LEGAL AND JUDICIAL ETHICS & PRACTICAL EXERCISES

QUESTIONS and SUGGESTED ANSWERS

I–5%
a. Define legal ethics. (2%)

SUGGESTED ANSWER

Legal ethics is that branch of moral science which treats of the

duties which an attorney owes to the court, his or her client, to
his or her colleagues in the profession, and to the public.

b. What is the significance of lawyer’s oath? (3%)

SUGGESTED ANSWER

The significance of the lawyer’s 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
oath of a lawyer as condensed in the code of legal ethics. It is a
source of his obligation, and its violation is a ground for his
suspension, disbarment, or other disciplinary action.
(Agpalo, Legal Ethics, 5th. Edition, p.59)
 II – 5 %
a. What is your understanding of quantum merit as attorney’s fee?
(2%)

SUGGESTED ANSWER

Quantum merit literally means “as much as he deserves.”

It is a measure for the lawyer’s fee in the absence of a
contract, or when the fees stipulated in a contract are
found unconscionable, or when the lawyer’s services are
terminated for cause.

The lawyer is entitled to receive what merits for his

services, as much as he has earned. The factors to be
taken into consideration are enumerated in Rule 22 of the
Code of Professional Responsibility.

b. When is recovery of attorney's fees based on quantum meruit

allowed? (3%)

SUGGESTED ANSWER

The recovery of attorney’s fees on quantum meruit is allowed

in the following circumstances:
 When there is no agreement as to attorney’s fees.
 When the agreement as to attorney’s fees is invalid for some
reason other than the illegality of the object of the
performance.
 When the attorney and the client disregard the contract for
attorney’s fees.
 When the amount of the attorney’s fees is found to be
unconscionable (Section 24, Rule 138 of the Rules of
Court).
 Where the stipulated fees are in excess of what is expressly
fixed by law.
 III – 5 %
a. What is the best form of advertising possible for a lawyer? (2%)

SUGGESTED ANSWER

The best form of advertising is a well-merited reputation for

professional capacity and fidelity to trust, which must be earned
as an outcome of character and conduct. (Ulep v. Legal Clinic,
Inc., Bar Matter No.553, June 17, 1993, 223 SCRA 378
[2012]).

b. What are the allowable or permissible forms of advertising by a lawyer?

(3%)

SUGGESTED ANSWER

The allowable or permissible forms of advertising by a lawyer

include:
 Publication in reputable law lists of brief biographical and
honest informative data.
 Use of an ordinary professional business card.
 Announcements of specialization and availability of service
in a legal journal for lawyers.
 Seeking of appointment to a public office requiring lawyers.
 Advertising to seek full-time position as counsel for a
corporation.
 Offering free legal service to indigents through radio
broadcasts or printed matter.
 Announcement of opening of a law firm, changes of
personnel, firm name or office address.
 Listings in a telephone directory.
 IV – 5%
State at least five (5) instances where judges should disqualify themselves
from participating in any proceedings where their impartiality might
reasonably be questioned. (5%)

SUGGESTED ANSWER

Any five (5) of the following instances provided in Section 5,

Canon 3 of the New Code of Conduct for the Philippine
Judiciary:
 The judge has actual bias or prejudice concerning a party
or personal knowledge of disputed evidentiary facts
concerning the proceedings;
 The judge previously served as a lawyer or was a
material witness in the matter in controversy;
 The judge or a member of his or her family has an
economic interest in the outcome of the matter in
controversy;
 The judge served as executor, administrator, guardian,
trustee or lawyer in the case or matter in controversy, or a
former associate of the judge served as counsel during
their association, or the judge or lawyer was a material
witness therein;
 The judge's ruling in a lower court is the subject of
review;
 The judge is related by consanguinity or affinity to a
party litigant within the sixth civil degree or to counsel
within the fourth civil degree; or
 The judge knows that his or her spouse or child has a
financial interest, as heir, legatee, creditor, fiduciary, or
otherwise, in the subject matter in controversy or in a
party to the proceeding, or any other interest that could
be substantially affected by the outcome of the
proceedings".
 V – 5%
Differentiate "retaining lien" from "charging lien." (5%)

SUGGESTED ANSWER

A retaining lien gives the lawyer the right to retain the

funds, documents and papers of the client which have lawfully
come into his possession, until his lawful fees and
disbursements have been paid. A charging lien is a lien upon all
judgments for payment of a sum of money and executions
thereof, to ensure payment of his fees and disbursements in the
said case.

A retaining lien is a passive lien; the lawyer is not

required to perform any act except to hold on to the client's
funds, documents, and papers, until his fees and disbursements
are paid. A charging lien is an active lien; the lawyer is required
to file a motion in court, with copy served on the adverse party,
to have a statement of his claim to such fees and disbursements
charged or attached to the decision in such case and executions
thereof.

A retaining lien is a general lien; it may be resorted to in

order to secure payment of the lawyer's fees in all the cases he
has handled and services he has rendered to the client. A
charging lien is a special lien; it can be utilized for the purpose
of collecting only the unpaid fees and disbursements of the
lawyer in the case where the judgment for a sum of money may
be secured.
 VI – 5%
Maria was invited as maid of honor in her best friend's wedding on May 9,
2007, at the United States of America. To facilitate the issuance of her United
States (US) visa, complainant sought the services of Atty. Mar Jorie, who
represented herself as an immigration lawyer. They entered a Contract of Legal
Services, whereby Atty. Mar Jorie undertook to facilitate and secure the release of
a US immigrant visa in Maria’s favor prior to the scheduled wedding. Maria paid
Atty. Mar Jorie the amount of P400,000.00 as down payment and undertook to pay
the balance of P350,000.00 after the issuance of the US visa.

Atty. Mar Jorie failed to comply with her obligation under the Contract and
alleged that it was due to the false pretenses of a certain Tomas, whom she had
believed to be a US consul and to whom she delivered the amount given by Maria.

Atty. Mar Jorie elaborated that she had a business relationship with Tomas
on the matter of facilitating the issuance of US visas to her friends and family,
including herself.

a. Should Atty. Mar Jorie be held administratively liable for

violating the Code of Professional Responsibility? (2%)

SUGGESTED ANSWER

Yes, Atty. Mar Jorie should be held administratively liable for

violating the Code of Professional Responsibility.

As officers of the court, lawyers are bound to maintain not only

a high standard of legal proficiency, but also of morality,
honesty, integrity, and fair dealing. Under Rule 18.03, Canon
18 of the Code of Professional Responsibility, once a lawyer
takes up the cause of his client, he is duty-bound to serve the
latter with competence, and to attend to such client’s cause with
diligence, care, and devotion whether he accepts it for a fee or
for free. He owes fidelity to such cause and must always be
mindful of the trust and confidence reposed upon him.

In the instant case, Atty. Mar Jorie misrepresented herself as an

immigration lawyer, which resulted to complainant seeking his
 assistance to facilitate the issuance of her US visa and paying
her the amount of ₱400,000.00 as down payment for her legal
services. In truth, however, she has no specialization in
immigration law but merely had a contact allegedly with
Tomas, a purported US consul, who supposedly processes US
visa applications for her. Her deception is not only
unacceptable, disgraceful, and dishonorable to the legal
profession; it reveals a basic moral flaw that makes her unfit to
practice law.

Therefore, a lawyer’s neglect of a legal matter entrusted to him

by his client constitutes inexcusable negligence for which he
must be held administratively liable, as in this case. (Agot vs.
Rivera, A.C. No. 8000, August 5, 2014)

b. Suppose Maria demands Atty. Mar Jorie the return of her down
payment and the latter failed to return the same, will she be
liable? What is the nature of the relationship between the lawyer
and her client? (3%)

SUGGESTED ANSWER

Yes, Atty. Mar Jorie is liable.

Under Rule 18.03, Canon 18 of the CPR, once a lawyer

takes up the cause of his client, he is duty-bound to serve
the latter with competence, and to attend to such client's
cause with diligence, care, and devotion whether he
accepts it for a fee or for free. He owes fidelity to such
cause and must always be mindful of the trust and
confidence reposed upon him. Therefore, a lawyer's
neglect of a legal matter entrusted to him by his client
constitutes inexcusable negligence for which he must be
held administratively liable, as in this case.

The relationship between a lawyer and her client is

highly fiduciary and prescribes on a lawyer a great
fidelity and good faith. The highly fiduciary nature of
this relationship imposes upon the lawyer the duty to
account for the money or property collected or received
for or from her client.

Atty. Mar Jorie’s failure to return upon demand the funds

held by her on behalf of her client, as in this case, gives
rise to the presumption that she has appropriated the
same for her own use in violation of the trust reposed in
her by her client. Such act is a gross violation of general
morality as well as of professional ethics. Thus, Atty.
Mar Jorie violated the Code of Professional
Responsibility. (Agot vs. Rivera, A.C. No. 8000, August
5, 2014)
 VII (5%)
Atty. AA 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. AA 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. AA's contentions. (5%)

SUGGESTED ANSWER

Both of Atty. AA’s contentions are untenable.

Rules 2.03 and 3.01 of the Code of Professional Responsibility

respectively provide that a lawyer shall not do or permit to be done
any act designed primarily to solicit legal business; and a lawyer shall
not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services

The practice of law is not a business --- it is a profession in

which the primary duty is public service and administration of justice.
Advertising himself as an “annulment of marriage specialist”, Atty.
AA erodes and undermines the sanctity of marriage as a recognized
inviolable institution in the Philippines.

Hence, Atty. AA violated the Code of Professional

Responsibility and shall be held liable. (Khan Jr. v. Simbillo, A. C.
No. 5299, 2003).
 VIII – 5%
Atty. Nas Dili was one of WW Bank’s valued clients. The bank gave him a
credit card with a credit limit of P200,000.00. Because of her extravagant lifestyle,
Atty. Nas Dili exceeded his credit limit and refused to pay the monthly charges as
they fell due.

Hence, aside from a collection case, WW Bank filed a disbarment case

against Atty. Nas DIli. In his comment on the disbarment complaint, Atty. Nas Dili
insisted that he did not violate the Code of Professional Responsibility because his
obligation to the bank was personal in nature and had no relation to her being a
lawyer.

Is Atty. Nas Dili, correct? Explain. (5%)

SUGGESTED ANSWER

No, Atty. Nas Dili is not correct.

Under Rule 7.03 of the Code of Professional Responsibility, "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." Rule 1.01 likewise provides that “a lawyer shall not
engage in unlawful, dishonest, immoral or deceitful conduct," without
qualifying that it be in his professional life only.

Atty. Nas Dili has the moral duty and legal responsibility to
settle his financial obligations when they become due. In addition, the
Supreme Court in several cases consistently held that there is no
dichotomy between the public and private aspects of the life of a
lawyer. It is not necessary for a lawyer-client relationship to exist for
a lawyer to become a subject of a disbarment case.

Hence, Atty. Nas Dili’s arguments have no bearing, and he

shall be held liable. (Gacias v. Bulauitan, A.C. No. 7280, 2006)
 IX 5%

A lawyer advertised in the newspaper the following:

“Can secure annulment of your marriage promptly. Expert in legal

separation cases. Consult anytime.”

Is the advertisement proper? (5%)

SUGGESTED ANSWER

No, the advertisement is not proper.

Under the Code of Professional Responsibility, a lawyer in

making known his legal services should not use any false, fraudulent,
misleading, deceptive, undignified, or self-laudatory statements. (In
re: Tagorda, 53 Phil. 37).

The claim that he can secure annulment of marriage promptly is

false and misleading and his claim that he is an expert in legal
separation is self-laudatory. The advertisement constitutes improper
solicitation and violates the sanctity of the institution of marriage
which the States should protect (Ulep v. Legal Clinic, Inc. 221 SCRA
378).

Thus, the advertisement of the lawyer is not proper.

 X 5%

Atty. Abu Gado, a lawyer and a notary public, notarized a document already
prepared by spouses Dominic and Bea when they approached him. It stated in the
document that Dominic and Bea formally agreed to live separately from each other
and either one can have a live-in partner with full consent of the other.

What is the liability of Atty. Abu Gado, if any? (5%).

SUGGESTED ANSWER

Atty. Abu Gado may be held administratively liable.

Rule 1.02 of Code of Professional Responsibility provides that

a lawyer shall not counsel of abet activities aimed at defiance of the
law or at lessening confidence in the legal system.
An agreement between two spouses to live separately from each
other and either one could have a live-in partner with full consent of
the other, is contrary to law and morals. The ratification by a notary
public who is a lawyer of such illegal or immoral contract or
document constitutes malpractice or gross misconduct in office. (In re
Santiago, 70 Phil.661; Panganiban v. Borromeo, 58 Phil. 38 Phil. 367,
In re Bucana, 72 SCra 14).

Hence, Atty. Abu Gado violated the Code of Professional

Responsibility.
 XI
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 support him.

Based on this admission, is Atty. N subject to the disciplinary action of

the Supreme Court? Explain. (5%)

SUGGESTED ANSWER

Yes, Atty. N is subject to the disciplinary action of the Supreme

Court.

In the case of Tucay vs. Tucay (318 SCRA 229), the Supreme Court
held that the finding that a lawyer had been carrying on an illicit affair with a
married woman is grossly immoral conduct and only indicative of an
extremely low regard for the fundamental ethics of the profession.
 XII – 10%
Leni Lobledo, an aspiring lawyer, disclosed in her petition to take the 2014
Bar Examinations that there were two civil cases pending against her for
nullification of contract and damages. She was thus allowed to conditionally take
the bar and subsequently placed third in the said Exams.

In 2017, after the two civil cases had been resolved, Lobledo filed her
petition to take the lawyers oath and sign the Roll of Attorneys before the Supreme
Court. The Office of the Bar Confidant, however had received two anonymous
letters: (1) the first alleged that the time Lobledo filed her petition to take the bar,
she had two other civil cases pending against her, as well as a criminal case for
violation of B.P. 22; (2) the other letter alleged that Lobledo, as Sangguniang
Kabataan Chairperson had been signing the attendance sheets of meetings as “Atty.
Leni Lobledo”.

(a) Having passed the Bar Exam, can Leni Lobledo already use the
appellation “Attorney”? (5%)

SUGGESTED ANSWER

No, only those who have been admitted to the Philippine Bar can
be called Attorney (Alawin vs Alauya 268 SCRA 628).

Passing the bar examination is not sufficient for admission of a

person to the Philippine Bar. She still has to take Lawyer’s Oath of office
and sign the Roll of Attorney as prerequisite for admission.

(b) Should she be allowed to take her oath and sign the Attorney’s Roll?
(5%)

SUGGESTED ANSWER

b. No, she should not be allowed to take his oath and sign the
Attorney’s Roll.
 Canon 7 Rule 7.01 Code of Professional Responsibility
provides that a lawyer shall be answerable knowingly making a
false statement or suppressing material facts in connection with
his application to the Bar.

Ms. Lobledo made a false statement in her application to the

Bar by revealing only that there were two pending civil cases
against her, and suppressed material facts that there was also a
criminal case pending against her.

This is a sufficient ground for her to be denied admission to

the Philippine Bar. She also showed lack of good moral
character in using the title attorney before admission to the bar.
 XIII – 5%
You had taken your oath as a lawyer. The secretary to the president of a
BEST University offered to get you as the official notary public of the school. She
explained that a lot of their students lost their identification cards and are required
to secure an affidavit of loss before they can issue a new one. She claimed that it
will be lucrative for you as more than 30 students lost their identification cards
every month. However, the secretary wants you to give half of your earning to the
secretary of the school.

Will you agree to the arrangement? (5%)

SUGGESTED ANSWER

No, I will not agree to the arrangement.

Canon 9 Rule 9.02 Code of Professional Responsibility

provides that a lawyer shall not divide or stipulate to divide legal
service with persons not licensed to practice law.

The secretary is not licensed to practice law and is not entitled

to practice law and not entitled to a share of the fees for notarizing
affidavits, which is a legal service.
 XIV – 5%
During the hearing of an election protest filed by his brother, Judge XYZ sat
in the area reserved for the public, not beside his brother's lawyer. Judge XYZ's
brother won the election protest. A, the defeated candidate for mayor, filed an
administrative case against Judge XYZ for employing influence and pressure on
the judge who heard and decided the election protest.

Judge XYZ explained that the main reasons why he was there in the
courtroom was because he wanted to observe how election protest are conducted as
he has never conducted one and because he wanted to give moral support to his
brother.

Did Judge XYZ commit an act of impropriety as a member of the

judiciary? Explain. (5%)

SUGGESTED ANSWER

Yes, Judge XYZ committed an act of impropriety.

In the case of Vidal v. Dojillo, Jr., A.M. No. MTJ-05-1591, July

14, 2005, which involved the same facts, the Supreme Court held as
follows: “Canon 2 of the Code of Judicial Conduct requires a judge
to avoid not only impropriety but also the mere appearance of
impropriety in all activities.”

Even if respondent did not intend to use his position as a judge

to influence the outcome of his brother’s election protest, it cannot
be denied that his presence in the courtroom during the hearing of
his brother’s case would immediately give cause for the community
to suspect that his being a colleague in the judiciary would influence
the judge trying the case to favor his brother.

Hence, by appearing in another court at the hearing of his

brother’s election protest, Judge XYZ violated his duty as an officer of
the Court.
 XV – 10%
Atty. Dee Gong is the Corporate Secretary of a construction corporation
that has secured a multi-million infrastructure project from the government. In the
course of his duties as corporate secretary, he learned from the company president
that the corporation had resorted to bribery to secure the project and had falsified
records to cut implementing costs after the award of the project.

The government filed a civil action to annul the infrastructure contract and
has subpoenaed Atty. Dee Gong to testify against the company president and the
corporation regarding the bribery. Atty. Dee Gong moved to quash the subpoena,
asserting that lawyer-client privilege prevents him from testifying against the
president and the corporation.

Resolve the motion to quash. (10%)

SUGGESTED ANSWER

I will deny the motion.

Canon 12 of the Code of Professional Responsibility provides

that “a lawyer shall exert every effort and consider it his duty to
assist in the speedy and efficient administration of justice”. Also, a
lawyer owes candor, fairness, and good faith to the court” (Ibid.,
Canon 10).

Atty. Dee Gong did not learn of the bribery and falsification in
connection with a lawyer-client relation. Being a corporate secretary
does not create a lawyer-client relation because membership in the
Bar is not a requirement to perform the functions of a corporate
secretary. Consequently, Atty. Dee Gong does not owe any
obligation of confidentiality to the corporation.

Thus, he may be compelled to testify.

ALTERNATIVE ANSWER
 I will grant the motion.

It is true that being a corporate secretary does not necessarily constitute

a lawyer-client relation. However, Atty. Dee Gong may be considered in the
practice of law if part of his duties as corporate secretary is to give legal
advice to or prepare legal documents for the corporation. Thus, a lawyer-
client relationship may have been constituted between Atty. Roto and the
corporation. Consequently, it is his duty as an attorney “to maintain inviolate
the confidence, and at every peril to himself, to preserve the secrets of his
client” (Rules of Court).

Atty. Dee gong learned from the company president of the bribery and
falsification, while he was in the course of his performance of his duties as
corporate secretary.

Thus, he could not be examined on that matter without the consent of

his client.
 XVI – 5%
Judge Al Buroto accepted a gift consisting of assorted canned goods other
grocery items from his compadre whose friend has a pending case with him. He
accepted the gift just so as not to embarrass his compadre. When his compadre left
his chambers, he asked his secretary to donate the gift he received to the victims
of Taal Volcano explosion.

Did the judge cross the ethical line? Explain your answer. (5%)

SUGGESTED ANSWER

Yes, Judge Al Buroto crossed the ethical line.

Section1, Canon 4, New Code of Judicial Conduct for the

Philippine Judiciary provides that judges shall avoid impropriety and the
appearance of impropriety in all of their activities.

As a subject of public scrutiny, judges must accept personal

restrictions that might be viewed as burdensome by ordinary citizens and
should do so freely and voluntarily.

Thus, Judge Al Buroto violated the canon of propriety due to his

action.
 XVII-5%
Atty. Probinsyano is the head of the Provincial DILG Officer in the
Province of Tuguegarao. 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. Probinsyano was constrained to apply for a commission for the RTC, which
was granted. He was able to notarize thousands of documents and affidavits until
Atty. Maayo, the only notary public in the province, charged Atty. Probinsyano
with misconduct and violation of the Code of Professional Responsibility.

Is the charge correct? Explain. (5%)

SUGGESTED ANSWER

No, the charge is not correct.

The performance of the duties of a notary public constitutes practice

of law. A lawyer in the 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. Feb. 19,
2008).
 XVIII-5%

Prepare Verification and Certificate of Non-forum shopping. (5%)

SUGGESTED FORM

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, __________________________________, of legal age,

___________________ (name) (citizenship)
_______________________, and a resident of
__________________________________ (civil status)
________________________________________________________
_______________, on oath, state:

1. That I as the __________________ in the above-entitled case

have caused this
_______________________________________________ to be
prepared; that I read and understood its contents which are true and
correct of my own personal knowledge and/or based on true records;

2. That I have not commenced any action or proceeding

involving the same issue and specifically the same check/s in the
Supreme Court, the Court of Appeals or any other tribunal or agency,
particularly before the Office of the City Prosecutor of
____________________________________; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals or any other tribunal or agency, and that,
if I should learn thereafter that a similar action or proceeding has been
filed or is pending before these courts or tribunal or agency, I
undertake to report that fact to the Court within five (5) days
therefrom.
 3. That I knowingly and voluntarily waive and forego the
institution of any criminal complaint for Violation of Batas Pambansa
Blg. 22 against the defendant herein based on the same check/s
subject matter of this Small Claims Complaint.

IN WITNESS WHEREOF, I have hereunto set my hand this

___________ day of _____________________, 20_____.
_____________________________

Affiant

SUBSCRIBED AND SWORN to before me this _________day of

______________, 20____.

NOTARY PUBLIC