancy and the birth of a baby girl,
Ms. Magayon filed a complaint for his
disbarment seven years after the alleged
seduction was committed. Atty. Malibu
contended that considering the period
of delay that the complaint was filed, it
can no longer be entertained much less
prosecuted since the offense already
prescribed. Is Atty Malibu's contention
tenable?
No, Atty. Malibu's contention is not
tenable. Disbarment is imprescriptible.
Administrative proceedings against a
lawyer are sui generis, being neither civil
not criminal action. Unlike ordinary
proceedings, it is not subject to the
defense of prescription. The ordinary
statue of limitations has no application to
disbarment proceedings. (Calo v.
Degamo 20 SCRA 1162). The purpose of
such proceedings is not to punish the
individual lawyer but to safeguard the
administration of justice by protecting the
court and the public from the
misconduct of lawyers and to remove
from the profession of law persons whose
disregard of their oath of office proves
them unfit to continue charging the trust
reposed in them as members of the bar.
Hence, Atty. Malibu's defense of
prescription is not tenable.
iv. Grounds
2015 BAR EXAM QUESTION:

What are the grounds for disbarment or
suspension from the office of an
attorney?
SUGGESTED ANSWER: Section 27, Rule 138
of the Rules of Court provides that a
member of the bar may be disbarred or
suspended from his office as attorney by
the Supreme Court for any deceit,
malpractice or other gross misconduct in
such office, grossly immoral conduct, or
by reason of conviction of a crime
involving moral turpitude, or for any
violation of the oath which he is required
to take before admission to practice, or
for a willful disobedience of any lawful
order of a superior court, or for corruptly
or willfully appearing as an attorney for a
party or to a cause without authority so
to do. The practice of soliciting cases for
the purposes of gain, either personally or
through paid agents or brokers
constitutes malpractice.
2002 BAR EXAM QUESTION:
Atty. N had an extramarital affair with O, a
married woman as a result which begot a
child, P. Atty. N admitted paternity of the
child P and undertook support him. On the
basis of this admission, Is Atty. N subjected to
the disciplinary action of the Supreme
Court? Why?
SUGGESTED ANSWER:
Yes, Atty. N is subject to disciplinary
action of the Supreme Court. Sec. 27,
Rule 138 of the Rules of Court provides
that a member of the bar may be
disbarred or suspended from office for
any gross immoral conduct. In this case,
Atty. N exhibited debased morality and
mockery of the sacred institution of
marriage by having an extramarital affair
with a married woman. Such acts are
contrary to justice, decency and
morality. A lawyer is expected to uphold
the highest standard of morality and
integrity in both his public and private
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life. Atty. N also lacks good moral
character which is a condition to remain
in the practice of law. Hence, he is
subjected to the disciplinary action of
the Supreme Court.
v. How Instituted
A disbarment complaint against a
lawyer was referred by the Supreme
Court to a Judge of the Regional Trial
Court for investigation, report and
recommendation. On the date set for
the hearing of the complaint, the Judge
had the case called for trial in open court
and proceeded to receive evidence for
the complainant. What would you have
done if you were the counsel for the
respondent-lawyer? Why? Reason
briefly. (5%)
SUGGESTED ANSWER:
I would object to the holding of a trial in
public. Disciplinary proceedings against
an attorney are confidential in nature
until its termination. The professional
success of a lawyer depends almost
entirely on his good reputation. If that is
tarnished, it is difficult to restore the same
(Ibanez v. Vina, 107 SCRA 607 [1981]). To
avoid the unnecessary ruin of a lawyer’s
name, disbarment proceedings are
directed to be confidential until their final
determination (Sec. 18, Rule 139-B, Rules
of Court).
vi. Proceedings
2004 BAR EXAM QUESTION:
A disbarment complaint against a
lawyer was referred by the Supreme
Court to a Judge of the Regional Trial
Court for investigation, report and
recommendation. On the date set for
the hearing of the complaint, the Judge
had the case called for trial in open court
and proceeded to receive evidence for

the complainant, the Judge receive
evidence for the complaint. What would
you have done if you were the counsel
for the respondent lawyer, why?
SUGGESTED ANSWER:
I would object to the holding of a trial in
public. Sec. 18 Rule 139-B of the Rules of
Court provides that proceedings against
attorneys shall be private and
confidential. However, the final order of
the Supreme Court shall be published like
its decisions in other cases. The
professional success of a lawyer
depends almost entirely on his good
reputation. If that is tarnished, it is difficult
to restore the same. To avoid the
unnecessary ruin of a lawyer's name,
disbarment proceedings are directed to
be confidential until their final
determination.
vii. Discipline of Filipino lawyers who
practice in foreign jurisdictions
2018 BAR EXAM QUESTION:
Atty. Claire Cortez, a member of the
Philippine Bar who was 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 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?
SUGGESTED ANSWER:
Yes, she can, if the ground for which she
was disbarred in New York is also a
ground for disbarment in the Philippines.
But she is entitled to due process, and
she can be disbarred here only after
notice and hearing. The disbarment in
New York will only constitute prima facie
evidence of her guilt (In re: Maquera 435
SCRA 417[2004]).
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Readmission to the Bar
i. Lawyers who have been disbarred
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%)
SUGGESTED ANSWER:
In the case of In Re: Petition for Judicial
Clemency of Romulo L. Ricafort, March
2, 2021, as penned by Senior Justice
Estela M. Perlas-Bernabe, the Court En
Banc laid down the following new
clemency guidelines for reinstatement to
the Bar:
A lawyer who has been disbarred
cannot file a petition for judicial
clemency within a period of five years
from the effective date of his or her
disbarment, unless for the most
compelling reasons based on
extraordinary circumstances, a shorter
period is warranted. (For petitions
already filed at the time of this
Resolution, the Court may dispense with
the five-year minimum requirement and
instead, in the interest of fairness,
proceed with a preliminary evaluation of
the petition in order to determine its
prima facie merit.)
 39

report to the Court, which shall ultimately

Upon the lapse of the said five-year
period, or earlier if so permitted by the
Court, a disbarred lawyer becomes
eligible to file a verified petition for
judicial clemency;
Upon the filing of the verified petition for
clemency, together with its attachments,
the Court shall first conduct a preliminary
evaluation and determine if the same
has prima facie merit based on the
criteria provided for by the Court. -
resolve the clemency petition based on
the facts established in the said report.
The threshold of evidence to be applied
is clear and convincing evidence.
Unless otherwise resolved by the Court
sitting En Banc, these guidelines and
procedure shall apply to pending
petitions for judicial clemency, as well as
to those filed after the promulgation of
this Resolution.

-The petition, together with its supporting Mandatory Continuing Legal

evidence must show on its face that the
following criteria have been met ―
Education
i. Purpose
(a) petitioner has fully complied with the
State the aims and objectives sought to
terms and conditions of all prior
be accomplished by the Mandatory
disciplinary orders, including orders for
Continuing Legal Education (MCLE)
restitution, as well as the five-year period
to file;
SUGGESTED ANSWER:
(b) petitioner recognizes the
“Section 1. Purpose of the MCLE -
wrongfulness and seriousness of the
Continuing legal education is required of
misconduct for which he or she was
members of the Integrated Bar of the
disbarred; and
Philippines (IBP) to ensure that
throughout their career, they keep
(c) notwithstanding the conduct for
abreast with law and jurisprudence,
which the disbarred lawyer was
maintain the ethics of the profession and
disciplined, the disbarred lawyer has the
enhance the standards of the practice
requite integrity and competence to
of law."
practice law.

If the petition has prima facie merit

ii. Compliance
based on the criteria, the Court shall refer
the petition to the Office of the Bar
A. Can a lawyer who lacks the
Confidant (OBC) or any fact-finding
number of units required by the
body the Court so designates in order to
Mandatory Continuing Legal Education
verify the details and the authenticity of
(MCLE) Board continue to practice his
the statements, and the evidence
profession?
attached to the clemency petition. If the
petition fails to show any prima facie
SUGGESTED ANSWER:
merit, it should be denied.
A lawyer who lacks the number of units
required by MCLE cannot continue to
After its investigation, the OBC (or such
practice the legal profession since he is
other fact-finding body designated by
declared as a delinquent member of the
the Court) shall submit its fact-finding

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bar per Resolution of the Supreme Court
dated January 14, 2014, revoking OCA
Circular No. 66-2008.
iii. Exemptions
Atty. Oldie, 80 years old, refuses to pay
his IBP dues. He argues he is a senior
citizen and semi-retired from the
practice of law. Therefore, he should be
exempt from paying IBP dues.
Is his argument correct? 3%
SUGGESTED ANSWER:
Atty. Oldie is not correct. The Senior
Citizen’s Act is not applicable to the IBP
dues, and there is no such thing as a
lawyer, who is semi-retired in the practice
of law (Santos v. Llamas, 322 SCRA 529
[2000]).
For the same reasons, Atty. Oldie also
insists that he should be exempt from the
Mandatory Continuing Legal Education
(MCLE) requirements.
Should he be exempt? 3%
Atty. Oldie is not exempt from the
Mandatory Continuing Legal Education
requirement. The MCLE is required of all
members of the Integrated Bar of the
Philippines. As long as a person is a
member of the IBP, he should comply
with the MCLE requirement.
iv. Sanctions
(a) What are the consequences of non-
compliance with the requirements on
MCLE? (2.5%)
SUGGESTED ANSWER:
The member who failed to comply with
the requirements on MCLE shall be listed
as a Delinquent Member by the IBP
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Board of Governors upon the
recommendation of the committee on
MCLE.
In Bar Matter No. 1922, June 3, 2008 ,
when a member of the bar is declared
as a Delinquent Member, he may still
practice law but all his pleadings
submitted to court may be expunged
from the records since it is required that
practicing members of the Bar to
indicate in all pleadings filed before the
courts or quasi-judicial bodies, the
number and date of issue of their MCLE
Certificate of Compliance or Certificate
of Exemption, as may be applicable.
Notarial Practice
i. Jurisdiction of notary public and place
of notarization
When can Judges of the Municipal Trial
Courts (MTC) and Municipal Circuit Trial
Courts (MCTC) perform the function of
notaries public ex officio, even if the
notarization of the documents are not in
connection with the exercise of their
official functions and duties? (5%)
SUGGESTED ANSWER:
MTC and MCTC judges assigned to
municipalities of circuits with no lawyers
or notaries public may, in their capacity
as notary public ex-officio perform any
act within the competency of a regular
notary public, provide that:
1. all notarial fee charged be for the
account of the government and
turned over to the municipal
treasurer (Lapeha v. Marcos, Adm.
Matter No. 1969- MJ) and (2)
certification be made in the
notarized documents attesting to the

lack of any lawyer or notary public in
such municipality or circuit (Abadilla
v. Tabiliran, Jr., Adm. Matter MTC-92-
716).
ii. Competent Evidence of Identity
Atty. A, a duly licensed notary public, has
maintained several notarial registers in his
separate offices to cater to the needs of
his clients and accommodate their
growing number. Due to Atty. A's busy
schedule, Atty. A's secretary would
usually perform the notarial acts on his
behalf.
Sometime in April 2017, Mrs. B, an
Overseas Filipino Worker staying in
Singapore, sought the legal services of
Atty. A for the nullification of her
marriage. Consequently, Atty. A drafted
a petition with verification which was
sent from his law office in Manila to
Singapore for the signature of Mrs. B,
who, after signing the same, sent it back
to Atty. A. When the document arrived in
Atty. A's office, his secretary, as per usual
practice, notarized the signed
document upon Atty. A's instruction.
(c) What does the phrase "competent
evidence of identity" refer to under the
Rules on Notarial Practice? (3%)
SUGGESTED ANSWER:
Competent evidence of identity under
the Rules on Notarial Practice refers to
the identification of individuals based on
at least one (1) current identification
document issued by an official agency
bearing the photograph and signature
of the individual, or the oath or
affirmation of one credible witness not
privy to the document who is personally
known to the notary public and who
personally knows the individual, or of two
Centralized Bar Operations 2021
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credible witnesses neither of whom is
privy to the document who each
personally knows the individual and
shows to the notary public documentary
identification (Documentary
identification)
iii. Sanctions
Atty. A, a duly licensed notary public, has
maintained several notarial registers in his
separate offices in order to cater to the
needs of his clients and accommodate
their growing number. Due to Atty. A's
busy schedule, Atty. A's secretary would
usually perform the notarial acts on his
behalf.
Sometime in April 2017, Mrs. B, an
Overseas Filipino Worker staying in
Singapore, sought the legal services of
Atty. A for the nullification of her
marriage. Consequently, Atty. A drafted
a petition with verification which was
sent from his law office in Manila to
Singapore for the signature of Mrs. B,
who, after signing the same, sent it back
to Atty. A. When the document arrived in
Atty. A's office, his secretary, as per usual
practice, notarized the signed
document upon Atty. A's instruction.
(a) Name at least two (2) violations of the
Rules on Notarial Practice committed by
Atty. A. (3%)
SUGGESTED ANSWERS:
Atty. A violated Rule IV Section 2(b)(1) of
the Rules on Notarial Practice which
stated that a person shall not perform a
notarial act if the person involved as a
signatory to the instrument or document
is not in the notary’s presence personally
at the time of the notarization. In the
case of Orola vs. Atty. Baribar (A.C. No.
6927, March 14, 2018) the Supreme Court
stated that a notary public should not

notarize a document unless the persons
who signed the same are the very same
persons who executed and personally
appeared before him. Here, Atty. A did
not personally witness Mrs. B’s act of
signing the petition with verification
because the latter was in Singapore.
Moreover, he violated Rule IV Section
2(b)(2) of the Rules on Notarial Practice
which stated that a person shall not
perform a notarial act if the person
involved as a signatory to the instrument
or document is not personally known to
the notary public or otherwise identified
by the notary public through competent
evidence of identity as defined by these
Rules. Under this law, a client who is not
personally known to the lawyer must
show proof of his or her identification. This
requirement can be dispensed with if the
client is personally known to the lawyer
such as a relative. However, there is no
proof that Mrs. B was personally known to
Atty. A, hence, notarizing the document
despite her failure to present proof of her
identity is considered as a violation of this
provision.
(b) May Atty. A be also held liable under
the Code of Professional Responsibility
for the same infractions committed by
him as a notary public? Explain. (2%)
SUGGESTED ANSWER:
Atty. A may be held liable for violating
Canon 9 of the Code of Professional
Responsibility. In the case of Angeles vs.
Bagay (A.C. No. 8103, 3 December
2014), the Supreme Court explained that
lawyers should not directly or indirectly
assist in the unauthorized practice of law.
Here, Atty. A’s act of allowing his
secretary to sign on his behalf as notary
public constitutes negligence because
he allowed an unauthorized person to
practice law.
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Furthermore, Atty. A also violated Canon
7 of the Code of Professional
Responsibility which directs every lawyer
to uphold at all times the integrity and
dignity of the legal profession. In this
case, the client is clueless on the illegality
of the activity being conducted therein.
The clients expect that their documents
will be notarized but instead, they later
found out that the notarization of their
documents was a mere sham and
without any force and effect. By
prejudicing the persons whose
documents were notarized by an
unauthorized person, their faith in the
integrity and dignity of the legal
profession was eroded.
Duties of Lawyers under Specific
Provisions in the Rules of Court
i. Contempt
For his failure to appear for trial despite
notice. Atty. Umali was summarily
pronounced guilty of direct contempt
and was fined P10.000.00 by the Judge.
Is the Judge correct? (5%)
SUGGESTED ANSWER:
The judge is not correct. A lawyer who
fails to appear for trial is only liable for
indirect contempt, which cannot be
punished summarily. (People v. Torio, 118
SCRA 14; Atty. Himiniano D. Silva v. Judge
German G. Lee, 169 SCRA 512).
When Atty. Aldrin received copy of the
decision of the Court of Appeals, he filed
a motion for reconsideration using
intemperate and disrespectful language
with a subtle threat that “knowingly
rendering an unjust judgment is
punishable under the Revised Penal
Code." The Court of Appeals ordered
him to explain why he should not be

cited in contempt of court. Instead of
complying, he submitted to the Court of
Appeals his Petition to Retire from the
practice of law which he immediately
filed with the Supreme Court after
receiving the citation for contempt. May
he be allowed to retire from the practice
of law? [5%]
SUGGESTED ANSWER:
No. “A practicing lawyer and officer of
the court facing contempt proceedings
cannot just be allowed to voluntarily
retire from the practice of law which
would negate the inherent power of the
court to punish him for contempt**
(Montecillo v. Gica, 60 SCRA 234).
ii. Attorney-Client Privilege
During a drinking spree with Ally.
Holgado Who has always been his
counsel in business deals, Simon
bragged about his recent sexual
adventures with socialites known for their
expensive tastes. When Ally. Holgado
asked Simon how he manages to
finance his escapades, the latter
answered that he has been using the
bank deposits of rich clients of Banco
Filipino where he works as manager. Is
Simon’s revelation to Atty. Holgado
covered by the attorney-client privilege?
5%
SUGGESTED ANSWER:
Simon’s revelation to Atty. Holgado is not
covered by the lawyer-client privilege. In
the first place, it was not made on
account of a lawyer-client relationship,
that is, it was not made for the purpose
of seeking legal advice. In the second
place, it was not made in confidence.
(Mercado v. Vitriolo, 459 SCRA 1 [2005]).
In the third place, the attorney-client
privilege does not cover information
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concerning a crime or a fraud being
committed or proposed to be
committed.
iii. Disqualification of judicial officers/
inhibition
2010 BAR EXAM QUESTION:
Rebecca’s complaint was raffled to the
sala of Judge A. Rebecca is a daughter
of Judge A’s wife by a previous
marriage. This is known to the defendant
who does not, however, file a motion to
inhibit the Judge. Is the Judge justified in
not inhibiting himself from the case? (3%)
SUGGESTED ANSWER:
The judge is not justified in not inhibiting
himself. It is mandatory for him to inhibit if
he is related to any of the parties by
consanguinity or affiant within the sixth
civil degree (Sec. 3 [f] Canon 3, New
Code of Judicial Conduct for the
Philippine Judiciary). Judge A, being the
stepfather of Rebecca, is related to her
by affinity by just one degree. “Judges
shall disqualify themselves from
participating in any proceeding in which
they are unable to decide the matter
impartially or in which it may appear to a
reasonable observer that they are
unable to decide the matter impartially”
(Id., Sec. 5, Canon 3). The fact that
Rebecca is a daughter of Judge A’s wife
is liable to make a reasonable observer
doubt his impartially.
iv. Withdrawal from case
2004 BAR EXAM QUESTION:
On the eve of the initial hearing for the
reception of evidence for the defense,
the defendant and his counsel had a
conference where the client directed
the lawyer to present as principal
defense witnesses two (2) persons whose

testimonies were personally known to the
lawyer to have been perjured. The
lawyer informed his client that he refused
to go along with the unwarranted course
of action proposed by the defendant.
But the client insisted on his directive, or
else he would not pay the agreed
attorney’s fees. When the case was
called for hearing the next morning, the
lawyer forthwith moved in open court
that he be relieved as counsel for the
defendant. Both the defendant and the
plaintiffs counsel objected to the motion.
Under the given facts, is the defense
lawyer legally justified in seeking
withdrawal from the case? Why or why
not? Reason briefly. (5%) SUGGESTED
ANSWER: Yes, he is justified. Under Rule
22.01 of the Code of Professional
Responsibility, a lawyer may withdraw his
services "if the client insists that the lawyer
pursue conduct violative of these
canons and rules". The insistence of the
client that the lawyer present witnesses
whom he personally knows to have been
perjured, will expose him to criminal and
civil liability and violate his duty of
candor, fairness and good faith to the
court. Was the motion for relief as
counsel made by the defense lawyer in
full accord with the procedural
requirements for a lawyer’s withdrawal
from a court case? Explain briefly. (5%)
SUGGESTED ANSWER:
No, his actuation is not in accord with the
procedural requirements for the lawyer’s
withdrawal from a court case. Whether
or not a lawyer has a valid cause to
withdraw from a case, he cannot just do
so and leave the client in the cold
unprotected. He must serve a copy of his
petition upon the client and the adverse
party. He should, moreover, present his
petition well in advance of the trial of the
action to enable the client to secure the
services of another lawyer.
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Judicial Ethics
i. New Code of Judicial Conduct for the
Philippine Judiciary
2009 BAR EXAM QUESTION:
The Bangalore Draft, approved at a
Roundtable Meeting of Chief Justices
held at The Hague, is now the New Code
of Judicial Conduct in the Philippines.
SUGGESTED ANSWER:
TRUE. The “whereas” clause of the New
Code of Judicial Conduct in the
Philippines provides that the Bangalore
Draft of the Code of Judicial Conduct is
intended to be a Universal Declaration of
Judicial Standards applicable in all
judiciaries. As such, it was adopted by
the Supreme Court as its Code of Judicial
Conduct, in solidarity with other
jurisdictions in the world.
2010 BAR EXAM QUESTION:
Reacting to newspaper articles and
verbal complaints on alleged rampant
sale of Temporary Restraining orders by
Judge X, the Supreme Court ordered a
discreet investigation by the Office of the
Court Administrator. Judges in the place
where Judge X is assigned confirmed the
complaints.
What administrative charge/s may be
leveled against Judge X? Explain. (3%)
SUGGESTED ANSWER:
He could be charged with Gross
Misconduct, arising from violations of the
Anti-Graft and Corrupt Practices Act
(R.A. No. 3019). He could also be
charged with violations of Canon 4,
Section 13 of the New Code of Judicial
Conduct for the Philippine Judiciary
which provides that “judges and

members of their families shall neither ask
for, not accept, any gift, bequest, loan or
favor in relation to anything done or to
be done or omitted to be done by him or
her in connection with the performance
of judicial duties.”
What defenses can Judge X raise in
avoidance of any liability? (2%)
SUGGESTED ANSWER:
He could raise the defense of hearsay
evidence, lack of substantive evidence,
and denial of due process.
ii. Code of Judicial Conduct
2002 BAR EXAM QUESTION:
In an extrajudicial settlement of the
estate of the late Juan Mayaman, the
heirs requested Judge Maawain, a
family friend, to go over the document
prepared by a new lawyer before they
signed it. Judge Maawain agreed and
even acted as an instrumental witness.
Did Judge Maawain engage in the
unauthorized practice of law? Why? (5%)
SUGGESTED ANSWER:
Section 35, Rule 138 of the Revised Rules
of Court and Rule 5.07 of the Code of
Judicial Conduct prohibit a judge from
engaging in the private practice of law
as a member of the bar or giving
professional advice to clients. In the case
of De Castro v. Capulong, 118 SCRA 5
(1882), the Supreme Court held that a
judge who merely acted as a witness to
a document and who explained to the
party waiving his rights of redemption
over mortgaged properties and the
consequences thereof, does not
engage himself in the practice of law.
This appears to be more applicable to
the case of Judge Maawain. He did not
give professional advice in anticipation
of litigation. He was just asked to review
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a deed of extrajudicial settlement of the
estate. He signed merely as an
instrumental witness and not as a legal
counsel. Besides, his act was an isolated
act.
2002 BAR EXAM QUESTION:
The family of Judge Matrabaho owns a
small department store. With his
knowledge, an employee of the store
posted on the bulletin board of his court
an ad for job openings informing the
public that applications must be filed in
the office of the judge. For this purpose,
the applicants would also be
interviewed therein. Is the judge liable for
misconduct? Explain. (5%)
SUGGESTED ANSWER:
The judge is liable for misconduct. In the
case of Dionisio v. Escano, 302 SCRA 411
(1999), the Supreme Court held that the
acts of posting advertisements for
restaurant personnel on the court bulletin
board, using his court address to receive
applications, and of screening
applicants in his court, constitute
involvement in private business and
improper use of court facilities for the
promotion of family business in violation
of the Code of Judicial Conduct. The
restriction enshrined in Rules 5.02 and
5.03 of the Code of Judicial Conduct on
judges with regard to their own business
interests is based on the possible
interference which may be created by
these business involvements in the
exercise of their judicial duties which
tend to corrode the respect and dignity
of the courts as the bastion of justice.
Judges must not allow themselves to be
distracted from the performance of their
judicial tasks by other lawful enterprises.
2010 BAR EXAM QUESTION:
On the proposal of Judge G, which was
accepted, he and his family donated a

lot to the city of Gyoza on the condition
that a public transport terminal would be
constructed thereon. The donation was
accepted and the condition was
complied with. The family-owned tracts
of land in the vicinity of the donated lot
suddenly appreciated in value and
became commercially viable as in fact
a restaurant and a hotel were soon after
built. Did the Judge commit any violation
of the Code of Judicial Conduct? (2%)
SUGGESTED ANSWER:
In Salunday v. Labitoria (A.M. No. CA-01-
31, July 25, 2002, 385 SCRA 200), the
Supreme Court held that the act of
Justice Eugenio S. Labitoria of
recommending the construction of a Hall
of Justice in a parcel of land close to a
hotel owned by a corporation of which
his wife was a stockholder, was not
improper because “there is no clear
indication that in recommending the
Ranada property, the respondent was
impelled by a desire to benefit
financially”.
In the instant case, it seems clear that the
judge and his family were principally
motivated by the anticipated increase in
the value of their property as a
consequence of the donation of a lot for
the construction of a transport facility. He
may, thereby, be held liable for violating
Section 8, Canon 4 of the New Code of
Conduct for the Philippine Judiciary
which provides that “judges shall not use
or lend the prestige of the judicial office
to advance their private interests, or
those of a member of their family or of
anyone else, nor shall they convey or
permit others to convey the impression
that anyone is in a special position
improperly to influence them in the
performance of judicial duties”.
iii. Independence
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2007 BAR EXAM QUESTION:
A and B are accused of Estafa by C, the
wife of Regional Trial Court Judge D.
Judge D testified as a witness for the
prosecution in the Estafa case. Did
Judge D commit an act of impropriety?
Give reasons for your answer. (5%)
What qualities should an ideal judge
possess under the New Code of Judicial
Conduct for the Philippine Judiciary?
(5%)
SUGGESTED ANSWER:
If the testimony of Judge D is essential for
the prosecution of the Estafa case
brought by his wife, it is not improper for
him to testify. But if it is not essential, as it
does not appear to be so, his act of
testifying will be improper.
Section 3, Canon 1, of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “judges shall
refrain from influencing in any manner
the outcome of litigation or dispute
pending before another court of
administrative agency.” Section 8,
Canon 4, of the same Code provides
that “judges shall not use nor lend the
prestige of the judicial office to advance
their private interests, or those of a
member of their family or of anyone else,
nor shall they convey or permit others to
convey the impression that anyone is in
a special position improperly to influence
them in the performance of judicial will
convey the impression that he is trying to
influence the presiding judge.
The qualities required of judges by the
New Code of Judicial Conduct for the
Philippine-Judiciary are Independence
(Canon 1), Integrity (Canon 2),
Impartiality (Canon 3), Propriety (Canon

4), Equality (Canon 5), and Competence
and Diligence (Canon 6).
2010 BAR EXAM QUESTION:
Judges of the first and second level
courts are allowed to receive assistance
from the local government units where
they are stationed. The assistance could
be in the form of equipment or
allowance.
Justices at the Court of Appeals in the
regional stations in the Visayas and
Mindanao are not necessarily residents
there, hence, they incur additional
expenses for their
accommodations.
Pass on the propriety of the Justices’
receipt of assistance/allowance from
the local governments. (3%)
SUGGESTED ANSWER:
In the cases of Dadole v. Commission on
Audit 393 SCRA 262 [2002]), and Leynes
v. Commission on Audit (418 SCRA 180
[2003]), the Supreme Court has upheld
the grant of allowances by local
government units (LGU) to “judges,
prosecutors, public elementary and high
school teachers, and other national
government officials” stationed in or
assigned to the locality pursuant to
Sections 447(a)(l)(xi), 458(a)(l)(xi) and
468(a)(l)(xi) of Republic Act No. 7160,
otherwise known as the Local
Government Code. The Supreme Court
held that “to rule against the power of
the LGUs to grant allowances to judges
.... will subvert the principle of local
autonomy zealously guaranteed by the
Constitution.” Hence, it is not improper
for judges and justices to receive
allowances from local government units,
since it is allowed by law for LGUs to give
the same.
ALTERNATIVE ANSWER:
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Section 5, Canon I of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “judges shall be
free from inappropriate connections
with, and influenced by, the executive
and legislative branches of the
government, and must also appear to
be free therefrom to a reasonable
extent.” It is a common perception that
the receipt of allowances or assistance
from a local government unit may affect
the judge’s ability to rule independently
in cases involving the said unit.
iv. Integrity
2014 BAR EXAM QUESTION:
Justice B of the Court of Appeals (CA)
was a former Regional Trial Court (RTC)
Judge. A case which he heard as a trial
judge was raffled off to him. The
appellant sought his disqualification from
the case but he refused on the ground
that he was not the judge who decided
the case as he was already promoted to
the appellate court before he could
decide the case. Was the refusal of
Justice B to recuse from the case proper?
Explain your answer. (5%)
SUGGESTED ANSWER:
Justice B's refusal to recuse is not proper.
After hearing the evidence during the
trial when he was still a judge, he has
personal knowledge of the disputed
evidentiary facts concerning the
proceedings. The standard under the
New Code of Judicial Conduct on the
inability of Justice B to decide the matter
impartially is not in him but
the appearance of the disqualification
of Justice D to a reasonable observer
that he is unable to decide the matter
impartially. The conduct of a
judge/justice should not only be above
reproach but it should be also perceived
to be so in the view of a reasonable

observer (Canon 2, Integrity, New Code
of Judicial Conduct).
v. Impartiality
1999 BAR EXAM QUESTION:
In a case before him, it was the son of
Municipal Trial Court Judge X who
appeared as counsel for the plaintiff.
After the proceeding, Judgment was
rendered in favor of the plaintiff and
against the defendant. B. the defendant
in the case, complained against Judge X
for not disqualifying himself in hearing
and deciding the case. In his defense.
Judge X alleged that he did not
disqualify himself in the case because
the defendant never sought his
disqualification. Is Judge X liable for
misconduct in office? (5%)
SUGGESTED ANSWER:
Judge X is liable for misconduct in office.
Rule 3.12 of the Code of Judicial
Conduct provides that a judge should
take no part in a proceeding where his
impartiality might reasonably be
questioned. In fact, it is mandatory for
him to inhibit or disqualify himself if he is
related by consanguinity or affinity to a
party litigant within the sixth degree or to
counsel within the fourth degree
(Hurtado v. Jurdalena, 84 SCRA 41). He
need not wait for a motion of the parties
in order to disqualify himself.
2003 BAR EXAM QUESTION:
Following a protracted trial, a case was
submitted for decision. The Presiding
Judge then asked the counsel of each
party to prepare and submit to the court
their respective memoranda in decision
form, the idea being that the Judge
would then choose which, between the
two, he will adopt as his own decision.
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Did the judge commit an infraction
warranting disciplinary action?
SUGGESTED ANSWER:
Yes, the judge committed an infraction
warranting disciplinary action.
In the case of Heinz R. Heck v. Judge
Anthony E. Santos, A.M. No. RTJ-01-1630,
April 9, 2003, the Supreme Court held
that the respondent judge’s order for the
counsel of one of the parties to draft the
decision and his adoption verbatim of
the draft clearly violate Canon 2 of the
Code of Judicial Conduct (“A Judge
should avoid impropriety and the
appearance of impropriety in all
activities) and Canon 3 of the same
Code (A Judge should perform official
duties honestly and with impartiality and
diligence adjudicative responsibilities”),
in relation to Section 1, Rule 36 of the
Revised Rules of Court which provides
that “a judgment or final order
determining the merits of the case shall
be in writing, personally and directly
prepared by the judge, stating clearly
the facts and the law on which it is
based.” The Court added: “By such
order, respondent abdicated a function
exclusively granted to him by no less than
the fundamental law of the land. It is
axiomatic that decision-making, among
other duties, is the primordial and most
important duty of a member of the
bench. He must use his own
perceptiveness in understanding and
analyzing the evidence presented
before him and his own discernment
when determining the proper action,
resolution or decision. Delegating to a
counsel of one of the parties the
preparation of a decision and parroting
it verbatim reflect blatant judicial sloth.”
2007 BAR EXAM QUESTION:

A. A and B are accused of Estafa by
C, the wife of Regional Trial Court Judge
D. Judge D testified as a witness for the
prosecution in the Estafa case. Did
Judge D commit an act of impropriety?
Give reasons for your answer. (5%)
B. What qualities should an ideal judge
possess under the New Code of
Judicial Conduct for the Philippine
Judiciary? (5%)
SUGGESTED ANSWER:
A. If the testimony of Judge D is
essential for the prosecution of the estafa
case brought by his wife, it is not
improper for him to testify. But if it is not
essential, as it does not appear to be so,
his act of testifying will be improper.
Section 3, Canon 1, of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “judges shall
refrain from influencing in any manner
the outcome of litigation or dispute
pending before another court of
administrative agency.” Section 8,
Canon 4, of the same Code provides
that “judges shall not use nor lend the
prestige of the judicial office to advance
their private interests, or those of a
member of their family or of anyone else,
nor shall they convey or permit others to
convey the impression that anyone is in
a special position improperly to influence
them in the performance of judicial will
convey the impression that he is trying to
influence the presiding judge.
B. The qualities required of judges by the
New Code of Judicial Conduct for
the Philippine-Judiciary are
Independence (Canon 1), Integrity
(Canon 2), Impartiality (Canon 3),
Propriety (Canon 4) , Equality (Canon
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5), and Competence and Diligence
(Canon 6).
2010 BAR EXAM QUESTION:
Judges of the first and second level
courts are allowed to receive assistance
from the local government units where
they are stationed. The assistance could
be in the form of equipment or
allowance.
Justices at the Court of Appeals in the
regional stations in the Visayas and
Mindanao are not necessarily residents
there, hence, they incur additional
expenses for their
accommodations.
Pass on the propriety of the Justices’
receipt of assistance/allowance from
the local governments. (3%)
SUGGESTED ANSWER:
In the cases of Dadole v. Commission on
Audit 393 SCRA 262 [2002]), and Leynes
v. Commission on Audit (418 SCRA 180
[2003]), the Supreme Court has upheld
the grant of allowances by local
government units (LGU) to “judges,
prosecutors, public elementary and high
school teachers, and other national
government officials” stationed in or
assigned to the locality pursuant to
Sections 447(a)(l)(xi), 458(a)(l)(xi) and
468(a)(l)(xi) of Republic Act No. 7160,
otherwise known as the Local
Government Code. The Supreme Court
held that “to rule against the power of
the LGUs to grant allowances to judges
.... will subvert the principle of local
autonomy zealously guaranteed by the
Constitution.” Hence, it is not improper
for judges and justices to receive
allowances from local government units,
since it is allowed by law for LGUs to give
the same.
ALTERNATIVE ANSWER:

Section 5, Canon I of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “judges shall be
free from inappropriate connections
with, and influenced by, the executive
and legislative branches of the
government, and must also appear to
be free therefrom to a reasonable
extent.” It is a common perception that
the receipt of allowances or assistance
from a local government unit may affect
the judge’s ability to rule independently
in cases involving the said unit.
vi. Propriety
2010 BAR EXAM QUESTION:
Rico, an amiable, sociable lawyer, owns
a share in Marina Golf Club, easily one of
the posher golf courses. He relishes
hosting parties for government officials
and members of the bench. One day, he
had a chance meeting with a judge in
the Intramuros golf course. The two
readily got along well and had since
been regularly playing golf together at
the Marina Golf Club.
How about the members of the bench,
who grace the parties of Rico, are they
violating the Code of Judicial Conduct?
Explain. (3%)
SUGGESTED ANSWER:
Members of the bench who grace the
parties of Atty. Rico would be guilty of
violating Sec. 3, Canon 4 of the New
Code of Judicial Conduct for the
Philippine Judiciary which provides that
“judges shall, in their personal relations
with individual members of the legal
profession who practice regularly in their
court, avoid situations which might
reasonably give rise to the suspicion or
appearance of favoritism or partiality”. It
has been held that “if a judge is seen
eating and drinking in public places with
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a lawyer who has cases pending in hi or
her sala, public suspicion may be
aroused, thus tending to erode the trust
of litigants in the impartiality of the judge”
(Padilla v. Zantua, 237 SCRA 670 [1994]).
But if Atty. Rico is not a practicing lawyer,
such suspicion may not be aroused.
2019 BAR QUESTION:
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%)
SUGGESTED ANSWER:
Judge B and his family went on vacation
to an island resort in Coron, Palawan.
One night, he was photographed by a
local boatman who witnessed him
appearing very drunk and in the act of
dancing naked by the seashore. The
photos were uploaded to a social media
site and became viral.
May Judge B be subjected to any
disciplinary sanctions? Explain. (3%)
SUGGESTED ANSWER:
Yes. Judge B may be disciplined for
violating The New Code of Judicial
Ethics. According to the case of
Lorenzana vs. Austria, Judges must bear
in mind that what they show on social
media, regardless of whether it is a
personal matter or part of his or her
judicial duties, creates and contributes
to the people’s opinion not only of the
judge, but of the entire judiciary as well.

She placed herself in a situation where
she may be the object of the public’s
criticism and ridicule. According to
Anonymous Complaint vs. Presiding
Judge Dagala, a Judge’s official life
cannot simply be detached or
separated from his personal existence.
Here, Judge B failed to exercise
propriety, a Judge must conduct himself
in a manner which is appropriate,
whether in his public or private life.
vii. Equality
2010 BAR EXAM QUESTION:
Judge X was invited to be a guest
speaker during, the annual convention
of a private organization which was
covered by media Since he was given
the liberty to speak on any topic, he
discussed the recent decision of the
Supreme Court declaring that the
President is not, under the Constitution,
proscribed from appointing a Chief
Justice within two months before the
election.
In his speech, the judge demurred to the
Supreme Court decision and even
stressed that the decision is a serious
violation of the Constitution.
A. Did Judge X incur any
administrative liability? Explain. (3%)
SUGGESTED ANSWER:
He did not incur administrative liability.
Sec. 4, Canon 4 of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “[Judges, like any
other citizen, are entitled to freedom of
expression, belief, association and
assembly, but in exercising such rights,
they shall always conduct themselves in
such a manner as to preserve the dignity
of the judicial office and the impartiality
and independence of the judiciary.”
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B. If instead of ventilating his opinion
before the private organization,
Judge X incorporated it, as an obiter
dictum, in one of his decisions, did he
incur any administrative liability?
Explain. (3%)
SUGGESTED ANSWER:
In deciding cases, a judge is supposed to
be faithful to the law, which includes
decisions of the Supreme Court. If he
feels that a doctrine enunciated by the
Supreme Court is against his way of
reasoning or his conscience, he may
state his personal opinion on the matter
but should decide the case in
accordance with the law or doctrine
and not with his personal views (Garcia
v. Burgos, 291 ASCRA 546 [1998]). The
fact that Judge X ventilated his personal
opinion merely as an obiter dictum
indicates that he did not decide the
case in accordance with his personal
opinion. But, still, it undermines the
authority of the Supreme Court, and he
may incur administrative liability for it.
viii. Administrative Jurisdiction over
Judges and Justices
2010 BAR EXAM QUESTION:
Judge X was invited to be a guest
speaker during, the annual convention
of a private organization which was
covered by media Since he was given
the liberty to speak on any topic, he
discussed the recent decision of the
Supreme Court declaring that the
President is not, under the Constitution,
proscribed from appointing a Chief
Justice within two months before the
election.
In his speech, the judge demurred to the
Supreme Court decision and even

stressed that the decision is a serious
violation of the Constitution.
Did Judge X incur any administrative
liability? Explain. (3%)
SUGGESTED ANSWER:
He did not incur administrative liability.
Sec. 4, Canon 4 of the New Code of
Judicial Conduct for the Philippine
Judiciary provides that “[Judges, like any
other citizen, are entitled to freedom of
expression, belief, association and
assembly, but in exercising such rights,
they shall always conduct themselves in
such a manner as to preserve the dignity
of the judicial office and the impartiality
and independence of the judiciary.”
If instead of ventilating his opinion before
the private organization, Judge X
incorporated it, as an obiter dictum, in
one of his decisions, did he incur any
administrative liability? Explain. (3%)
SUGGESTED ANSWER:
In deciding cases, a judge is supposed to
be faithful to the law, which includes
decisions of the Supreme Court. If he
feels that a doctrine enunciated by the
Supreme Court is against his way of
reasoning or his conscience, he may
state his personal opinion on the matter
but should decide the case in
accordance with the law or doctrine
and not with his personal views (Garcia
v. Burgos, 291 ASCRA 546 [1998]). The
fact that Judge X ventilated his personal
opinion merely as an obiter dictum
indicates that he did not decide the
case in accordance with his personal
opinion. But, still, it undermines the
authority of the Supreme Court, and he
may incur administrative liability for it.
ix. Disqualification of Judicial officers
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2008 BAR QUESTION:
Atty. Abigail filed administrative cases
before the Supreme Court against Judge
Luis. Thereafter, Atty. Abigail filed a
Motion for Inhibition praying that Judge
Luis inhibit himself from trying, hearing or
in any manner acting on all cases, civil
and criminal, in which Atty. Abigail is
involved and handling. Should Judge
Luis inhibit himself as prayed for by Atty.
Abigail? Explain fully. (6%)
SUGGESTED ANSWER:
Judge Luis should not inhibit himself. The
mere filing of an administrative case
against a judge is not a ground for
disqualification on the ground of bias
and prejudice (Aparicio v. Andal, 175
SCRA 569 [1989]; Medina v. De Guia, 219
SCRA 153 [1993]; Mantaring v. Roman,
Jr., 254 SCRA 158 [1996]).
2019 BAR QUESTION:
(a) Distinguish compulsory from voluntary
inhibition of judges. (3%)
SUGGESTED ANSWER: According to Rule
137 of the Rules of Court, Compulsory
disqualification leaves the Judge no
choice but to withdraw from the case,
unless all the parties consent to the
Judge’s continued participation. In
Voluntary inhibition, A Judge may
exercise sound discretion of conscience
to inhibit himself from the case brought
before him.
(b) State at least two (2) instances when
a judge must compulsorily inhibit from a
case. (3%)
SUGGESTED ANSWER: According to Rule
137, a Judge must compulsorily inhibit
himself from a case when:
His wife or child is Pecuniarily interested
as heir, legatee, creditor, or otherwise in
the case.

He is related to either party within the 6th
degree of consanguinity or affinity or to
counsel within the 4th civil degree.
He has been an Executor, Guardian,
Administrator, Trustee, or Counsel in this
case.
He has presided in an inferior court where
his ruling or decision is subject to review.
x. Compulsory
2008 BAR EXAM QUESTION:
State, with a brief explanation, whether
the judge concerned may be
sanctioned for the conduct stated
below.
[a] Refusing to inhibit himself although
one of the lawyers in the case is his
second cousin. (3%)
SUGGESTED ANSWER:
One of the mandatory grounds for
inhibition of a judge is when he is related
to any of the lawyers handling a case
before him within the fourth civil degree
of consanguinity or affinity. (Sec. 5 [f],
New Code of Judicial Conduct, Section
1, Rule 137, Rules of Court). A second
cousin of a judge is his relative within the
sixth degree, hence, he may not be
sanctioned for not inhibiting on such
grounds.
[b] Deciding a case in accordance with
a Supreme Court ruling but adding that
he does not agree with the ruling. (3%)
SUGGESTED ANSWER:
There is nothing wrong with such
conduct. In fact, in Santos, 50 O.G. 3546,
cited in Vivo v. Cloribel (18 SCRA 713
[1966]) and Albert v. CFI of Manila, Br. VI
(23 SCRA 948 [1968]), the Supreme Court
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ruled that if a judge of a lower court feels
that a decision of the Supreme Court is
against his way of reasoning or against
his conscience, he may state his opinion,
but apply the law in accordance with
the interpretation of the Supreme Court.
[c] Dictating his decision in open court
immediately after trial. (3%)
SUGGESTED ANSWER:
There is no rule prohibiting such conduct,
especially in simple cases such as when
an accused pleads guilty to an
Information for a minor offense. But in
complex and serious cases, such
conduct maybe considered improper,
and the judge accused of arriving at
hasty decisions. In the case of People v.
Eleuterio (173 SCRA 243 [1989]), the
Supreme Court criticized the same
conduct of the judge in the following
words:
The Court agrees, however, that Judge
Enrique Agana was exceptionally
careless, if not deliberately high-handed,
when he immediately after the trial
dictated his decision in open court. One
may well suspect that he had prejudged
the case and had a prepared decision
to foist upon the accused even the
submission of the case. And what is worse
is that the decision was wrong.
xi. Voluntary
2019 BAR QUESTION:
While driving on his way to court, Judge
D personally witnessed a vehicular
accident between a motorcycle and a
car. Subsequently, a criminal case arising
from said accident was raffled to his
court. Should Judge D inhibit this case?
Explain. (3%)
SUGGESTED ANSWER:

Yes. Judge D should voluntarily inhibit
himself from this criminal case.
According to Spouses Hizon vs. Spouses
Mangahas, no Judge should handle a
case in which he might be perceived,
rightly or wrongly, to be susceptible to
bias and partiality. Here, Judge D, in his
sound discretion and conscience, should
inhibit himself since he is a witness to the
accident, therefore he has his own
personal view of what transpired, which
is not based on evidence.
Discipline of Members of the
Judiciary
Grounds
1998 BAR EXAM QUESTION:
Judge C was appointed MTC Judge in
1993. Subsequently. the Judicial and Bar
Council received information that
previously he had been dismissed as
Assistant City Prosecutor of Manila. It
appeared that when he applied for
appointment to 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
Republic Act No. 1145.” The truth is, he
was dismissed for gross misconduct as
Assistant City prosecutor.
May he be dismissed as Judge? [5%]
SUGGESTED ANSWER:
Yes. "By his concealment of his previous
dismissal from the public service, which
the Judicial and Bar Council would have
taken into consideration in acting on his
application for appointment as a judge,
he (the judge) committed an act of
dishonesty that rendered him unfit to be
appointed, and to remain, in the
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54
Judiciary he has tarnished with his
falsehood." (Re: Inquiry on the
Appointment of Judge Enrique A. Cube,
227 SCRA 193; Jose Estacion, 181 SCRA
33, Estanislao Belan, August 6, 1998).
1998 BAR EXAM QUESTION:
A judge, in order to ease his clogged
docket, would exert efforts to compel
the accused in criminal cases to plead
guilty to a lesser offense and advise party
litigants in civil cases, whose positions
appear weak, to accept the
compromise offered by the opposing
party.
Is the practice legally acceptable? |5%)
SUGGESTED ANSWER:
The practice is legally acceptable as
long as the judge does not exert pressure
on the parties and takes care that he
does not appear to have prejudged the
case. Where a judge has told a party
that his case is weak before the latter
was fully heard, such was considered as
a ground for his disqualification (Castillo
v. Juan, 62 SC 124).
Practical Exercises
i. Verification and Certificate of non-
forum shopping
Prepare a draft of the verification and
non-forum shopping certification that
should be appended to a complaint.
Omit the signature, place, date and the
jurat. (5%)
SUGGESTED ANSWER:
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, Pedro Reyes, of legal age and a
resident of Manila, Philippines, after

having been duly sworn, hereby depose
and state:
That I am the plaintiff in the
above-entitled case; that I have caused
the foregoing Complaint to be
prepared; that I have read the same,
and the allegations therein contained
are true of my own personal knowledge
or based on authentic documents.
That I further certify that I have not
heretofore commenced any action or
filed any claim involving the same issues
in any court, tribunal or quasi-judicial
agency, and to the best of my
knowledge, no such action or claim is
pending therein, and if I should
thereafter learn that the same or similar
action or claim has been filed or is
pending, I will report that fact within five
(5) days therefrom to this Honorable
Court.
ii. Motion for extension of time, to dismiss
and to declare in default
Prepare a motion to declare Jamero in
default. (4%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA
ALEXANDER SISON
Plaintiff,
- Versus - CIVIL
CASE NO.
____________________
JUAN JAMIRO,
Defendant.
x------------------------------x
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MOTION TO DECLARE IN DEFAULT
PLAINTIFF, through undersigned
counsel, through this Honorable Court
respectfully alleges:
1. That on September _____, 2009,
defendant was served with summons
and a copy of the Complaint;
2. That the reglamentary period for
the defendant to file an Answer or
motion to dismiss expired on
________________________, without
the defendant filing any such
answer or motion.
3. That defendant may now be
declared in default.
Wherefore, it is respectfully
prayed that the defendant be declared
in default and the plaintiff be allowed to
present his evidence ex-parte.
Manila, ___________________, 2009.
ATTY. _________________
Counsel for the Plaintiff
(address)
Attorney’s Roll No. _______
Date ___________________________
PTR No., ______, Place/ Date of issue
IBP O.R. No. ____________________
Date/ Place issued ________________
MCLE Cert. No. _________________
Email address: _________________
iii. Information in criminal cases

rom the affidavits and the death
certificate submitted during the
preliminary investigation, the following
facts are established: At 6:00 o’clock in
the evening of September 13, 2009, at
the comer of Dapitan and Dos Castillas
Sts., Sampaloc, Manila, Edgar Bastonero,
aliasBugoy, and Carlos Tirador, alias Pogi,
accosted Johnny Escolar, a student, and
demanded the latter’s cellular phone
and wristwatch. Because Johnny
resisted, Bastonero pulled out a knife and
stabbed Johnny several times in the
chest, causing instantaneous death.
Bastonero and Tirador then ran away.
The affidavits were executed by William
Tan- and Henry Uy, classmates of Johnny,
who witnessed the entire incident. The
death certificate was issued by Dr. Jose
Cabra who conducted the autopsy on
Johnny.
As Assistant City Prosecutor in Manila,
prepare the appropriate criminal
information to be filed in court. (10%)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITALJUDICIAL REGION
REGIONAL TRIAL COURT MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus
- CRIM CASE NO.
For: Robbery with
Homicide
EDGAR BASTONERO
alias “BUGOY”
and CARLOS TIRADOR
alias “POGI”,
Accused.
INFORMATION
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The undersigned Assistant City
Prosecutor of Manila hereby accuses
Edgar Bastonero alias “Bugoy” and
Carlos Tirador alias “Pogi”, of the crime
of ROBBERY WITH HOMICIDE, committed
as follows:
That on or about 6:00 p.m. of
September 13, 2009 at the corner of
Dapitan and Dos Castillas Streets,
Sampaloc, Manila, Philippines, within
the jurisdiction of this Honorable Court,
the said accused, conspiring and
confederating together and mutually
aiding each other, with the use of
superior force, and with intent to gain,
did then and there, willfully, unlawfully
and feloniously, and by means of
violence, take and take away from one
JOHNNY EXCOLAR, a student, one
cellular phone and a wrist watch
belonging to the said JOHNNY
ESCOLAR, of the total value of One
Hundred Thousand Pesos(P100,000.00),
to the damage and prejudice of the
said owner, and on the same occasion
and for the purpose of enabling them to
take away the articles above
mentioned, the herein accused, in
pursuance of their conspiracy, did then
and there willfully, unlawfully and
feloniously, with intent to kill, and taking
advantage of their superior number
and strength, treacherously attack,
assault, and repeatedly stab the said
JOHNNY ESCOLAR in the chest with a
knife, thereby inflicting multiple chest
wounds on the said person which
directly caused his death.
Contrary to law.
Manila, Philippines, 2009
Assistant City Prosecutor
 57

I hereby certify that a preliminary

investigation was conducted by me, in
which the accused were given an
opportunity to present their evidence,
and on the basis of the affidavits
presented, there is prima facie reason to
believe that a crime has been
committed and that the accused are
probably guilty thereof.

Assistant City Prosecutor

Witnesses:

Names Addresses
William Tan
Henry Uy
Dr. Jose Cabra

Bail Recommended:
P100,000.00 for each accused.

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