2005 BAR EXAMS QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES -IMultiple choice. Choose the correct answer. Write the letter corresponding to your answer. (1.) Which of the following need not be verified? a) b) c) d) Petition Answer with for Habeas compulsory Petition for Certiorari; Interpleader; Corpus; counterclaim;

e) All pleadings under the Rules on Summary Procedure. (2%) (2.) Which of the following statements is false? a) All administrative cases against Justices of appellate courts and judges of lower courts fall exclusively within the jurisdiction of the Supreme Court. b) Administrative cases against erring Justices of the Court of Appeals and Sandiganbayan, judges, and lawyers in the government service are not automatically treated as disbarment cases. c) The IBP Board of Governors may, motu proprio, or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring lawyers including those in the government service. d) The filing of an administrative case against the judge is not a ground for disqualification/inhibition. e) Trial courts retain jurisdiction over the criminal aspect of offenses committed by justices of appellate courts and judges of lower courts. (2%) (3.) On which of the following is a lawyer proscribed from testifying as a witness in a case he is handling for a client: a) On the mailing of documents; b) On the authentication or custody of any instrument; c) On the theory of the case;

d) On substantial matters in cases where his testimony is essential to the ends of justice. (2%) - II Mike Adelantado, an aspiring lawyer, disclosed in his petition to take the 2003 Bar Examinations that there were two civil cases pending against him for nullification of contract and damages. He was thus allowed to conditionally take the bar, and subsequently placed third in the said exams. In 2004, after the two civil cases had been resolved, Mike Adelantado filed his petition to take the Lawyer’s Oath and sign the Roll of Attorneys before the Supreme Court. The Office of the Bar Confidant, however, had received two anonymous letters: the first alleged that at the time Mike Adelantado filed his petition to take the bar, he had two other civil cases pending against him, as well as a criminal case for violation of Batas Pambansa (B.P.) Bilang 22; the other letter alleged that Mike Adelantado, as Sangguniang Kabataan (SK) Chairperson, had been signing the attendance sheets of (SK) meetings as “Atty. Mike Adelantado.” a) Having passed the bar, can Mike Adelantado already use the appellation “attorney”? Explain your answer. (3%) b) Should Mike Adelantado be allowed to take his oath as a lawyer and sign the Roll of Attorneys? Explain your answer. (3%) - III Atty. Kuripot was one of Town Bank’s valued clients. In recognition of his loyalty to the bank, he was issued a gold credit card with a credit limit of P250,000.00. After two months, Atty. Kuripot exceeded his credit limit, and refused to pay the monthly charges as they fell due. Aside from a collection suit, Town Bank also filed a disbarment case against Atty. Kuripot. In his comment on the disbarment case, Atty. Kuripot insisted that he did not violate the Code of Professional Responsibility, since his obligation to the bank was personal in nature and had no relation to his being a lawyer. a) Is Atty. Kuripot correct? Explain your answer. (3%) b) Explain whether Atty. Kuripot should be held administratively liable for his refusal to settle his credit card bill. (3%) - IV -

the secretary wants you to give her one-half of your earnings therefrom. Judge Horacio was administratively charged. He informed you of the professional fees he is presently paying his retainer. However. as the owner of the cockpit is a friend of his. which is actually lower than your rates. Because of this.VII (1. (5%) .) In an intestate proceeding.VIII - . (5%) -VJudge Horacio would usually go to the cockpits on Saturdays for relaxation.) Judge Segotier is a member of Phi Nu Phi Fraternity. Rule on the petition. (5%) . The secretary to the president of a big university offered to get you as the official notary public of the school. He said that if your rates are lower. When asked to explain. he said that although he goes to these places. he only watches and does not place any bets. He also goes to the casino once a week to accompany his wife who loves to play the slot machines. Another heir opposed the petition on the ground that the judge is disqualified to become an administrator of the estate as he is the brother-inlaw of the deceased. as more than 30 students lose their Identification Cards every month. Will you agree to the arrangement? Explain. (5%) . Atty. Will you lower your rates in order to get the client? Explain. She claimed that this would be very lucrative for you. Nonato filed a motion to disqualify Judge Segotier on the ground that the counsel for the opposing party is also a member of the Phi Nu Phi Fraternity. (5%) (2. Is his explanation tenable? Explain.You had just taken your oath as a lawyer. Judge Segotier denied the motion.VI A businessman is looking for a new retainer. Comment on his ruling. He approached you and asked for your schedule of fees or charges. a petition for the issuance of letters of administration in favor of a Regional Trial Court Judge was filed by one of the heirs. he would engage your services. She explained that a lot of students lose their Identification Cards and are required to secure an affidavit of loss before they can be issued a new one.

a former partner of XXX law firm. Aggrieved. Japzon. Atty. Cesar filed a motion for reconsideration of the resolution dismissing the appeal and to set aside the entry of judgment on the ground that he already indicated in his “Urgent Motion for Extension of Time to File Appeal Brief” his new address and that his failure to file a notice of change of address is an excusable negligence.IX Darius is charged with the crime of murder. Will the motion prosper? Explain. the case was dismissed. he was not able to file an appellant’s brief and consequently. (5%) . During the trial. In view of his admission. Atty.Due to the number of cases handled by Atty. Japzon claims that she never handled the case of Kapamilya Corporation when she was still with XXX law firm. (5%) -XAtty. Atty.XII - .XI Atty. During the period of suspension. (5%) . is representing Kapuso Corporation in a civil case against Kapamilya Corporation whose legal counsel is XXX law firm. Is there a conflict of interest? Explain. he was permitted by his law firm to continue working in their office. Cesar. Yabang was suspended as a member of the Bar for a period of one (1) year. Francia’s help and assured the latter that he did not commit the crime. Francia decided to withdraw from the case. He sought Atty. Yabang was subsequently sued for illegal practice of law. Atty. (5%) . Hence. Would the case prosper? Explain. She confronted his client who eventually admitted that he indeed committed the crime. he failed to file a notice of change of address with the Court of Appeals. Should Atty. drafting and preparing pleadings and other legal documents but was not allowed to come into direct contact with the firms’ clients. Francia agreed to represent him in court. Francia that her client is guilty. the prosecution presented several witnesses whose testimonies convinced Atty. Francia be allowed to do so? Explain. Atty.

Ocsing while they were eating at the same table. Comment on the propriety of Judge Magbag’s act. in favor of his brother Jon.Pending before the sala of Judge Magbag is the case of CDG versus JQT. Angelo agreed to pay P1 Million for the property on September 26. to look for a buyer and negotiate the sale.XIII Gerry Cruz is the owner of a 1. Ocsing who happens to be the brother of Atty. Jon met Angelo Santos who expressed his interest to buy the lot.XIV Draft a withdrawal of counsel without conformity of client. as principal. Atty.XV Draft a Notice of Appeal. Ferreras and his wife celebrated their wedding anniversary. The legal counsel of JQT is Atty. Gerry decided to sell the property but did not have the time to look for a buyer. 2005. Jon. authorizing the latter to sell the property in favor of Angelo Santos. . Ferreras. (6%) . a friend of Judge Magbag. 12345 located in Sampaloc. He then designated his brother. They invited their friends and family to a dinner party at their house in Forbes Park. a) Draft the Special Power of Attorney to be executed by Gerry Cruz. Judge Magbag attended the party and was seen conversing with Atty. as agent. Metro Manila. (5%) . (6%) – XVI – Draft a Certification of Non-Forum Shopping. (7%) . (6%) NOTHING FOLLOWS.000-square meter lot covered by Transfer Certificate of Title No. While the case was still being heard. (7%) b) Draft the Deed of Sale of Real Property.

2. 1.IV Atty. he should be exempt from pating IBP dues. Should he be exempt? 3% -VMyrna. refuses to pay his IBP dues. The judge refused because Atty. 80 yearsold. Enumerate the instances when a law student may appear in court as counsel for a litigant.5% .5% 2. clearly. Oldie also insist that he should be exempt from the Mandatory COntinuing Legal Education (MCLE) requirements. Why is law a profession and not a trade? 2. will you authorize him to appear in your court as a friend for Tony? 5% 2. Read each question very carefully. Therefore. Why is an attorney considered an officer of the court? 2.2006 BAR EXAMINATION IN LEGAL ETHICS AND PRACTICAL EXERCISES BAR EXAMINATION 2006 LEGAL ETHICS AND PRACTICAL EXERCISES 24 September 2006 2 P. If you were the judge.M.M. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit. an answer to a sub-question under the same number may be written continuously on the same page and immediately succeeding pages until completed. INSTRUCTIONS This questionnaire consists of eighteen (18) numbers contained in eight (8) pages. Fernandez appear for him to conduct his litigation? 5% . Start each number on a separate page. Mendoza whom she met at a . petitioner in case for custody of children against her husband. Fernandez then inquired if he can appear as a friend for Tony to defend him. Fernandez from the practice of law for gross immorality. Atty. . Is his argument correct? 3% For the same reasons.III 1. LEGAL ETHICS AND PRACTICAL EXERCISES -I1. a childhood friend who is accused of theft.5% 2. 2. The Supreme Court suspended indefinitely Atty. Do not repeat the question. He argues he is a senior citizen and semi-retired from the practice of law. Answer legibly. and concisely. can Atty. Is there a distinction between "practicing lawyer" and "trial lawyer"? 2.5% . He asked the Municipal Circuit Trial Court Judge of his town if he can be appointed counsel de oficio for Tony.5 P. Oldie. sought advice from Atty.II 1. Fernandez's name appears in the Supreme Court's List of Suspended Lawyers. Atty. Supposing Tonyis a defendant in a civil case for collection of sum of money before the same court.

He explained that he cannot handle the case with sincerity and industry because he does not believe in the position taken by the municipality. Noel. he gets 60% of the property recovered as contingent fee. a legal researcher in the Court of Appeals. Khan approached her husband with an indecent proposal? 5% . Atty. Hernandez advised her in writing that the case will not prosper for the reasons stated therein. 1.Marie. however. Atty .Coronel's explanation tenable? 5% . Is it ethical for Atty. Can Atty . Khan approached her husband asking for a huge amount in exchange for the withdrawal of her Motion for issuance of Hold Departure Order so that he and his children can leave for abroad.Dizon.IX Atty . Mendoza do about the information relayed to him by Myrna that Atty. she learned that Atty. Holgado covered by the attorney-client privilege? 5% . She informed Atty.Hernandez whether she can successfully prosecute her case for declaration of nullity of marriage she intends to file against her husband. and that recently. Susan. Atty. Mendoza to advise Myrna to terminate the servicesof Atty.Hernandez. be held liable for unethical conduct against the Court of Appeals? 5% . the latter answered that he has been using the bank deposits of rich clients of Banco Filipino where he works as manager.VIII Prosecutor Coronel entered his appearance on behalf of the State before a Family Court in a case for declaration of nullity of marriage. Is Atty . Is Atty . drafted the assailed Decision.Hernandez's acquiescence to be Noel's counsel ethical? 3% -XIn the course of a drinking spree with Atty. Atty .VI In his petition for certiorari filed with the Supreme Court. Holgado asked Simon how he manages to finance his escapades.Quintos and his client. In turn. he will assume payment of all expenses of the . Fernandez that her lawyer. Holgado who has always been his counsel in business deals. hired him as his lawyer . decided to file the case and engaged the services of another lawyer.Padilla. having learned about the opinion of Atty . has been charging her exorbitant appearance fees when all he does move for postponements which have unduly delayed the proceedings.VII Provincial Prosecutor Bonifacio refused to represent the Municipality of San Vicente in a case for collection of taxes. Can Prosecutor Bonifacio be sanctioned administratively? 5% . Her inquests and appearances in court hearings. When required by the Department of Justice to explain. but he failed to appear in all the subsequent proceedings.Pe. and that he should be disbarred. Simon bragged about his recent sexual adventures with socialites known for their expensive tastes. he argued that the parties in the case were ably represented by their respective counsels and that his time would be better employed in more substantial prosecutorial functions. Dizon alleged that Atty . in castigating Atty . such as investigations.XI The contract of attorney's fees entered into by Atty . Atty . stipulates that if a judgment is rendered in her favor. that he is ignorant of the applicable laws.Padilla. Is Simon's revelation to Atty. Khan.Marie consulted Atty . When Atty. Khan and hire him instead for a reasonable attorney's fees? 5% 2. What should Atty.

7.XII 1.XIII Give 4 instances when a client may validly refuse to pay his lawyer the full amount of attorney's fees stipulated in their written contract. 4% . 1. 3. Branch 10. (Exclude the jurat) . Appearance of a non-lawyer as an attorney for a litigant in a case . 4.5% . While in Manhattan. Is the agreement valid? 2. May Atty . he was convicted of estafa and was disbarred. . Manila.XV Which of the following acts 1. Perez was admitted as a member of the New York Bar.XVI Draft an Affidafit of Desistance in a criminal case for acts of lasciviosness. Give 4 instances when a client may validly refuse to pay his lawyer the full amount of attorney's fees stipulated in their written contract.5% 2. 2. Does his disbarment in New York a ground for his automatic disbarment in the Philippines? 2.XVII Draft an affidafit of Self-Adjucation of the estate of a deceased person. What is "assumpsit" and when is it proper? 2% 2. Willful Violation disobedience to a 6.Quintos and Susan increase the amount of the contingent fee to 80%? 2. 5.5% .5% misconduct misrepresentation conduct Oath Court Malpractice NOTHING FOLLOWS.litigation. 4% .XIV Atty. 2. (Exclude the jurat) . 10% Grossly of lawful the order of does not constitute a ground Gross Fraudulent immoral Lawyer's the Supreme for disbarment? Explain.XVIII Draft an Information charging Obet Buena with arson filed with the Regional Trial Court.

A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit. -I(10%) What are the duties of an attorney? .IV (10%) When is recovery of attorney's fees based on quantum meruit allowed? 2 P. he had only half of the information and background of the case. Attorney M replied that N did not give him his full cooperation. He then persuaded her execute deeds of sale in his favor without any monetary or valuable consideration. that attorney M did not file an opposition to the Demurrer to Evidence filed in the case. after the Regional Trial Court had issued a decision adverse to N. . Do not repeat the question. . and concisely. Will the administrative case proper? Give reasons for your answer. Complainant N further alleged that attorney M abused his client's trust and confidence and violated his oath of office in failing to defend his client's cause to the very end. an answer to a sub-question under the same number may be written continuously on the same page and immediately succeeding pages until completed. Subsequently. that he was assured by N's friends that they had approach the judge. that attorney M did not even file a motion for reconsideration . Answer legibly. causing the order to become final and executory. neither did he appear at the formal hearing on the demurrer.II (10%) C engages the services of attorney D concerning various mortgage contracts entered into by her husband from whom she is separated.5 P. He alleged that attorney M caused the advese ruling against him. Read each question very carefully. Start each number on a separate page. he verbally requested attorney M to withdraw. Attorney D advised C to give him her land titles covering her lots so he could sell them to enable her to pay her creditors. that they requested him (M) to prepare a motion for reconsideration which he did and gave to them. leading the trial court to assume that plaintiff's counsel (attorney M) appeared convinced of the validity of the demurer filed.III (10%) Attorney M. accepted a civil case for the recovery of title and possession of land in behalf of N. Later on. fearful that her real estate properties will be foreclosed and of impending suits for sums of money against her. however these friends did not return the copy of the motion. that the voluminous records turned over to him were in disarray. but attorney M refused. .BAR EXAMINATION 2007 LEGAL ETHICS AND PRACTICAL EXERCISES 23 September 2007 INSTRUCTIONS This questionnaire consists of ten (10) numbers contained in five (5) pages. to which C agreed on condition that he would sell the lots and from the proceeds pay her creditors. clearly. Did attorney D violate the Code of Professional Responsibility? Explain. the latter filed an administrative case against attorney M for disbarment.M. C came to know that attorney D did not sell her lots but instead paid her creditors with his own funds and had her land titltes registered in his name. and that appeared for N. and that even prior to the above events and in view of attorney M's apparent loss of interest in the case. .M.

in case of sale of the property leased.VII (Total 10%) a. Judge E's brother won the election protest.VIII (10%) Prepare a clause stipulating a right of first refusal to be embodied in a contract of lease. not beside his brother's lawyer. . Y. (5%) What qualities should an ideal judge possess under the New Code of Judicial Conduct for the Philippine Judiciary? (5%) .IX (10%) Prepare an affidavit of merits to be attached to a Petition for Relief. the defeated candidate for mayor.-V(10%) During the hearing of an election protest filed by his brother. Judge E sat in the area reserved for the public. Judge D testified as a witness for the prosecution in the Estafa case. . What evidence of identity does the 2004 Rules on Notarial Practice require before a notary public can officially affix his notarial seal on and sign a document presented by an individual whom the notary public does not personally know? (5%) When can Judges of the Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC) perform the function of notaries public ex officio. b. Did Judge E commit an act of impropriety as a member of the judiciary? Explain? . filed an administrative case against Judge E for employing influence and pressure on the judge who heard and decided the election protest. b. even if the notarization of the documents are not in connection with the exercise of their official function and duties? (5%) . the wife of Regional Trial Court Judge D. A and B are accused of Estafa by C. Did Judge D commit an act of impropriety? Give reasons for your answer. -X(10%) Prepare an arbitration clause to be included in a contract.VI (Total 10%) a. Judge E explained that the main reasons why he was there in the courtroom were because he wanted to observe how election protest are conducted as he has never conducted one and because he wanted to give moral support to his brother.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE. GOOD LUCK!!! I Christine was appointed counsel de oficio for Zuma. Answer legibly. a company engaged in the power business. clearly and concisely. . – 5 P. (7%) III Dumbledore. a. In light of Zuma’s admission. a telecommunications company. Temavous. the only service actually performed by B & S for Acaramba was the review of a lease agreement and representation of Acaramba as a complainant in a bouncing checks case. In which transactions. who was accused of raping his own daughter. Assume further after the Supreme Court decision on the case had attained finality. b. This questionnaire consists of eleven (11) questions contained in five (5) pages. May he be sanctioned by the Supreme Court? Explain. Start each number on a separate page. he wrote another IBP Journal article. Acaramba. can Bianca & Sophia Law Office represent Temavous? Explain fully. an answer to a subquestion under the same number may be written continuously on the same page and on the immediately succeeding pages until completed. if any. requested B & S to act as its counsel in the following transactions: (a) the acquisition of Acaramba. c. Zuma pleaded not guilty but thereafter privately admitted to Christine that he did commit the crime charged.000 a month. (3%) II In 1998. (4%) Assume Dumbledore did not include any commentary on the case. (3%) IV b. signed a retainer agreement with Bianca & Sophia Law Office (B & S) for the latter’s legal services for a fee of P2. another telecommunications company.BAR EXAMINATION 2008 LEGAL ETHICS AND PRACTICAL EXERCISES 28 September 2008 INSTRUCTIONS 2 P. From 1998 to 2001. a. Read each question very carefully.M.M. Acaramba stopped paying retainer fees in 2002 and terminated its retainer agreement with B & S in 2005. (3%) Can Christine disclose the admission of Zuma to the court? Why or why not? (2%) Can Christine withdraw as counsel of Zuma should he insist in going to trial? Explain. what should Christine do? Explain. wrote an article on the subject of letters of credit which was published in the IBP Journal. Assume he devoted a significant portion of the article to a commentary on how the Supreme Court should decide a pending case involving the application of the law on letters of credit. Do not repeat the question. and (b) the acquisition of Super-6. a noted professor of commercial law. In 2007. A mere “Yes” or “No” answer without any corresponding discussion will not be given any credit. You will be given credit for your knowledge of legal doctrine and for the quality of your legal reasoning. May he be sanctioned by the Supreme Court? Explain. dissecting the decision and explaining why the Supreme Court erred in all its conclusions.

Henry had shared the confidential information with his law partner. (4%) Assume. Abigail filed a Motion for Inhibition praying that Judge Luis inhibit himself from trying. (3%) A suspended lawyer working as an independent legal assistant to gather information and secure documents for other lawyers during the period of his suspension. in which Atty. Atty. Chester refused to pay Laarni P150 Million on the ground that it is excessive. g. hearing or in any manner acting on all cases. This time Chester refused to convey to Laarni 15% of the litigated land as stipulated on the ground that the agreement violates Article 1491 of the Civil Code which prohibits lawyers from acquiring by purchase properties and rights which are the object of litigation in which they take part by reason of their profession. Should Judge Luis inhibit himself as prayed for by Atty. (3%) Refusing to return certain documents to the client pending payment of his attorney’s fees. (3%) A suspended lawyer allowing his non-lawyer staff to actively operate his law office and conduct business on behalf of clients during the period of suspension. (3%) Keeping money he collected as rental from his client’s tenant and remitting it to the client when asked to do so. (6%) VII In need of legal services. a. Would your answer be the same as in question (a)? Explain. (7%) VIII State. Henry of Henry & Meyer Law Offices. b. In its order the court simply granted the motion. Meyer. Laarni asked for 15% of the land that may be recovered or 15% of whatever monetary settlement that may be received from the property developer as her only fee contingent upon securing a favorable final judgment or compromise settlement. Henry. Assume the vendee obtained a summary judgment against the vendor. When confronted. Niko was shocked when he learned that Atty. Is the refusal justified? Explain. Chester signed the contingent fee agreement. (3%) Not paying the annual IBP dues. f. and their common friend. through the excellent work of the vendee’s counsel at the pre-trial conference and his wise use of modes of discovery. Niko divulged highly private information to Atty. Thereafter. Niko secured an appointment to meet with Atty. Henry replied that Niko never signed any confidentiality agreement. a. Atty. (3%) b. whether the lawyer concerned may be sanctioned for the conduct stated below. and that he shared the information with the two lawyers to secure affirmance of his legal opinion on Niko’s problem. b. . a.Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City against a well-known property developer on a contingent fee basis. the vendor was compelled to move for the dismissal of the complaint. Subsequently. Henry violate any rule of ethics? Explain fully. (3%) VI Atty. Is the refusal justified? Explain. c. d. (4%) Assume there was no settlement and the case eventually reached the Supreme Court which promulgated a decision in favor of Chester. Canonigo. Abigail filed administrative cases before the Supreme Court against Judge Luis. e. Did Atty. Filing a complaint that fails to state a cause of action. (4%) V The vendor filed a case against the vendee for the annulment of the sale of a piece of land. private practitioner Atty. with a brief explanation. (3%) An unwed female lawyer carrying on a clandestine affair with her unwed male hairdresser. During the meeting. Atty. thereby resulting in the defendant succeeding in his motion to dismiss. civil and criminal. Abigail is involved and handling. Abigail? Explain fully. believing that the lawyer would keep the confidentiality of the information. Would the counsel for the defendant vendee be entitled to enforce a charging lien? Explain. Assume the property developer settled the case after the case was decided by the Regional Trial Court in favor of Chester for P1 Billion.

at a monthly rental of P50. from January 1. c. (3%) X Ian Alba owns a house and lot at No.IX State. Green Cross Subdivision. 2007 to June 30. (9%) XI Draft a complete deed of donation of a piece of land in accordance with the form prescribed by the Civil Code. .000. which he leased to Jun Miranda for a term of two years starting May 1. (3%) Assume Jun Miranda did not heed your demand letter. 2007. Refusing to inhibit himself although one of the lawyers in the case is his second cousin. b. with a brief explanation. Draft a complaint for ejectment. (3%) Deciding a case in accordance with a Supreme Court ruling but adding that he does not agree with the ruling. (3%) Dictating his decision in open court immediately after trial. a. a. Jun defaulted in the payments of his rentals for six (6) months. (8%) NOTHING FOLLOWS. (Omit verification and affidavit of non-forum shopping). Quezon City. Prepare a demand letter as lawyer of Ian Alba addressed to Jun Miranda preparatory to filing an ejectment case. 9 West Aguila. 2006. b. whether the judge concerned may be sanctioned for the conduct stated below.

What is the student practice rule? (2%) IV 1. Judge Rosalind. 5. 2. in turn. but Greta dropped out. Answer TRUE if the statement is true. is now the New Code of Judicial Conduct in the Philippines. Cliff asked Greta to sign a marriage contract. without seeking permission from the Supreme Court. II 1. When her attention was called. Cliff became a lawyer. (3%) V Cliff and Greta were law school sweethearts. A notary public is disqualified from performing a notarial act when the party to the document is a relative by affinity within the 4th civil degree. The following day. or FALSE if the statement is false. 3. Judge Quintero inhibited himself from the case. and set the date for the arraignment of the accused. The Bangalore Draft. Is Judge Quintero’s inhibition justified? Explain. What is the object of the bar examinations? Explain. is an active lien which can be enforced by execution. he already had personal knowledge of the circumstances surrounding the case. Is Judge Rosalind justified in not wearing her judicial robe? Explain. granted a motion for the reduction of bail. triggers the outbreak of skin rashes. What are the three (3) tests to determine conflict of interest for practicing lawyers? Explain each briefly. thus making her tense. she explained that whenever she wears her robe she is reminded of her heavy caseload. refused to wear her robe during court proceedings. (3%) 1. (3%) 2. (2%) 2. Presiding Judge Quintero issued an order for the arrest of the accused. In a case for homicide filed before the Regional Trial Court (RTC). This. (5%) 1. After being diagnosed with stress dermatitis. A lawyer cannot refuse to divulge the name or identity of his client. (3%) III 1. One day. An attorney ad hoc is a lawyer appointed by the court to represent an absentee defendant in a suit in which the appointment is made. Cliff showed Greta the document . approved at a Roundtable Meeting of Chief Justices held at The Hague. 4. May a party appear as his own counsel in a criminal or in a civil case? Explain. Explain your answer in not more than two (2) sentences. Subsequently. A charging lien. alleging that even before the case was raffled to his court.BAR EXAMS 2009 QUESTIONS IN LEGAL ETHICS AND PRACTICAL EXERCISES PART I I TRUE or FALSE. as distinguished from a retaining lien.

Will your answer be the same if it was the plaintiff who was interviewed by Atty.000. within one (1) year from date of note. (4%) VI Atty. despite repeated demands. Cliff left Greta and married a Venezuelan beauty.00 for every appearance in court. owes him P1. Atty. and notarized the document. Jamero has failed to comply with his obligation. Manuel interviewed some of the witnesses for the plaintiff without the consent of plaintiff’s counsel. (2%) VIII Court of Appeals (CA) Justice Juris was administratively charged with gross ignorance of the law for having issued an order “temporarily enjoining” the implementation of a writ of execution. Was the affidavit validly notarized? Explain. Sabungero immediately pulled out from his pocket his small notarial seal. Juan Jamero of 222 Juan Luna St. One Sunday. prepare the complaint that you will file in court against Juan Jamero. Manuel is counsel for the defendant in a civil case pending before the RTC. Tondo. Manuel violate any ethical standard for lawyers? Explain.000. executed on January 3.00.00. Manila. Is the contention of Justice Juris tenable? Explain. but should include the two other CA justices in the Division.000. that the debt is long overdue. He also shows you a promissory note. resident of 111 Libertad St. Sison agrees to pay you attorney’s fees in the amount of P75.000. As Sison’s lawyer. Cliff then told Greta that they were already married and Greta consented to go on a honeymoon. and for having issued another order for the parties to “maintain the status quo” in the same case.already signed by an alleged solemnizing officer and two witnesses. Both orders are obviously without any legal basis and violate CA rules. Greta filed a disbarment complaint against Cliff. Will the case prosper? Explain.00.000. He tells you that a certain Mr. After receiving the plaintiff’s Pre-Trial Brief containing the list of witnesses. (3%) VII Atty. Sabungero obtained a notarial commission. Thereafter. Justice Juris claims that the challenged orders were collegial acts of the CA Division to which he belonged. and a fee of P3. Thus. while he was at the cockpit. Did Atty. Sampaloc. Manila..000. (10%) . engages your services as lawyer. the couple cohabited and begot a child. he posits that the charge should not be filed against him alone. Two years later. Manuel without the consent of plaintiff’s counsel? Explain. and that. In his defense. (3%) 2. Atty. 1.. (3%) IX Alexander Sison. with 12% interest per annum. a person approached him with an affidavit that needed to be notarized. wherein Jamero promises to pay the amount of P1. 2008. Incensed.

Romanito in order to avert the foreclosure of several parcels of land mortgaged by her late husband to several creditors. a bachelor. In his answer. (5%) 1. or FALSE if the statement is false. IX above. assume that summons had been served on Jamero. except when there has been a waiver by the lawyer. Rule on the validity of Atty. A companion or employee of the judge who lives in the judge’s household is included in the definition of the “judge’s family. Atty. so that he could sell them and generate . On long weekends. 2. engaged the services of Atty. It is ethical for a lawyer to advise his client to enter a plea of guilty in a criminal case if the lawyer is personally convinced that he cannot win the case for his client. (4%) PART II XI TRUE or FALSE. by itself. Romanito advised the widow to execute in his favor deeds of sale over the properties. Hyde’s defenses. bar or extinguish the attorney’s liens. 3. a neighbor in the Philippines. Kristine. Answer TRUE if the statement is true. 4. Explain your answer in not more than two (2) sentences. filed with the Supreme Court an administrative complaint against the lawyer because of sex videos uploaded through the internet showing Atty. The duty of a lawyer to his client is more paramount than his duty to the Court. a widow.X Given the same facts in No. practices law in the Philippines. he dates beautiful actresses in Hong Kong. (5%) XIV Marlyn. There is no presumption of innocence or improbability of wrongdoing in an attorney’s favor when he deals with his client concurrently as lawyer and as businessman.” XII Write the complete text of the attorney’s oath. but no responsive pleading was filed within the reglementary period. Atty. (5%) XIII Atty. Hyde’s sordid dalliance with the actresses in Hong Kong. Hyde. Hyde (1) questions the legal personality and interest of Kristine to institute the complaint and (2) insists that he is a bachelor and the sex videos relate to his private life which is outside public scrutiny and have nothing to do with his law practice. The satisfaction of a judgment debt does not. as shown by his conduct or his passive omission. Prepare a motion to declare Jamero in default. 5.

Impelled by the urgency for the issuance of the writ. to issue the writ of amparo and the notice of hearing without the signature of the two other Justices-members of the CA division. Is Atty. Wilmar represented Beatriz in a partition case among heirs. Nueva Ecija. Armando. a parcel of land. Is he administratively liable? Reasons. who is accused of murder. Atty. Wilmar sued Beatriz for the unpaid attorney’s fees and obtained a favorable judgment. Benigno and Ciriaco charged Atty. The widow agreed. they filed an administrative complaint against the lawyer with the Supreme Court. If Simeon is acquitted of the estafa charge. Wilmar tenable? Explain. (4%) XIX Romeo Hacendero wants to authorize Juanito Ahente to sell. Paterno persuaded his friend. for a price not lower than P500. Paterno filed a petition for a writ of amparo with the Court of Appeals (CA). Are the defenses of Atty. CA Justice Johnny de la Cruz. under his oath as lawyer. When Wilmar demanded payment of attorney’s fees. Vicente also said that when he takes the witness stand. and covered by Transfer Certificate of .00. it covered only 50% thereof. but paid the mortgage creditors with his own funds. (4%) XVI Atty. Romanito did not sell the properties. on cash basis. If Simeon is convicted of estafa. (3%) 2. Romanito succeeds in averting the foreclosure. (4%) XVIII On a Saturday. Simeon with estafa. Thereafter. Beatriz filed an administrative complaint against Wilmar claiming that he lied when he stated in his claim for attorney’s fees that the subject of the partition case involved the entire estate of the deceased when. (3%) XVII When Atty.funds to pay her creditors. Benigno and Ciriaco to invest in a business venture that later went bankrupt. will the disbarment complaint be dismissed? Explain. Vicente. in fact. Simultaneously. the latter confessed that he killed the victim in cold blood. situated in Muñoz. Romualdo obliged. he will deny having done so. Beatriz refused to pay. to inform the judge that [a] his client is guilty and [b] his client will commit perjury on the witness stand? Explain.000. and had the land titles registered in his name. Romualdo interviewed his client. Atty. will he be disbarred? Explain. Atty. Atty. and won. Simeon persuaded Armando. Are Atty. (3%) XV Atty. 1. Wilmar set up the defenses that (1) Beatriz filed the complaint only to delay the execution of the judgment ordering her to pay attorney’s fees and (2) Beatriz engaged in forum-shopping. Paterno and Justice de la Cruz guilty of unethical conduct? Explain.

123456. at the corner of Dapitan and Dos Castillas Sts. accosted Johnny Escolar. Edgar Bastonero. causing instantaneous death. the following facts are established: At 6:00 o’clock in the evening of September 13. (10%) -NOTHING FOLLOWS- . and Carlos Tirador. The death certificate was issued by Dr. Manila. a student. prepare the appropriate criminal information to be filed in court. (4%) XX From the affidavits and the death certificate submitted during the preliminary investigation. As Assistant City Prosecutor in Manila. alias Bugoy. alias Pogi. Bastonero and Tirador then ran away. who witnessed the entire incident. Prepare a Special Power of Attorney granting such authority. Jose Cabra who conducted the autopsy on Johnny. 2009. The affidavits were executed by William Tan and Henry Uy. Bastonero pulled out a knife and stabbed Johnny several times in the chest. Because Johnny resisted. classmates of Johnny. Sampaloc.. in the Register of Deeds of Nueva Ecija.Title No. and demanded the latter’s cellular phone and wrist watch.

in his Motion for Reconsideration of the Decision rendered by the National Labor Relations Commission (NLRC). Atty. He insulted the Commissioners for their ineptness in appreciating the facts as borne by the evidence presented. b. Y posits that as lawyer for the down-trodden laborers. (3%) IV Atty. (5%) II Enumerate the instances when a Notary Public may authenticate documents without requiring the physical presence of the signatories. Upon his return to the Philippines. Is Atty. (3%) Cite two (2) specific Rules in the Code of Professional Responsibility. XX rented a house of his cousin JJ on a month-tomonth basis. that his allegations in the Motion for Reconsideration are absolutely privileged. XX’s contention in order? Explain. (5%) Petition for Letters Rogatory. XX. Verification and Certification against Forum Shopping. (2%) V . X for monetary considerations in arriving at the questioned Decision. Y for using abusive language. he did not violate the Code of Professional Responsibility. (2%) III Atty. Atty. XX contended that his non-payment of rentals and bills to his cousin is a personal matter which has no bearing on his profession as a lawyer and. Atty. X files an administrative complaint against Atty. and that proscription against the use of abusive language does not cover pleadings filed with the NLRC. he is entitled to express his righteous anger against the Commissioners for having cheated them. XX still failed to settle his rental arrearages and electric bills. a. therefore. He left for a 6-month study in Japan without paying his rentals and electric bills while he was away despite JJ’s repeated demands. Y. violation of which subjects a lawyer to disciplinary action by the Supreme Court although the acts complained of are purely personal or private activities that do not involve the practice of law. Is Atty. drawing JJ to file an administrative complaint against Atty.2010 LEGAL ETHICS AND PRACTICAL EXERCISES PART I I Prepare the following: a. nor are any of its Commissioners Justices or Judges. Atty. alleged that there was connivance of the NLRC Commissioners with Atty. as it is not a court. Y administratively liable under the Code of Professional Responsibility? Explain. b.

X to represent him during the pre-trial. Upon receipt on March 20.) of land. After receiving P50. Delmonico demanded the transfer to him of the promised 500 sq.Cruz Law Office" with the Department of Trade and Industry as a single proprietorship. The appellate court found him guilty of indirect contempt.000 square meters (sq.000 plus 500 sq. (5%) XI . (5%) IX Is the defense of Atty.m. Santos-Cruz violate the Code of Professional Responsibility? Why? (3%) VII Atty.m. Petersburg. the two agreed on a success fee of P50. (3%) VIII For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a case involving 5.m. of the land. (3%) VI Atty. (3%) X Allison hired Atty.000. Did Atty. Monica Santos-Cruz registered the firm name "Santos. Instead of complying. Delmonico with violation of the Code of Professional Responsibility and Article 1491(5) of the Civil Code for demanding the delivery of a portion of the land subject of litigation.When is professional incompetence a ground for disbarment under the Rules of Court? Explain. X should submit to the court to enable him to represent Allison during Pre-Trial. The trial court rendered judgment in favor of Wag Yu which became final and executory. Delmonico liable under the Code of Professional Responsibility and the Civil Code? Explain. Atty. Prepare the necessary document that Atty. Candido commented in a newspaper that the decision of the Court of Appeals was influenced by a powerful relative of the prevailing party. R in a disbarment complaint for immorality filed by his paramour P that P is in pari delicto material or a ground for exoneration? Explain. Allison noted that at that time he would still be in a two-week conference in St. Does this involve moral turpitude? Explain. 2009 of the Notice of Pre-Trial which was scheduled on May 24. X as his counsel in his complaint for Collection of Sum of Money. Is Atty. She allowed her husband to give out calling cards bearing his name as senior partner of the firm and to appear in courts to move for postponements. He thus asked Atty. Wag Yu filed an administrative complaint charging Atty. In her stationery. 2009. she printed the names of her husband and a friend who are both non-lawyers as her senior partners in light of their investments in the firm.

the Supreme Court ordered the conduct of a discreet investigation by the Office of the Court Administrator. Jaded by the laid back life in the outback. he returned to the Philippines in December 2008. 9225). Is the Judge justified in not inhibiting himself from the case? (3%) XIII Reacting to newspaper articles and verbal complaints on alleged rampant sale of Temporary Restraining Orders by Judge X. Judges in the place where Judge X is assigned confirmed the complaints. Rebecca is a daughter of Judge A’s wife by a previous marriage. . file a motion to inhibit the Judge. May the Supreme Court act upon the complaint filed by an anonymous person? Why or why not? (3%) Is respondent entitled to resume the practice of law? Explain. As he kept abreast of legal developments. a concerned woman who had secured copies of Atty. (3%) What defense/s can Judge X raise in avoidance of any liability? (2%) XIV Farida engaged the services of Atty. (5%) PART II XII Rebecca’s complaint was raffled to the sala of Judge A. b. b. This is known to the defendant who does not. Garudo to represent her in a complaint for damages. easily one of the more posh golf courses. sociable lawyer. Months later. Richards practiced law until 1996 when he migrated to Australia where he subsequently became an Australian citizen in 2000. Australia. What kind of contract is this? (2%) XV Rico. Richards’ naturalization papers with consular authentication. however. owns a share in Marina Golf Club. He relishes hosting parties for government officials and members of the bench. What administrative charge/s may be leveled against Judge X? Explain. pursuant to which he reacquired his Philippine citizenship in 2006.After passing the Philippine Bar in 1986. he established his own law office and resumed his practice of law. He took his oath of allegiance as a Filipino citizen at the Philippine embassy in Canberra. The two agreed that all expenses incurred in connection with the case would first be shouldered by Atty. an amiable. petitioner learned about the Citizenship Retention and Re-Acquisition Act of 2003 (Republic Act No. Atty. a. filed with the Supreme Court an anonymous complaint against him< for illegal practice of law. Garudo and he would be paid for his legal services and reimbursed for all expenses which he had advanced out of whatever Farida may receive upon the termination of the case. After the holidays. a.

Rico does not discuss cases with members of the bench during parties and golf games. b. the judge demurred to the Supreme Court decision and even stressed that the decision is a serious violation of the Constitution. he discussed the recent decision of the Supreme Court declaring that the President is not. a.One day. (5%) XIX Judges of the first and second level courts are allowed to receive assistance from the local government units where they are stationed. (3%) XVI Judge L is assigned in Turtle Province. they incur additional expenses for their accommodations. Since he was given the liberty to speak on any topic. a. he had a chance meeting with a judge in the Intramuros golf course. Did Judge X incur any administrative liability? Explain. The two readily got along well and had since been regularly playing golf together at the Marina Golf Club. (3%) XX . Pass on the propriety of the Justices’ receipt of assistance/allowance from the local governments. is he violating the Code of Professional Responsibility? Explain. His brother ran for Governor in Rabbit Province. b. Justices at the Court of Appeals in the regional stations in the Visayas and Mindanao are not necessarily residents there. (3%) XVIII a. as an obiter dictum. in one of his decisions. (5%) Draft a Petition for the Issuance of a Writ of Habeas Data. (3%) If instead of ventilating his opinion before the private organization. If Atty. are they violating the Code of Judicial Conduct? Explain. In his speech. b. Draft the accusatory portion of an Information for RAPE of a 13-year old child committed by her maternal uncle in broad daylight at the back of a church. Did Judge L incur administrative and/or criminal liability? Explain. He even contributed a modest amount to the campaign kitty and hosted lunches and dinners. hence. under the Constitution. c. proscribed from appointing a Chief Justice within two months before the election. During the election period this year. Judge X incorporated it. (3%) How about the members of the bench who grace the parties of Rico. (5%) Draft a Petition for Bail. (3%) XVII Judge X was invited to be a guest speaker during the annual convention of a private organization which was covered by media. The assistance could be in the form of equipment or allowance. Judge L took a leave of absence to help his brother conceptualize the campaign strategy. did he incur any administrative liability? Explain.

The family-owned tracts of land in the vicinity of the donated lot suddenly appreciated in value and became commercially viable as in fact a restaurant and a hotel were soon after built. which was accepted. In attending hearings. Did the Judge commit any violation of the Code of Judicial Conduct? (2%) XXII A retired member of the Judiciary is now engaged in private practice. The donation was accepted and the condition was complied with. Bearing in mind that the family is a social institution which the State is duty-bound to preserve. what will be your action on Arabella’s motion to dismiss the complaint? (3%) XXI On the proposal of Judge G.Arabella filed a complaint for disbarment against her estranged husband Atty. Pass on the ethical aspect of the judge’s use of the protocol plate. After Arabella presented evidence and rested her case before the Investigating Commissioner of the IBP Committee on Bar Discipline. she and her husband having reconciled for the sake of their children. . he and his family donated a lot to the city of Gyoza on the condition that a public transport terminal would be constructed thereon. he uses his car bearing his protocol plate which was issued to him while still in the service. (2%) NOTHING FOLLOWS. P on the ground of immorality and use of illegal drugs. You are the Investigating Commissioner of the IBP. she filed an Affidavit of Desistance and motion to dismiss the complaint.