CLINICAL LEGAL EDUCATION I

ASYNCHRONOUS ACTIVITY
16 March 2024

INSTRUCTIONS
1. Use a word processor (Microsoft Word, etc.) for this activity. Submit your printed
output on 23 March 2024. Use long bond paper. Sign every page of your output.

2. Read each question carefully and note the points allocated for each question. In
your answers, follow the sequence and the numbering system used in the
Questionnaire.

3. Your answers should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at sound and logical conclusions.
Always support your answers with the pertinent laws, rules, and/or jurisprudence. A
mere "yes" or "no" answer without any corresponding explanation or discussion
may not be given full credit.

4. Do not plagiarize each other's answers. I will know.

5. The names and events depicted in the following questions are purely fictional.
Any similarity to actual people and events is merely coincidental.

I
In 2020, Atty. Gary Gagon was convicted of online libel due to his false
accusations against certain individuals which he made on his TikTik social media
account. Gagon was subsequently disbarred on the ground that online libel is a crime
involving moral turpitude. However in January 2024, he was pardoned by the President.
The President granted Gagon executive clemency on the condition that he shall desist
from posting any disparaging videos online. The next day, he appeared in court as
counsel for a certain Kuya Willy Gonzales who was accused of assaulting a cyclist during
a road rage incident.
a. May Gagon appear as counsel? Note that he was disbarred but was
subsequently pardoned of the crime that he was disbarred for. (20%)

b. Suppose, in 2020, when he received his notice of disbarment, he filed a

motion for reconsideration arguing that online libel is a mala prohibita crime
hence not a crime involving moral turpitude, how will you rule on his motion
for reconsideration? (20%)

II
Atty. Vennice is one of the most sought-after lawyers by celebrities. In fact, she
herself is considered a celebrity due to her close association with members of the show
business. She is often invited to morning shows where she shares her expertise in certain

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areas of law. As one of the most sought-after celebrity lawyers, she is ranked by
FORBES as one of the top earning lawyers in the country. She was also recently
recognized by the Bureau of Internal Revenue as one of the country's top taxpayers.
However, the Integrated Bar of the Philippines recommended that Atty. Vennice be
suspended from the practice of law as it appears that despite several demands, Atty.
Vennice failed to settle her IBP dues. In her sworn explanation, Atty. Vennice admitted
that she did not pay her IBP dues on the ground that she was never a member of the
IBP. She also remarked that the taxes she had been paying is more than enough to cover
whatever IBP dues she did not pay. She further argued that under the Rules, all that is
needed for one to practice law is to be admitted to the bar which happens if a person
passes the bar exams, takes the lawyer’s oath, and signs the Roll of Attorneys. She argues
that nowhere does it state that one must be a member of the IBP, hence, for Atty.
Vennice, she is not a member of the IBP and she does not have to pay IBP dues.
(a) Is Atty. Vennice’s contention correct? Explain (20%)

(b) Is practice of law, after being admitted to the bar, a right or a privilege? (20%)

III
Sahlee is a second year law student who created a YouTube channel where she
would discuss legal concepts she is learning in school. She accepts legal queries from
her subscribers and then she would answer them by applying what she had learned in
law school. She does not accept any payments from her subscribers for any of the
answers provided. In fact, she captions all her episodes as part of her compliance with
Rule 138-A of the Rules of Court. Is Sahlee engaged in the practice of law? (20%)
-end-

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