JOSE RIZAL MEMORIAL STATE UNIVERSITY

SCHOOL OF LAW
PROBLEM AREAS IN LEGAL ETHICS
MIDTERM EXAMINATION
APRIL 19, 2023

(5 points for each question)

I.
Write down the Lawyer’s Oath (10%)
ANS:
I, do solemnly swear 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 or-
ders of the duly constituted authorities therein; I will do no falsehood, nor consent to
the doing of any in court; I will not wittingly or willingly promote or sue any groundless,
false or unlawful suit, or give aid nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according to the best of my knowledge
and discretion, with all good fidelity as well to the courts as to my clients; and I impose
upon myself these voluntary obligations without any mental reservation or purpose of
evasion. So help me God.

II.
Atty. Keith was appointed as a judge. Later, however, a complaint was filed against him
for an act he committed some 24 years ago. In defending himself, Judge Keith contended that
the offense has already prescribed. Is his contention tenable? Support your answer.
ANS:
NO. The contention of Judge Keith is not tenable. Canon 6 of Judicial Ethics provides that
competence and diligence are prerequisites to the due performance of judicial ethics. A Judge
should be the epitome of competence, integrity, and independence to be able to render justice
and uphold public confidence in the legal system. On the case at bar, Judge Keith should be
conversant with the basic legal principles and well-settled doctrines. Hence, Judge Keith
contention that the offense has already prescribe is not tenable.

III.
A judge issued an order requiring a person to appear before his sala and explain why he
should not be cited for contempt when he occupied the parking space allotted for the judge.
The latter apologized that he did not know that the space was reserved for the judge but the
judge did not accept his apology. He was cited for contempt for using the judge’s parking space.
He was incarcerated for two (2) days and fined. A complaint was filed against the judge but the
judge contended that the act was contemptuous because it disrupted the speedy administration
of justice. Is the judge correct? Explain your answer.

ANS:
No. The judge is not correct. On the case at bar, there is no showing that the improper parking
by the driver could disrupt the speedy administration of justice. It may be taken that the act of
the driver can cause inconvenience or annoyance by the judge, but this does not fall under any
of the acts which a person could be cited for contempt. There is no showing also that the driver
intended any disrespect towards the respondent Judge when in fact the driver made an apol-
ogy. Hence, it is not proper that the judge cited the driver for contempt based on inconvenience
that leads to disrupted speedy administration of justice.

IV.

A woman Judge was married to a lawyer. The Judge allowed her husband to use her
office address as address of her husband to ensure receipt of pleadings, orders, and other court
processes. Is the act of the Judge and the lawyer, proper? Why?

ANS:
NO. The act of the Judge and the lawyer is not proper. Under Canon 5, a Judge should
regulate extrajudicial activities to minimize the risk of conflict with judicial duties. On the case at
bar, the woman Judge should not allow that her lawyer husband will use the court’s address in
receiving pleadings, orders, and other court processes as this is in violation of Canon 5. Hence,
both the action of the woman Judge and her lawyer husband is not proper.

V.

May a Judge be administratively charged for an error of judgment? Explain.

ANS:
No. A Judge may not be administratively charged for an error of judgment in the absence
of a showing of any bad faith, malice, or corrupt purpose which is motivated by fraud,
dishonesty or corruption. What is expected for a Judge is to follow the rules prescribed
to ensure a fair and impartial hearing, using the conclusions the judge finds to estab-
lished, and knowledge of the law to guide him and adjudicate the case accordingly.
 VI.

May a Judge invite the press during the hearing of a sensational case? Explain your
answer.

ANS:
NO. In a sensational case, a Judge should respect the privacy of the persons involved.
Although it is in the discretion of the Judge to allow the media in the hearing, the result in
allowing the media in these cases would influence a retaliation against the witness for testifying
against the accused and the witness identity will be exposed to the public during the trial.
Hence, it would result in chaos and the Judge may be swayed knowing that the people will be
scrutinizing them and their decision.

VII.

In a criminal case for falsification and use of falsified document, the judge was charged
with impartiality for having failed to inhibit himself despite the fact that he was related to the
accused, the wife of the accused being the first degree cousin of the judge. Was the act of the
judge proper? Support ypur answer.

ANS:
NO. The act of the Judge is not proper. Under Section 4 Canon 1, the mandatory
inhibition by the Judge is that where the relative is one of the parties of the case within the
sixth-degree consanguinity or affinity. On the case at bar, the accused is within the degree that
the Judge should mandatorily inhibit.

VIII.

A judge was charged for engaging in private practice of law without permission from the
Supreme Court. The Office of the Court Administrator (OCA) of the Supreme Court held that her
appearance as counsel for herself and on behalf of her co-plaintiff was tantamount to
moonlighting, a specie of malfeasance in the office. Is the finding of the OCA correct? Support
your answer.

ANS:
YES. The finding of the OCA is correct. Under Section 11 Canon 4, Judges shall not
practice law whilst a holder of judicial office. This is based on sound reasons of public policy,
considering that the rights, duties, privileges and functions of an attorney are inherently
incompatible with the high official functions, duties, powers, discretion and privileges of a
Judge. Hence, a Judge must give their full time and attention to their judicial duties.
 IX.

Will the retirement of a Judge preclude the finding of any administrative liability on his
part? Why?

ANS:
The retirement of a judge or any judicial officer from service does not preclude the
finding of any administrative liability to which he should still be answerable. Also, the
withdrawal or recantation of the complaint does not necessarily result in the dismissal of the
case.

X.

Distinguish compulsory from voluntary inhibition of judges. and state at least two (2)
instances when a judge must compulsorily inhibit from a case.

ANS:
Compulsory inhibition of judges means where a relative of the Judge is one of the
parties to a case, within the sixth degree of consanguinity or affinity, the disqualification of the
Judge is mandatory or when he has been an executor, guardian, administrator, trustee, or
counsel or when he has presided in an inferior court where his ruling or decision is subject to
review, without the written consent of the parties.

Voluntary inhibition of Judges, on the other hand, is an act where a Judge personally
prevents himself from taking cognizance of the case. This is made by a written petition to inhibit
stating the grounds and reasons for inhibition.

XI.
Define the two concepts of Judicial Independence.

ANS:
The two concepts of Judicial Independence are the following:

1. Individual Judicial Independence which focuses on each particular case and seeks to
insure the Judge ability to decide cases with autonomy and within the constraints of the
law.
2. Institutional Judicial Independence which focuses on the independence of the judiciary
as a branch of the government and protects judges in their work.

XII.
What are the duties of an attorney?
ANS:
The duties of an attorney are the following:
1. To maintain allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines
2. To observe and maintain the respect due to courts of justice and judicial officers
3. To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law
4. Not to delay any man for money or malice
5. To Employ, for the purpose of maintaining the causes confided to him, such means by
truth and honor
6. To preserve confidence the secrets relayed by him from his clients
7. To abstain from all offensive personality
8. Not to reject, for any consideration, the cause of the defenseless and oppressed
9. To present the defense by all means that the law permits to the end that no person may
be deprived of life, liberty, or property but by due process of law.

XIII.
Why is law a profession and not a trade? Why is an attorney considered an officer of the
court?

ANS:
A Law is aprofession and is not a trade, not a business or a money-making trade similar
to a businessman making a strategy for monetary gain. A Law profession is a sacred profession
with a responsibility in public interest whose primary objective is public service. A Law
profession is a noble calling.
An attorney is considered an officer of the court because an attorney is duty bound to
maintain a respectful attitude essential to the proper administration of justice.

XIV.

Carla engages the services of attorney Dan concerning various mortgage contracts
entered into by her husband from whom she is separated. She is fearful that her real estate
properties will be foreclosed due to impending suits for sums of money against her. Attorney
Dan advised Carla 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 Carla agreed on condition that he would sell
the lots and from the proceeds, pay her creditors. Later on, Carla came to know that attorney
Dan 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 Dan violate the Code of Professional Responsibility? Explain.

ANS:
 Yes. Attorney Dan violated the Code of Professional Responsibility. Under Canon 16, a
lawyer shall uphold in trust all moneys and properties of his client that may come into his
position. Also, under Canon 17, a lawyer shall be mindful of the trust and confidence reposed to
him by his client. On the case at bar, Attorney Dan has engaged in deceitful, dishonest, unlawful
and immoral acts. The actions of Attorney Dan lessen the trust and confidence reposed by the
public towards the legal profession.

XV.

How do you consider rendering free legal aid services to the indigents? Is it a matter of
public duty or an act of charity?

ANS:
Legal aid services should be accessible to all citizens in the Philippines, especially to
those indigents. A lawyer’s duty is to serve those people who are in need of the services with
regard to legal matters. Hence, legal aid services should accessible to all.

XVI.

May a lawyer talk privately to a Judge regarding the merits of a case pending before the
said Judge? Explain briefly.

ANS:
NO.  A lawyer should not communicate or argue privately with the judge as to the merits
of a pending cause and deserves rebuke and denunciation for any device or attempt to gain
from a judge special personal consideration or favor. There must be self-respecting
independence in the discharge of the professional duty, without any denial or upholding the
courtesy and respect due to the Judge.

XVII

Atty. James requested Judge Karl to be a principal sponsor of the wedding of his son. A
month before, Atty. James met Judge Karl in the IBP-sponsored reception to welcome Judge Karl
into the community. There, Atty. James learned that Judge Karl takes his breakfast at a coffee
shop near his (Judge Karl’s) boarding house so, Atty. James made it a point to be a the coffee
shop at about the time that Judge Karl takes his breakfast. Comment on Atty. James acts. Did he
violate the code of professional responsibility?
 XVIII.

How far may a lawyer go in supporting a client’s caese? Does he have the right to control all
aspects of the case? Explain

ANS:
A Lawyer shall support the client case in all the legal services he can provide. It is the
responsibility of the lawyer to uphold the right of his client. This services a lawyer can provide
has a limit, it should not involve in fraud, assisting in illegal matters and any unlawful acts.
A lawyer is bound to obey the law of the land and uphold the Rules of law. Hence, a
Lawyer has the control the aspects of the case with the client. Whether it is a winning case or a
losing one, a lawyer must support his client with all the legal services he can provide.

XIX.

A lawyer assured his client that he could secure a Temporary Restraining Order (TRO) to
stop the execution of a judgment because the judge is his “katsukaran” and accepted P10,000
as attorney’s fees. But the judge asked him to withdraw because of their friendship. He again
asked for P30,000 to be given to another judge, but he said he could not find the judge. He later
on told his client that a case should be filed and demanded P100,000 to be deposited with the
Treasurer’s Office for the redemption of the property plus P10,000 as expenses. At the hearing,
he withdrew his appearance. It was found out that there was no deposit. State the effect of the
acts of the Lawyer.
ANS:
A lawyer is guilty of his actions. When a lawyer takes a clients cause, he must exercised
all efforts until the final execution. A lawyer who performs that duty with diligence and candor
not only protects the interests of his client; he also serves the ends of justice, does honor to the
bar and helps maintain the respect of the community to the legal profession. The lawyer is also
guilty of assuring his client an assured TRO to stop the execution of judgment in asking for
money to be given to the Judge. Hence, the lawyer violates the Code of Professional
Responsibility.
 XX.

Eman is a lawyer who also happens to be a member of the Sangguniang Panlalawigan

somewhere in the remote areas of the country. He has just acquired a brand new car and is
very proud of it. Then, one day, while he was driving, his car was sideswiped by a passenger
jeepney driven by Jessie. He confronted Jessie, and in a fit of anger Eman slapped him,
yelling and shouting invectives at him. He also repeatedly told Jessie that he was a Sanggunian
member. A complaint was filed against Eman before the IBP. When told to answer, Eman said
that his acts had nothing to do with his professional duties as a lawyer. In any event, what he
did is excusable because it was clearly the fault of Jessie.

a. Can Eman be investigated and disciplined when the cause is not

directly related to his practice of the legal profession?

ANS:
YES. Good character is a continuing qualification for lawyers. Under Canon 7 Rule 7.03, a
lawyer shall not engage in conduct that adversely reflects in 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. By itself, the act of humiliating another in public by slapping him or her on the face
hints of a character that disregards the human dignity of another.

b. If Eman can be investigated, can he be disciplined in view of his contention

that it was clearly the fault of Jessie?

ANS:
NO. Eman can be disciplined not by his contention that it was Jessie fault but by his
action in public which is bullying, harassment, and discrimination. Along with this, Eman also
violated Canon 7 Rule 7.03 of the Code of Professional Responsibility.

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