1. Atty.

Cyril was the lawyer of Ah Moy, a Taiwanese investor, in a case for

estafa filed against Ho Bah, an investor from East Asia. In the said case, Ho
Bah was represented by Atty. Silver. Since Ho Bah failed to appear during the
preliminary investigation of the case nor did he submit his counter affidavit,
the prosecutor handling the case filed a criminal complaint for estafa before
the Manila RTC. On April 8, 1999, the Manila RTC issued a Warrant of Arrest
against Ho Bah. Thereafter, Atty. Silver filed an urgent motion to Quash the
Warrant of Arrest. He also filed with the RTC of Zamboanga City, the place of
Ah Moy’s and Ho Bah’s mothballed joint venture, a civil complaint for the
collection of a sum of money and damages as well as the dissolution of a
business venture against Atty. Cyril, Ah Moy and the prosecutor. When
confronted by Atty. Cyril, Atty. Silver explained that it was his client who had
decided to institute the civil action against him. Atty. Silver claimed that he
would suggest to his client to drop the civil case, if complainant would move
for the dismissal of the estafa case. Comment on the irregularity, if any, of the
actions of Atty. Silver. (10 points)

2. Who are the public officials prohibited from engaging in the practice of law?
Enumerate. (8%)

3. Upon being replaced by Justice C, Atty. B, the former counsel of the parents
of the victims of the OZNE disco tragedy, was directed to forward all the
documents in his possession to Justice C. Atty. B refused, demanding full
compensation pursuant to their written contract. Sensing that a favorable
judgment was forthcoming, Atty. B filed a motion in court relative to his
attorney’s fees, furnishing his former clients with copies thereof. IS Atty. B
legally and ethically correct in refusing to turn over the documents and in filing
the motion? Explain. (5%).

4. Paguio and Alonte, both lawyers, and Gana, a certified public accountant, in
order to enhance their respective practice, desire to pool their resources
together and establish a partnership for the combined purpose of law and
accounting practice under the firm name, Gana, Alonte and Paguio or GAP
Law etc. and Associatess. Is the proposed partnership ethical ? (5%)

5. Who may practice law in the Philippines? Enumerate. (7%)

Under Rule 138 of Rules of Court, any persons that are duly admitted
member of the bar with good and regular standing, a citizen and a resident
of the Philippines, at least 21 years of age with good moral character, and
must produce to the Supreme Court satisfactory evidence of his good
moral character that no charges filed against him involving moral turpitude
is entitled to practice law in the Philippines. The General rule is that, only
members of the bar can practice law with the exception of the following
non lawyers who can appear in court:
 1. A party may conduct his own litigation in MTC with the aid of an agent
or a friend.
2. A party may conduct his own litigation before any courts with the help
of an authorized member of the bar.
3. In criminal cases where a member of the bar is not available, a judge
may appoint in aid for the litigation of a party.
4. Senior law student who is enrolled in a recognized law school
approved by the Supreme Court.
5. Under Labor Cord, Non-lawyers can or may appear in NLRC or any
labor arbiter
6.

6. May a Filipino citizen who studied law in foreign law school be allowed to take
the Philippine Bar examinations? (5%)
Yes, the Supreme Court allows filipino citizen who studied law in foreign
law school subject to certain conditions. The examinee must submit
certification showing his completion of all courses leading to bachelors of
law

7. Is it not that practice of law is not a business, hence, the services of a lawyer
should be free? Explain. (5%)

8. 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. (5%)
Christine should tell the court that Zuma admitted the crime he
committed
b. Can Christine disclose the admission of Zuma to the court? Why or why
not? (5%)

c. Can Christine withdraw as counsel of Zuma should he insist in going to

trial? Explain. (5%)

9. State and explain five important points from the Lawyer’s oath. (10%)

10. What should a lawyer do if he cannot accept a case? (5%)

11. Differentiate barratry with ambulance chasing. (5%)

12. Define: 2 points each

1. Bench – a whole body of judges which is a member of the legal

profession.
2. Attorney ad hoc – person named and appointed by the court to defend an
absentee defendant in a suit in which an appointment is made.
3. Client – the one who engages in the services of a lawyer for legal advice
or for prosecuting or defending in his behalf and usually for a fee.
4. Law firm – an entity formed by one to more lawyers to give legal advices
to a client.
5. Disbarment – expelling a member of the bar from the legal profession and
deprives him his privileges because of gross immoral conduct.
6. Amicus curiae
7. Private practice
8. Notary public
9. Solicitor
10. Attorney’s fees