SBCA

CENTRALIZED
BAR
OPERATIONS
FREQUENTLY ASKED
& NOT USUALLY
ASKED QUESTIONS
2023

FAqs
FAqs &
& Nuas
Nuas
CENTRALIZED BAR OPERATIONS

#HERNANDOITBAR2023

LEGAL
ETHICS
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
 This work is the intellectual property of the SAN BEDA COLLEGE
ALABANG SCHOOL OF LAW and SAN BEDA COLLEGE ALABANG
CENTRALIZED BAR OPERATIONS 2023. It is intended solely for the
use of the individuals to which it is addressed – the Bedan
community.

Publication, reproduction, dissemination, and distribution, or

copying of the document without the prior consent of the SAN BEDA
COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR
OPERATIONS ACADEMICS COMMITTEE 2023 is strictly prohibited.

Material includes both cases penned by Justice Hernando and recent

landmark cases decided by the Supreme Court.

COPYRIGHT © 2023
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS 2023
ALL RIGHTS RESERVED BY THE AUTHORS.

#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
A. PRACTICE OF LAW
1. Basic Concepts
a. Definition of the Practice of law
b. Practice of Law as a Privilege, Not a Right
c. Law as a Profession, Not a Business or Trade
2. Qualification for Admission to the Bar (B.M. No. 1153)
3. Continuing Requirements for Membership in the Bar
4. Appearance of Non-Lawyers
a. Law Student Practice Rule (Rule 138-A, as amended by
A.M. No. 19-03-24-SC)
b. Non-Lawyers in Courts and/or Administrative Tribunals
c. Proceedings Where Lawyers are Prohibited to Appear as
Counsels
5. Prohibited Practice of Non-Lawyers and Appearance
Without Authority
6. Public Officials and the Practice of Law
a. Prohibitions and Disqualifications of Former Government
Attorneys
b. Public Officials Who Cannot Practice Law or Can Practice
Law with Restrictions
7. Lawyers Authorized to Represent the Government
8. Lawyer's Oath

DUTIES AND RESPONSIBILITIES OF A LAWYER UNDER THE

CODE OF PROFESSIONAL RESPONSIBILITY
1. To Society
2. To the Legal Profession
3. To the Courts
4. To the Clients

SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

1. Nature and Characteristics of Disciplinary Actions against
Lawyers
2. Grounds
3. Proceedings (Rule 139-B of the Rules of Court, as amended)

#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
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NOTARIAL PRACTICE (A.M. No. 02-8-13-SC, as amended)
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public
3. Powers and Limitations
4. Notarial Register
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions

JUDICIAL ETHICS
1. SOURCES
2. New Code of Judicial Conduct for the Philippine Judiciary
3. Code of Judicial Conduct

B. QUALITIES
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence

C. DISQUALIFICATION OF JUDICIAL OFFICERS

1. Compulsory Disqualification
2. Voluntary Disqualification or Inhibition

D. DISCIPLINE AND ADMINISTRATIVE JURISDICTION OVER

MEMBERS OF THE JUDICIARY
1. Supreme Court
a. Impeachment
2. Lower Court Judges and Justice
a. Sanctions Imposed by the Supreme Court on Erring
Members of the Judiciary

#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS

FAQs
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
 LAWYER’S OATH
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? (2003 Bar Exam)
PRACTICE OF LAW
Basic Concepts
QUESTION. What is Practice of Law?
SUGGESTED ANSWER:
“Practice of law means any activity, in or out
of court, which requires the application of
law, legal procedure, knowledge, training and
experience. To engage in the practice of law
is to perform those acts which are
characteristics of the profession. Generally,
to practice law is to give notice or render any
kind of service, which device or service
requires the use in any degree of legal
knowledge or skill.” This is according to the
case of Cayetano v. Monsod GR. 100113.
QUESTION. Define the following terms:
a. counsel de oficio
b. counsel de parte
c. amicus curiae
d. attorney of record (2011 bar exam)
SUGGESTED ANSWER:
a. Counsel de oficio - a lawyer appointed by
the court to defend an indigent
accused/defendant in a criminal case.
b. Counsel de parte - an attorney retained
by a party litigant, usually for a fee, to
prosecute or defend his cause in court.
c. Amicus curiae - literally means “a friend
of the court”. He is an experienced and
impartial lawyer invited by the court to give
an opinion in the disposition of novel and/or
difficult legal issues before it.
d. Attorney of record - one who has filed a
notice of appearance and who hence is
formally mentioned in court records as the
official attorney of the party. Person whom
the client has named as his agent upon whom
service of papers may be made.
1
QUESTION. Define a champertous contract.
(2017 bar exam)
SUGGESTED ANSWER:
A champertous Contract is any agreement by
a lawyer to conduct the litigation in his own
account, to pay the expenses thereof or to
save his client therefrom and to receive as his
fee a portion of the proceeds of the
judgment. It is contrary to public policy as it
violates the fiduciary relationship between
the lawyer and his client. (Spouses Cadavedo
v. Lacaya, G.R. No. 173188, 15 January 2014)
Law as a Profession, Not a Business or Trade
QUESTION. Ronnie, a paralegal in a law
firm, helped Beth in a property dispute in
which she was involved by giving her legal
advice and preparing a complaint that she
eventually filed in court under her own
signature. When the lawyer for the
defendant learned of it, he told Ronnie to
desist from practicing law. But he disputed
this, claiming that he had not practiced
law since he did not receive compensation
from Beth for his help. Is Ronnie correct?
(a) Yes, because he could as a paralegal
provide competent legal help to
litigants.
(b) Yes, for so long as he did not sign the
complaint or appeared as Beth's
lawyer.
(c) No, unless Beth was ill-advised in filing
her complaint in court.
(d) No, because receipt of compensation is
not the sole determinant
of legal practice.
SUGGESTED ANSWER:
(d) No, because receipt of compensation is
not the sole determinant of legal practice.
QUESTION. Will a lawyer violate the Code
of Professional Responsibility if he forms a
partnership with professionals of other
disciplines like doctors, engineers,
architects or accountants? Explain your
answer. (2014 bar exam)
SUGGESTED ANSWER:
Yes. A lawyer is prohibited from establishing a
law firm or partnership with any person who
has not been licensed to practice law by the
Supreme Court. A partnership in the practice
of law is a mere relationship or association
for such particular purpose, thus it cannot be
said to be a legal entity because it is not a
partnership formed for the purpose of
carrying on a trade or business or of holding
property. The practice of law is restricted to
persons who have been admitted to the bar
by the Supreme Court. Canon 9 provides that
a lawyer shall not directly or indirectly assist
in the unauthorized practice of law.
Therefore, a lawyer cannot engage in a
partnership with unauthorized professionals.
(Albano, Bar Q&A Legal Ethics, 2022, p. 203)
Qualifications for Admission to the Bar
(Bar Matter No. 1153)
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. (2013 bar exam)
SUGGESTED ANSWER:
First potential objection is Jactar’s lack of
good moral character which is a requirement
to the admission to the Bar under Section 2,
Rule 138 of the Rules of Court. This is also
considered as a continuing condition to
remain as a member of the Bar.
On the issue of bragging of connections within
the courts and utterance of veiled threats,
Jactar has acted “contrary to justice,
honesty, modesty or good morals” or with
“moral turpitude”. (Bouvier Law Dictionary)
If light threats would be filed against him,
then another potential objection would be
moral turpitude (Rules of Court, Rule 138,
Sec. 2). He has acted in such a manner in
violation of the private and social duties
which a man owes to his fellowmen, or to
society in general, contrary to the accepted
and customary rule of right and duty between
man and man (Tak Ng v. Republic, GR No.
L-13017, 106 Phil 730, 23 December 1959)
2
Continuing Requirements for Membership
in the Bar
QUESTION. Lee became a lawyer in 1988
under a claim that he is a Filipino like his
parents. Efren sought Lee’s disbarment on
the ground that he really is a Chinese. To
prove he is a Filipino, Lee cited an Albay
regional trial court’s final judgment in an
action to recover real property which
mentioned his citizenship as Filipino. This
final judgment resulted in the correction of
his birth records in a separate special
proceeding to show he is a Filipino, not
Chinese as stated. Is Lee’s claim to Filipino
citizenship valid? (2011 bar exam)
(a) No, since the mention of his citizenship
in the land case was just incidental.
(b) No, since those rulings were not
appealed to the Supreme Court.
(c) Yes, because the rulings in his favor
have become final and executory.
(d) Yes, since his parents are Filipinos
based on what he said in his bar exam
petition.
SUGGESTED ANSWER:
(a) No, since the mention of his citizenship in
the land case was just incidental.
QUESTION. "When does the initial MCLE
compliance period of a newly admitted
member of the bar begin?" (2011 bar exam)
(a) On the first day of the month of his
admission.
(b) On the tenth day of the month of his
admission.
(c) On the third year after his admission as
member.
(d) On the first year of the next succeeding
compliance period
SUGGESTED ANSWER:
(a) On the first day of the month of his
admission.
QUESTION.
(A) Can a lawyer who lacks the number of
units required by the Mandatory
Continuing Legal Education (MCLE) Board
continue to practice his profession?
(B) May a lawyer be held liable for
damages by his clients for the lawyer’s
failure to file the necessary pleadings to
prosecute the client’s case and as a result
of which the client suffered damages?
(C) Can a lawyer still practice his
profession despite having arrears in his
Integrated Bar of the Philippines (IBP)
dues? (2014 bar exam)
SUGGESTED ANSWER:
(A) No. MCLE is required for all lawyers to
ensure that they "Keep abreast with law and
jurisprudence, maintain the ethics of the
profession and enhance the standards of the
practice of law," as enunciated in the lawyer's
oath. Bar Matter No. 850 states that failure to
provide proof of compliance with the MCLE
requirement will cause such member to be
considered as a delinquent member and he
shall not be permitted to practice law until
such time as adequate proof of compliance is
received by the MCLE Committee. Such
member shall be given sixty (60) days from
receipt of a Non-Compliance Notice to
respond. They may use this period to attain
the adequate number of credit units for
compliance. Credit units earned during this
period may only be counted toward
compliance with the prior compliance period
requirement unless units in excess of the
requirement are earned, in which case the
excess may be counted toward meeting the
current compliance period requirement. Bar
Matter No. 1922 requires that delinquent
members of the IBP cannot file pleadings in
court or quasi-judicial bodies.
(B) Yes. Canon 18 of the CPR provides that a
lawyer shall serve his client with competence
and diligence. Specifically, under Rule 18.03,
A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in
connection therewith shall render him liable.
Failure to file the necessary pleadings is in
obvious negligence of this duty.
(C) No. Payment of IBP dues is a continuing
requirement to retain one's membership in
the bar as a "member in good standing". Thus,
it can be a ground for suspension from the
practice of law subject to the IBP's
recommendation.
QUESTION. Every new lawyer must be
acquainted with the consequences of
noncompliance with the essential
obligations attendant to the legal
profession. Among these obligations are
compliance with the requirements on
3
Mandatory Continuing Legal Education
(MCLE), and payment of Integrated Bar of
the Philippines (IBP) dues.
(a) What are the consequences of
non-compliance with the requirements on
MCLE?
(b) What are the consequences of
non-payment of IBP dues? (2019 bar exam)
SUGGESTED ANSWER:
(a) A member who, for whatever reason, is in
non-compliance at the end of the compliance
period shall pay a non-compliance fee. (Sec.
1, Rule 13, B.M. No. 850)
A member who fails to comply with the
requirements after the sixty (60) day period
for compliance has expired, shall be listed as
a delinquent member of the IBP upon the
recommendation of the MCLE Committee.
The investigation of a member for
non-compliance shall be conducted by the
IBP’s Commission on Bar Discipline as a
fact-finding arm of the MCLE Committee.
(Sec. 2, Rule 13, B.M. No. 850)
Membership fees shall continue to accrue at
the active rate against a member during the
period he/she is listed as a delinquent
member. (Sec. 3, Rule 13, B.M. No. 850)
(b) Default in the payment of annual dues for
six months shall warrant suspension of
membership in the Integrated Bar, and
default in such payment for one year shall be
a ground for the removal of the name of the
delinquent member from the Roll of
Attorneys. (Sec. 10, Rule 139-A, Rules of
Court, The Integrated Bar of the Philippines)
Appearance of Non-lawyers
QUESTION. List down the instances wherein
a law student may legally appear in court
as counsel for a litigant. (2006 Bar Exam)
SUGGESTED ANSWER:
a. Under the Student Practice Rule,
provided under Rule 138-A of the
Revised Penal Code, a law student
who has successfully completed his
third year of the regular four-year
prescribed law curriculum and is
enrolled in his or her 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
or she appears in a Regional Trial
Court, and without such supervision if
he or she appears in an inferior court
(Bar Matter 730, June 10, 1997);
b. When he or she appears as an agent
or friend of a litigant in an inferior
court (Sec. 34, Rule 138, Revised
Rules of Court);
c. When he or she is authorized by law
to appear for the Government of the
Philippines (Sec. 33, Rule138, Revised
Rules of Court);
d. In remote municipalities where
members of the bar are not available,
the judge of a 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. Before the National Labor Relations
Commission or any Labor Arbiter if 1.)
he represents himself, as a party to
the case, 2.) he represents an
organization or its members with
written authorization from them, or
3.) 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); and
f. Under the Cadastral Act, a absolutely
non-lawyer may represent a claimant
before the Cadastral Court (Sec. 8,
Act No.2250).
Non-lawyers in administrative tribunals
QUESTION. A is a law school graduate and
vice- president for labor relations of ABC
Labor Union. He entered his appearance as
4
representative of a member of the union
before the Labor Arbiter in a case for
illegal dismissal, unpaid wages and
overtime pay. Counsel for the Company
objected to A’s appearance and moved for
his disqualification on the ground that he
is not a lawyer. Resolve this as if you were
the Labor Arbiter. Explain. (2002 Bar
Exam)
SUGGESTED ANSWER:
I would deny the motion to disqualify A. This
is according to Article 228 of the Labor Code,
as amended, which authorizes non-lawyers to
appear before the National Labor Relations
Commission or any Labor Arbiter whether in
representation of their organization,
themselves or members thereof.
Proceedings Where Lawyers are
Prohibited to Appear as Counsels
QUESTION. Elaine filed a complaint against
Fely before their barangay concerning a
contract that they entered into. During
conciliation, Fely came with Sarah, who
claimed the right to represent her minor
sister. The barangay captain let Sarah
assist her sister. Eventually, the barangay
issued a certificate to file action after the
parties failed to settle their differences.
When Sarah formally appeared as lawyer
for her sister, Elaine filed an
administrative complaint against her for
taking part in the barangay conciliation
and preventing the parties from taking
meaningful advantage of the same. Is
Sarah liable? (2011 bar exam)
(a) No, because she has to represent her
sister who was a minor.
(b) No, because the Court can always
dismiss the case without prejudice
to a genuine conciliation.
(c) Yes, because what Sarah did was
deceitful and amounts to fraud.
(d) Yes, because as a lawyer, she is
forbidden to appear in
barangay conciliations.
SUGGESTED ANSWER:
(d) Yes, because as a lawyer, she is absolutely
forbidden to appear in barangay conciliations.

Public Officials Who Cannot Practice Law
or Can Practice Law With Restrictions
QUESTION. Atty. Eliseo represented Allan
in a collection suit against the Philippine
Charity Sweepstakes Office (PCSO). After
his election as sangguniang bayan member,
the court rendered a decision in PCSO’s
favor. Still, Atty. Eliseo appeared for Allan
in the latter’s appeal, prompting the PCSO
to question his right to do so. In response,
Atty. Eliseo claimed that the local
government code authorizes him to
practice law as long it does not conflict
with his duties. Is Atty. Eliseo right? (2011
bar exam)
(a) No, because he cannot appear against a
government instrumentality in a civil case.
(b) Yes, because his official duties do not
conflict with his private practice.
(c) No, because he works on his private
case at the sacrifice of public service.
(d) Yes, because he does not appear in the
case as a municipal official.
SUGGESTED ANSWER:
(a) No, because he cannot appear against a
government instrumentality in a civil case.
QUESTION. Atty. Fred is a law practitioner
and headed a law firm bearing his name
and those of his partners. When Atty. Fred
was elected as Congressman, his client's
needs were handled by the other partners.
Later, A, a newly proclaimed
congressman-friend, faced an election
protest before the HRET, and sought the
help of Congressman Fred who immediately
directed his law firm to appear for A. B,
the protestant, sought the disqualification
of Congressman Fred's law firm from
appearing before the HRET because
Congressman Fred is prohibited from
practicing his profession. Decide. (2012
bar exam)
A. Yes, Congressman Fred's law firm is
disqualified because Congressman Fred
may exercise undue influence on his peers
who are members of HRET.
B. No, the law firm is not disqualified
because it is another partner, and not
Congressman Fred who is appearing.
C. No, the prohibition is on Congressman
Fred from personally appearing, and not to
his partners.
D. Yes, the spirit of the prohibition is
5
clearly to avoid influence and cannot be
indirectly circumvented."
SUGGESTED ANSWER:
C. No, the prohibition is on Congressman Fred
from personally appearing, and not to his
partners.
Sec. 14, Art. VI, 1987 Const provides that no
Member of the House of Representatives may
personally appear as counsel before any court
of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies
QUESTION. Vice-Mayor Ron is a well-loved
law practitioner because he assists his
constituents, especially the indigents. Ed,
one of his friends who is employed as
Cashier in the Register of Deeds, sought his
assistance because he was charged with
Malversation in court. Can Vice-Mayor Ron
appear as counsel of Ed? (2012 bar exam)
A. Yes, members of the Sanggunian are
allowed to practice their profession.
B. No, because Ed is charged with an
offense in relation to his office.
C. Yes, since the position of Ed does not
pertain to the local government.
D. No, because all criminal cases are
against the government.
SUGGESTED ANSWER:
B. No, because Ed is charged with an offense
in relation to his office.
Sec. 90(b)(1), RA 7160 provides that
sanggunian members who are also members
of the Bar 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
QUESTION. Atty. Noe was elected
Vice-Governor and continued with his law
practice. Later, the governor went on sick
leave for one (1) year and Atty. Noe was
designated as Acting Governor. Since
hearings have already been set, can Atty.
Noe continue appearing as counsel in the
cases handled by him? (2012 bar exam)
A. Yes, because his election is only as
Vice-Governor, and his delegation as
Governor is only temporary.
B. Yes, but only for the hearings that have
already been set.
C. Yes, provided Atty. Noe seeks the
permission of DILG.
D. No, all governors – even under acting
capacity – are prohibited from exercising
their profession.
SUGGESTED ANSWER:
D. No, all governors – even under acting
capacity – are prohibited from exercising
their profession.
Sec. 90(a), RA 7160 provides that All
governors, city and municipal mayors are
prohibited from practicing their profession or
engaging in any occupation other than the
exercise of their functions as local chief
executives
QUESTION. Enumerate lawyer-public
officials who can engage in the private
practice of law.
SUGGESTED ANSWER:
The following lawyer-public officials can
engage in the private practice of law but with
certain restrictions:
1. Senators or Members of the House of
Representatives. (Art. VI, Sec. 14,
1987 Constitution) Since the practice
of law covers a wide range of legal
activities (Cayetano v. Monsod, 201
SCRA 210), the Senator or
Congressman is allowed to engage in
the other aspects of the law practice
such as the giving of legal advice to
clients, negotiating contracts in
behalf of clients which necessitates
legal knowledge, preparation of legal
documents and other similar aspects
of practice of law.
2. Sanggunian members may practice
their professions, provided that they
shall not:
a. 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;
b. 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;
c. Collect any fee for their
6
appearance in administrative
proceedings involving the
local government unit of
which he is an official; and
3. Use property and personnel of the
Government except when the
sanggunian member concerned is
defending the interest of the
Government (R.A. No. 7160, Sec. 90,
Local Government Code);
4. A retired Justice or judge receiving
pension from the Government, cannot
act as counsel in any civil case in
which the Government or any of its
subdivisions or agencies is the
adverse party or in a criminal case
wherein an officer or employee of the
Government is accused of an offense
in relation to his office. (R.A. No.
910, Sec. 1, as amended)
Lawyer’s Oath
QUESTION. George, an American citizen
doing business in the Philippines, bought a
lot in Manila and secured the services of
Atty. Henry for the execution of the
required documents. Atty. Henry prepared
a Deed of Sale of Land using the name of
George's friend, Pete, as the buyer. In
order to protect George's interests and
ensure his free and undisturbed use of the
property for an indefinite period of time,
Atty. Henry also prepared a Counter Deed
of Sale and Occupancy Agreement signed
by Pete in favor of George. A competitor of
George filed a complaint for disbarment
against Atty. Henry on the ground that he
violated the Constitution and the CPR. Rule
on the complaint and explain. (2016 bar
exam)
SUGGESTED ANSWER:
I will rule in favor of the complainant. In the
case of Donlon v. Tansingco, (A.C. No. 6057,
493 SCRA 1,June 27, 2006), which involves
the same facts as in this case, the Supreme
Court held that in preparing an Occupancy
Agreement, the lawyer in the said case
advised and aided a foreigner in
circumventing the constitutional prohibition
against foreign ownership of land. Thus, the
Supreme Court held that the lawyer used his
knowledge of the law to achieve an unlawful
end, which amounts to malpractice in his
office, for which he may be suspended.
Hence, that ruling is equally applicable in this
case.
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.
(2018 bar exam)
SUGGESTED ANSWER:
I, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I
will support its Constitution and obey 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 nor 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 this voluntary obligation without any
mental reservation or purpose of evasion. So
help me God.
DUTIES AND RESPONSIBILITIES OF A
LAWYER
To Society
QUESTION. Atty. Doblar represents Eva in
a contract suit against Olga. He is also
defending Marla in a substantially
identical contract suit filed by Emma. On
behalf of Eva, Atty. Doblar claims that the
statute of limitations runs from the time of
the breach of the contract. In the action
against Marla, Atty. Doblar now argues the
reverse position – i.e., that the statute of
limitation does not run until one year after
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.
7
Is there an ethical/professional
responsibility problem in this situation? If
a problem exists, what are its implications
or potential consequences? (2013 bar
exam)
SUGGESTED ANSWER:
Yes. There is an ethical/professional
responsibility problem because of the act of
Atty. Doblar in arguing the reverse positions.
In counseling on the contradictory positions,
he has counseled or abetted activities aimed
at defiance of the law or at lessening
confidence in the legal system (Rule 1.02,
Canon of Professional Responsibility) as
conflicting opinions may result from an
interpretation of the same law. Atty. Doblar
could not seek protection on the pretense
that what he did was for the benefit of his
clients as 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;
and his conduct ought to and must always be
scrupulously observant of law and ethics
(Magsalang v. People, G.R. No. 90083,
October 4, 1990).
QUESTION. Sonia, who is engaged in the
lending business, extended to Atty.
Roberto a loan of P500,000.00 with
interest of P25,000.00 to be paid not later
than May 20, 2016. To secure the loan,
Atty. Roberto signed a promissory note and
issued a postdated check. Before the due
date, Atty. Roberto requested Sonia to
defer the deposit of the check. When Atty.
Roberto still failed to pay, Sonia deposited
the check which was dishonored. Atty.
Roberto ignored the notice of dishonor and
refused to pay.
[a] Did Atty. Roberto commit any violation
of the CPR? Explain.
[b] Can he be held civilly liable to Sonia in
an administrative case for suspension or
disbarment? Explain. (2016 bar exam)
SUGGESTED ANSWER:
[a] Atty. Roberto committed a violation of
Canon 1, Rule 1.01, and Canon 7, Rule 7.03 in
issuing a bouncing check. He should know
very well that the issuance of a bouncing
check is an unlawful act, a crime involving
moral turpitude (Co v. Bernardino, A.C. No.
3919, January 28, 1998).
[b] No. The sole issue in an administrative
case is the determination of whether or not a
lawyer is still fit to continue being a lawyer.
The Supreme Court will not order the return
of money which is not intimately related to a
lawyer-client relationship (Wong v. Moya, A.C.
6972, October 17, 2008; Sps. Concepcion v.
Atty. de la Rosa, A.C. No. 10681, Feb. 3,
2015).
QUESTION. City Prosecutor Phillip
prosecuted the criminal case for the
murder of the city mayor against the
accused Reynaldo, the losing mayoralty
candidate. There was no private
prosecutor and Phillip personally handled
the prosecution of the case from
arraignment up to the presentation of the
evidence for the accused. Before the trial,
Alfonso approached Phillip and confessed
that he is the killer of the city mayor and
not Reynaldo. When the case was called
for trial, Phillip manifested before the
court that Alfonso approached him and
admitted that he killed the mayor and
asked the court for whatever proper action
it may take. The counsel for the accused
took advantage of the presence of Alfonso,
who was placed on the witness stand and
elicited testimonial evidence. The court
eventually acquitted Reynaldo. The heirs
of the city mayor filed a disbarment case
against Phillip on the ground that it is his
duty to see to it that the criminal is
convicted and punished. They believe
Reynaldo is the real killer and Alfonso was
only a fall guy and that Reynaldo could not
have been acquitted were it not for the
disclosure of Phillip. Phillip argues that the
City Prosecutor is not for the offended
party or the heirs of the victim but it is his
main duty that "justice be done." Did
Phillip commit any violation of the CPR?
Explain. (2016 bar exam)
SUGGESTED ANSWER:
Phillip did not commit any violation of the
Code of Professional Responsibility. Rule 6.01
categorically states that ""the primary duty of
a lawyer engaged in public prosecution is not
to convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
reprehensible and is cause for disciplinary
action"". A public prosecutor "is a
representative not of an ordinary party in a
controversy, but of a sovereignty whose
obligation to govern impartially is as
compelling as its obligation to govern at all"
(Suarez v. Platon, 69 Phil. 556, G.R. No.
8
46371, 7 February 1990).
QUESTION. Determine if the following
advertisements by an attorney are ethical
or unethical. Explain your answer.
(a) A calling card, 2 inches x 2 inches in
size, bearing the attorney's name in bold
print, office, residence and email
addresses, telephone and facsimile
numbers.
(b) 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.
(2017 bar exam)
SUGGESTED ANSWER:
(a) ETHICAL. A lawyer, in making known their
legal services shall use only true, honest, fair,
dignified and objective information or
statement of facts. (Canon 3, CPR) For
solicitation to be proper, it must be
compatible with the dignity of the legal
profession. If made in a modest and decorous
manner, it would bring no injury to the lawyer
or to the bar. (Warvelle, Legal Ethics, p.55)
(b) UNETHICAL. A lawyer shall not pay or give
anything of value to representatives of the
mass media in anticipation of, or in return
for, publicity to attract legal business. (Rule
3.04, Canon 3, CPR) A lawyer should not
resort to indirect advertisements such as a
pictorial press release in a newspaper to
attract legal business.
To The Legal Profession
QUESTION. You had just taken your oath as
a new lawyer. The secretary of a big
university offered to get you as the
university's notary public. She explained
that the faculty and students would be
sent to you to have their documentations
and affidavits notarized; and that the
arrangement would be very lucrative for
you. However, the secretary wants you to
share with her half of your earnings
throughout the year.
Will you agree to the arrangement
proposed by the secretary of the
university? Explain your answer. (2017 bar
exam)

SUGGESTED ANSWER:
No, I will not. Rule 9.02 states that a lawyer
shall not divide or stipulate to divide a fee
for legal services with persons not licensed to
practice law.The secretary here does not
have a license to practice law, thus it is
illegal for me to divide my earning with her
throughout the year.
QUESTION. Atty. Anna Kirmet was one of
Worry Bank's valued clients. The bank gave
her a credit card with a credit limit of
₱250,000.00. Because of her
extravagance, Atty. Kirmet exceeded her
credit limit and refused to pay the monthly
charges as they fell due. Hence, aside from
a collection case, Worry Bank filed a
disbarment case against Atty. Kirmet. In
her comment on the disbarment complaint,
Atty. Kirmet insisted that she did not
violate the Code of Professional
Responsibility because her obligation to
the bank was personal in nature and had
no relation to her being a lawyer. Is Atty.
Kirmet correct? Explain your answer
briefly. (2017 bar exam)
SUGGESTED ANSWER:
No. Atty. Anna Kirmet is not correct. A lawyer
should act according to the standards of the
legal profession even in his personal acts. A
lawyer shall not engage in conduct that
adversely affects their fitness to practice law,
nor shall they, whether in public or private
life, behave in a scandalous manner to the
discredit of the legal profession. (Rule 7.03,
Canon 7, CPR)
Alternative answer: NO, Atty. Kirmet is not
correct, especially so that a disbarment
proceeding is sui generis that they are neither
civil nor purely criminal. It involves an
investigation by the Court into the conduct of
one of its officers (Pena v. Aparicio, A.C. No.
7298, 25 June 2007). 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 of 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. Kirmet has the moral duty and legal
responsibility to settle her financial
9
obligations when they become due. It is a
well-settled rule 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 (Garcia v. Bulauitan, A. C. No. 7280, 16
Nov. 2006).
Generally, a lawyer may be disbarred or
suspended for any misconduct whether in
want of moral character in honesty, probity
and good demeanor. (Marcelo v. Javier, Sr.,
A.C. No. 3248, 18 Sept. 1992)
QUESTION. A lawyer advertised in the
newspaper the following:
Atty. B is a newly admitted member of the
Philippine Bar. As a means to manage his
heavy case load, Atty. B delegated the
preparation and signing of all motions for
extension of time to his secretary, Ms. D.
On the signature page of every motion, the
following would appear:
"Ms. D for B Law Office""
X, one of Atty. B's clients, expressed
concern over such practice. Atty. B
reassured him that the same is completely
permissible as lawyers are allowed to
devise means to efficiently manage their
workload. Besides, Ms. D is acting under
his full knowledge and authority.
Does the practice of Atty. B of having his
motions for extension of time signed by
Ms. D constitute any violation of the Code
of Professional Responsibility? Explain.
(2019 bar exam)
SUGGESTED ANSWER:
Yes. A lawyer shall not, directly or indirectly,
assist in the unauthorized practice of law.
(Canon 9) Also, 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.
(Canon 9; Rule 9.01, Code of Professional
Responsibility)
The Courts
QUESTION. Which of the following
demonstrates the lawyer's duty to give the
court the respect it deserves? (2011 bar
exam)
(a) Counsel constantly appearing in court
on time.
(b) Counsel obeying court's orders and
processes.
(c) Woman counsel appearing in court
dressed in business attire.
(d) Counsel addressing the court as ""Your
Honor"" at all times."
SUGGESTED ANSWER:
(b) Counsel obeying court's orders and
processes.
QUESTION. Atty. Hermano requested his
fraternity brother, Judge Patron, to
introduce him to Judge Apestado, before
whom he has a case that had been pending
for sometime.
Judge Patron, a close friend of Judge
Apestado, acceded to the request, telling
the latter that Atty. Hermano is his
fraternity "brod" and that Atty. Hermano
simply wanted to ask for advice on how to
expedite the resolution of his case. They
met, as arranged, in the fine dining
restaurant of a five-star hotel. Atty.
Hermano hosted the dinner. Did Atty.
Hermano, Judge Patron and Judge
Apestado commit any
ethical/administrative violation for which
they can be held liable? (2013 bar exam)
SUGGESTED ANSWER:
Yes, the three (3) of them committed
ethical/administrative violations for which
they can be held liable. Atty. Hermano, for
hosting the dinner, violated Canon 13 of the
Code of Professional Responsibility which
states that a lawyer should refrain from any
impropriety which tends to influence or give
the appearance of influencing the court and
that a lawyer shall not extend extraordinary
attention or hospitality to, nor seek
opportunity for cultivating familiarity with
judges (Canon 13, Rule 13.01). Judge Patron
and Judge Apestado may also be held liable
for having the dinner meeting with Atty.
Hermano as it could be construed as
appearance of impropriety in violation of
Canon 2, Sec. 1 of the New Code of Conduct
for the Philippine Judiciary which states that
Judges shall avoid impropriety and the
appearance of impropriety in all of their
activities.
QUESTION. Atty. Luna Tek maintains an
account in the social media network called
Twitter and has 1,000 followers there,
including fellow lawyers and some clients.
10
Her Twitter account is public so even her
non-followers could see and read her posts,
which are called tweets. She oftentimes
takes to Twitter to vent about her daily
sources of stress like traffic or to comment
about current events. She also tweets her
disagreement and disgust with the
decisions of the Supreme Court by insulting
and blatantly cursing the individual
Justices and the Court as an institution.
a. Does Atty. Luna Tek act in a manner
consistent with the Code of Professional
Responsibility? Explain the reasons for
your answer.
b. Describe the relationship between a
lawyer and the courts. (2015 bar exam)
SUGGESTED ANSWER:
a. No, Atty. Luna Tek’s acts are inconsistent
with the Code of Professional Responsibility.
Canon 11 of the Rules of Court provides that
“a lawyer shall observe and maintain the
respect due to the Courts and to Judicial
officers and should insist on similar conduct
by others”. In the case at bar, Atty. Luna Tek
shows blatant disrespect to the Courts by
posting insults and curses towards the
Supreme Court and fellow officers of the
Court.
b. The Code of Professional Responsibility
provides for the the relationship of the
Lawyer towards the Court where Canon 10
provides that “a Lawyer owes candor, fairness
and good faith to the Court”, Canon 11
provides that “a Lawyer shall observe and
maintain the respect due to the Courts and to
Judicial officers and should insist on similar
conduct by others”, Canon 12 provides that
“a Lawyer shall exert every effort and
consider it his duty to assist in the speedy
and efficient administration of justice”, and
Canon 13 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”.
QUESTION. Y, who is a businessman, and
Atty. X are good friends. Due to their
closeness, Atty. X was able to borrow
₱300,000.00 from Y, which amount was
intended to refurbish Atty. X's law office.
Months after, Y got into a contractual
dispute with Z, one of his business
partners. Hence, Y sought the legal
services of Atty. X for the filing of the
proper action against Z. In consideration
for his legal services, Y paid Atty. X an
acceptance fee of ₱50,000.00.
Unfortunately, Atty. X and Y's relationship
turned sour. Thus, all communications
between them were cut, and worse, Atty. X
failed to file the required initiatory
pleading against Z on the date agreed
upon. Aggrieved, Y filed an administrative
complaint, seeking that Atty. X be
sanctioned and that the ₱50,000.00
acceptance fee and the ₱300,000.00
personal loan be returned to him.
(a) What administrative violation/s did
Atty. X commit, if any? Explain.
SUGGESTED ANSWER:
CANON 12 — A lawyer shall exert every effort
and consider it his duty to assist in the
speedy and efficient administration of
justice.
RULE 12.03 A lawyer shall not, after obtaining
extensions of time to file pleadings,
memoranda or briefs, let the period lapse
without submitting the same or offering an
explanation for his failure to do so.
To The Clients
QUESTION. In settling his client's claims,
Atty. Cruz received from the adverse party
P200,000 in cash for his client. Which of
the following is an IMPROPER way for Atty.
Cruz to handle the money? (2011 bar exam)
(a) Ask his client to prepare a check for his
fees for swapping with the cash.
(b) Deposit the cash in his own bank
account and later issue his personal check
to his client, less his fees.
(c) Turn over the cash to his client with a
request that the latter pay him his fees.
(d) Tell his client about the settlement and
the cash and wait for the client's
instructions.
SUGGESTED ANSWER:
(b) Deposit the cash in his own bank account
and later issue his personal check to his
client, less his fees.
QUESTION. Mr. Joseph, owner of an
investment house, consulted a friend ,
Atty. Miro, about a potential criminal
action against him because he cannot pay
investors due to temporary liquidity
11
problems. Atty. Miro asked Mr. Joseph to
transfer to him all assets of the firm and
he will take charge of settling the claims
and getting quitclaims. A month later, Mr.
Joseph was surprised to receive a demand
letter from Atty. Miro, as counsel for all
the claimants, for the pay back of their
investments. After a while, Mr. Joseph
received releases and quitclaims from the
investors, with desistance from filing
criminal action against him. Atty. Miro
later told Mr. Joseph that he sent the
demand letter so he can claim attorney's
fee. Was there a conflict of interest? (2012
bar exam)
A. No, there was no formal engagement of
Atty. Miro as counsel for Mr. Joseph.
B. Yes, by giving legal advice to Mr.
Joseph, the latter became a client of Atty.
Miro.
C. No, there is no attorney-client
relationship between Mr. Joseph and Atty.·
Miro as no attorney's fee was charged nor
paid to the latter.
D. Yes, because Atty. Miro was
representing Mr. Joseph when he
disposed the assets to pay off the claims"
SUGGESTED ANSWER:
B. Yes, by giving legal advice to Mr. Joseph,
the latter became a client of Atty. Miro.
In Hilado v. David, (GR. No. L-961.
September 21, 1949) on the doctrine that
formality is not an essential element in
establishing a lawyer-client relationship so
long as a lawyer’s advice and assistance is
sought and received
in matters pertaining to his profession.
QUESTION. R is retained counsel of ABC
Bank-Ermita Branch. One day, his
Balikbayan Compadre B, consulted him
about his unclaimed deposits with the said
branch of ABC Bank, which the bank had
refused to give to him claiming that the
account had become dormant. R agreed to
file a case against the bank with the
Regional Trial Court (RTC) of Manila. B lost
the case, but upon the advice of R, he no
longer appealed the decision. B later
discovered that R was the retained counsel
of ABC Bank-Ermita Branch. Does B have
any remedy? Discuss the legal and ethical
implications of the problem. (2014 bar
exam)
SUGGESTED ANSWER:
B can file an administrative case against R on
the ground of conflict of interest. There is
conflict of interest if the acceptance of the
new retainer will require the attorney to
perform an act which will injuriously affect
his first client in any matter in which he
represents him and also whether he will be
called upon in his new relation to use against
his first client any knowledge acquired
through their connection. Rule 15.03
prohibits a lawyer from representing
conflicting claims except by written consent
of all concerned given after a full disclosure
of the facts. Here, there was no consent
made by either party. R's conflict of interest
over B's case as retained counsel of ABC Bank
prejudiced B's case. (Rule 15.03, Canon of
Professional Responsibility)
QUESTION. Jaybee engaged the services of
Atty. Pete to defend him in a criminal case
for 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 dealings 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. (2016 bar exam)
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 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." 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
12
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.
SUSPENSION, DISBARMENT, AND DISCIPLINE
OF LAWYERS
QUESTION. Atty. Utang borrowed from Y
Php 300,000.00 secured by a post-dated
check. When presented, the check was
dishonored. Y filed a BP 22 case in court,
and a disbarment complaint with the IBP. In
the latter case, Atty. Utang moved for
dismissal as the act has nothing to do with
his being. a lawyer and that it is
premature because the case is pending and
he is entitled to presumption of innocence.
Should the disbarment complaint be
dismissed? (2012 bar exam)
A. No, because lawyers may be disciplined
for all acts, whether professional or
private.
B. Yes, there is no conviction yet.
C. Yes, BP 22 does not involve moral
turpitude.
D. No, unless he pays the amount of the
check to the satisfaction of Y."
SUGGESTED ANSWER:
A. No, because lawyers may be disciplined for
all acts, whether professional or private.
In the case of Tapucar v. Tapucar, (Adm. Case
No. 4148, July 30,1998) it reiterated the rule
that the Court may disbar or suspend a
lawyer for misconduct, whether in his
professional or private capacity, which shows
him to be wanting in moral character, in
honesty, probity, and good demeanor
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. (2014 bar exam)
SUGGESTED ANSWER:
Yes, Judge H may have Atty. D suspended or
disbarred from the practice of law. Sec. 27 of
Rule 138 states 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, among others. Atty. D's acts of
shouting invectives and harassing witnesses is
unbecoming of a lawyer and and in violation
of Rule 7.03 a lawyer shall not, whether in
public or private life, behave in a scandalous
manner to the discredit of the legal
profession. Therefore, Atty. D may be subject
to suspension or disbarment that can only be
acted upon by the Supreme Court.
QUESTION.
a. What are the grounds for disbarment or
suspension from office of an attorney? (4%)
b. If Atty. Babala is also admitted as an
attorney in a foreign jurisdiction, what is
the effect of his disbarment or suspension
by a competent court or other disciplinary
authority in said foreign jurisdiction to his
membership in the Philippine Bar? (2015
bar exam)
SUGGESTED ANSWER:
a. Rule 138 Sec. 27 of the Rules of Court
states that “A member of the bar may be
removed 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 his conviction of a
crime involving moral turpitude, or for any
violation of the oath which he is required to
take before the admission to practice, or for
a wilful disobedience of any lawful order of a
superior court, or for corruptly or willful
appearing as an attorney for a party to a case
without authority so to do. The practice of
soliciting cases at law for the purpose of gain,
either personally or through paid agents or
brokers, constitutes malpractice.”
b. Rule 138 Sec. 27 of the Rules of Court
provide that “The disbarment or suspension
of a member of the Philippine Bar by a
competent court or other disciplinary agency
in a foreign jurisdiction where he has also
been admitted as an attorney is a ground for
his disbarment or suspension if the basis of
such action includes any of the acts
hereinabove enumerated. The judgment,
resolution or order of the foreign court or
13
disciplinary agency shall be prima facie
evidence of the ground for disbarment or
suspension (In re: Suspension of Atty.
Maquera, B.M. No. 793, 2004).
QUESTION. Alleging that Atty. Frank had
seduced her when she was only 16 years
old, and that she had given birth to a baby
girl as a result, Malen filed a complaint for
his disbarment seven years after the birth
of the child charging that he was a grossly
immoral person unworthy and unfit to
continue in the Legal Profession. In his
comment, Atty. Frank argued that the
complaint for disbarment should be
dismissed because of prescription.
Explain whether or not Atty. Frank's
argument is justified. (2017 bar exam)
SUGGESTED ANSWER:
Atty. Frank’s defense of prescription is not
justified. Disbarment is imprescriptible.
Moreover, administrative proceedings against
a lawyer are sui generis, neither civil nor
criminal. The ordinary statutes of limitation
have no application to disbarment
proceedings (Calo Jr. v. Degamo, A.C. No.
516, 1967). 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.
NOTARIAL PRACTICE
Notarial Register
QUESTION. A notary public is required to
record chronologically the notarial acts
that he performs in the: (2012 bar exam)
A. Notarial Book;
B. Roll of Documents Notarized;
C. Notarial Register;
D. Notarial Loose Leafs Sheets.
SUGGESTED ANSWER:
C. Notarial Register
QUESTION. The reports of a Notary Public
are submitted to the: (2012 bar exam)
A. Executive Judge;
B. Court Administrator;
C. Notarial Archives;
D. Clerk of Court.
SUGGESTED ANSWER:
D. Clerk of Court
Competent Evidence of Identity
QUESTION. The acknowledgment appearing
in a deed of sale reads: “Before me
personally appeared this 30 August 2010
Milagros A. Ramirez, who proved her
identity to me through witnesses: 1.
Rosauro S. Balana, Passport UU123456;
1-5-2010/ Baguio City; and 2. Elvira N.
Buela, Passport
VV200345; 1-17-2009/ Manila.
“Both witnesses, of legal ages, under oath
declare that: Milagros A. Ramirez is
personally known to them; she is the same
seller in the foregoing deed of sale; she
does not have any current identification
document nor can she obtain one within a
reasonable time; and they are not privy to
or are interested in the deed he signed.”
What is the status of such a notarial
acknowledgment? (2011 bar exam)
A. Questionable since the notary public is
not shown to personally know the principal
party.
B. Ineffective since it included parties not
privy to the deed.
C. Invalid since the evidence of identity is
non-compliant with the notarial rules.
D. Valid since it is a manner of establishing
the identity of the person executing the
document.
SUGGESTED ANSWER:
D. Valid since it is a manner of establishing
the identity of the person executing the
document.
Sec. 12, Rule II provides that “The phrase
“competent evidence of identity” refers to
the identification of an individual based on:
(b) the oath or affirmation of one credible
witness not privy to the instrument,
document or transaction who is personally
known to the notary public and who
personally knows the individual, or of two
credible witnesses neither of whom is privy to
the instrument, document or transaction who
each personally knows the individual and
shows to the notary public documentary
identification.”
14
QUESTION. Which of these does not
constitute competent evidence of identity?
(2012 bar exam)
A. Passport;
B. SSS card;
C. Community Tax Certificate;
D. Senior Citizen Card.
SUGGESTED ANSWER:
C. Community Tax Certificate
JUDICIAL ETHICS
QUALITIES
Independence
QUESTION. Judge Nacy personally
witnessed a vehicular accident near his
house. Later, the Reckless Imprudence case
was raffled to his sala. Is there a valid
ground for his inhibition? (2012 bar exam)
A. No. he is [neither] acquainted nor
related with any of the parties or lawyer.
B. No, his personal knowledge of what
actually happened will even ensure that he
will decide the case justly on the basis of
the true facts.
C. Yes, because a judge should decide a
case on the basis of the evidence
presented before him and not on
extraneous matters.
D. No, because there is no ground for
disqualification and no motion for
inhibition.
SUGGESTED ANSWER:
C. Yes, because a judge should decide a case
on the basis of the evidence presented before
him and not on extraneous matters.
QUESTION. Constantino was accused of
estafa by Hazel, the wife of Judge Andres,
for misappropriating the ring she entrusted
to him. Since Judge Andres was present
when Hazel handed the ring to
Constantino, he was compelled by his wife
to testify as a witness for the prosecution
in the criminal case. Did the judge commit
any violation of the New Code of Judicial
Conduct for the Philippine Judiciary?
Explain.
SUGGESTED ANSWER:
Yes. Section 4, Canon 4 of the New Code of
Judicial Conduct for the Philippine Judiciary
provides that "Judges shall not participate in
the determination of a case in which any
member of their family represents a litigant
or is associated in any manner with the case."
Judge Constantino's appearance as a witness
in the criminal case in which his wife was the
offended party is violative of this rule. It may
also be violative of Section 3, Canon 1, which
provides that "judges shall refrain from
influencing in any manner the outcome of
litigation or dispute pending before another
court or administrative agency".
Impartiality
QUESTION. Judge Clint Braso is hearing a
case between Mr. Timothy and Khristopher
Company, a company where his wife used
to work as one of its Junior Executives for
several years. Doubting the impartiality of
the Judge, Mr. Timothy filed a motion to
inhibit Judge Clint Braso. Judge Clint Braso
refused on the ground that his wife had
long resigned from the company. Decide.
(2014 bar exam)
SUGGESTED ANSWER:
I will not grant the motion to inhibit. The rule
is no judge shall sit in any case in which he is
related to either party within the sixth
degree of consanguinity or affinity, without
the written consent of all parties in interest,
signed by them and entered upon the record.
This is for purposes of fairness and propriety
so that a judge is not perceived, rightly or
wrongly, to be susceptible to bias and
partiality. However, the rule is subject to the
sound discretion of the Judge Clint Braso if he
deems it proper. (Sec. 2, Canon 3 of the New
Code of Judicial Conduct for the Philippine
Judiciary)
QUESTION. After the pre-trial of a civil
case for replevin, Judge D advised B’s
counsel to settle the case because
according to Judge D, his initial assessment
of the case shows that B’s evidence is
weak.
(a) Did Judge D commit an act of
impropriety? Explain. (2014 bar exam)
SUGGESTED ANSWER:
Yes. Canon 3.04 of the New Code of Judicial
Conduct states that Judges shall not
15
knowingly make any comment that might
reasonably be expected to affect the
outcome of a proceeding or impair the
manifest fairness of the process. By
commenting about his assessment of the
probative value of B's evidence in order to
prevent B losing the case shows impartiality
affecting the appearance of judges required
of them.
QUESTION. State at least five (5)
instances where judges should disqualify
themselves from participating in any
proceedings where their impartiality might
reasonably be questioned. (2016 bar exam)
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:
(a) The judge has actual bias or prejudice
concerning a party or personal knowledge
of disputed evidentiary facts concerning
the proceedings;
(b) The judge previously served as a lawyer or
was a material witness in the matter in
controversy;
(c) The judge or a member of his or her
family has an economic interest in the
outcome of the matter in controversy;
(d) 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;
(e) The judge's ruling in a lower court is the
subject of review;
(f) 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
(g) 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"".
Section 1, Rule 137, of the Revised Rules of
Court, provides for similar grounds.
QUESTION. Pending resolution of a
high-profile case against him, Justice K
uttered, in a public forum hosted by a local
Integrated Bar of the Philippines chapter,
his comments on the perceived bias of the
court against him, as well as on the issues
raised by the complainants, his defenses,
and the commentaries published by some
local newsmen in relation to the case. This
is only one instance of his many
appearances in different gatherings of such
nature in order to defend his public image.
(a) Did Justice K, in his capacity as a
lawyer, commit any violation of the Code
of Professional Responsibility? If so, what
rule did Justice K violate? Explain. (2019
bar exam)
SUGGESTED ANSWER:
(A) YES. He violated Canon 13 and Rule 13.02.
According to Canon 13, 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 13.02 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. (Canon
13; Rule 13.02, Code of Professional
Responsibility)
Propriety
QUESTION. In an action to prevent the
condominium developer from building
beyond ten (10) floors, Judge Cerdo
rendered judgment in favor of the
defendant developer. The judgment
became final after the plaintiffs failed to
appeal on time. Judge Cerdo and Atty.
Cocodrilo, counsel for the developer,
thereafter separately purchased a
condominium unit each from the developer.
Did Judge Cerdo and Atty. Cocodrilo
commit any act of impropriety or violate
any law for which they should be held
liable or sanctioned? (2013 bar exam)
SUGGESTED ANSWER:
Atty. Cocodrilo did not commit any ethical
violation, nor did he violate any law when he
purchased a condominium unit from the
developer. While Art. 1491 (5) of the Civil
Code prohibits judges and attorneys from
acquiring property, the prohibition applies
only while the property is still the subject of
litigation (Director of Lands v. Ababa, G.R.
No. L-26096, February 27, 1979). In this case,
the judgment has attained a state of finality.
16
However, Judge Cerdo may be held liable
under Sec. 1, Canon 4 of the New Code of
Judicial Conduct which states that Judges
shall avoid impropriety and the appearance of
impropriety in all of their activities. His act
of purchasing a condominium unit may be
construed as an appearance of impropriety or
consideration for his having decided the case
in favor of the defendant developer.
QUESTION. After the pre-trial of a civil
case for replevin, Judge D advised B’s
counsel to settle the case because
according to Judge D, his initial assessment
of the case shows that B’s evidence is
weak. (4%)
(a) Did Judge D commit an act of
impropriety? Explain.
SUGGESTED ANSWER:
Yes. Canon 3.04 of the New Code of Judicial
Conduct states that Judges shall not
knowingly make any comment that might
reasonably be expected to affect the
outcome of a proceeding or impair the
manifest fairness of the process. By
commenting about his assessment of the
probative value of B's evidence in order to
prevent B losing the case shows impartiality
affecting the appearance of judges required
of them.
QUESTION. Judge B and his family went on
vacation in 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.
SUGGESTED ANSWER:
YES. 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 7.03, CPR) A judge should
avoid impropriety and the appearance of
impropriety in all activities. (Canon 2) A
Judge should so behave at all times as to
promote public confidence in the integrity
and impartiality of the judiciary. (Rule 2.01) |
(Canon 2; Rule 2.01, Code of Judicial
Conduct; Rule 7.03, Code of Professional
Responsibility)
DISQUALIFICATION OF JUDICIAL OFFICERS
QUESTION. (a) Distinguish compulsory from
voluntary inhibition of judges.
(b) State at least two (2) instances when a
judge must compulsorily inhibit from a
case. (2019 bar exam)
SUGGESTED ANSWER:
(a) Section 1, Rule 137 of the Rules of Court
contemplate two kinds of inhibition:
compulsory and voluntary. Under the first
paragraph of the cited Rule, it is conclusively
presumed that judges cannot actively and
impartially sit in the instances mentioned.
The second paragraph, which embodies
voluntary inhibition, leaves to the sound
discretion of the judges concerned whether
to sit in a case for other just and valid
reasons, with only their conscience as guide.
(Sunico v. Gutierrez, A.M. No. RTJ-16-2457)
(b) No judge or judicial officer shall sit in any
case in which (1) he, or his wife or child, is
pecuniarily interested as heir, legatee,
creditor or otherwise, or in which (2) he is
related to either party within the sixth
degree of consanguinity or affinity. (Section
1, Rule 137 of the Rules of Court)
QUESTION. Judge Clint Braso is hearing a
case between Mr. Timothy and Khristopher
Company, a company where his wife used
to work as one of its Junior Executives for
several years. Doubting the impartiality of
the Judge, Mr. Timothy filed a motion to
inhibit Judge Clint Braso. Judge Clint Braso
refused on the ground that his wife has
long resigned from the company. Decide.
(2014 bar exam)
SUGGESTED ANSWER:
I will not grant the motion to inhibit. The rule
is no judge shall sit in any case in which he is
related to either party within the sixth
degree of consanguinity or affinity, without
the written consent of all parties in interest,
signed by them and entered upon the record.
This is for purposes of fairness and propriety
so that a judge be not perceived, rightly or
wrongly, to be susceptible to bias and
partiality. However, the rule is subject to the
sound discretion of the Judge Clint Braso if he
deems it proper. (Sec. 2, Canon 3 of the New
17
Code of Judicial Conduct for the Philippine
Judiciary)
QUESTION. Atty. Tristan filed a motion to
disqualify Judge Robert from hearing a
civil case on the ground that the latter was
the classmate and fraternity brother of
Atty. Mark, Atty. Tristan's opposing
counsel. Judge Robert denied the motion
on the ground that under Rule 3.12 of the
Code of Judicial Conduct, he is not
required to inhibit in all cases where his
classmates and fraternity brothers are
participating lawyers in cases before him.
Is Judge Robert correct in denying the
motion? (2016 bar exam)
SUGGESTED ANSWER:
Judge Robert is correct in denying the motion
for inhibition on the ground that he was the
classmate of Atty. Tristan's adverse counsel.
The Supreme Court has held that even though
one of the counsels in a case was a classmate
of the judge it is not a mandatory ground for
his disqualification (Vda. de Bonifacio v. BLT
Bus Co., Inc., G.R. No. L-26810, 34 August 31,
1970, 34 SCRA 618 [197011, Santos v.
Lacurom, A.M. No. RTJ-04-1823, August 28,
2006). However, he may inhibit on the
discretionary ground that his refusal to inhibit
may reasonably cause the parties to lose trust
and confidence in the court.
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 from this case?
Explain. (2019 bar exam)
SUGGESTED ANSWER:
YES. Rule 3.12 (b) of the Code of Judicial
Conduct provides that a judge should take no
part in a proceeding where the his
impartiality might reasonably be questioned.
These cases include, among others,
proceedings where the judge or lawyer was a
material witness therein. (Rule 3.12(b), Code
of Judicial Conduct)

DISCIPLINE AND ADMINISTRATIVE
JURISDICTION OVER MEMBERS OF THE
JUDICIARY
QUESTION. Administrative penalties
imposed on judges are: (2011 bar exam)
A. curative.
B. punitive.
C.corrective.
D. both punitive and corrective.
SUGGESTED ANSWER:
D. both punitive and corrective
QUESTION. Administrative complaints
against Judges and Justices below the
Supreme Court are handled by: (2012 bar
exam)
A. Clerk of Court of the Supreme Court.
B. Ombudsman.
C. Presiding Justice of the Court of
Appeals.
D. Office of the Court Administrator.
SUGGESTED ANSWER:
D. Office of the Court Administrator.
QUESTION. An anonymous letter addressed
to the Supreme Court was sent by one
Malcolm X, a concerned citizen,
complaining against Judge Hambog,
Presiding Judge of the RTC of Mahangin
City, Branch 7. Malcolm X reported that
Judge Hambog is acting arrogantly in
court; using abusive and inappropriate
language; and embarrassing and insulting
parties, witnesses, and even lawyers
appearing before him. Attached to the
letter were pages from transcripts of
records in several cases heard before
Judge Hambog, with Judge Hambog's
arrogant, abusive, inappropriate,
embarrassing and/or insulting remarks or
comments highlighted.
Describe briefly the procedure followed
when giving due course to a complaint
against an RTC judge. (2015 bar exam)
SUGGESTED ANSWER:
Since a disciplinary case is an administrative
proceeding, technical rules of procedure and
evidence are not strictly applied and
administrative due process cannot be fully
equated with due process in its strict judicial
sense.Administrative due process essentially
means "an opportunity to explain one's side or
an opportunity to seek reconsideration of the
18
action or ruling complained of." When the
Court acts motu proprio, this opportunity
arises through the filing of a comment upon
order of the Court. In a case where the
proceedings are initiated by a complaint, the
Rules of Court state that the complaint must
state the acts or omissions constituting a
violation of our ethical rules.
PRACTICE EXERCISES
DEED OF SALE OF REAL PROPERTY AND
DEED OF SALE OF PERSONAL PROPERTY
QUESTION. Believing that an onerous
transfer would result in lesser taxes than a
gratuitous transfer, Nenita Villo, a widow,
decided to sell her lone asset worth
₱3,000,000.00 to her daughters, Andrea,
Carina and Carissa, all of legal age,
gainfully employed and still unmarried.
The asset consisted of the house and the
lot registered under Transfer Certificate of
Title No. 67890 of the Register of Deeds of
Paranaque City and situated at No. 3156
Bayswater Street, Metro Ville Subdivision,
Paranaque City where Nenita and her
daughters presently resided.
Nenita required her daughters to make a
down payment of ₱1,000,000.00, and the
balance to be paid once the title to the
property was transferred to her daughters'
names. All the taxes, fees, and costs
related to the sale would be for the
account of Nenita, while those related to
the transfer of title would be paid by
Andrea, Carina and Carissa.
Draft the contract to be executed by
Nenita and her daughters in connection
with the transfer of the house and lot.
Omit details other than those stated in the
question. (2017 bar exam)
SUGGESTED ANSWER:
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This Agreement, made and executed this 5th
day of November 2017 by and between:
The manner of the complete and total
payment received by the SELLER from the
BUYER being as follows:
The amount of One Million Pesos,Philippine Competent evidence of identity Which is
Currency(Php1,000,000.00), upon signing of Passport No. _________
this Agreement, received in cash by the Issued at _________
SELLER; as down payment; anc On _________
The balance in the amount of Two Million Expiring on _________
Pesos, Philippine
Currency(Php2,000,000.00),to be paid to the
SELLER by the BUYER the property was ANDREA VILLO
transferred to the BUYER'S names. Buyer _________
All the taxes, fees, and costs related to the Community Tax No. _________
sale shall before the account of the SELLER Issued at _________
while those related to the transfer of the On _________
title would be paid by the BUYERS. Competent evidence of identity Which is
IN WITNESS WHEREOF,the parties have Passport No. _________
hereunto affixed their signatures on this Issued at _________
instrument on this 5th of November 2017 in On _________
Parañaque City,Philippines. Expiring on _________

Nenita Villon, of legal age, widow, with CARINA VILLO

residence at No. 3156 Bayswater Street, Buyer _________
MetroVille Subdivision, Parañaque City, Community Tax No. _________
hereafter referred to as the "SELLER", Issued at _________
On ________
and Competent evidence of identity Which is
Passport No. ________
Andrea Villon, Carina Villon, and Issued at ________
CarissaVillon, all of legal age, single and with On ________
residence at 3156 Bayswater Street, Metro Expiring on ________
Ville Subdivision, Parañaque City, and
hereafter referred to as the "BUYER"; CARISSA VILLO
Buyer _________
WITNESSETH, That: Community Tax No. _________
WHEREAS, the SELLER is the legal and Issued at _________
absolute owner of a house and lot registered On _________
under Transfer Certificate of Tide No. 67890 Competent evidence of identity Which is
of the Register of Deeds of Parañaque City, Passport No. _________
more particularly described as follows: Issued at _________
On _________
State the technical description, Expiring on _________

Hereinafter referred to as the PROPERTY; SIGNED IN THE PRESENCE OF:

WHEREAS,the SELLER has agreed to sell to the
BUYER all his rights, title, and interest over
the subject PROPERTY,and
NOW,THEREFORE, for an in consideration of
the sum of be paid by the BUYERS to the
SELLER in accordance with the following
manner of payment, the SELLER hereby
SELLS,CEDES, TRANSFERS, ASSIGNS, and
CONVEYS, unto the BUYERS,their heirs and
assigns,the above-described parcel of land.
NENITA VILLO
Seller_________
Community Tax No. _________
Issued at _________
On _________
Republic of the Philippines)
City of Parañaque )S.S.
In the City of Parañaque, Philippines, this 5th
day ofNovember 2017 personally appeared
before me the seller and the buyers who
exhibited before me their community tax
certificates with nos., places and dates issue
below their names and their competent
evidences of identity as stated also below
their respective names, all of whom are to
me known and known to be the same persons
who executed the forego ngdeed of absolute
sale, and they acknowledged that the same
isof their free and voluntary act and deed.
I further certify that the foregoing instrument
is a deed of Street, Metro VilleS Subdivision,

19
Parañaque City and that this which this
acknowledgment is written, and signed on
each and every page by the said parties and
their instrumental witnesses.
NOTARY PUBLIC
Office address ________
Commission No. ________
Until December ________
For the City of ________
Roll No. ________
IBP OR No. date, and place of issuance PTR
OR No.date, and place of issuance MCLE
Compliance until ________
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2017.
JUDICIAL AFFIDAVIT
QUESTION. On March 1, 2017, sisters and
business partners Carmina and Celeste
Corominas borrowed PhP 500,000 from
Carmen Carunungan. It was agreed that the
amount will be paid in full one (1) year
after, or on March 1, 2018, with interest at
the rate of 10% per annum, without
necessity of a demand. They also agreed to
be bound jointly and severally. For this
purpose, they executed a promissory note,
secured by a postdated check in the
amount of PhP 550,000 drawn from their
joint account, which check was dated
March 1, 2018.
When the debt became due, Carmen
deposited the check but it was dishonored
for insufficient funds. Carmen then sued
Carmina and Celeste for estafa through
falsification of a commercial document.
After finding probable cause, the
prosecutor filed a criminal case in court,
where the sisters were required to file
their joint judicial affidavit. In their
affidavit, they raised the defense that
they could not be guilty of estafa because:
(i) the check was issued only as a form of
security; (ii) even if issued as payment, it
was for a pre-existing debt; and (iii) it was
only upon Carmen's insistence that they
issued the check.
20
Before the case could be decided, the
sisters offered to settle their debt through
a dacion en pago. They offered a Honda
CRV which they jointly owned in full
settlement of the loan. Carmen agreed.
Prepare the following documents in legally
acceptable and enforceable forms, based
on the above facts:
(a) The Promissory Note (5%);
(b) The Judicial Affidavit (10%); and
(c) The Dacion en Pago (10%). (2018
Bar Exams)
SUGGESTED ANSWER:
(a) Promissory Note:
“ For value received, We jointly and severally
promise to pay CARMEN CARUNUNGAN or
order the sum of FIVE HUNDRED THOUSAND (P
500,000.00), with interest thereon at 10% per
annum, on or before March 1, 2018, without
necessity of demand.
To secure payment, we attach herewith
Bank Check No. in the amount of P
550,000.00, postdated March 1, 2018, and
payable to Carmen Carunungan.
Manila, March 1, 2017.
(Sgd.) CARMINA COROMINAS
(Sgd.) CELESTE COROMINAS”
(b) Judicial Affidavit:
Republic of the Philippines )
Metro Manila ) s.s
City of _________________)
JOINT JUDICIAL AFFIDAVIT OF
CARMINA COROMINAS and CELESTE
COROMINAS
WE, CARMINA COROMINAS and CELESTE
COROMINAS, of legal age and
residents of ______________, after
having been duly sworn, hereby depose and
state:
 PRELIMINARY STATEMENT Affiant Affiant
We are being examined by Atty. “A” with
address at ____________. The examination Witnesse/s:
is being held at _____________ in the
presence of ___________. WE are answering ABC
the questions fully conscious that WE do so
under oath and may face criminal liability for ATTESTATION
false testimony. I, Atty. “A” with office address at
____________ do hereby attest as follows:
Questions and Answers 1. I personally conducted the
Q1. Please state your name and other examination of CARMINA COROMINAS
personal circumstances. and CELESTE COROMINAS in question
A1. WE are CARMINA COROMINAS and and answer form.
CELESTE COROMINAS both of legal age, 2. I faithfully recorded the questions
single and residents of asked CARMINA COROMINAS and
Q2. Why are you executing this Judicial CELESTE COROMINAS and the
Affidavit? corresponding answers they gave, and
A2. We are executing this Judicial Affidavit to 3. Neither I nor any other person then
support our defenses in the criminal case of present coached CARMINA
estafa filed against us. COROMINAS and CELESTE COROMINAS
Q3. Why were you charged with such case? regarding their answers.
A3. We were charged with estafa because we
issued a check in favor of CARMEN IN WITNESS WHEREOF, I
CARUNUNGAN which eventually bounced for hereunto affixed my signature this
insufficient funds. _______ day of November 20__ at __________
Q4. In answer to Q2, you mentioned that City.
you are executing this Judicial Affidavit to .
support your defenses in the criminal case of Atty. “A” Address
estafa filed against you. Why do you believe IBP OR No. place and date of issuance PTR OR
you are not guilty? No. place and date of payment MCLE
A4. We are not guilty because of the Exemption
following reasons: Date of Issue
1. The check was issued only as a form Valid until
of security; JURAT
1. Even if issued as payment, it
was for a pre-existing debt, SUBSCRIBED AND SWORN TO BEFORE ME
and this ______ day of November 20__ at
2. It was only upon _______, affiants CARMINA COROMINAS and
the Carmen CELESTE COROMINAS exhibiting to me their
Carunungan’s insistence that competent evidence of identity, consisting of
We issued the check. a Driver’s License No. _____________ expiring
Q5. Is there anything else you want to add to on _____________, and a Driver’s License
the above? No._____________ expiring on
A5. No more sir. _____________, respectively, and affiant
Atty. “A”, with Voter’s ID
AFFIANTS FURTHER SAYETH NAUGHT. issued by the Commission on
Elections on_____________.
Manila, November _______, 20__.
WITNESS MY HAND AND SEAL.
CARMINA COROMINAS CELESTE
COROMINAS Notary Public

21
Doc. No.______; aforesaid motor vehicle to the CREDITOR as
Page No.______; payment in full of their indebtedness to her,
Book No.______; and
Series of 20____. the CREDITOR hereby accepts the said vehicle
as full payment of the said indebtedness to
her,
IN WITNESS WHEREOF, the parties hereto have
(c) The Dacion en Pago: signed these presents, at the City of
__________, on _________, 20____.
KNOW ALL MEN BY THESE PRESENTS:
CARMINA COROMINAS CELESTE
This instrument, executed by CARMINA COROMINAS
COROMINAS, of legal age and a resident Debtor Debtor
of _____________, and CELESTE COROMINAS,
of legal age and a resident of
_____________, hereafter referred to as the CARMEN CARUNUNGAN
DEBTORS; Creditor
-and-
WITNESSES:
CARMEN CARUNUNGAN, of legal age, and a
resident of_____________, hereafter __________________
to be referred to __________________
as the CREDITOR;
ACKNOWLEDGMENT
WITNESSETH: In the City of ___________, this ______
day of _________, 20_____, before me
WHEREAS, the DEBTORS are indebted to the personally appeared:
CREDITOR in the amount of FIVE HUNDRED CARMEN CARUNUNGAN, with Philippine
THOUSAND PESOS (P 500,000.00); Passport No. ___________ issued ___________
at __________ on and expiring on
WHEREAS, the DEBTORS are the owners of a ___________; CARMINA COROMINAS, with
motor vehicle located in ___________, and Philippine Passport No. ___________ issued
more specifically described as follows: at ___________ on __________, and CELESTE
COROMINAS expiring on
Make : Honda CRV ___________, and ___________, with Senior
Model : 2018 Citizen’s Card No. ___________; Issued at
Motor No. : 12345 ___________, personally known to me to be
Chassis No. : 56789 the same persons who executed the foregoing
CR No. : 897172 instrument, and they acknowledged to me
that the same is their free and voluntary act
WHEREAS, the DEBTORS are willing to give and deed.
the said motor vehicle to the CREDITOR as
full payment of their aforesaid indebtedness WITNESS MY HAND AND SEAL.
to the latter; and NOTARY PUBLIC

WHEREAS, the CREDITOR is willing to accept Until December 31, 2018

the said motor vehicle as full payment of the
indebtedness of the DEBTORS; Doc. No. ______;
NOW, THEREFORE, premises considered, the Page No. ______;
DEBTORS have transferred and conveyed, as Book No.______;
they hereby transfer and convey, the Series of 20___

22
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
LEGAL ETHICS
NUAS
NUAS
LEGAL ETHICS
LEGAL ETHICS

PRACTICE OF LAW
Definition of the Practice of Law
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.
(a) Is Atty. Carbon engaged in the "practice
of law"?
(b) Is Atty. Carbon qualified to become a
Regional Trial Court Judge?
(2018 bar exam)
SUGGESTED ANSWER:
(a) Yes, Atty. Cornelio Carbon 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])
(b) Yes. Judges of the Regional Trial Courts
and of the Family Courts must be at least
thirty-five years of age and, for at least ten
years, have been engaged in the practice of
law in the Philippines or have held a public
office in the Philippines requiring admission
to the practice of law as an indispensable
requisite. (JBC No. 2016-01)
Practice of Law as a Privilege, Not a Right
QUESTION. A known tax lawyer in Iloilo
became a member of the Integrated Bar of
the Philippines in 1974. This lawyer later
migrated to the United States and became
an American citizen in 1989. In 2006, the
lawyer reacquired their Philippine
citizenship by taking the oath of allegiance
as a Filipino citizen before the Philippine
consulate in Washington, D.C. in the United
States. The lawyer now intends to return
to Iloilo and resume legal practice.
Can this lawyer continue to practice law in
the Philippines? Explain briefly.
23
(2020/2021 bar exam)
SUGGESTED ANSWER:
Yes, but he needs to first get a license to
practice law again. Before a lawyer who
reacquires Filipino citizenship pursuant to RA
9225 can resume his law practice, he must
first secure from this Court the authority to
do so, conditioned on:
(a) the updating and payment in full of the
annual membership dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours
of mandatory continuing legal education; this
is especially significant to refresh the
applicant/petitioner’s knowledge of
Philippine laws and update him of legal
developments and
(d) the retaking of the lawyer’s oath which
will not only remind him of his duties and
responsibilities as a lawyer and as an officer
of the Court, but also renew his pledge to
maintain allegiance to the Republic of the
Philippines.
Compliance with these conditions will restore
his good standing as a member of the
Philippine bar. (In Re: Dacanay, B.M NO. 1678,
December 17, 2007)
Appearance of Non-Lawyers
QUESTION. Eric, a labor federation
president, represented Luisa, a dismissed
WXT employee, before the NLRC. Atty.
John represented Luisa's two
complainants. In due course, the NLRC
reinstated the three complainants with
backwages and awarded 25% of the
backwages as attorney’s fees, 15% for
Atty. John and 10% for Eric, a non-lawyer.
When WXT appealed to the Court of
Appeals, Atty. John questioned Eric’s
continued appearance before that court on
Luisa’s behalf, he not being a lawyer. Is
Eric's appearance before the Court of
Appeals valid? (2011 Bar Exam)
(a) Yes, for Eric has a personal stake, the
fees awarded to him, in defending the
NLRC's decision in the case.
(b) No, since John can very well represent
Luisa, she being in the same situation as
his own clients.
(c) No, because the representation of
another in courts can be entrusted only to
lawyers.
(d) Yes, since that appeal is a mere
continuation of the labor dispute that
began at the NLRC.
SUGGESTED ANSWER:
(c) No, because the representation of another
in courts can be entrusted only to lawyers.
Law Student Practice Rule
QUESTION. Debbie, topnotcher of their
class, is now on her 4th year law studies
and has enrolled in the legal aid clinic of
the law school. She was assigned to handle
a domestic violence and support case filed
by their client against her husband.During
the hearing, the clinic's supervising
attorney introduced Debbie to the Branch
Clerk of Court and then left to oversee
another intern. In the midst of the
proceedings, opposing counsel objected to
the appearance of Debbie because she is
not yet a lawyer. Decide. (2012 bar exam)
A. Debbie can proceed because the law
student practice rule allows a student who
has finished 3rd year of the regular course
to appear without compensation before a
trial court.
B. Debbie can proceed since she is
appearing only during the trial and did not
sign the pleadings.
C. Debbie cannot proceed without the
presence of their clinic's supervising
attorney.
D. Debbie has proven her capability to
handle the case and opposing counsel is
objecting only now because he might lose
to a law student
SUGGESTED ANSWER:
C. Debbie cannot proceed without the
presence of their clinic's supervising attorney.
PRACTICE OF LAW
Grounds
QUESTION. In a complaint filed before the
Integrated Bar of the Philippines (IBP)
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;
24
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."
As a member of the IBP Board of
Governors, decide on the following:
(a) the validity of his claim that, being
engaged in a limited practice of law and
being a senior citizen who is exempt from
the payment of taxes, he is not required to
pay his IBP and professional dues;
(b) the obligations, if any, under the Rules
of Court and the Code of Professional
Responsibility that Atty. Celis may have
violated. (2018 bar exam)
SUGGESTED ANSWER:
(a) Atty. Cirilo Celis' claim is not valid. A
lawyer can engage in the practice of law only
by paying his dues, and it does not matter
that his practice is "limited." While it is true
that R.A. No. 7432, 4 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 National Economic
and Development Authority (NEDA) for that
year," the exemption does not include
payment of membership or association dues.
(Santos v. Llamas A.C. No. 4749 January 20,
2000)
b. Atty. Cirilo is guilty of violating Canon 7
which requires that a lawyer shall at all times
uphold the integrity and dignity of the legal
profession, and support the activities of the
integrated bar.
Lawyers are expected to act in such a manner
consistent with the integrity and dignity of
the legal profession. The primary purpose of
which is to prevent the erosion of its required
public confidence.
Here, the failure to pay IBP dues for a period
of 6 years shows deliberate evasion of his
duty as a member of the IBP to pay dues as
mandated under Sec. 9, Rule 139 – A of the
Rules of Court where every member of the
Integrated Bar shall pay such annual dues as
the Board of Governors shall determine with
the approval of the Supreme Court.Therefore
Atty. Cirilo failed to uphold the integrity and
dignity of the profession.
NOTARIAL PRACTICE
Sanctions
QUESTION. Atty. Aimee was convicted by
final judgment of Estafa Thru Falsification
of a Commercial Document, a crime
involving moral turpitude. What is the
appropriate penalty? (2012 bar exam)
A. Disbarment
B. Indefinite suspension
C. Suspension for three (3) years
D. Admonition
SUGGESTED ANSWER:
A. Disbarment
JUDICIAL ETHICS
QUALITIES
QUESTION. What unhealthy attitude of
mind should a judge avoid falling into?
(2011 bar exam)
(a) Hearing and adjudicating cases is an
important job.
(b) Courts are made for litigants.
(c) Litigants are made for the courts.
(d) Courts should dispose of their cases on
time.
SUGGESTED ANSWER:
(c) Litigants are made for the courts.
Competence and Diligence
QUESTION. Atty. Belinda appeared as
counsel for accused Popoy in a case being
heard before Judge Tadhana. After Popoy
25
was arraigned, Atty. Belinda moved for a
resetting of the pre-trial conference. This
visibly irked Judge Tadhana and so before
Atty. Belinda could finish her statement,
Judge Tadhana cut her off by saying that if
she was not prepared to handle the case,
then he could easily assign a counsel de
oficio for Popoy. Judge Tadhana also
uttered that Atty. Belinda was wasting the
precious time of the court. Atty. Belinda
tried to explain that she was capable of
handling the case but before she could
finish her explanation, Judge Tadhana
again cut her off and accused her of always
making excuses for her incompetence.
Judge Tadhana even declared that he did
not care if Atty. Belinda filed a thousand
administrative cases against him. (2015
bar exam)
SUGGESTED ANSWER:
Yes, the act of Judge Tadhana is violative of
Sec. 6, Canon 6 of the New Code of Judicial
Conduct on Competence and Diligence which
states that “Judges shall maintain order and
decorum in all proceedings before the court
and be patient, dignified and courteous in
relation to litigants, witnesses, lawyers and
others with whom the judge deals in an
official capacity. Judges shall require similar
conduct of legal representatives, court staff
and others subject to their influence,
direction or control.” (Sec. 6 Canon 6 of the
New code of Judicial Conduct)
DISCIPLINE AND ADMINISTRATIVE
JURISDICTION OVER MEMBERS OF THE
JUDICIARY
Impeachment
QUESTION. What is the method of national
inquiry into the conduct of Supreme Court
Magistrates? (2011 bar exam)
(a) Administrative investigation.
(b) Disqualification.
(c) Impeachment.
(d) Disbarment
SUGGESTED ANSWER:
(c) Impeachment.
Sanctions
QUESTION. An anonymous letter addressed
to the Supreme Court was sent by one
Malcolm X, a concerned citizen,
complaining against Judge Hambog,
Presiding Judge of the RTC of Mahangin
City, Branch 7. Malcolm X reported that
Judge Hambog is acting arrogantly in
court; using abusive and inappropriate
language; and embarrassing and insulting
parties, witnesses, and even lawyers
appearing before him. Attached to the
letter were pages from transcripts of
records in several cases heard before
Judge Hambog, with Judge Hambog's
arrogant, abusive, inappropriate,
embarrassing and/or insulting remarks or
comments highlighted.
a. Will the Court take cognizance of the
letter-complaint even coming from an
anonymous source? Explain.
b. Describe briefly the procedure followed
when giving due course to a complaint
against an RTC judge. (2015 bar exam)
SUGGESTED ANSWER:
a. Yes, the Court may take cognizance of the
anonymous letter-complaint, but such does
not warrant outright dismissal of the Judge as
anonymous complaints should always be
treated with great caution. Section 1 of Rule
140 states that proceedings for the discipline
of judges and justices of lower courts may be
instituted in three ways: by the Supreme
Court motu proprio, through a verified
complaint, and through an anonymous
complaint. A verified complaint must be
supported by affidavits of persons who have
personal knowledge of the facts alleged or by
documents which may substantiate the
allegations. An anonymous complaint, on the
other hand, should be supported by public
records of indubitable integrity.
b. Since a disciplinary case is an
administrative proceeding, technical rules of
procedure and evidence are not strictly
applied and administrative due process
cannot be fully equated with due process in
its strict judicial sense.Administrative due
process essentially means "an opportunity to
explain one's side or an opportunity to seek
reconsideration of the action or ruling
complained of." When the Court acts motu
proprio, this opportunity arises through the
filing of a comment upon order of the Court.
In a case where the proceedings are initiated
by a complaint, the Rules of Court state that
the complaint must state the acts or
26
omissions constituting a violation of our
ethical rules. (Anonymous Complaint vs.
Judge Dagala A.M. No. MTJ-16-1886, 2017)
PRACTICAL EXERCISES
DEMAND LETTER
QUESTION. Draft a Demand Letter seeking
fulfillment of Ms. S's obligations under the
Deed of Absolute Sale within fifteen (15)
days from receipt. (2019 bar exam)
SUGGESTED ANSWER:
January 7, 2019
Ms. S.
Quezon City
Re: Noncompliance with obligations under
Deed of Absolute Sale dated November 24,
2018
_______________________________________
Dear Ms. S.:
Our client, Mr. B., has referred to us
the matter of your noncompliance with your
obligations under the Deed of Absolute Sale
dated November 24, 2018. You may recall
that you and Mr. B entered into a Deed of
Absolute Sale over a property registered
under TCT No. 12345 on November 24, 2018
and to ensure that the subject property is
free from occupants within the same thirty
(3) day period.
However, our client has learned on
December 27, 2018 that your brother, Mr. C.
is still occupying the subject property and
that you have not paid the Documentary
Stamp Tax and Capital Gains Tax with the
Bureau of Internal Revenue.
Accordingly, we are giving you this
last opportunity to comply with these
obligations within fifteen (15) days from
receipt hereof. Otherwise, we have no
recourse but to resort to a more drastic
remedy to protect and enforce our client’s
rights and interest. If this matter is brought
to court, be advised that you will incur not
only prohibitive legal expenses, but this will
result as well in unnecessary embarrassment
and humiliation to you and your family.
 This serves as your final demand.
Very truly yours,
Juan Dela Cruz
VERIFICATION AND CERTIFICATE OF
NON-FORUM SHOPPING
QUESTION. Draft a certificate against
forum shopping (2020/21 bar exam)
SUGGESTED ANSWER:
I, _________________, Petitioner in the
above-captioned case, single, of legal age,
Filipino, after having been sworn, in
accordance with law, hereby depose and
state that:
1. I am the Petitioner in the above-captioned
case;
2. I have read and understood the contents
hereof of this Petition for Review, and the
facts herein alleged are true and correct of
my own knowledge and based on
available verifiable records;
3. I heretofore have not commenced any
other action or proceeding or any claim, or
filed any claim involving the same issues
raised in the above-captioned case, in this
Honorable Supreme Court, in the Court of
Appeals, nor the different Divisions
thereof, nor in any other court or tribunal or
agency and, to the best of my
knowledge, no such other action or claim is
pending therein;
4. I hereby undertake to notify this Honorable
Court of such fact within five (5) days
from receipt of such knowledge, should I
come to learn that the same or a similar
action or claim has been filed or pending in
the Supreme Court, Court of Appeals,
the different Divisions thereof, or any other
court or tribunal or agency;
5. I am executing this sworn statement in
compliance with Section 5, Rule 7 of the
1997 Rules of Court.
__________________
Affiant
SUBSCRIBED and SWORN TO before me this 21
st day of April 2017 at _____________,
Philippines, affiant exhibiting to me her ID
27
with ID No. ______ issued by the ______, as
competent evidence of her identity, and she
personally acknowledged to me that the
foregoing “Petition” is her free and voluntary
act and deed. Machine copy of this ID is
hereto attached.
Atty. Juana A. Dela Cruz
Notary Public
PTR No. 1234567, Iloilo City, 1/2/17
IBP OR No. 654321, Iloilo City, 1/2/17
Attorney’s Roll No. 11123
MCLE Compliance Certificate No. IV-
0025415, Pasig City, 1/2/17
Doc No. _____;
Page No. _____;
Book No. _____;
Series of 20_____.
NOTARIAL CERTIFICATES
QUESTION. Draft a Deed of Absolute Sale
including the required notarial certificate
reflecting the foregoing. (2019 bar exam)
SUGGESTED ANSWER:
DEED OF ABSOLUTE SALE
KNOWN ALL MEN BY THESE PRESENTS:
This instrument, executed in Quezon
City, Philippines, by and between:
Ms. S, Filipino, of legal age, single, a
resident of ________, Quezon City, and
hereinafter referred to as the SELLER,
and
Mr. B, Filipino, of legal age, single, a
resident of _________ Quezon City, and
hereinafter referred to as the BUYER,
WITNESSETH;
That for and in consideration of the
sum of FIFTY MILLION PESOS
(P50,000,000.00), Philippine currency, paid by
the BUYER to the SELLER, and receipt of
which is hereby acknowledged by the latter,
the SELLER has sold, transferred and
conveyed to BUYER that parcel of land, with
an area of 500 square meters, more or less,
and the house thereon, located in Barangay
123, Quezon City, and covered by TCT No.
12345 of the Register of Deeds of Quezon Book No. ___
City, subject to the following conditions: Series of 2019

1. The capital gains tax and

documentary stamp tax on this sale,
and the real estate taxes up to the
date of this sale, shall be paid by the
SELLER within thirty (30) days from
the execution of this Deed, while the
rest of the expenses for the transfer
of title shall be paid by the BUYER.
2. The SELLER hereby warrants just title
and peace of the property herein
sold, and the same is free of all liens
and encumbrances.
3. The SELLER further warrants that the
property shall be free from any
payments within 30 days from date
hereof.
IN WITNESS WHEREOF, the parties hereto have
signed these presents at Quezon City,
Philippines, on November 24, 2019.
MOTIONS
QUESTION. Draft a jurat. (2020/21 bar
exam)
SUGGESTED ANSWER:
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF _______________)
CITY/MUNICIPALITY OF ______ ) S.S.
[1] SUBSCRIBED AND SWORN to before me, in
the municipality/ city of_____, this ____ day
of
____, 2011, the affiant exhibiting to me his
(any competent evidence of identity) issued
by (issuing
agency) on (date of issue) at (place of issue).

[2] JUAN DELA CRUZ

Ms. S Mr. B
Seller Buyer NOTARY PUBLIC- Makati City

WITNESSES Appointment No. ____

_____ _____ Until December 31, 2010

ACKNOWLEDGMENT Roll no. ____

In Quezon City, Philippines, before me
personally appeared:
Ms. S, with competent evidence of
identity No. ____ issued at ____ on _____;
PTR no. ____, date of issue, place of issue
IBP no. _____, date of issue, place of issue
Office Address:

Mr. B, with competent evidence of Email:

identity No. ____ issued at ____ on ____,
Contact Number:
personally known to me to be the same [3] Doc. No._____;
persons who executed the foregoing Page No. ____;
instrument, which is a deed of sale of a Book NO.____;
parcel of land and he house thereon located Series of 2011
in Barangay 123, Quezon City, executed at
Quezon City, Philippines on November 24,
Motion to Dismiss
2019, and they acknowledged to me that the
same is their free and voluntary act and
deed, QUESTION. Kyle Angelo was served with
summons and a copy of the complaint of
WITNESS MY HAND AND SEAL. Ciara Jane for collection of the amount of
₱1,000,000.00 as evidenced by a
NOTARY PUBLIC promissory note signed by Kyle Angelo. She
Until December 31, 2019 alleged that the debt was overdue; and
that Kyle Angelo refused to pay despite
Doc. No. ___ repeated demands.
Page No. ___

28
Kyle Angelo engaged the services of Atty.
Carlos Sa bit, who decided to file a motion
to dismiss on the ground of lack of cause of
action and prescription. Atty. Carlos Sabit
drafted the motion and sent the draft to
Kyle Angelo for his perusal. Kyle Angelo,
being himself a law graduate, quickly
noticed that the draft did not contain a
notice of hearing.
Draft the notice of hearing that Atty.
Carlos Sabit should include in the motion to
dismiss. (2017 bar exam)
SUGGESTED ANSWER:
NOTICE OF HEARING
Atty. ____
Counsel for the plaintiff
GREETINGS:
Please take notice that the above
motion shall be submitted for the
consideration of the Honorable Court on
Friday (month, date, and year) at 2:00pm, or
as soon thereafter as counsel may be heard.
ATTY. CARLOS SABIT
Counsel for the defendant
MOTION TO DECLARE DEFENDANT IN
DEFAULT
Mr. B, by counsel, most respectfully states
that:
1. The records of the Honorable Court
show that Defendant Ms. S was
served with a copy of the summons
and of the complaint, together with
annexes thereto on March 15, 2019.
2. Upon verification however, the
records show that Defendant Ms. S
has failed to file her Answer or any
motion requesting for an extension
for the same within the
reglementary period specified by
the Rules of Court despite the
service of the summons and the
complaint;
3. As such, it is respectfully prayed
that Defendant Ms. S. be declared in
default pursuant to Rule 9, Section
3 of the Rules of Court and that the
Honorable Court proceed to render
judgment as the complaint may
warrant.
PRAYER

Copy furnished through personal service: WHEREFORE, it is respectfully prayed that

Atty. ______ Defendant Ms. S be declared in default
Counsel for the plaintiff pursuant to Rule 9, section 3 of the Rules of
Address _____ Court and that the Honorable Court proceed
to trial and render judgment as the
complaint may warrant.
Motion to Declare in Default
Other just and equitable reliefs are
QUESTION. Draft a Motion to Declare Ms. S likewise prayed for.
in Default including the required Notice of
Hearing. (2019 bar exam) Quezon City for Quezon City, April
1, 2019.
SUGGESTED ANSWER:
TOMASINO ELLISNO
Republic of the Philippines Counsel for Petitioner
REGIONAL TRIAL COURT Diliman, Quezon City
National Capital Judicial Region PTR No. 7777777/1-03-19/Quezon City
Quezon City IBP Receipt No. 111111/1-04-19/Quezon
Branch 77 City
MCLE COmpliance No. VI-0000000/03-08-18
Mr. B. Roll of Attorney No. 47814
Plaintiff,

Versus- Civil Case No. 123456 NOTICE OF HEARING

Ms. S. HON. CLERK OF COURT

Defendant.
Regional Trial Court of Quezon City Branch
x—--------x 77

29
Greetings!

Kindly set the foregoing motion to the

attention of the Honorable Court
immediately upon receipt thereof and see
the same for hearing on 5th day of April
2019, 8:30AM.

_________________
Atty. Tomasino Ellisno

Ms. S.

Quezon City

Please be notified that the foregoing

motion will be set for hearing on the 5th
day of April 2019, 8:30AM.

_________________
Atty. Tomasino Ellisno

EXPLANATION
Copies of this pleading have been served on
the defendants through counsel via
registered mail and not personally due to
lack of time and distance constraints.

_________________
Atty. Tomasino Ellisno

COPY FURNISHED:

Ms. S.

Quezon City

30