Final Exam Set 2

FINAL EXAM IN PROBLEM AREAS IN LEGAL ETHICS
May 11, 2020 (5:30pm to 7:00pm)
What are the requisites for admission to the practice of law? (5 pts)
II
Cite two reasons in accepting the engagement of legal services mentioned by Justice
Hilarion Aquino in his article “Problem Areas in Legal Ethics.” (5 pts)
III
Atty. Adik Sayo was accused of possession of prohibited drugs. During the pendency of
his criminal case, a separate administrative complaint for grave misconduct was also
filed against him. In his defense, Atty. Sayo claimed that his alleged act of possessing
prohibited drugs is not committed in the exercise of his legal profession therefore, it
could not affect his status as a lawyer.
Cite the general rule and the exception on lawyer’s culpability for acts done in his
private capacity. (5 pts)
IV
Mr. Sala Wahan, a new bar passer in the 2019 Bar Examinations, is a respondent of a
Petition to Deny Admission to the Philippine Bar filed by his girlfriend, Ms. Nai Wan, on
ground of gross immoral conduct. In her complaint affidavit, Ms. Wan narrated that she
and Mr. Wahan, both unmarried, fell in love. They decided to live together and a year
after, a child was born out of wedlock. She further stated that she was the one who
provided for the financial needs of Mr. Wahan since he was a law student until he
finished taking the Bar Exams. Despite her pleas that they get married, Mr. Wahan kept
promising to her that he would marry her when he would pass the Bar. To her worst
nightmare, however, Mr. Wahan eloped with Ibong Adarna the day he passed the Bar.
Should Mr. Sala Wahan be admitted to the Philippine Bar? (5 pts)
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. (5%) (Bar 2017)
VI
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"? (2.5 pts)
(b) Is Atty. Carbon qualified to become a Regional Trial Court Judge? (2.5
pts) (Bar 2018)
VII
Carlos contracted two marriages: the first was with Consuelo, whom he left in the
province, and the second was with Corinne in Manila, with whom he had six (6)
children. Both women were unaware of Carlo's marriage to the other.
When Carlos entered law school, he met Cristina, a classmate, to whom he confided his
marital status. Not long after, Carlos and Cristina became involved in an extramarital
affair, as a result of which Carlos left Corinne and their children. During Carlos and
Cristina's senior year in law school, Consuelo passed away. After their admission to the
bar, Atty. Carlos and Atty. Cristina decided to get married in Hong Kong in a very private
ceremony. When Corinne learned of Carlos and Cristina's wedding in Hong Kong, she
filed a disbarment case against Atty. Carlos and Atty. Cristina on the ground of gross
immorality. Atty. Carlos and Atty. Cristina raised the following defenses:
a) the acts complained of took place before they were admitted to the bar;
and
b) Atty. Carlos' marriage to Corinne was void ab initio due to his subsisting
first marriage with Consuelo, and they were free to marry after Consuelo
died.
Rule on each defense. (2.5 pts. each) (Bar 2018)
VIII
Atty. Claire Cortez, a member of the Philippine Bar who was also admitted to the New
York Bar, was disbarred from the practice of law in New York for violation of Anti-Money
Laundering laws of that State. She returned to the Philippines in order to resume her
Philippine law practice.
Can she also be disbarred from practicing law in the Philippines for the same
infraction committed in the foreign jurisdiction? (5%)
IX
Atty. U was being investigated by the Integrated Bar of the Philippines regarding a
complaint for immorality filed by his wife, Y. Pending resolution of the case, complainant
Y filed an affidavit of desistance and withdrawal of the complaint on the ground that she
mistakenly filed the complaint out of jealousy.
What is the effect of Y's filing of an affidavit of desistance and the withdrawal of
her complaint in the administrative case against Atty. U? Explain. (2.5 pts.) (Bar
2019)
X
P was dismissed by his former employer, Company X, for allegedly misappropriating

company funds entrusted to him. P alleged that there was no proof to substantiate the
same; hence, his dismissal was invalid.
Aggrieved, P engaged the services of ABCDE Law Office to represent him in an illegal
dismissal case against Company X. Atty. A, a partner of the said law firm, was assigned
to handle P's case. Eventually, the illegal dismissal case was terminated upon
settlement by all parties, and thus, P's engagement with ABCDE Law Office ceased.
Two (2) years after, a criminal case for Qualified Theft was filed by Company X against
P based on the same events which led to his dismissal. To his surprise, P found out that
Company X was being represented by ABCDE Law Office in the criminal case.
Decrying a violation of the rule on conflict of interest, P filed an administrative complaint
against Attys. A, B, C, D, and E, the partners of ABCDE Law Office.
(a) Was the rule on conflict of interest violated in this case? Explain. (2.5
pts.)
(b) Is the prior termination of P's engagement with ABCDE Law Office a
valid defense to the administrative charge against Attys. A, B, C, D, and E?
Explain. (2.5 pts.)
(c) May Attys. B, C, D, and E be held administratively liable for violating the
rule on conflict of interest despite the fact that it was only Atty. A, the
handling lawyer, who had knowledge of P's engagement as a client?
Explain. (2.5 pts.) (Bar 2019)
Nothing follows

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FINAL EXAM IN PROBLEM AREAS IN LEGAL ETHICS

May 11, 2020 (5:30pm to 7:00pm)

Should Mr. Sala Wahan be admitted to the Philippine Bar? (5 pts)

(a) Is Atty. Carbon engaged in the "practice of law"? (2.5 pts)

Rule on each defense. (2.5 pts. each) (Bar 2018)

P was dismissed by his former employer, Company X, for allegedly misappropriating

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