Bar Questions in Legal Ethics

Labor Law Bar Qs – Ed Vincent C.
Albano ©
2010 monetary considerations in arriving at the

questioned Decision. He insulted the
PART I Commissioners for their ineptness in
appreciating the facts as borne by the
I. evidence presented.
Prepare the following: Atty. X files an administrative complaint

against Atty. Y for using abusive language.
a. Verification and Certification against
Forum Shopping. Atty. Y posits that as lawyer for the down-
trodden laborers, he is entitled to express
b. Petition for Letters Rogatory. his righteous anger against the
Commissioners for having cheated them;
II. that his allegations in the Motion for
Reconsideration are absolutely privileged;
and that proscription against the use of
Enumerate the instances when a Notary
Public may authenticate documents abusive language does not cover pleadings
without requiring the physical presence of filed with the NLRC, as it is not a court, nor
are any of its Commissioners Justices or
the signatories.
Judges.
A: Under the following situations, a notary
Is Atty. Y administratively liable under the
public may notarize a document without the
physical presence of the signatories: Code of Professional Responsibility?
Explain.
1. If the signatory is old or sick or
otherwise unable to appear, his A: Yes. Atty. Y has violated the rule that a
presence may be dispensed with if one lawyer shall not, in his professional dealings,
credible witness not privy to the use language which is abusive, offensive or
instrument and who is known to the otherwise improper (Canons 8 and 11 of the
notary public, certifies under oath or CPR; Canlapan v. Atty. William Balayo). A
lawyer is a servant of the law; a model citizen
affirmation the identity of the
that must set an example to the public. A
signatory.
2. If two credible witnesses neither of lawyer shall abstain from scandalous,
whom is privy to the instrument, not offensive or menacing language or behavior
known to the notary public but can before the courts (Rule 11.03, CPR). In fact, he
present their own competent evidence can be cited for contempt or the courts may
of identity, certify under oath or use their disciplinary powers (Zaldivar v.
Gonzales). If a lawyer attacks without
affirmation to the identity of the
signatory. foundation the integrity of another lawyer, the
3. In cases of copy certification and court may order the same be stricken off the
record. For cases are not won by such
issuances of certified true copies.
language. A lawyer has a basic duty to conduct
himself with fidelity to the courts, to be
III.
courteous and fair, not combative and
bellicose (Sangalang v. Gaston).
Atty. Y, in his Motion for Reconsideration of
the Decision rendered by the National
The contention that the NLRC is not a
Labor Relations Commission (NLRC),
court is not correct. The lawyer remains a
alleged that there was connivance of the
member of the Bar, an oath-bound servant of
NLRC Commissioners with Atty. X for
Sison, PKD.
Labor Law Bar Qs – Ed Vincent C. Albano ©
the law, whose first duty is not to his client, but acts complained of are purely personal or
to the administration of justice and whose private activities that do not involve the
conduct ought to be and must be scrupulously practice of law.
observant of law and ethics (Johnny Ng v. Atty.
Benjamin Alar; Canlapan v. Balayo) A: The following rules were violated:
The lawyer’s first and foremost duty is A lawyer shall not engage in unlawful,
to the courts. He is duty bound to comply with dishonest, immoral and deceitful conduct.
the lawful orders of the court. The reason is (Rule 1.01)
that the attorney is an officer of the court
because his main mission is to assist in the A lawyer shall not engage in conduct
administration of justice (Fernandez v. Atty. that adversely reflects on his fitness to
Angelica De Ramos-Villalon). practice law, nor should he, whether in public
or private life, behave in a scandalous manner
IV. to the discredit of the legal profession. (Rule
7.03
Atty. XX rented a house of his cousin JJ on a
month-to-month basis. He left for a 6- V.
month study in Japan without paying his
rentals and electric bills while he was away When is professional incompetence a
despite JJ’s repeated demands. ground for disbarment under the Rules of
Court? Explain.
Upon his return to the Philippines, Atty. XX
still failed to settle his rental arrearages A: Professional incompetence of a lawyer may
and electric bills, drawing JJ to file an be a special ground for disbarment if his
administrative complaint against Atty. XX. incompetence is so total, gross and serious
that he cannot be entrusted with the duty to
Atty. XX contended that his non-payment of protect the rights of clients. Such gross and
rentals and bills to his cousin is a personal inexcusable negligence may effectively deny
matter which has no bearing on his his client his day in court resulting in violation
profession as a lawyer and, therefore, he of the right to due process. In such case, the
did not violate the Code of Professional client is not bound by the acts of the counsel
Responsibility. (Legarda v. CA). The act smacks of violation of
due process. “A lawyer shall not undertake a
a. Is Atty. XX’s contention in order? Explain. legal service where he knows or should know
that he is not qualified to render” (Rule 18.01,
A: No, because having incurred just debts, a CPR). If he does so, it constitutes malpractice
lawyer has the duty and legal responsibility to or gross misconduct in office which are
settle them when they become due. Verily, grounds for suspension or disbarment (Sec.
lawyer must at all times faithfully perform 27, Rule 138, Rules of Court).
their duties to society, to the bar, to the court
and to their clients. As part of their duties, they VI.
must promptly pay their financial obligations.
(Cham v. Atty. Eva Pata-Moya) Atty. Monica Santos-Cruz registered the
firm name "Santos- Cruz Law Office" with
b. Cite two (2) specific Rules in the Code of the Department of Trade and Industry as a
Professional Responsibility, violation of single proprietorship. In her stationery,
which subjects a lawyer to disciplinary she printed the names of her husband and
action by the Supreme Court although the a friend who are both non-lawyers as her
Sison, PKD.
senior partners in light of their A: No. Moral turpitude means everything

investments in the firm. She allowed her which is done contrary to justice, modesty, or
husband to give out calling cards bearing good morals, an act of baseness, vileness of
his name as senior partner of the firm and depravity in the private and social duties
to appear in courts to move for which a man owes his fellowmen, or to society
postponements. in general, contrary to justice, modesty or
good morals (Soriano v. Dizon). Based on this
Did Atty. Santos-Cruz violate the Code of definition, it would appear that the published
Professional Responsibility? Why? comment of Atty. Candido does not constitute
“moral turpitude” although contemptuous.
A: Yes. A lawyer who allows a non-member of The act embarrassed the administration of
the Bar to misrepresent himself as a lawyer jusice (People v. Castelo).
and to practice of law, is guilty of violating the
following rules: VIII.
“Canon 9. A lawyer shall not directly or For services to be rendered by Atty.

indirectly assist in the unauthorized practice Delmonico as counsel for Wag Yu in a case
of law.” involving 5,000 square meters (sq.m.) of
land, the two agreed on a success fee of
“Rule 9.01. A lawyer shall not delegate to any ₱50,000 plus 500 sq.m. of the land.
unauthorized person the performance of any
task which by law may only be performed by a The trial court rendered judgment in favor
member of the bar in good standing.” of Wag Yu which became final and
(Cambaliza v. Cristobal-Tenorio) executory.
Practice of law is not a matter of right, After receiving ₱50,000, Atty. Delmonico
but a mere privilege burdened with conditions demanded the transfer to him of the
(Lee v. Atty. Tambago). Only a person duly promised 500 sq.m. Instead of complying,
admitted as a member of the bar or hereafter Wag Yu filed an administrative complaint
admitted as such in accordance with the charging Atty. Delmonico with violation of
provisions of the Rules of Court, and who is of the Code of Professional Responsibility and
good standing is entitled to practice of law Article 1491(5) of the Civil Code for
(Sec. 1, Rule 138, Rules of Court). The purpose demanding the delivery of a portion of the
is to protect the public, the court and the client land subject of litigation.
and the bar from the incompetence or
dishonesty of those unlicensed to practice law Is Atty. Delmonico liable under the Code of
and not subject to the disciplinary control of Professional Responsibility and the Civil
the court (Phil. Assn. of Free Labor Union, et. Code? Explain.
al. v. Binalbagan, Isabela Sugar Co., et. al.)
A: No. Atty. Delmonico is not guilty of violating
VII. the Code of Professional Responsibility and
the Civil Code considering that he and his
Atty. Candido commented in a newspaper client agreed on a success fee of Php 50,000
that the decision of the Court of Appeals plus 500 sq. of the land involved in the case
was influenced by a powerful relative of the that he was handling. This is a contingent fee
prevailing party. The appellate court found contract which is allowed under Canon 20,
him guilty of indirect contempt. Does this Rule 20.01 of the Code of Professional
involve moral turpitude? Explain. Responsibility and Canon 13 of the Code of
Professional Ethics. The parties are bound to
Sison, PKD.
comply with the terms and conditions of their After passing the Philippine Bar in 1986,
agreement pursuant to the principle of Atty. Richards practiced law until 1996
mutuality of contracts. when he migrated to Australia where he
subsequently became an Australian citizen
A contingent fee agreement does not in 2000. As he kept abreast of legal
violate Art. 1491 of the Civil Code, because the developments, petitioner learned about
transfer or assignment of the property in the Citizenship Retention and Re-
litigation takes effect only after the finality of a Acquisition Act of 2003 (Republic Act No.
favorable judgment (Director of Lands v. 9225), pursuant to which he reacquired his
Ababa). What is abhorred and prohibited by Philippine citizenship in 2006. He took his
the law is the acquisition of propriety of the oath of allegiance as a Filipino citizen at the
client, subject of litigation during the Philippine embassy in Canberra, Australia.
pendency of litigation. It is founded on public Jaded by the laid back life in the outback, he
policy to prevent the lawyer from taking returned to the Philippines in December
undue advantage exerting undue influence 2008. After the holidays, he established his
upon his client. own law office and resumed his practice of
law.
IX.
Months later, a concerned woman who had
Is the defense of Atty. R in a disbarment secured copies of Atty. Richards’
complaint for immorality filed by his naturalization papers with consular
paramour P that P is in pari authentication, filed with the Supreme
delicto material or a ground for Court an anonymous complaint against
exoneration? Explain. him for illegal practice of law.
A: No. The defense of in pari delicto is a. May the Supreme Court act upon the
immaterial in an administrative case, which is complaint filed by an anonymous person?
sui generis. The administrative case is about Why or why not?
the lawyer’s conduct, not the woman’s.
(Mortel v. Aspiras; Po Cham v. Pizarro; A: Yes, the SC may act upon the complaint filed
Marjorie Samaniego v. Atty. Andrew V. Ferrer) by an anonymous complainant, because the
basis of the complaint consists of documents
X. with consular authentication which can be
verified being public records. There is no need
Allison hired Atty. X as his counsel in his to identify the complainant when the evidence
complaint for Collection of Sum of Money. is documented and verifiable (In Re: Echiverri;
Upon receipt on March 20, 2009 of the In Re: Araula; Concerned Citizens v. Elma).
Notice of Pre-Trial which was scheduled on Besides, the SC or the IBP may initiate
May 24, 2009, Allison noted that at that disbarment proceedings motu proprio.
time he would still be in a two-week
conference in St. Petersburg. He thus asked b. Is respondent entitled to resume the
Atty. X to represent him during the pre- practice of law? Explain.
trial.
A: Yes, provided that he observed the
Prepare the necessary document that Atty. procedure laid down by the SC such as:
X should submit to the court to enable him
to represent Allison during Pre-Trial. a. Updating and payment in full of the
annual membership dues in the IBP;
XI. b. Payment of the professional tax;
Sison, PKD.
c. Completion of at least 36 credit hours people’s faith and confidence in the courts of
of mandatory continuing legal justice (Garcia v. Dela Pena).
education; and
d. Pretaking of the lawyer’s oath XIII.
(Petition for Leave to Resume Practice
of Law of Benjamin M. Dacanay) which Reacting to newspaper articles and verbal
will remind him not of his duties and complaints on alleged rampant sale of
responsibilities as a lawyer and as an Temporary Restraining Orders by Judge X,
officer of the Court but also to renew the Supreme Court ordered the conduct of
his pledges to maintain allegiance to a discreet investigation by the Office of the
the Republic of the Philippines (In Re: Court Administrator.
petition to Reacquire the Privilege to
Practice Law in the Phils., Epifanio B. Judges in the place where Judge X is
Meneses). assigned confirmed the complaints.
PART II a. What administrative charge/s may be

leveled against Judge X? Explain.
XII.
A: He could be charged with Gross Misconduct,
Rebecca’s complaint was raffled to the sala arising from violations of the Anti-Graft and
of Judge A. Rebecca is a daughter of Judge Corrupt Practices Act (RA No. 3019). He could
A’s wife by a previous marriage. This is also be charged with violations of the rule that
known to the defendant who does not, “judges and members of their families shall
however, file a motion to inhibit the Judge. neither ask for, nor accept, any gift, bequest,
loan or favor in relation to anything done or to
Is the Judge justified in not inhibiting be done or omitted to be done by him or her in
himself from the case? connection with the performance of judicial
duties” (Canon 4, Sec. 13 of the new Civil Code
A: No. The judge is not justified in not of Judicial Conduct for the Philippine
inhibiting himself. It is mandatory for him to Judiciary). The act of the judge smacks of
inhibit if he is related to any of the parties by bribery which is committed by a public officer
consanguinity or affinity within the sixth civil who agrees to perform an action in connection
degree (Sec. 3(f), Canon 3, New Code of Judicial with the performance of official duties in
Conduct for the Philippine Judiciary). Judge A, consideration of any offer, promise or gift or
being the stepfather of Rebecca, is related to present received. A judge who extorts money
her by affinity by just one degree. “Judges shall from a party-litigant who has a case commits
disqualify themselves from participating in serious misconduct and the court has
any proceeding in which they are unable to condemned such act in the strongest possible
decide the matter impartially or in which it terms. Particularly, because it has been
may appear to a reasonable observer that they committed by one charged with the
are unable to decide the matter impartially” responsibility of administering the law and
(Id., Sec. 5, Canon 3). The rule on compulsory rendering justice, it quickly and surely
disqualification of a judge to hear a case where corrodes respect for the law and the courts
the respondent judge is related to either party (Atty. Velez v. Judge Flores; In Re: Justice
within the sixth degree of consanguinity or Gregory Ong; Quiz v. Castano; Nazareno v.
affinity rests on the salutary principle that no Almario)
judge should preside in a case in which he not
wholly free, disinterested, impartial and b. What defense/s can Judge X raise in
independent. The purpose is to preserve the avoidance of any liability?
Sison, PKD.
A: He could raise the defense of hearsay Rico, an amiable, sociable lawyer, owns a
evidence, lack of substantive evidence, and share in Marina Golf Club, easily one of the
denial of due process. In administrative more posh golf courses. He relishes hosting
proceedings, only substantial evidence, i.e., parties for government officials and
that amount of relevant evidence that a members of the bench.
reasonable mind might accept as adequate to
support a conclusion, is required. The One day, he had a chance meeting with a
standard of substantial evidence is satisfied judge in the Intramuros golf course. The
when there is reasonable ground to believe two readily got along well and had since
that respondent is responsible for the been regularly playing golf together at the
misconduct complained of, even if such Marina Golf Club.
evidence might be overwhelming or even
preponderant. (Jallorina v. Taneo-Regner; a. If Atty. Rico does not discuss cases with
Banaag v. Espeleta) members of the bench during parties and
golf games, is he violating the Code of
XIV. Professional Responsibility? Explain.
Farida engaged the services of Atty. Garudo A: Yes. A lawyer shall not extend extraordinary
to represent her in a complaint for attention or hospitality to, nor seek
damages. The two agreed that all expenses opportunity for cultivating familiarity with
incurred in connection with the case would judges (Rule 13.01, CPR). He should refrain
first be shouldered by Atty. Garudo and he from any impropriety which gives the
would be paid for his legal services and appearance of influencing the court (Canon 13,
reimbursed for all expenses which he had CPR). In regularly playing golf with judges,
advanced out of whatever Farida may Atty. Rico cannot erase the suspicion that they
receive upon the termination of the case. discuss cases during the game, even if they
What kind of contract is this? actually do not. The act of the judge will also
raise suspicion.
A: It is a champertous contract, which is
invalid. It is an agreement whereby an b. How about the members of the bench
attorney agrees to pay off expenses in who grace the parties of Rico, are they
proceedings to enforce the client’s rights. Such violating the Code of Judicial Conduct?
agreement against public policy especially Explain.
where the attorney has agreed to carry on the
action at his own expense in consideration of A: Members of the bench who grace the parties
some bargain to have part of the thing in of Atty. Rico would be guilty of violating the
dispute. The execution of this contract violates rule that “judges shall, in their personal
the fiduciary relationship between the lawyer relations with individual members of the legal
and his client, for which the former must incur profession who practice regularly in their
administrative sanctions. It is violative of court, avoid situations which might
Canon 42 of the Canons of Professional Ethics reasonably give rise to the suspicion or
which provides that a lawyer may not properly appearance of favoritism or partiality” (Sec. 3,
agree with a client to pay or bear the expenses Canon4 of the New Code of Judicial Conduct for
of litigation. (Bautista v. Gonzales; Cadavedo v. the Philippine Judiciary). “If a judge is seen
Lacaya) eating and drinking in public places with a
lawyer who has cases pending in his or her
XV. sala, public suspicion may be aroused, thus
tending to erode the trust of litigants in the
impartiality of the judge (Padilla v. Zamora).
Sison, PKD.
XVI. A: He did not incur administrative liability.

Judges, like any other citizen, are entitled to
Judge L is assigned in Turtle Province. His freedom of expression, belief, association and
brother ran for Governor in Rabbit assembly, but exercising such rights, they shall
Province. During the election period this always conduct themselves in such a manner
year, Judge L took a leave of absence to help as to preserve the dignity of the judicial office
his brother conceptualize the campaign and the impartiality and independence of the
strategy. He even contributed a modest judiciary. (Sec. 4, Canon 4 of the New Code of
amount to the campaign kitty and hosted Judicial Conduct for the Philippine Judiciary)
lunches and dinners.
b. If instead of ventilating his opinion
Did Judge Lincur administrative and/or before the private organization, Judge X
criminal liability? Explain. incorporated it, as an obiter dictum, in one
of his decisions, did he incur any
A: Yes. Judge L incurred administrative administrative liability? Explain.
liability considering that he belongs to the Civil
Service. His only allowed participation in A: In deciding cases, a judge is supposed to be
election is to vote and not participate in faithful to the law, which includes decisions of
partisan political activity. By helping his the SC. If he feels that a doctrine enunciated by
brother conceptualize the campaign strategy, the SC is against his way of reasoning or his
he actively participated in partisan political conscience, he may state his personal opinion
activity. “A judge is entitled to entertain on the matter but should decide the case in
personal views or political questions, but to accordance with the law or doctrine and not in
avoid suspicion of political partisanship, a his personal views (Garcia v. Borgus). The fact
judge shall not make political speeches, that Judge X ventilated his personal opinion
contribute to party funds, publicly endorse merely as an obiter dictum indicates that he
candidates for political office or participate in did not decide the case in accordance with his
other partisan political activities.” (Rule 5.18 personal opinion. But still, it undermines the
of the Code of Judicial Conduct) authority of the SC and he may incur
administrative liability for it.
XVII.
XVIII.
Judge X was invited to be a guest speaker
during the annual convention of a private a. Draft the accusatory portion of an
organization which was covered by media. Information for RAPE of a 13-year old child
Since he was given the liberty to speak on committed by her maternal uncle in broad
any topic, he discussed the recent decision daylight at the back of a church.
of the Supreme Court declaring that the
President is not, under the Constitution, b. Draft a Petition for the Issuance of a Writ
proscribed from appointing a Chief Justice of Habeas Data.
within two months before the election.
c. Draft a Petition for Bail.
In his speech, the judge demurred to the
Supreme Court decision and even stressed XIX.
that the decision is a serious violation of
the Constitution. Judges of the first and second level courts
are allowed to receive assistance from the
a. Did Judge X incur any administrative local government units where they are
liability? Explain.
Sison, PKD.
stationed. The assistance could be in the bound to preserve, what will be your action
form of equipment or allowance. on Arabella’s motion to dismiss the
complaint?
Justices at the Court of Appeals in the
regional stations in the Visayas and A: I would still deny the motion to dismiss
Mindanao are not necessarily residents because an affidavit of desistance cannot cause
there, hence, they incur additional the dismissal of a disbarment proceeding.
expenses for their accommodations.
XXI.
Pass on the propriety of the Justices’
receipt of assistance/allowance from the On the proposal of Judge G, which was
local governments. accepted, he and his family donated a lot to
the city of Gyoza on the condition that a
A: The grant of allowances by local public transport terminal would be
government units to “judges, prosecutors, constructed thereon. The donation was
public elementary and high school teachers, accepted and the condition was complied
and other national government officials” with.
stationed in or assigned to the locality
pursuant to Sections 447(a)(1)(xi), The family-owned tracts of land in the
458(a)(1)(xi) and 468(a)(1)(xi) of RA No. vicinity of the donated lot suddenly
7160, otherwise known as the Local appreciated in value and became
Government Code is valid. “To rule against the commercially viable as in fact a restaurant
power of the LGUs to grant allowance to and a hotel were soon after built.
judges… will subvert the principle of local
autonomy zealously guaranteed by the Did the Judge commit any violation of the
Constitution” (Dadole v. Commission on Audit; Code of Judicial Conduct?
Leynes v. Commission on Audit). Hence, it is
not improper for judges and justices to receive A: The act was not improper because “there is
allowances from LGUs, since it is allowed by no clear indication that the respondent was
law for LGUs to give the same. impelled by a desire to benefit financially”
(Saluday v. Labitoria). But even then, the judge
XX. and his family were principally motivated by
the anticipated increase in the value of their
Arabella filed a complaint for disbarment property as a consequence of the donation of a
against her estranged husband Atty. P on lot for the construction of a transport facility.
the ground of immorality and use of illegal He may, thereby, be held liable for violating
drugs. the rule that “judges shall not use or lend the
prestige of the judicial office to advance their
After Arabella presented evidence and private interests, or those of a member of their
rested her case before the Investigating family or anyone else, nor shall they convey or
Commissioner of the IBP Committee on Bar permit others to convey the impression that
Discipline, she filed an Affidavit of anyone is in a special position improperly to
Desistance and motion to dismiss the influence them in the performance of judicial
complaint, she and her husband having duties” (Sec. 8, Canon 4 of the New Code of
reconciled for the sake of their children. Conduct for the Philippine Judiciary).
You are the Investigating Commissioner of XXII.

the IBP. Bearing in mind that the family is a
social institution which the State is duty-
Sison, PKD.
A retired member of the Judiciary is now Limot testified during the trial that he had
engaged in private practice. In attending mailed the notice of the loss to the
hearings, he uses his car bearing his insurance agent, but admitted that he lost
protocol plate which was issued to him the registry receipt so that he did not have
while still in the service. any documentary evidence of the fact of
mailing and of the timeliness of the mailed
Pass on the ethical aspect of the judge’s use notice. Dormir Insurance denied liability,
of the protocol plate. contending that timely notice had not been
given either to the company or its agent.
A: The judge’s use of his protocol plate after his Atty. Bravo’s client, agent Negar, testified
retirement is not proper and ethical since he is and confirmed that he never received any
no longer entitled to use such protocol plate notice.
after his retirement. As a practicing lawyer, he
should not engage in unlawful, dishonest, A few days after Negar testified, he
immoral or deceitful conduct (Canon 1, Rule admitted to Atty. Bravo that he had lied
1.01 of the Code of Professional when he denied receipt of Limot’s notice;
Responsibility). he did receive the notice by mail but
immediately shredded it to defeat Limot’s
The act of using the protocol plate after claim.
his retirement is a dishonest conduct. The
lawyer’s primary duty to society or to the State If you were Atty. Bravo, what would you do
is to uphold the Constitution, obey the laws of in light of your client’s (Carlos Negar’s)
the land and promote respect for the law and disclosure that he perjured himself when
legal processes (Canon 1, CPR). To say that he testified?
lawyers must at all times uphold and respect
the law is to state the obvious. Considering A: If I were Atty. Bravo, I shall promptly call
that, of all classes of professions, lawyers are upon Carlos Negar, my client, to rectify his
most sacredly bound to uphold the law, it is perjured testimony by recanting the same
imperative that they live by the law. Lawyers before the court.
who violate their oath and engage in deceitful
conduct have no place in the legal profession. Should he refuse or fail to do so I shall
(Resurreccion v. Atty. Ciriaco C. Sayson; then terminate my relationship with him (CPR,
Angeles v. Atty. Wilfredo Lina-ac; Fajardo v Canon 19, Rule 19.02) stating that with his
Atty. Nicanor Alvarez) having committed perjury he pursued an
illegal conduct in connection with the case
2013 (CPR, Canon 22, Rule 22.01).
I. Since my client Limot refuses to forego

the advantage thus unjustly gained as a result
Atty. Bravo represents Carlos Negar (an of his perjury, I should promptly inform the
insurance agent for Dormir Insurance Co.) injured person or his counsel, so that they may
in a suit filed by insurance claimant Andy take the appropriate steps (Canons of
Limot who also sued Dormir Insurance. Professional Ethics, Canon 14).
The insurance policy requires the
insured/claimant to give a written notice Finally, as part of my duty to do no
to the insurance company or its agent falsehood, nor consent to the doing of any
within 60 days from the occurrence of the court (CPR, Canon 10, Rule 10.01, and the
loss. Attorney’s Oath). I shall file a manifestation
Sison, PKD.
with the court attaching thereto the notice of sped away. Medroso pursued Jactar and
termination as Limot’s counsel. caught up with him at an intersection.
II. In their confrontation, Jactar dared

Medroso to sue, bragged about his
Atty. Serafin Roto is the Corporate connections with the courts, and even
Secretary of a construction corporation uttered veiled threats against Medroso.
that has secured a multi-million During the police investigation that
infrastructure project from the followed, Medroso learned that Jactar was
government. In the course of his duties as reviewing for the Bar examinations.
corporate secretary, he learned from the
company president that the corporation Under these facts, list and justify the
had resorted to bribery to secure the potential objections that can be made
project and had falsified records to cut against Jactar’s admission to the practice of
implementing costs after the award of the law.
project.
A: The potential objection that can be made
The government filed a civil action to annul against Jactar’s admission to the practice of
the infrastructure contract and has law is the absence of good moral character.
subpoenaed Atty. Roto to testify against the (Rules of Court, Rule 138, Sec. 2)
company president and the corporation
regarding the bribery. Atty. Roto moved to Jactar’s bragging about his connection
quash the subpoena, asserting that lawyer- with the courts and uttering veiled threats
client privilege prevents him from against Medroso are indications of his lack of
testifying against the president and the good moral character. His acts are contrary to
corporation. justice, honesty, modesty or good morals (In re
Basa). He has acted in a manner that has
Resolve the motion to quash. violated the private and social duties which a
man owes to his fellowmen, or to society in
A: Motion should be denied. general, contrary to the accepted and
customary rule of right and duty between man
The motion should be denied because and man (Tak Ng v. Republic).
Att. Roto did not learn of the bribery and
falsification in connection with a lawyer-client IV.
relation. Being a corporate secretary does not
create a lawyer-client relation because Atty. Doblar represents Eva in a contract
membership in the Bar is not requirement to suit against Olga. He is also defending
perform the functions of a corporate secretary. Marla in a substantially identical contract
Anyone can serve as a corporate secretary. suit filed by Emma. In behalf of Eva, Atty.
Consequently, Atty. Roto does not owe any Doblar claims that the statute of limitations
obligation of confidentiality to the runs from the time of the breach of the
corporation. contract. In the action against Marla, Atty.
Doblar now argues the reverse position –
III. i.e., that the statute of limitation does not
run until one year after discovery of the
Miguel Jactar, a fourth year law student, breach.
drove his vehicle recklessly and hit the rear
bumper of Simplicio Medroso’s vehicle. Both cases are assigned to Judge Elrey.
Instead of stopping, Jactar accelerated and Although not the sole issue in the two cases,
Sison, PKD.
the statute of limitations issue is critical in administration of justice. To that end, his
both. client’s success is wholly subordinate. His
conduct ought to and must always be
Is there an ethical/professional scrupulously observant of the law and ethics.
responsibility problem in this situation? If (Maglasang v. People)
a problem exists, what are its implications
or potential consequences? Any means, not honorable, fair and
honest, which is resorted to by the lawyer,
A: Yes. There is an ethical/professional even in the pursuit of his devotion to his
responsibility problem that results from the client’s cause, is condemnable and unethical.
actuation of Atty. Doblar in arguing the reverse (Maglasang v. People)
positions.
V.
The signatures of Atty. Dobar on the
pleadings for Eva and for Maria, constitute a Atty. Repatriar, a law school classmate,
certificate by him that he has read the approached you on your 25th Class
pleadings; that to the best of his knowledge, Reunion, with questions on how he can
information and belief there is good ground to resume the practice of law in the
support them; and that the pleadings were not Philippines. He left the country in 1977
interposed for delay (Rules of Court, Rule 7, after two (2) years of initial law practice,
Sec. 3, 2nd par.). Atty. Doblar could not claim he and migrated to the United States where he
has complied with the foregoing requirement was admitted to the practice of law in the
because he could not take a stand for Eva that State of New York. He asks that you give
is contrary to that taken for Maria. His theory him a formal legal opinion on his query.
for Eva clearly contradicts his theory for
Maria. He has violated his professional Outline briefly the steps and the
responsibility mandated under the Rules of supporting legal reasons you would state in
Court. your legal opinion on what Atty. Repatriar
should do to resume his Philippine
He has likewise violated the ethical practice.
responsibility that his appearance in court
should be deemed equivalent to an assertion A: Atty. Repatriar must prepare a sworn
on his honor that in his opinion his client’s case petition to reacquire the privilege to practice
is one proper for judicial determination. law in the Philippines. He should manifest in
(Canons of Professional Ethics, Canon 30, 2 nd his petition his desire to resume his law
par., last sentence) practice in the Philippines, and he is not
disqualified to practice law. The “right to
In counselling on the contrary resume the practice of law” is not automatic.
positions, Atty. Doblar has likewise counseled RA 9225 provides that a person who intends
or abetted activities aimed at defiance of the to practice his profession in the Philippines
law or at lessening confidence in the legal must apply with the proper authority for a
system (CPR, Canon 1, Rule 1.02) because license or permit to engage in such practice. It
conflicting opinions may result arising from an cannot be overstressed that the practice of law
interpretation of the same law. is a privilege burdened with conditions. It is so
delicately affected with public interest that it
Atty. Doblar could not seek refuge is both the power and duty of the State
under the umbrella that what he has done was (through this Court) to control and regulate it
in protection of his clients. This is so because a in order to protect and promote the public
lawyer’s duty is not to his client but to the welfare.
Sison, PKD.
Adherence to rigid standards of mental d. Identification Certificate (IC)

fitness, maintenance of the highest degree of issued by the Bureau of
morality, faithful observance of the legal Immigration.
profession, compliance with the mandatory
continuing legal education requirement and The loss of Filipino citizenship means
payment of membership fees of the IBP are the termination of Atty. Repatriar’s
conditions required for membership in good membership in the bar; ipso jure the
standing in the bar and for enjoying the privilege to engage in the practice of
privilege to practice law. Any breach by a law. Under RA 9225, natural-born
lawyer of any of these conditions makes him citizens who have lost their Philippine
unworthy of the trust and confidence which citizenship by reason of their
the courts and clients repose in him for the naturalization as citizens of a foreign
continued exercise of his professional country are deemed to have re-
privilege. (In re: Petition to re-acquire the acquired their Philippine citizenship
privilege to practice law in the Philippines, upon taking the oath of allegiance to
Epifanio B. Muneses) the Republic. Thus, a Filipino lawyer
who becomes a citizen of another
He should file the petition with the SC country and later re-acquires his
through the Bar Confidant accompanied by the Philippine citizenship under RA No.
original or certified copies of the following 9225, remains to be a member of the
documents: Philippine Bar.
1. Showing that he is a Filipino citizen. 2. Certification from the IBP indicating

The Court reiterates that Filipino updated payments of annual
citizenship is a requirement for membership dues;
admission to the bar and is, in fact, a 3. Proof of payment of professional tax;
continuing requirement for the and
practice of law (In re: Petition to re- 4. Certificate of compliance issued by the
acquire the privilege to practice law in MCLE Office.
the Philippines, Epifanio B. Muneses). 5. A certificate of good moral character
Having retained Philippine citizenship attested to by at least 3 members of the
could be evidenced by the Philippine bar; and
passport, the US Green card showing 6. A certification from the State Bar of
Philippine citizenship and US New York that Atty. Repatriar does not
residency or other authentic have any previous or pending
documents which the SC may require. disciplinary action filed against him
before that body.
On the other hand, if Atty. Repatriar
has lost his Philippine citizenship, he VI.
must submit the following:
An audit team from the Office of the Court
a. Petition for Re-Acquisition of Administrator found that Judge
Philippine Citizenship; Contaminada committed serious
b. Order (for Re-Acquisition of infractions through the indiscriminate
Philippine citizenship); grant of petitions for annulment of
c. Oath of Allegiance to the Republic marriage and legal separation. In one year,
of the Philippines; the judge granted 300 of such petitions
when the average number of petitions of
similar nature granted by an individual
Sison, PKD.
judge in his region was only 24 petitions favor of the defendant developer. The
per annum. judgment became final after the plaintiffs
failed to appeal on time. Judge Cerdo and
The audit revealed many different defects Atty. Cocodrilo, counsel for the developer,
in the granted petitions: many petitions thereafter separately purchased a
had not been verified; the required copies condominium unit each from the
of some petitions were not furnished to the developer.
Office of the Solicitor General and the Office
of the Provincial Prosecutor; docket fees Did Judge Cerdo and Atty. Cocodrilo
had not been fully paid; the parties were commit any act of impropriety or violate
not actual residents within the territorial any law for which they should be held liable
jurisdiction of the court; and, in some or sanctioned?
cases, there was no record of the cross-
examinations conducted by the public A: Judge Cerdo and Atty. Cocodrilo did not
prosecutor or any documentary evidence commit any act of impropriety or and did they
marked and formally offered. All these, violate any law.
viewed in their totality, supported the
improvident and indiscriminate grant that The prohibition imposed by the Civil
the OCA found. Code, Art. 1491(5), prohibiting judges and
attorneys, and that are contained in the
If you were the counsel for Andy Canons of Professional Ethics, Canon 10, with
Malasuerte and other litigants whose regard to purchase of any interest in the
marriages had been improperly and finally subject matter of the litigation both refer only
annulled, discuss your options in to instances where the property is still the
administratively proceeding against Judge subject of the litigation.
Contaminada, and state where and how you
would exercise these options. The prohibition does not apply to
instances, where the conveyance takes place
A: As counsel for Any Malasuerte, I have the after the judgment because the property can
option to file administrative proceedings by no longer be said to the subject of litigation.
filing a verified complaint in writing against (Director of Lands v. Abab)
Judge Contaminado, with the Office of the
Court of the Court Administrator, supported VIII.
by affidavits of persons who have personal
knowledge of the facts alleged therein or by The criminal case arising from the P10-
documents which may substantiate said Billion Peso pork barrel scandal was
allegations. The complaint shall state clearly raffled to Sandiganbayan Justice Marciano
and concisely the acts and omissions Cobarde. Afraid that he would antagonize
constituting violations of standards of conduct the parties, his political patrons and,
prescribed for judges by law, the Rules of ultimately, his judicial career, he decided
Court, the Code of Judicial Conduct (Rules of to inhibit from participating in the case,
Court, Rule 140, Sec. 1) and the new Code of giving "personal reasons" as his
Conduct for the Philippine Judiciary. justification.
VII. If you were to question the inhibition of SB

Justice Cobarde, on what legal basis, and
In an action to prevent the condominium where and how will you do this?
developer from building beyond ten (10)
floors, Judge Cerdo rendered judgment in
Sison, PKD.
A; The grounds replied upon by Justice lawyer should refrain from any impropriety
Cobarde for his inhibition conveys the which tends to influence or give the
impression that “the parties” and “his political appearance of influencing the court (CPR,
patrons” are in a special position to influence Canon 13). A lawyer shall not extend
him in the performance of judicial duties (New extraordinary attention or hospitality to, nor
Code of Conduct for the Philippine Juridciary, seek opportunity for cultivating familiarity
Canon 5, Sec. 8). Furthermore, the with judges (Canon 13, Rule 13.01). Marked
Sandiganbayan sits in Divisions, so the fears of attention and unusual hospitality on the part
Justice Cobarde are unfounded. Justice of a lawyer to a judge, uncalled for by the
Cobarde should not shirk from the personal relations on the parties, subject both
performance of his judicial duties. the judge and the lawyer to misconstruction of
motive and should be avoided (Canons of
I would file a motion with the Division Professional Ethics, Canon 3, 2 nd par., 1st
of the Sandiganbayan in which Justice Cobarde sentence). Even if the purpose of the meeting
is sitting for the remittal of his voluntary was merely to ask advice on how to expedite
inhibition. I would advance in motion the the resolution of the case, Atty. Hermano still
reasons why the “personal reasons” set forth acted outside of the bounds of ethical conduct.
by the Justice are insubstantial and does not This is so because a lawyer deserves rebuke a
merit his inhibition. I would likewise set the denunciation for any device or attempt to gain
motion for hearing as appropriate. from a judge special personal consideration or
favor (Canon 3, 2nd par., 2nd sentence).
IX.
Both Judge Patron and Judge Apestado
Atty. Hermano requested his fraternity may be held liable for having the dinner
brother, Judge Patron, to introduce him to meeting with Atty. Hermano. Judges shall
Judge Apestado, before whom he has a case ensure that not only is their conduct above
that had been pending for sometime. reproach, but that it is perceived to be so in the
view of a reasonable observer (New Code of
Judge Patron, a close friend of Judge Conduct for the Philippine Judiciary, Canon 2,
Apestado, acceded to the request, telling Sec. 1). Judges shall avoid impropriety and the
the latter that Atty. Hermano is his appearance of impropriety in all of their
fraternity "brod" and that Atty. Hermano activities (Canon 4, Sec. 1). Their having
simply wanted to ask for advice on how to dinner with Atty. Hermano, a practicing
expedite the resolution of his case. They lawyer could be construed as appearance of
met, as arranged, in the fine dining impropriety.
restaurant of a five-star hotel. Atty.
Hermano hosted the dinner. Judge Patron for having allowed
himself to be used as a bridge by Atty.
Did Atty. Hermano, Judge Patron and Judge Hermano, his fraternity brod, to meet with
Apestado commit any Judge Apestado exhibited judicial misconduct
ethical/administrative violation for which in the following manner: Judges shall refrain
they can be held liable? from influencing in any manner the outcome of
litigation or dispute pending before another
A: Yes, the 3 of them committed ethical/ court (Canon 1, Sec. 3). Furthermore, in
administrative violations for which they can allowing Atty. Hernando to take advantage of
be held liable. his fraternity bond, Judge Patron allowed the
use of the prestige of judicial office to advance
For hosting the dinner, Atty. Hermano the private interests of others, conveyed or
acted in contravention of ethical standards. A permitted his fraternity brod to convey the
impression that he is in a special position to
Sison, PKD.
influence the judge (Canon 1, Sec. 4, 2 nd keeping with appropriate ethical and
sentence). professional practice?
The specific violations of Judge A: No, Atty. Novato’s manner of carrying out
Apestado were committed when he allowed his professional practice is not in keeping with
himself to be convinced by Judge Patron to appropriate ethical and professional practice.
have the dinner meeting with Atty. Hermano He has degraded the law profession which
to discuss how the case may be expedited. In may result to loss of respect to lawyers as a
performing judicial duties, judges shall be whole.
independent from judicial colleagues in
respect of decisions which the judge is obliged The use of a makeshift hut standing
to make independently (Canon 1, Sec.). Finally, alone would create the impression that the
in having a dinner meeting with Atty. Hermano lawyer does not have a permanent address
who has a pending case with his sale, Judge which is required to be stated in all pleadings
Apestado has exhibited an appearance of he signs as well as required to be shown in the
impropriety in his activities (Canon 4, Sec. 1). documents he notarizes.
X. His shingle shows that he has

considered the law profession as a business.
As a new lawyer, Attorney Novato started He should have a separate shingle for his
with a practice limited to smal lclaims copier services business.
cases, legal counseling, and notarization of
documents. He put up a solo practice law When he included in his shingle the
office and was assisted by his wife who phrases “Specialist in Small Claims” and
served as his secretary/helper. He used a “Fastest in Notarization,” he has transgressed
makeshift hut in a vacant lot near the local the rule that a lawyer in making known his
courts and a local transport regulatory legal services shall use only dignified
agency. With this strategic location, he information or statement of facts (CPR, Canon
enjoyed heavy patronage assisting walk-in 3). So also the norm that a lawyer shall not use
clients in the preparation and filing of or permit the use of any misleading,
pleadings and in the preparation and undignified, self-laudatory or unfair statement
notarization of contracts and documents. or claim regarding his qualifications or legal
He had the foresight of investing in a good services (CPR, Canon 3, Rule 3.01).
heavy duty copier machine that reproduces
quality documents, and charges a The use of the phrases “Specialist in
reasonable fee for this service. He draws Small Claims” and “Fastest in Notarization,” is
electric power from an extension wire misleading advertisement because they are
connected to an adjoining small restaurant. likely to create an unjustified expectation
He put up a shingle that reads: "Atty. about the results the lawyer can achieve or
Novato, Specialist in Small Claims, Fastest implies that the lawyer can achieve results by
in Notarization; the Best and Cheapest in improper means (ABA Model Rule 7.1.b)
Copier Services."
2014
Is Attorney Novato’s manner of carrying
out his professional practice – i.e., mixing I.
business with the practice of law,
announcing his activities via a shingle and Judge A is a close friend of Governor G. On
locating his office as above-described – in several occasions, Judge A would borrow
vehicles from the Office of the Governor to
Sison, PKD.
travel to his judicial station. Judge A’s (A) members of the Bench
actuation:
(B) members of the Bar
(A) violates the Canon on Propriety
(C) members of the Bench and the Bar
(B) creates an appearance of an improper
IV.
connection with the executive branch
A is accused of robbery in a complaint filed
(C) is downright unethical
by B. A sought free legal assistance from the
II. Public Attorney’s Office (PAO) and Atty. C
was assigned to handle his case. After
R is a retained counsel of ABC Bank-Ermita
reviewing the facts as stated in the
Branch. One day, his Balikbayan compadre
complaint and as narrated by A, Atty. C is
B, consulted him about his unclaimed
convinced that A is guilty.
deposits with the said branch of ABC Bank,
which the bank had refused to give to him (A) May Atty. C refuse to handle the defense
claiming that the account had become of A and ask to be relieved? Explain fully.
dormant. R agreed to file a case against the
A: No. A lawyer shall no decide to represent a
bank with the Regional Trial Court (RTC) of
person solely on account of his own opinion
Manila. B lost the case, but upon the advice
regarding the guilt of the said person (Rule
of R, he no longer appealed the decision. B
14.01 of the CPR). It is not the duty of a lawyer
later discovered that R was the retained
to determine whether the accused is guilty or
counsel of ABC Bank-Ermita Branch. Does B
not, but it is the function of the court after trial.
have any remedy? Discuss the legal and
In fact, in a criminal case, the accused is
ethical implications of the problem.
presumed innocent, and he is entitled to an
A: Atty. R clearly violated the rule against acquittal unless his guilt is proven beyond
representing conflicting interests (Rule 15.03, reasonable doubt. The role of the layer is to see
CPR). B may file an action to set aside the to it that his constitutional right to due process
judgment on the theory that if a lawyer is is observed. The most important
disqualified from appearing as counsel for a consideration is not winning a case, but the
party on account of conflict of interest, he is attainment of justice with is the primary
presumed to have improperly and function of the lawyer and the law.
prejudicially advised and represented the
(B) In problem (A), if the lawyer is counsel
party in the conduct of the litigation from
de parte for the accused and he learns later
beginning to end resulting in violation of the
after accepting the case and while trial is
due process clause. He may also file an action
on- going that his client was indeed the
for damages against Atty. R, aside from an
perpetrator of the crime, may the lawyer
administrative complaint due to his
withdraw his appearance from the case?
misconduct. He may prejudiced by the adverse
Why or why not?
decision against him, which he no longer
appealed upon the advice of Atty. R, he can file A: He may withdraw his appearance but in
an action for damage for the prejudice he accordance with procedure in Sec. 26, Rule
suffered. 138 of the Rules of Court. Moreover, Rule
19.02 of the CPR provides that “a lawyer who
III.
has received information that his client has, in
The Code of Professional Responsibility is the course of the representation, perpetuated
the code of conduct for: a fraud upon a person or tribunal, shall
Sison, PKD.
promptly call upon the client to rectify the (C) violation of his duty to the court
same, and failing which, he shall terminate the
relationship with such client in accordance
with the Rules of Court.” VIII.
V. C and D are law partners using the firm
name C and D – Attorneys-at- Law. In an
The rendition of free legal service is a
administrative case filed against C, the
lawyer’s:
Supreme Court (SC) found that C was not
(A) moral duty entitled to admission to the practice of law
in the Philippines and ordered his name
(B) social obligation
stricken-off from the Roll of Attorneys. As a
(C) legal mandate result, C and D changed their firm name to
Law Office of D – Attorney- at-Law, C –
VI. Counsellor, with C handling purely
Atty. D was required by Judge H of the counselling and office work while D is the
Regional Trial Court (RTC) of Manila to law practitioner. Are C and D liable for
show cause why he should not be punished contempt of court? Explain your answer.
for contempt of court for shouting A; Yes, they are liable. When they adopted the
invectives at the opposing counsel and firm name of “Law Office of D – Attorney-at-
harassing his witness. Assuming that there Law, C – Counsellor,” C and D violated the
was sufficient cause or ground, may Judge following provisions of the CPR:
H suspend Atty. D from the practice of law?
If Judge H finds that the actuations of Atty. Rule 3.02 – “In the choice of a firm
D are grossly unethical and unbecoming of name, no false, misleading or assumed name
a member of the bar, may Judge H disbar shall be used.” In including the name C in the
Atty. D instead? Explain your answer. firm name, even though he is referred to as a
“Counsellor,” the impression is given that he
A: Under Sec. 28, Rule 138 of the Rules of can practice law.
Court, a Regional Trial Court may suspend a
lawyer from the practice of law for any of the Canon No. 9 – “A lawyer shall not,
causes provided on Sec. 27, until further action directly or indirectly, assist in the
of the SC. But it may not disbar him, for only unauthorized practice of law.” The
the SC can disbar a lawyer pursuant to its justification is fond, not in the protection of the
constitutional power to admit persons to the bar from competition, but in the protection of
practice of law. the public from being advised and represented
in legal matters by incompetent and unreliable
VII. persons over whom the judicial department
The court ordered Atty. Z to testify as a can exercise little control. (Ulep v. Legal Clini)
witness for his client in the very case he is For his act, Attorney D may be
handling, but he refused on the ground that suspended for such conduct. C, being a non-
it would violate the rule on privileged lawyer, may be held liable for indirect
communication. Atty. Z is guilty of: contempt of court.
(A) direct contempt IX.
(B) indirect contempt
Sison, PKD.
Judge A accepted a gift consisting of firm fails to do so, it would be considered

assorted canned goods and other grocery negligent in the performance of its duties to
items from his compadre whose friend has the client (B.R. Sebastian Enterprises v. CA).
a pending case with him. He accepted the
The above rule is true if C knew that
gift just so as not to embarrass his
Atty. M was a partner in the law firm. However,
compadre. When his compadre left his
if C engaged the services of Atty. M alone, then,
chambers, he asked his secretary to donate
Atty. P may not file the brief before the Court
the gift he received to the victims of
of Appeals without the consent of C, since
Typhoon Yolanda.
there is no attorney-client relationship.
Did the judge cross the ethical line? Explain
XI.
your answer.
A judge who insults counsel and shouts
A: Yes. Judge A violated the rule that:
invectives at a litigant is guilty of:
“Judges and members of their families
(A) serious misconduct
shall neither ask for, nor accept, any gift,
bequest, loan or favor in relation to anything (B) committing acts unbecoming of a judge
done or to be done or omitted to be done by
him or her in connection with the performance (C) manifest bias and partiality
of judicial duties” (Sec. 13, Canon 4 of the New XII.
Code of Conduct for the Philippine Judiciary).
The rule does not qualify as to the nature of the A inherited a parcel of land situated in
gift and what for. It does not distinguish from Batasan Hills which is occupied by informal
whom it came from. settlers. He wants to eject the occupants,
but he has no financial means to pursue the
X. ejectment case. He contracted the services
Atty. M is a partner in the law firm OMP & of Atty. B, who agreed to defray all the
Associates. C, a former classmate of Atty. M expenses of the suit on the condition that
engaged the legal services of Atty. M to he will be paid one-half (1?2) of the
handle his appeal to the Court of Appeals property to be recovered as his
(CA) from an adverse decision of the compensation.
Regional Trial Court (RTC) in his What is this kind of attorney’s fees? Can
annulment case. After the notice to file Atty. B enforce this contract against A?
brief was issued by the CA, Atty. M met an What are the respective remedies relative
accident which incapacitated him from to the collection of attorney’s fees, if any, of
further engaging in law practice. May Atty. A and Atty. B against each other?
P, his partner in the law firm, file the
required appeal brief for C? Explain your A: It is a champertous fee agreement since
answer. Atty. B agreed to defray all the expenses of the
action and will be paid only if he is successful
A: It depends. As a rule, the engagement of the in recovering A’s property. Such agreement
services of a member of a law firm is an cannot be enforced it because it is contrary to
engagement of the services of the whole law public policy especially where the attorney has
firm. Hence, if the lawyer assigned to handle agreed to carry on the action at his own
the case dies, as in this case, the case should be expense in consideration of some bargain to
re-assigned to another member or associate of have part of the thing in dispute. It violates the
the law firm of the filing of the brief. If the law
Sison, PKD.
fiduciary relationship of the lawyer and client (A) attorney-in-fact

(Bautista v. Gonzales; Cadavedo v. Lacaya).
(B) attorney ad hoc
The remedy of A is to file an action to have the
agreement declared null and void, however, (C) attorney de oficio
Atty. B is still entitled to collect attorney’s fees
based on quantum meruit. He may bring an XV.
action to collect such fees to enforce his rights Will a lawyer violate the Code of
based on the reasonableness and extent of the Professional Responsibility if he forms a
services rendered and professional standing partnership with professionals of other
of the lawyer. (Lacson v. Reyes) disciplines like doctors, engineers,
XIII. architects or accountants? Explain your
answer.
M engaged the services of Atty. D to
prosecute his annulment of marriage case A: If it is for business, he may. He may form a
in the Regional Trial Court (RTC). After a partnership with other professionals as long
long-drawn trial, Atty. D was able to secure as it is not for the practice of law. Canon No. 9
a favourable judgment from the court. of the CPR provides that “a lawyer shall not
Unfortunately, M failed to pay in full the directly or indirectly assist in the
stipulated attorney’s fees of Atty. D. How unauthorized practice of law.” Par. 3 of Canon
can Atty. D collect his fees from M? Discuss 33 of the Code of Professional Ethics, expressly
fully. provides that “partnership between lawyers
and members of other professions or non-
A: He may avail of the retaining lien, which is professional persons should not be formed or
to retain the moneys and properties of M in his permitted where any part of the partnership’s
possession until he is paid for his services, or a employment consists of the practice of law.
charging lien, which is to charge the money Only persons who have been admitted to the
judgment in the case for the payment of his practice of law by the SC may practice of law
fees. by the SC may practice law. It is a privilege
granted to those who are qualified.
Counsel’s claim for attorney’s fees may
be asserted either in the very action in which XVI.
the services in question have been rendered
for or in a separate action. If the first A person who has been refused admission
alternative is chosen, the court may pass upon to the bar by order of the Supreme Court
said claim even if its amount were less than the but nonetheless attempts to practice law is
amount prescribed by law for the jurisdiction guilty of:
of said court, upon the theory that the right to (A) direct contempt
recover attorney’s fees is but an incident of the
case in which the services were rendered. (B) indirect contempt
(Quirante v. IAC; Rosario, Jr. v. de Guzman, et.
(C) criminal contempt
al.)
XVII.
XIV.
Judge Clint Braso is hearing a case between
A person named and appointed by the
Mr. Timothy and Khristopher Company, a
court to defend an absentee defendant in
company where his wife used to work as
the suit in which the appointment is made
one of its Junior Executives for several
is an:
Sison, PKD.
years. Doubting the impartiality of the A: Yes, Judge D acted with impropriety. Under
Judge, Mr. Timothy filed a motion to inhibit the New Code of Judicial Conduct for the
Judge Clint Braso. Judge Clint Braso refused Philippine Judiciary provides “judges shall
on the ground that his wife has long now knowingly, while a proceeding is before
resigned from the company. Decide. or could come before them, make any
comment that might reasonably be expected
A: The fact that Judge Braso’s wife who used to
to affect the outcome of such proceeding or
work for Kristofer Company is not a
impair the manifest fairness of the process.
mandatory ground for his inhibition. However,
Nor shall judges make any comment in public
Sec. 2, Canon 3 of the New Code of Judicial
or otherwise that might affect the fair trial of
Conduct for the Philippine Judiciary provides
any person or issue” (Sec. 4, Canon 3). In a case
that judges should disqualify themselves from
of similar nature, a judge spoke to the
participating in any proceeding in which “it
complainants in two rape cases in his chamber
may appear to a reasonable observer that they
before trial and advised them to settle their
are unable to decide the matter impartially.” A
cases with the accused because their evidence
judge “should exercise his decision in a way
was weak. The SC found the conduct of the
that the people’s faith in the courts of justice is
judge to be violative of duty of impartiality
not impaired” (Pimentel v. Salanga). While it
(Castillo v. Juan). The Judge should avoid any
may not be reasonable to believe that Judge
conduct that casts doubt on his impartiality. It
Braso cannot be impartial because his wife
is not merely a matter of judicial ethics. It is
used to work as a Junior Executive for
impressed with constitutional significance.
Kristofer Company, the better part of
prudence would dictate that he inhibits (B) What remedy or remedies may be
himself from the case involving the said taken by B’s lawyer against Judge D?
company. Discuss fully.
XVIII. A: B’s lawyer could move for the
disqualification or inhibition of the judge. If he
The Integrated Bar of the Philippines (IBP)
refuses to inhibit, B can raise the issue to a
may intervene in a case involving a matter
higher court by certiorari. A judge may not be
of public law or professional concern as:
legally prohibited from sitting in a litigation.
(A) friend of the court But when suggestion is made of the record that
he might be induced to act in favor of one of
(B) amicus par excellence party with bias or prejudice arising out of
(C) amicus curiae circumstances reasonably capable of citing
such a state of mind he should conduct a
XIX. careful self-examination. He should exercise
his discretion in a way that the people’s faith
After the pre-trial of a civil case for
in the courts of justice is not impaired.
replevin, Judge D advised B’s counsel to
settle the case because according to Judge XX.
D, his initial assessment of the case shows
that B’s evidence is weak. B hired Atty. Z to file a replevin case against
C for an agreed acceptance fee of
(A) Did Judge D commit an act of P30,000.00 which was evidenced by a
impropriety? Explain. written contract. After the complaint was
filed by Atty. Z, B terminated his services
and hired a new lawyer for the same
Sison, PKD.
amount of attorney’s fees. How much (A) May a lawyer collect fees for services
attorney’s fees is Atty. Z entitled to? rendered to his client despite the absence
of an agreement to pay attorney’s fees?
A: Atty. Z is entitled to the entire amount of the
attorney’s fees agreed upon because his A: Yes. A lawyer may collect fees for services
services were terminated by the client without rendered to his client in the absence of an
just cause. (Sec. 26, Rule 138, Rules of Court) agreement but based on quantum meruit,
which means as much amount as his services
A stipulation regarding the payment of
are worth. The basic rule is that when one has
attorney’s fees is neither illegal nor immoral
rendered services to another and these
and is enforceable, as the law between the
services were accepted by the latter, in the
parties as long as such stipulation does not
absence of proof that the services were
contravene law, good morals, good customs,
rendered gratuitously, it is but just that the
public order or public policy. (Reparations
recipient should make compensation
Commission v. Visayan Packing Corp;
therefore, pursuant to a well-known and
Camacho v. CA)
accepted principle of law that no one should be
XXI. permitted to enrich himself at the expense to
another. (Dominguez v. CA)
Justice B of the Court of Appeals (CA) was a
former Regional Trial Court (RTC) Judge. A (B) In the absence of a contract for the
case which he heard as a trial judge was payment of attorney’s fees, what factor/s
raffled off to him. The appellant sought his may be considered in fixing the amount of
disqualification from the case but he attorney’s fees?
refused on the ground that he was not the
A: The factors that may be considered are:
judge who decided the case as he was
already promoted to the appellate court a. The time spend and the extend of the
before he could decide the case. Was the services rendered or required;
refusal of Justice B to recuse from the case b. The novelty and difficulty of the
proper? Explain your answer. questions involved;
c. The importance of the subject matter;
A: The refusal of Justice B to recuse from the
d. The skill demanded;
case is improper. In the case of Sandoval v. CA,
e. The probability of losing other
the SC held that the CA Justice concerned was
employment as a result of acceptance
not legally bound to inhibit himself from the
of the proffered case;
case. However, he “should have been more
f. The customary charges for similar
prudent and circumspect and declined to take
services and the schedule of fees of the
on the case, owing to his earlier involvement
IBP Chapter to which he belongs;
in the case, “because a judge should not handle
g. The amount involved in the
a case in which he might be perceived, rightly
controversy and the benefits resulting
or wrongly, to be susceptible to bias and
to the client from the service;
partiality.” This axiom is “intended to preserve
h. The contingency or certainty of
and promote public confidence in the integrity
compensation;
and respect for the judiciary.”
i. The character of the employment,
XXII. whether occasional or established;
and
Sison, PKD.
j. The professional standing of the Explain the governing rule.

lawyer. (Rule 20.1, CPR; Metrobank v.
A: The postponement of the trial is the
CA; Lorenzo v. CA)
lawyer’s decision. Rule 19.03 of the Code of
XXIII. Professional Responsibility provides that “a
lawyer shall not allow his client to dictate the
(A) May a client hire additional counsel as
procedure in handling the case.” Sec. 23, Rule
collaborating counsel over and above the
138 of the Rules of Court provides that lawyers
objection of the original counsel?
have the full authority to bind their clients in
A: Yes, the client is entitled to have as many all matters of ordinary judicial procedure.
lawyers as he can afford. Professional
XXV.
courtesy, however, demands that a lawyer
retained as a collaborating counsel should at Judge A has an illicit relationship with B,
least communicate with the original counsel his Branch Clerk of Court. C, the wife of
before entering his appearance. On the part of Judge A, discovered the illicit affair and
the original counsel, he should not look at the consulted a lawyer to vindicate her
employment of a collaborating counsel as a violated marital rights. If you were that
loss of confidence in him. Instead, they should lawyer, what would you advice C, and if she
cooperate with one another in order to protect agrees and asks you to proceed to take
the interest of their client. action, what is the legal procedure that you
should follow? Discuss fully.
(B) If the client insists, may the original
counsel withdraw from the case, and how? A: I will advise her to file an administrative
case against Judge A with the SC because he
A: If the client insists on retaining a
failed to live up to the standards of morality
collaborating counsel over and above the
imposed upon him as judge.
objection of the original counsel, the latter
may withdraw his services when his inability The Code of Judicial Conduct mandates
to work with co-counsel will not redound to that “A judge should be the embodiment of
the best interest of the client. (Rule 22.01, competence, integrity, and independence.” He
CPR) should so behave at all times, as to promote
public confidence in the integrity and
XXIV.
impartiality of the judiciary and avoid
(A) May an attorney talk to his witnesses impropriety and the appearance of
before and during the trial? Explain. impropriety in all activities. His personal
behavior, not only while in the performance of
A: It depends. He may talk to his witness official duties but also outside the court, must
before the trial, but she shall refrain from be beyond reproach, for he is, as so aptly is
talking to his witness during a break or recess perceived to be, the visible personification of
in the trial, while the witness is still under law and of justice. (Marquez et. al. v. Judge
examination (Rule 12.05, CPR). The reason for Victor Llamas)
the second rule is that he should avoid
influencing the testimony of his witness XXVI.
during the trial.
(A) If an attorney has been granted by his
(B) In case of postponement of the trial, client full authority to enter into an
whose decision should prevail – the client amicable settlement with the other party,
or his attorney? may the client later on refuse to honor the
Sison, PKD.
amicable settlement forged by his Atty. Forma is a member of the Philippine

attorney? Explain. Bar. He went to New York City, took the
New York State Bar, and passed the same.
A: A compromise agreement effected by a
He then practiced in New York City. One of
client or by his attorney with special authority
his American clients filed a case for
from him has upon the parties the effect of res
disbarment against him for pocketing the
judicata. The client cannot refuse to honor the
money which was entrusted to him as
amicable settlement forged by the lawyer
payment for the filing fee and other
except if the lawyer acted beyond the limits of
incidental expenses of his damage suit.
the authority granted him by his client. The
Atty. Forma was later disbarred for
reason for the rule is that such compromise is
dishonesty.
in the form of a contract and pursuant to the
binding effect of contracts parties are bound to Disheartened, Atty. Forma came back to the
comply with the same. (Art. 1159, 1308) Philippines and practiced as a lawyer. Will
his disbarment in New York be used
(B) In such instance as in (A) above, can the
against him for purposes of disbarment
lawyer withdraw from the case and collect
proceedings here in the Philippines?
in full his contracted attorney’s fees? Why
or why not? A: Yes. Atty. Forma may be disbarred in the
Philippines if the ground for his disbarment in
A: The lawyer can withdraw from the case on
New York is also a ground for disbarment in
the ground that the client is pursuing an
this country. But he is still entitled to due
immoral or illegal course of action by not
process of law, and the foreign court’s
honoring a compromise agreement validly
judgment against him only constitutes prima
entered into. He may recover his contracted
facie evidence of unethical conduct as a
attorney’s fees in full, considering that he has
lawyer. He is entitled to be given an
performed all the services required of him as a
opportunity to defend himself in an
lawyer. It is his client’s fault for refusing to
investigation to be conducted in accordance
honor the amicable settlement entered into.
with Rule 139 of the Revised Rules of Court. (In
XXVII. Re: Suspension from the Practice of Law in the
Territory of Guam of Atty. Leon Maquera;
Atty. C was hired by D to file an action Velez v. De Vera)
against E for recovery of possession of real
property. In their contract of service, they XXIX.
stipulated that D cannot compromise the
If a lawyer volunteers his free legal service
case without the consent of Atty. C. After
to a poor client,
trial and unknown to Atty. C, D entered into
a compromise with E. Atty. C withdrew (A) a lawyer-client relationship is
from the case and collected from D: established between them
(A) his attorney’s fees under their contract (B) he is bound to serve his poor client with
the same degree of competence, fidelity,
(B) his attorney’s fees based on quantum
and diligence as his paying client
meruit
(C) he is not justified to neglect the cause of
(C) nothing by way of attorney’s fees
his client for the client’s inability to defray
XXVIII. the costs of court litigation
XXX.
Sison, PKD.
(A) Can a lawyer who lacks the number of delinquent member from the Roll of
units required by the Mandatory Attorneys.”
Continuing Legal Education (MCLE) Board
Hence, a lawyer who is in arrears in the
continue to practice his profession?
payment of his IBP dues may still practice his
A: Yes. He can, but they will not be able to profession until he is suspended and/or
comply with Bar Matter No. 1922 which disbarred.
requires that every pleading filed in court or a
quasi-judicial body shall contain an annotation 2015
of the number and date of their MCLE
compliance, otherwise, their pleadings will be I.
expunged and their cases dismissed. They will
also be listed as delinquent members of the Define the following terms:
Integrated Bar of the Philippines, and the IBP
a. counsel de oficio
Board of Governors can recommend their
suspension or disbarment to the Supreme
A: A lawyer appointed or assigned by the
Court. Until then, they can continue to practice
court, who, by reason of experience and
law but cannot file pleadings in court or quasi- ability, may adequately represent or defend
judicial bodies. the accused who cannot afford to secure the
(B) May a lawyer be held liable for damages service of a lawyer to represent him in a case.
(People v. Daban)
by his client for the lawyer’s failure to file
the necessary pleadings to prosecute the
b. counsel de parte
client’s case and as a result of which the
client suffered damages?
A: A lawyer chosen by a party to represent him
A: Yes, he may be held liable. “A lawyer shall in a case. He is the same as a counsel of record.
not neglect a legal matter entrusted to him,
and his negligence in connection therewith c. amicus curiae
shall render him liable.” But attorney-client
relationship, want of reasonable care and A: Means a friend of the court; a lawyer
appointed by the court, not to represent a
diligence, and injury sustained by the client as
party to the case, but to advise the court on
the proximate result thereof, are the pre-
intricate questions of law in a case that the
requisites to the maintenance of an action for lawyer may have some expertise in.
damages against a lawyer. (Rule 18.03 of the
CPR) d. attorney of record
(C) Can a lawyer still practice his
profession despite having arrears in his A: A lawyer whose name and address appears
in the permanent record or files of a case as
Integrated Bar of the Philippines (IBP)
representing a party or on the pleadings or
dues?
some instrument filed in the case or on the
A: Sec. 10, Rule 139-A of the Rules of Court appearance docket (Reynolds v. Reynolds)
provides that “default in the payment of
annual dues for six months shall warrant II.
suspension of members in the Integrated bar,
and default in such payment for one year shall In open court, accused Marla manifested
that she had already settled in full the civil
be a ground for the removal of the name of
aspect of the criminal case filed against her
Sison, PKD.
in the total amount of P58,000.00. Marla already filed against him and that the amount
further alleged that she paid directly to is excessive.
private complainant Jasmine the amount of
P25,000.00. The balance of P33,000.00 was III.
delivered to Atty. Jeremiah, Jasmine's
lawyer, evidenced by a receipt signed by Maria and Atty. Evangeline met each other
Atty. Jeremiah himself. and became good friends at zumba class.
One day, Maria approached Atty.
However, Jasmine manifested that she did Evangeline for legal advice. It turned out
not receive the amount of P33,000.00 that Maria, a nurse, previously worked in
which Marla turned over to Atty. Jeremiah. the Middle East. So she could more easily
Despite Jasmine's requests to turn over the leave for work abroad, she declared in all
money, Atty. Jeremiah failed to do so. It was her documents that she was still single.
only after Jasmine already filed an However, Maria was already married with
administrative complaint against Atty. two children. Maria again had plans to
Jeremiah that the latter finally paid the apply for work abroad but this time,
P33,000.00 to the former, but in three wished to have all her papers in order. Atty.
installment payments of Pl1,000.00 each. Evangeline, claiming that she was already
Atty. Jeremiah claimed that he decided to overloaded with other cases, referred
hold on to the P33,000.00 at first because Maria's case to another lawyer. Maria
Jasmine had not yet paid his attorney's found it appalling that after Atty.
fees. Evangeline had learned of her secrets, the
latter refused to handle her case.
Is Atty. Jeremiah administratively liable?
Explain. Maria's friendship with Atty. Evangeline
permanently turned sour after Maria filed
A: Yes. Atty. Jeremiah is administratively liable an administrative case against the latter
for violating the rule which provides that “a for failing to return borrowed jewelry. Atty.
lawyer shall account for all money and Evangeline, on the other hand, threatened
property collected or received by him or from to charge Maria with a criminal case for
the client” (Rule 16.01, CPR) falsification of public documents, based on
the disclosures Maria had earlier made to
His claim that he held on to the Php Atty. Evangeline.
33,000 because the client Jasmine had not yet
paid his attorney’s fees, is not quite correct. a. Was the consultation of Maria with Atty.
Evangeline considered privileged?
The rule further says that a lawyer shall
have alien over the funds of the client and may A: Yes. The consultation of Maria with Atty.
apply as much thereof as may be necessary to Evangeline is considered privileged.
satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. Well-settled is the rule that a lawyer
(Rule 16.03, CPR) This can be availed of by a who incidentally was also then a friend, to bare
lawyer only if there is an agreement between what she considered personal secrets and
him and the client as to the amount of his sensitive documents for the purpose of
attorney’s fees. In this case, there is no obtaining legal advice and assistance. The
evidence of such agreement. In fact, Atty. moment complainant approached the then
Jeremiah claimed his exercise of a retaining receptive respondent to seek legal advice, a
lien only after an administrative case was veritable lawyer-client relationship evolved
between the two. Such relationship imposed
Sison, PKD.
upon the lawyer certain restrictions no falsehood, nor consent to the doing of any
circumscribed by the ethics of the profession. in court; I will not wittingly or willingly
Among the burdens of the relationship is that promote or sue any groundless, false or
which enjoins the lawyer, respondent in this unlawful suit, or give aid nor consent to the
instance, to keep inviolate confidential same; I will delay no man for money or malice,
information acquired or revealed during legal and will conduct myself as a lawyer according
consultations. The fact that one is, at the end of to the best of my knowledge and discretion,
the day, not inclined to handle the client’s case with all good fidelity as well to the courts as to
is hardly of consequence. Of little moment too, my clients; and I impose upon myself these
is the fact that no formal professional voluntary obligations without any mental
engagement follows the consultation. Nor will reservation or purpose of evasion. So help me
it make any difference, that no contract God.
whatsoever was executed by the parties to
memorialize the relationship. (Hadjula v. V.
Madianda)
Judge Ana P. Sevillano had an issue with the
b. What are the factors to establish the billings for the post-paid cellular phone
existence of attorney-client privilege? services of her 16-year-old daughter for
the last three consecutive months.
A: The following are factors essential to Although Judge Sevillano had been
establish the attorney-client privilege as repeatedly calling the Customer Service
follows: Hotline of Universal Telecoms, the billings
issue was never fully settled to Judge
1) Where legal advice of any kind is Sevillano's satisfaction. Finally, Judge
sought; Sevillano wrote the National
2) From a professional legal adviser in his Telecommunications Commission a letter
capacity as such; of complaint against Universal Telecoms,
3) The communication relating to that using her official court stationery and
purpose; signing the letter as "Judge Ana P.
4) Made in confidence; Sevillano." Did Judge Sevillano violate any
5) By the client professional or ethical standard for
6) Are at his instance permanently judges? Justify your answer.
protected;
7) From disclosure by himself or by the A: Judge Sevillano violated the rule that judges
legal advisor; shall not use or lend the prestige of the judicial
8) Except the protection be waived. office to advance their private interests, or
those of a member of their family or of anyone
IV. else, nor shall they convey or permit others to
convey the impression that anyone is in a
The Lawyer's Oath is a source of obligation special position improperly to influence them
and its violation is a ground for suspension, in the performance of judicial duties (Sec. 8,
disbarment, or other disciplinary action. Canon 4, of the New Code of Judicial Conduct
State in substance the Lawyer's Oath. for the Philippine Judiciary). He likewise
violated the rule that a lawyer in the
A: I, ___________, do solemnly swear that I will government service shall not use his public
maintain allegiance to the Republic of the position to promote or advance his private
Philippines, I will support the Constitution and interests, nor allow the latter to interfere with
obey the laws as well as the legal orders of the his public duties (Rule 6.02 of the CPR).
duly constituted authorities therein; I will do
Sison, PKD.
VI. that a lawyer shall not directly or indirectly

assist in the unauthorized practice of law. In
Casper Solis graduated with a Bachelor of the Medada case, it was held that “while a
Laws degree from Achieve University in reading of Canon 9 appears to merely prohibit
2000 and took and passed the bar lawyers from assisting in the unauthorized
examinations given that same year. Casper practice of law, the unauthorized practice of
passed the bar examinations and took the law by the lawyer himself is subsumed under
Attorney's Oath together with other this provision, because at the heart of Canon 9
successful bar examinees on March 19, is the lawyer’s duty to prevent the
2001 at the Philippine International unauthorized practice of law.
Convention Center (PICC). He was
scheduled to sign the Roll of Attorneys on c. Will you grant Casper's Petition to
May 24, 2001 but he misplaced the Notice belatedly sign the Roll of Attorneys? Why?
to Sign the Roll of Attorneys sent by the
Office of the Bar Confidant after he went A: I will grant Casper’s petition to belatedly
home to the province for a vacation. Since sign the Roll of Attorneys. He demonstrated
taking his oath in 2001, Casper had been good faith and moral character in voluntarily
employed by several law firms and private filing his petition. He did not wait for a third
corporations, mainly doing corporate and party to file a complaint against him for his
taxation work. When attending a seminar transgression. However, he should be allowed
as part of his Mandatory Continuing Legal to sign the Roll only one year afterwards,
Education in 2003, Casper was unable to which is tantamount to a suspension. (In Re:
provide his roll number. Seven years later Petition to Sign on the Roll of Attorneys,
in 2010, Casper filed a Petition praying that Michael A Medada, Petitioner; Aguirre v. Rana)
he be allowed to sign the Roll of Attorneys.
Casper alleged good faith, initially VII.
believing that he had already signed the
Roll before entering PICC for his oath- Cite some of the characteristics of the legal
taking on March 19, 2001. profession which distinguish it from
business.
a. Can Casper already be considered a
member of the Bar and be allowed to use A: The primary characteristics which
the title of "attorney"? Explain. distinguish the legal profession from a
business are:
A: Casper cannot already be considered a
member of the Bar and be allowed to use the 1. A duly public service of which
title of attorney. It is a well-settled rule that it emolument is a by-product, and in
is the act of signing the Roll of Attorneys that which one may attain the highest
makes a successful Bar examinee a full-fledged eminence without making much
member of the Philippine Bar (In Re: Petition money;
to Sign on the Roll of Attorneys, Michael A 2. A relation as officer of the court to the
Medada, Petitioner; Aguirre v. Rana) administration of justice involving
thorough sincerity, integrity and
b. Did Casper commit any professional or reliability;
ethical transgression for which he could be 3. A relation to client in the highest
held administratively liable? degree of fiduciary;
4. A relation to colleagues characterized
A: Yes. He can be held liable for unauthorized by candor, fairness and unwillingness
practice of law. Canon 9 of the CPR provides to resort to current business methods
Sison, PKD.
of advertising and encroachment on fees is void due to formal defects of execution;

their practice, or dealing directly with (4) the lawyer was not able to finish the case
their clients. for justifiable cause; (5) the lawyer and the
client disregard the contract for attorney’s
VIII. fees; and (6) the client dismissed his counsel
or the latter withdrew therefrom, for valid
Engr. Gilbert referred his friends, spouses reasons.
Richard and Cindy Maylupa, to Atty. Jane
for the institution of an action for partition b. Identify the factors to be considered in
of the estate of Richard's deceased father. determining attorney's fees on a quantum
In a letter, Atty. Jane promised to give Engr. meruit basis.
Gilbert a commission equivalent to 15% of
the attorney's fees she would receive from A: The factors are those set in Rule 20.01 of the
the spouses Maylupa. Atty. Jane, however, CPR, as follows:
failed to pay Engr. Gilbert the promised
commission despite already terminating 1. The time spend and the extent of the
the action for partition and receiving services rendered or required;
attorney's fees amounting to about 2. The novelty and difficulty of the
P600,000.00. Engr. Gilbert repeatedly questions involved;
demanded payment of his commission but 3. The importance of the subject matter;
Atty. Jane ignored him. May Atty. Jane 4. The skill demanded;
professionally or ethically promise a 5. The probability of losing other
commission to Engr. Gilbert? Explain. employment as a result of acceptance
of the proffered case;
A: Atty. Jane may not professionally or 6. The customary charges for similar
ethically promise a commission to Engr. services and the schedule of fees of the
Gilbert. Rule 9.02 of the CPR provides that a IBP chapter to which he belongs;
lawyer shall not divide or stipulate to divide a 7. The amount involved in the
fee for legal services with persons not controversy and the benefits resulting
authorized to practice law. Only those who to the client from the service;
have been admitted to the practice of law in 8. The contingency or certainty of
accordance with the Rules of Court may compensation;
practice law. Getting a share of attorney’s fees 9. The character of the employment,
is equivalent to practice of law. whether occasional or established;
and
IX. 10. The professional standing of the
lawyer. (Lorenzo v. CA)
a. Explain the doctrine of quantum
meruit in determining the amount of X.
attorney's fees.
The spouses Manuel were the registered
A: Quantum meruit means as much as the owners of a parcel of land measuring about
services of a lawyer are worth. Recovery of 200,000 square meters. On May 4, 2008,
attorney’s fees on the basis of quantum meruit the spouses Manuel sold the land for
is authorized when (1) there is no express P3,500,000.00 to the spouses Rivera who
contract for the payment of attorney’s fees; (2) were issued a certificate of title for said
although there is a contract for attorney’s fees, land in their names. Because the spouses
the fees stipulated are found unconscionable Rivera failed to pay the balance of the
by the court; (3) the contract for attorney’s purchase price for the land, the spouses
Sison, PKD.
Manuel, through Atty. Enriquez, instituted Based on the professional and ethical
an action on March 18, 2010 before the standards for lawyers, may Atty. Enriquez
Regional Trial Court (RTC) for sum of claim Yi of the land as his contingency fee?
money and/or annulment of sale, docketed Why?
as Civil Case No. 1111. The complaint in
Civil Case No. 1111 specifically alleged that A: No. Atty. Enriquez cannot claim ½ of the
Atty. Enriquez would be paid P200,000.00 land as his contingency fee. A lawyer cannot
as attorney's fees on a contingency basis. charge his client a contingent fee or a
The RTC subsequently promulgated its percentage of the amount recovered as his fees
decision upholding the sale of the land to in the absence of an express contract to that
the spouses Rivera. Atty. Enriquez timely effect (Corpus v. CA). There is no contingency
filed an appeal on behalf of the spouses since the contract in this case contingency fee
Manuel before the Court of Appeals. The of Php 200,000 only has been agreed upon, not
appellate court found for the spouses over a part of the land subject of litigation.
Manuel, declared the sale of the land to the Parties are bound by their agreement.
spouses Rivera null and void, and ordered
the cancellation of the spouses Rivera's The amount claimed as contingent fee
certificate of title for the land. The Supreme is excessive and unreasonable as the case was
Court dismissed the spouses Rivera's simple and did not require extensive skill,
appeal for lack of merit. With the finality of effort, and research on the part of Atty.
judgment in Civil Case No. 1111 on October Enriquez. In determining the reasonableness
20, 2014, Atty. Enriquez filed a motion for of attorney’s fees, the following may be
the issuance of a writ of execution. considered: (1) importance of the
controversy; (2) extent of services rendered;
Meanwhile, the spouses Rivera filed on (3) professional standing of the law.
November 10, 2014 before the RTC a case (Metrobank v. CA; Lorenzo v. CA)
for quieting of title against the spouses
Manuel, docketed as Civil Case No. 2222. Furthermore, Atty. Enriquez caused
The spouses Manuel, again through Atty. the division of the land and appropriated one
Enriquez, filed a motion to dismiss Civil half thereof, pending resolution of the motion
Case No. 2222 on the ground of res to dismiss in Civil Case No. 2222. This
judicata given the final judgment in Civil constitutes a violation of Art. 1491 of the New
Case No. 1111. Civil Code, because the case in which the
property involved has not yet been
Pending the resolution of the motion to terminated. It is an act contrary to law if a
dismiss in Civil Case No. 2222, the RTC lawyer acquired a property of his client
granted on February 9, 2015 the motion for subject of litigation during the pendency of
issuance of a writ of execution in Civil Case litigation. The rule is designed to prevent the
No. 1111 and placed the spouses Manuel in lawyer from exerting undue influence upon
possession of the land. Atty. Enriquez, the client or take advantage of him. (The
based on a purported oral agreement with Conjugal Partnership of the Spouse Cadavedo
the spouses Manuel, laid claim to Y2 of the v. Victorino T. Lacaya)
land, measuring 100,000.00 square meters
with market value of Pl,750,000.00, as his XI.
attorney's fees. Atty. Enriquez caused the
subdivision of the land in two equal Atty. Belinda appeared as counsel for
portions and entered into the half he accused Popoy in a case being heard before
appropriated for himself. Judge Tadhana. After Popoy was arraigned,
Atty. Belinda moved for a resetting of the
Sison, PKD.
pre-trial conference. This visibly irked and in his language especially to those
Judge Tadhana and so before Atty. Belinda appearing before him. He can hold counsels to
could finish her statement, Judge Tadhana a proper appreciation of their duties to the
cut her off by saying that if she was not court, their clients and the public in general
prepared to handle the case, then he could without being petty, arbitrary, overbearing or
easily assign a counsel de oficio for Popoy. tyrannical. He should refrain from conduct
Judge Tadhana also uttered that Atty. that demeans his office, and remember that
Belinda was wasting the precious time of courtesy begets courtesy. Above all, he must
the court. Atty. Belinda tried to explain that conduct himself in such a manner that he gives
she was capable of handling the case but no reason for reproach. (Ruiz v. Bringas)
before she could finish her explanation,
Judge Tadhana again cut her off and XII.
accused her of always making excuses for
her incompetence. Judge Tadhana even a. What is the best form of advertising
declared that he did not care if Atty. possible for a lawyer?
Belinda filed a thousand administrative
cases against him. A: The best form of advertising for a lawyer is
a well-merited reputation for professional
According to Atty. Belinda, Judge Tadhana capacity and fidelity to trust, which must be
had also humiliated her like that in the past earned as an outcome of character and
for the flimsiest of reasons. Even Atty. conduct. (Ulep v. Legal Clinic, Inc.; Linsangan v.
Belinda's clients were not spared from Atty. Nicomedes)
Judge Tadhana's wrath as he often scolded
witnesses who failed to respond b. What are the allowable or permissible
immediately to questions asked of them on forms of advertising by a lawyer?
the witness stand.
A: 1. Publication in reputable law lists of brief
Atty. Belinda filed an administrative case biographical and honest informative date;
against Judge Tadhana. Do the acts of Judge
Tadhana as described above constitute a 2. Use of an ordinary professional business
violation of the Code of Judicial Conduct? card;
Explain.
3. Announcements of specialization and
A: Yes. Judge Tadhana violated the Rule that availability of service in a legal journal for
judges shall maintain order and decorum in all lawyers;
proceedings before the court, and be patient,
dignified, and courteous in relation to litigants, 4. Seeking of appointment to a public office
witnesses, lawyers and others with whom the requiring lawyers;
judge deals in an official capacity. Judges shall
require similar conduct of legal
5. Advertising to seek full-time position as
representatives, court staff and others subject
counsel for a corporation;
to their influence, direction or control (Sec. 6,
Canon 6 of the New Code of Judicial Conduct
for the Philippine Judiciary). 6. Offering free legal service to indigents
through radio broadcasts or printed matter;
It is a well-settled rule that “the duty to
maintain respect for the dignity of the court 7. Announcement of opening of a law firm,
applies to members of the bench and bar alike. charges of personnel, firm name or office
A judge should courteous in both his conduct address;
Sison, PKD.
8. Listings in a telephone directory. the exercise of his sound discretion, disqualify

himself from sitting in a case, for just and valid
XII. reasons other than those mentioned above.”
The New Code of Professional Conduct for the
In a land registration case before Judge Philippine Judiciary adds that “judges shall
Lucio, the petitioner is represented by the disqualify themselves from participating in
second cousin of Judge Lucio's wife. any proceedings in which they are unable to
decide the matter impartially or in which it
a. Differentiate between compulsory and may appear to a reasonable observer that they
voluntary disqualification and determine if are unable to decide the matter impartially.”
Judge Lucio should disqualify himself
under either circumstance. There is no mandatory ground for
Judge Lucio to disqualify himself. The second
A: In a compulsory disqualification, the judge cousin of his wife, a sixth degree relative, is
is compelled to inhibit himself from presiding appearing not as a party but as a counsel.
over a case when any of the ground provided
by the law or the rules exist (Sec. 1, Rule 137 b. If none of the parties move for his
of the Revised Rules of Court). No judge or disqualification, may Judge Lucio proceed
judicial officer shall sit in any case (1) in which with the case?
he, or his wife or child, is pecuniary interested
as heir, legatee, creditor or otherwise, or (2) in A: If none of the parties moves for his
which he is related to either party within the disqualification, Judge Lucio may proceed with
sixth degree of consanguinity or affinity or to the case. All the more so if, without the
counsel within the fourth degree computed participation of the judge, the parties and their
according to the rules of the civil law, or (3) in lawyers execute a written agreement that
which he has been executor, administrator, Judge Lucio may proceed with the same, and
trustee or counsel, or (4) in which he has such agreement is signed by them and made a
presided in any inferior court when his ruling part of the records of the case.
or decision is the subject of review, without
the written consent of all parties in interest XIV.
and entered upon the record (Sec. 1, Rule 137
of the Revised Rules of Court). Identify and briefly explain three of the
canons under the New Code of Judicial
Sec. 5, Canon 3 of the New Code of Conduct for the Philippine Judiciary.
Judicial Conduct for the Philippine Judiciary
adds the following grounds: A: The following are examples of canons under
the New Code of Judicial Conduct for the
a. the judge has actual bias or prejudice Philippines.
concerning a party or personal
knowledge of disputed evidentiary Canon No. 1 – Independence. Judicial
facts concerning the proceedings; independence is a pre-requisite to the rule of
b. the judge has previously served as a law and a fundamental guarantee of a fair trial.
lawyer or was a material witness in the A judge shall therefore uphold and exemplify
matter under controversy. judicial independence in both its individual
and institutional aspects. He should not
In voluntary disqualification, a judge succumb to pressure from any source. To do so
may inhibit himself in the exercise of his is equivalent to a case of betrayal of the public
discretion. Par. 2, Rule 137 of the Revised trust reposed on a judge as an arbiter of the
Rules of Court provides that “a judge may, in law and a revelation of his or her weak moral
Sison, PKD.
character. A judge is expected to be fearless in In 2010, Jon engaged Atty. Teresa's services
his/her pursuit to render justice to be unafraid for a personal case. Atty. Teresa
to displace any person, interest, or power and represented Jon in a BP Big. 22 case filed
to be equipped with a moral fiber strong against him by the spouses Yuki. Jon paid a
enough in his/her office. (Ramirez v. Corpuz- separate legal fee for Atty. Teresa's
Macandog) services.
Canon No. 2 – Integrity. Integrity is essential Jon subsequently resigned as CEO of PBB in
not only to the proper discharge of the judicial 2011. In 2012, Atty. Teresa filed on behalf
office but also to the personal demeanor of of PBB a complaint for replevin and
judges. The behavior and conduct of judges damages against Jon to recover the car PBB
must reaffirm the people's faith in the integrity had assigned to him as a service vehicle.
of the judiciary. Justice must not merely be Atty. Teresa, however, had not yet
done but must also be seen to be done. In the withdrawn as Jon's counsel of record in the
judiciary, moral integrity is more than a BP Big. 22 case, which was still then
cardinal value, it is a necessity. Judges must pending.
bear in mind that the exacting standards of
conduct demanded of the office are designed Jon filed an administrative case for
to promote public confidence in the integrity disbarment against Atty. Teresa for
and impartiality of the judiciary. (Fernandez v. representing conflicting interests and
Hamoy; Imelda R. Marcos v. Judge Fernando violating the Code of Professional
Pamintuan) Responsibility. Atty. Teresa countered that
since the BP Blg. 22 case and the replevin
Canon No. 3 – Impartiality. Impartiality is case are unrelated and involved different
essential to the proper discharge of the judicial issues, parties, and subject matters, there
office. It applies not only to the decision itself was no conflict of interest and she acted
but also to the process by which the decision within the bounds of legal ethics.
to made. Judges shall perform their judicial
duties without favor, bias or prejudice. Is Atty. Teresa's contention tenable?
Explain.
Impartiality is the capacity of a judge
to apply the law and render justice fairly, A: The following are tests for determining
without favor, bias of prejudice. A judge has conflict of interest:
both the duty of rendering a just decision and
a duty of doing it in a manner completely free 1. Whether a lawyer is duty bound to
from suspicion as to his fairness and integrity. fight for an issue or claim in behalf of
The appearance of prejudice or bias can be one client, and at the same time, to
damaging to public confidence and the oppose that claim for another client.
administration of justice. (Montemayor v. 2. Whether the acceptance of a new
Bermejo, Jr.) relation would prevent the full
discharge of his duty of undivided
XV. loyalty to his client.
3. Whether the acceptance of a new
Jon served as Chief Executive Officer (CEO) relation would invite suspicion of
of PBB Cars, Inc. (PBB), a family-owned unfaithfulness or double-dealing in the
corporation engaged in the buying and performance of his duty of fidelity and
selling of second hand cars. Atty. Teresa loyalty.
renders legal services to PBB on a retainer 4. Whether in the acceptance of the new
basis. relation, he would be called upon to
Sison, PKD.
injure his former client on a matter and blatantly cursing the individual Justices
that he has handled for him, or require and the SC in her tweets. Lawyers are expected
him to reveal information that his to carry their ethical responsibilities with
former client has given to him. (Buted them in cyberspace. (Lorenzana v. Judge Ma.
v. Hernando; Pacana, Jr. v. Atty. Maricel Cecilia L. Austria)
Pascual-Lopez)
b. Describe the relationship between a
Although the 2 cases for replevin and lawyer and the courts.
BP Blg. 22 case she was handling for him are
different, the pendency of the two cases at the A: A lawyer is an officer of the court. As such,
same time is likely to invite suspicion of he is as much a part of the machinery of justice
unfaithfulness or double-dealing in the as a judge is. The judge depends on the lawyer
performance of her duty and fidelity to Jon, for the proper performance of his judicial
violative of the rules of conflict of interest, duties. Thus, Canon 10 enjoins a lawyer to be
hence Teresa’s contention is not tenable. candid with the courts; Canon 11 requires him
to show respect to judicial officers; and Canon
XVI. 12 urges him to exert every effort and consider
it his duty to assist in the speedy and efficient
Atty. Luna Tek maintains an account in the administration of justice.
social media network called Twitter and
has 1,000 followers there, including fellow XVII.
lawyers and some clients. Her Twitter
account is public so even her non-followers Give three instances when a lawyer is
could see and read her posts, which are allowed to withdraw his/her services.
called tweets. She oftentimes takes to
Twitter to vent about her daily sources of A: The following are grounds for a lawyer to
stress like traffic or to comment about withdraw his services:
current events. She also tweets her
disagreement and disgust with the a. When the client pursues an illegal or
decisions of the Supreme Court by insulting immoral course of conduct in
and blatantly cursing the individual connection with the matter he is
Justices and the Court as an institution. handling;
b. When the client insists that the lawyer
a. Does Atty. Luna Tek act in a manner pursue conduct violative of these
consistent with the Code of Professional canons and rules;
Responsibility? Explain the reasons for c. When his inability to work with co-
your answer. counsel will not promote the best
interest of the client.
A: Atty. Luna Tek did not act in a manner
consistent with the CPR. Canon 11 of the Code XVII.
provides that a lawyer shall observe and
maintain the respect due to the courts and to Atty. Javier sold a piece of land in favor of
judicial officers and should insist on similar Gregorio for P2,000,000.00. Atty. Javier
conduct with others. As an officer of the court, drafted the Deed of Sale with Right to
a lawyer should set the example in Repurchase which he and Gregorio signed
maintaining a respectful attitude towards the on August 12, 2002. Under said Deed, Atty.
court. Moreover, he should abstain from Javier represented that he had "the perfect
offensive language in criticizing the courts. right to dispose as owner in fee simple" the
Atty. Luna Tek violated this rule in insulting land and that the land is "free from all liens
Sison, PKD.
and encumbrances." The Deed also stated complaint against Atty. Javier, what will be
that Atty. Javier had two years within which your recommendation and finding?
to repurchase the property. Atty. Javier
turned over the owner's copy of his A: I would recommend that Atty. Javier be
certificate of title, TCT No. 12121, to sanctioned. He committed an act of gross
Gregorio. Gregorio then immediately took dishonesty and deceit against the complaint.
possession of the land. (Canon 1, Rule 1.01, CPR)
Atty. Javier failed to exercise his right to In a case of a similar nature, the SC
repurchase within two years. Gregorio sent ruled that the action clearly falls within the
Atty. Javier a letter dated April 8, 2005 concept of unlawful, dishonest and deceitful
demanding that the latter already conduct that violated Article 19 of the Civil
repurchase the property. Despite receipt of Code when they showed a disregard of the
Gregorio's letter, Atty. Javier still failed to Land Registration Act. They also reflect bad
repurchase the property. Gregorio faith, dishonesty, and deceit on respondent’s
remained in peaceful possession of the part. Thus, respondent deserves to be
land until July 25, 2013, when he received sanctioned. (Saladaga v. Atty. Arturo Astorga)
notice from Trustworthy Bank informing
him that the land was mortgaged to said b. In the same administrative case, may
bank, that the bank already foreclosed on Atty. Javier be ordered to return the
the land, and that Gregorio should P2,000,000.00 purchase price to Gregorio?
therefore vacate the land. Upon Explain.
investigation, Gregorio discovered that
Atty. Javier's TCT No. 12121 had already A: No, Atty. Javier may not be ordered to return
been cancelled when another bank the Php 2,000,000 to Gregorio in the
foreclosed on a previous mortgage on the administrative case since it is a civil liability
land, but after a series of transactions, Atty. which is best determined in a civil action for
Javier was able to reacquire the land and collection of sum of money. The sole issue in
secure TCT No. 34343 for the same. With an administrative proceeding is whether or
TCT No. 34343, Atty. Javier constituted not the respondent deserves to remain a
another mortgage on the land in favor of member of the Bar. The award of Php
Trustworthy Bank on February 22, 2002. 8,000,000 cannot even be an incident in the
Gregorio was subsequently dispossessed of administrative case. (Concepcion and Blesilda
the property. S. Concepcion v. Atty. Elmer A. Dela Rosa)
Gregorio filed an administrative complaint XIX.

against Atty. Javier. In his defense, Atty.
Javier argued that he could not be held a. What are the grounds for disbarment or
administratively liable as there was no suspension from office of an attorney?
attorney-client relationship between him
and Gregorio. Moreover, the transaction
A: The grounds for suspension or disbarment
was not actually one of sale with right to of a lawyer are any deceit, malpractice or other
repurchase, but one of equitable mortgage, gross misconduct in such office, grossly
wherein he still had the legal right to
immoral conduct, or by reason of conviction of
mortgage the land to other persons. a crime involving moral turpitude, or for any
violation of the oath which he is required to
a. If you are tasked to investigate and take before admission to practice, or for a
report on Gregorio's administrative willful disobedience appearing as an attorney
for a party or to a cause without authority to
Sison, PKD.
do so. The practice of soliciting cases for the A: Municipal Trial Court judges are notaries
purposes of gain, either personally or through public ex oficio; however, they may notarize
paid agents or brokers constitutes only such document as are related to their
malpractice. (Sec. 27, Rule 138) functions. The exception to this is that, in
remote municipalities where there is no
b. If Atty. Babala is also admitted as an notary public available, an MRTC judge may
attorney in a foreign jurisdiction, what is notarize a private document provided that he
the effect of his disbarment or suspension shall state in his certification the absence of a
by a competent court or other disciplinary notary public in the municipality, and that the
authority in said foreign jurisdiction to his notarial fees should ne paid to the Municipal
membership in the Philippine Bar? Treasurer.
A: He may also be disbarred or suspended in Even if this case can fall under the
the Philippines, if the ground for his exception, Judge Koto should not have
suspension or disbarment in a foreign notarized the Extra-Judicial Partition with
jurisdiction is also a ground for suspension or Simultaneous Deed of Sale because not all the
disbarment in the Philippines. He is, however, parties concerned signed and appeared before
still entitled to notice and hearing, and the him. A notary public should not notarize a
decision of the foreign tribunal will only be document unless the persons who signed the
prima facie evidence of his guilt but he is same are the very same persons who executed
entitled to due process. (In Re: Suspension and personally appeared before him to attest
from the Practice of Law in the Territory of to the contents and the trust of what is stated
Guam of Atty. Leon Maquera; Velez v. De Vera) therein. Mere acts of the affiants cannot be
delegated because what are stated therein are
XX. facts, they have personal knowledge of and are
not personally sworn to. Otherwise, their
Cecilio is one of the 12 heirs of his father representatives’ names shall appear on the
Vicente, who owned an agricultural land said documents as the ones who executed the
located in Bohol. Cecilio filed a complaint same (Salita v. Atty. Reynaldo Salve). In the
charging Judge Love Koto with abuse of particular case of Cecilio, his brother Jose
discretion and authority for preparing and signed for him purportedly on the basis of
notarizing a document entitled "Extra- Special Power of Attorney. Judge Koto should
Judicial Partition with Simultaneous Deed have asked for the production of the Special
of Sale" executed by Cecilio's mother Power Attorney and determined whether or
Divina and brother Jose. Jose signed the not Cecilio indeed authorized Jose to sign the
Deed on his own behalf and purportedly deed of partition and sale on his behalf.
also on behalf of his brothers and sisters,
including Cecilio. Cecilio though alleged XXI.
that in his Special Power of Attorney, he
merely granted Jose the authority to Judge Junior attended the 50th birthday
mortgage said agricultural land but not to party of his fraternity brother, Atty. Vera.
partition, much less to sell the same. Judge Also present at the party was Atty. Rico who
Koto contended that in a municipality was Atty. Vera's classmate way back in high
where a notary public is unavailable, a school and who was handling Civil Case No.
municipal judge is allowed to notarize 5555 currently pending before Judge
documents or deeds as ex officio notary Junior's court. Well-aware that Atty. Rico
public. He claimed that he acted in good had a case before his sala, Judge Junior still
faith and only wanted to help. Did Judge sat next to Atty. Rico at a table, and the two
Koto violate any rules? Discuss. conversed with each other, and ate and
Sison, PKD.
drank together throughout the night. Since earn 36 units of legal education every three
Atty. Vera was a well-known personality, years. Its purpose tis to ensure that members
his birthday party was featured in a of the bar keep abreast with law and
magazine. The opposing party to Atty. jurisprudence, maintain the ethics of the
Rico's client in Civil Case No. 5555, while profession, and enhance the standard of the
flipping through the pages of the magazine, practice of law.
came upon the pictures of Judge Junior and
Atty. Rico together at the party and used b. Name three parties exempted from the
said pictures as bases for instituting an MCLE.
administrative case against Judge Junior.
Judge Junior, in his answer, reasoned that A: The following are exempted from the MCLE:
he attended Atty. Vera's party in his private
capacity, that he had no control over who 1. President, Vice President of the
Atty. Vera invited to the party, and that he Philippines;
and Atty. Rico never discussed Civil Case 2. Secretaries as well as
No. 5555 during the party. Did Judge Junior Undersecretaries of the Executive
commit an administrative infraction? Departments;
Explain. 3. Senators including Members of the
House of Representatives;
A: The New Code of Conduct for the Philippine 4. Chief Justices also Associate Justices of
Judiciary provides that “judges shall, in the the Supreme Court;
personal relations with individual members of 5. Incumbent including Retired Members
the legal profession who practice regularly in of the Judiciary;
their court, avoid situations which might 6. Incumbent Members of the Judicial
reasonably give rise to the suspicion of and Bar Council (JBC);
favoritism or partiality” (Sec. 3, Canon 4). The 7. Incumbent Court Lawyers covered by
act of Judge Junior in sitting next to Atty. Rico, the Philippine Judicial Academy
a lawyer whom he knows had a case before his (PHILJA) Program of the Continuing
sala, and dining and conversing with him Judicial Education ;
throughout the night, violates the foregoing 8. Chief State Counsel, Chief State
rule. It tends to give rise to suspicion of Prosecutor also Assistant Secretaries
partiality. It is improper conduct for which he of the Department of Justice (DOJ);
may be reprimanded. A judge should be like 9. Solicitor General also Assistant
Caesar’s wife that he must not only be pure, Solicitors General;
but he must appear to be so. A judge must see 10. Government Corporate Counsel,
to it that in his dealings with the public, there Deputy including Assistant
must be no indicia of suspicion. (Palang v. Government Corporate Counsel;
Zosa; Martinez v. Gironella) 11. Chairmen plus Members of the
Constitutional Commissions;
XXII. 12. Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsman;
a. Describe briefly the Mandatory 13. Heads of Government Agencies
Continuing Legal Education (MCLE) for a Exercising Quasi-Judicial Functions;
member of the Integrated Bar of the 14. Incumbent Deans, Bar Reviewers, and
Philippines and the purpose of the same. Professors of Law who have teaching
experience for at least ten (10) years in
A: Mandatory Continuing Legal Education is a accredited law schools;
rule promulgated by the Supreme Court 15. The Chancellor, Vice-Chancellor, as
requiring all lawyers, with a few exceptions, to well as members of the Corps of
Sison, PKD.
Professors. Also Professional the case, which arguments happened to be

Lecturers of the Philippine Judicial favorable to his position, and not the ruling
Academy (PHILJA); or reasoning of the Court, but this
16. Governors as well as Mayors; distinction was not apparent in his brief.
17. Members of the bar who are not in law Appalled, she filed a complaint against him.
practice, private or public; and
18. Members who have retired from the a. Did Atty. Billy fail in his duty as a lawyer?
practice with the approval of the IBP What rules did he violate, if any?
Board of Governors.
A: Yes, Atty. Billy has violated the following
XXIII. rules of the CPR:
Atty. Billy, a young associate in a medium- A lawyer shall not do any falsehood,
sized law firm, was in a rush to meet the nor consent to the doing of any in court; nor
deadline for filing his appellant's brief. He shall he mislead or allow the Court to be
used the internet for legal research by misled by any artifice (Rule 10.01).
typing keywords on his favorite search
engine, which led him to many websites A lawyer shall not knowingly misquote
containing text of Philippine or misrepresent the contents of a paper, the
jurisprudence. None of these sites was language or the argument of opposing counsel,
owned or maintained by the Supreme or the text of a decision or authority, or
Court. He found a case he believed to be knowingly cite a law a provision already
directly applicable to his client's cause, so rendered inoperative by repeal or
he copied the text of the decision from the amendment, or assert as a fact that which has
blog of another law firm, and pasted the not been proved (Rule 10.02).
text to the document he was working on.
The formatting of the text he had copied b. How should lawyers quote a Supreme
was lost when he pasted it to the document, Court decision?
and he could not distinguish anymore
which portions were the actual findings or A: They should be verbatim reproductions of
rulings of the Supreme Court, and which the SC’s decision, down to the last word and
were quoted portions from the other punctuation mark (Insular Life Assurance CO.,
sources that were used in the body of the Ltd., Employees Association v. Insular Life
decision. Since his deadline was fast Assurance Co.). A lawyer may be punished in
approaching, he decided to just make it contempt by deliberately changing the
appear as if every word he quoted was part provisions of a law in order to mislead the
of the ruling of the Court, thinking that it court (Daiparine, Jr. v. CA; COMELEC v. Hon.
would not be discovered. Noynay, et. al.).
Atty. Billy's opponent, Atty. Ally, a very XXIV.

conscientious former editor of her school's
law journal, noticed many discrepancies in An anonymous letter addressed to the
Atty. Billy's supposed quotations from the Supreme Court was sent by one Malcolm
Supreme Court decision when she read the X, a concerned citizen, complaining against
text of the case from her copy of the Judge Hambog, Presiding Judge of the RTC
PhUippine Reports. Atty. Billy failed to of Mahangin City, Branch 7. Malcolm
reproduce the punctuation marks and font X reported that Judge Hambog is acting
sizes used by the Court. Worse, he quoted arrogantly in court; using abusive and
the arguments of one party as presented in inappropriate language; and embarrassing
Sison, PKD.
and insulting parties, witnesses, and even 2016

lawyers appearing before him. Attached to
the letter were pages from transcripts of I.
records in several cases heard before Judge
Hambog, with Judge Hambog's arrogant, State the duties of a lawyer imposed by the
abusive, inappropriate, embarrassing Lawyer’s Oath.
and/or insulting remarks or comments
highlighted. A: The following are the duties of a lawyer
imposed by the lawyer’s oath:
a. Will the Court take cognizance of the
letter-complaint even coming from an 1. To maintain allegiance to the Republic of the
anonymous source? Explain. Philippines;
A: Yes. The Revised Rules of Court provides 2. To support the Constitution;

that proceedings for the discipline of judges of
regular and special courts, and Justices of the
3. To obey the laws as well as the legal orders
Court of Appeals and the Sandiganbayan, may of the duly constituted authorities;
be instituted “upon an anonymous complaint,
supported by public records of indubitable
4. To do no falsehood, nor consent to the doing
integrity” (Sec. 1, Rule 140).
of any in court;
b. Describe briefly the procedure followed
5. Not to wittingly or willingly promote or sue
when giving due course to a complaint
any groundless, false or unlawful suit, or give
against an RTC judge.
aid nor consent to the doing of the same;
A: Under the Rules, if the complaint is
6. To delay no man for money or malice;
sufficient in form and substances, a copy
thereof shall be sent to the respondent, and he
shall be required to comment within 10 days 7. To conduct myself as a lawyer according to
from date of service. Upon the filing of the the best of my knowledge and discretion, with
respondent’s comment, the SC shall refer the all good fidelity as well to the courts as to my
matter to the Office of the Court Administrator clients;
for evaluation, report and recommendation, or
assign the case to a Justice of the CA, for 8. To impose upon himself these voluntary
investigation, report and recommendation. obligations without any mental reservation or
The investigating Justice shall set a date for the purpose of evasion.
hearing and notify the parties thereof, and
they may present evidence, oral or II.
documentary, at such hearing. The
investigating Justice shall terminate the State at least five (5) instances where
investigation within 90 days from its judges should disqualify themselves from
commencement, and submit his report and participating in any proceedings where
recommendation to the SC within 30 days their impartiality might reasonably be
from the termination of the investigation. The questioned.
SC shall take action on the report as the facts
and the law may warrant. (Rule 140) A: The following are the five instances
provided in Sec. 5, Canon 3 of the New Code of
Conduct for the Philippine Judiciary: (note:
includes all instances for reference)
Sison, PKD.
a. The judge has actual bias or prejudice ensure payment of his fees and disbursements
concerning a party or personal knowledge of in the said case.
disputed evidentiary facts concerning the
proceedings; A retaining lien is a passive lien; the
lawyer is not required to perform any act
b. The judge previously served as a lawyer or except to hold on to the client’s funds,
was a material witness in the matter in documents and papers until his fees and
controversy; disbursements are paid. A charging lien is an
active lien; the lawyer is required to file a
c. The judge, or a member of his or her family, motion in court, with copy served on the
has an economic interest in the outcome of the adverse party, to have a statement of his claim
matter in controversy; to such fees and disbursements charged or
attached to the decision in such case and
d. The judge served as executor, administrator, executions thereof.
guardian, trustee or lawyer in the case or
matter in controversy, or a former associate of A retaining lien is a general lien; it may
the judge served as counsel during their be resorted to in order to secure payment of
association, or the judge or lawyer was a the lawyer’s fees in all the cases he has handled
material witness therein; and services he has rendered to the client. A
charging client is a special lien; it can be
e. The judge's ruling in a lower court is the utilized for the purpose of collecting only the
subject of review; unpaid fees and disbursements of the lawyer
in the case where the judgment for a sum of
f. The judge is related by consanguinity or money may be secured.
affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil IV.
degree; or
[a] A sign was posted at the building where
g. The judge knows that his or her spouse or the law office of Atty. Redentor Walang-
child has a financial interest, as heir, legatee, Talo is located. The sign reads:
creditor, fiduciary, or otherwise, in the subject
matter in controversy or in a party to the Atty. Redentor A. Walang-Talo
proceeding, or any other interest that could be Chairman, IBP Legal Aid Committee
substantially affected by the outcome of the Makati City IBP Chapter
proceedings. Free conciliation, mediation and court
representation
III. Suite 210, Galaxy Building, J. P. Rizal Street,
Makati City
Differentiate “retaining lien” from
“charging lien.” Does the posting constitute solicitation?
A: A retaining lien gives the lawyer the right to A: No. There is nothing wrong with this
retain the funds, documents and papers of the advertisement as it does not constitute
client which have lawfully come into his solicitation. The statement that he is the
possession, until his lawful fees and chairman of the IBP Legal Aid Committee is
disbursements have been paid. A charging lien factual and true. Canon 27 of the Canons of
is a lien upon all judgments for payment of a Professional Ethics states that “memberships
sum of money and executions thereof, to and offices in bar associations and committees
thereof” may be included in a lawyer’s
Sison, PKD.
advertisement. The statement that he gives A: Yes. “Judges shall not participate in the
free consultation, mediation and court determination of a case in which any member
representation services is for the purpose of of their family represents a litigant or is
promoting the IBP Legal Aid Committee. associated in any manner with the case” (Sec.
4, Canon 4 of the new Code of Judicial Conduct
[b] Suppose the sign reads: for the Philippine Judiciary). Judge
Constantino’s appearance as a witness in the
Atty. Redentor A. Walang-Talo criminal case in which his wife was the
Attorney and Counselor-at-Law offended party is violative of this rule. It may
General Practitioner also be violative of Sec. 3, Canon 1, which
(Accepts pro bono cases pursuant to the provides that “judges shall refrain from
IBP Legal Aid Program) influencing in any manner the outcome of
litigation or dispute pending before another
Does the posting constitute solicitation? court or administrative agency.
A: This does not constitute solicitation. The The cardinal rule is that a judge should
lawyer does not claim to be a specialist, but avoid impropriety in all activities. A judge
only a “general practitioner.” The statement should refrain from influencing in any manner
that he accepts pro bono cases is not for the the outcome of litigation pending in another
purpose of promoting his business as pro bono court (Canon 2, Rule 2.4). Interference by
means “for free.” Practice of law is a social members of the Bench in pending suits with
obligation of a lawyer, the attainment of justice the end in view of influencing the course as the
of which is its principal objective. result of litigation does not only subvert the
independence of the judiciary but also
Solicitation is proper if it is compatible undermines the people’s faith in its integrity
with the dignity of the legal profession. If made and impartiality. (Impao v. Makilala)
in a modest and decorous manner, it would
bring no injury to the lawyer and to the bar. VI.
The use of simple signs stating the name and
names of the lawyers, the office and residence Andrew engaged the services of Atty. Juju
address and fields of practice, as well as under a contingent fee agreement to help
establishment in legal periodicals bearing the him file a complaint for damages against
same brief data are permissible. The use of his employer, Wilkon Shipping, Inc. Atty.
cards is now acceptable. (Atty. Khan, Jr. v. Juju handled Andrew’s case for two (2)
Simbillo; Linsangan v. Atty. Nicomedez years before the Labor Arbiter and the
Tolentino) National Labor Relations Commission
(NLRC), filing the necessary pleadings and
V. attending several hearings. The complaint,
however, was dismissed. To improve his
Constantino was accused of estafa by Hazel, chances, Andrew replaced Atty. Juju with
the wife of Judge Andres, for Atty. Jen, who eventually succeeded in
misappropriating the ring she entrusted to getting a favorable decision from the Court
him. Since Judge Andres was present when of Appeals, which became final. When
Hazel handed the ring to Constantino, he Andrew’s claims were satisfied by Wilkon,
was compelled by his wife to testify as a Atty. Juju filed a collection suit against him
witness for the prosecution in the criminal claiming that he (Atty. Juju) is entitled to
case. Did the judge commit any violation of attorney’s fees for the services he rendered
the New Code of Judicial Conduct for the for two (2) years. Will the collection suit
Philippine Judiciary? Explain. prosper? Explain.
Sison, PKD.
A: No. The agreement for attorney’s fees investment. A contingent fee contract is valid,
between Andrew and Atty. Juju was a while a champertous agreement is invalid.
contingent fee agreement. A contingent fee
agreement is one in which the lawyer will be With respect to the acquisition by Atty.
paid a fee only when he is successful in Dennis of Apollo’s property in Cebu, the same
handling the case of the client. It is an will not be in violation of Art. 1491 of the New
agreement whereby the fee, usually a fixed Civil Code, if the contract was simply a
percentage of what may be recovered, is contingent fee contract. The property in Cebu
dependent upon the success of the action was not involved in the case that Atty. Dennis
which is a valid agreement in this jurisdiction handled, and the lot will not be transferred to
(Law Firm of Raymundo Armovit v. CA; Canlas Atty. Dennis until the case was terminated.
v. CA). In this case, Atty. Juju was not successful What is prohibited of a lawyer is to take
in handling the case of Andrew. It was Atty. Jen properties of clients, subject of litigation
who won the case for the client hence, he is not during the pendency of the litigation. The rule
entitled to attorney’s fees. is founded on public policy, to avoid undue
influence which the lawyer may exert against
VII. the client.
Apollo hired Atty. Dennis to file an action VIII.

for damages. Since Apollo has no money, he
entered into a contingent fee agreement Arthur hired Atty. Jojo to file a complaint
where Atty. Dennis will shoulder all for the collection of PS00,000.00. He agreed
expenses of litigation and will not charge to pay Atty. Jojo the amounts of Pl00,000.00
for legal services. In case of a favorable as acceptance fee and Pl 00,000.00 as
decision, Apollo agreed to transfer to his success fee. Arthur paid P50,000.00 as
lawyer a lot in Cebu. Eventually, Apollo won partial payment of the acceptance fee with
the case. Atty. Dennis asked Apollo to the promise to pay the balance of
execute the deed of sale, but the latter P50,000.00 after presentation of Arthur’s
refused upon advice of a friend that the evidence. During the pre-trial, the
agreement is illegal. Due to threats of legal defendant paid to Atty. Jojo the amount of
action by his lawyer, Apollo filed a Pl 00,000.00 as partial payment of his debt.
complaint before the Supreme Court Considering that he has not yet been paid of
alleging that the agreement is a the balance of his acceptance fee, Atty. Jojo
champertous contract. Rule on the legality applied PS0,000.00 to the balance of the
of the agreement on contingent fee and the acceptance fee and the remaining
propriety of getting the property of Apollo. P50,000.00 was deposited in his bank
Explain. account for safekeeping. Despite the lapse
of one (1) month, Arthur was not informed
A: The contract for attorney’s fees is a of the payment. Arthur sued Atty. Jojo for
champertous agreement. A champertous keeping the money and argues that the
agreement is similar to a contingent latter violated the rules under Canon 16 of
agreement where in the lawyer will be paid the CPR that a lawyer shall hold in trust all
only if he is successful in handling the case. But monies of his client that may come into his
what makes it champertous is the provision, as possession. Atty. Jojo claims he has a lien on
in this case, that the lawyer will shoulder all the monies paid to him by the defendant.
the expenses of litigation. That makes the Rule on the complaint and explain.
lawyer a businessman who invested in the
case in the hope that he will profit from such A: Atty. Jojo violated Canon 16 of the CPR
which provides that “a lawyer shall hold in
Sison, PKD.
trust all moneys and properties of his client A: Judge Robert is correct in denying the
that may come into his possession,” and Rule motion for inhibition. That one of the counsels
16.01, which provides that “a lawyer shall in a case was a classmate of the judge is not a
account for all money or property collected or mandatory ground for his disqualification
received for or from the client.” The (Vda. De Bonifacio v. BLT Bus Co., Inc.; Santos
relationship between the lawyer and client is v. Lacurom). However, he may inhibit on the
highly fiduciary and prescribes on the lawyer discretionary ground that his refusal to inhibit
a great fidelity and good faith, hence, he has to may reasonably cause the parties to lose trust
account for the money collected for and from and confidence on the court. The issue of
his client (Navarro v. Solidum, Jr.). His failure voluntary inhibition is primarily a matter of
to return gives rise to the presumption that he conscience and sound discretion on the part of
has appropriated the same (Adrimisin v. Atty. the judge. The discretion given to trial judges
Javier). While Rule 6.03 provides that a lawyer is an acknowledgement of the fact that these
shall have a lien over the funds of his client and judges are in a better position to determine the
may apply so much thereof as may be issue of inhibition as they are the ones who
necessary to satisfy his lawful fees and deal directly with parties-litigations in their
disbursements, this rule is applicable only if courtrooms (Gutang v. CA). In fact, this can be
there is an agreement between the lawyer as a test of integrity of the judge if he can decide
to the payment of his fees and the client is the case fairly, even if the counsel was his
notified of the receipt of payment for him. In classmate.
this case, there was no notice of the payment
made to the client, and no agreement as to X.
when the balance of the former’s acceptance
fee should be made. In fact, Arthur promised to Atty. Harold wrote in the Philippine Star
pay the same after presentation of his his view that the decision of the Supreme
evidence. When Atty. Jojo deposited the Court in a big land case is incorrect and
balance of Php 50,000 in his bank account, he should be re-examined. The decision is not
violated Rule 16.02 which provides that “a yet final. Atty. Alfonso, the counsel for the
lawyer shall keep the funds of each client winning party in that case, filed a
separate and apart from his own and with complaint for disbarment against Atty.
those of others kept by him.” Such act smacks Harold for violation of the sub judice rule
of appropriation of money belonging to his and Canon 11 of the CPR that a lawyer shall
client (Yuzon v. Atty. Arnulfo M. Agleron). observe and maintain the respect due to
the courts. Explain the sub Judice rule and
IX. rule on the disbarment case.
Atty. Tristan filed a motion to disqualify A: The sub judice rule restricts comments and
Judge Robert from hearing a civil case on disclosures pertaining to pending judicial
the ground that the latter was the proceedings, not only by participants in the
classmate and fraternity brother of Atty. pending case, members of the bar and bench,
Mark, Atty. Tristan’s opposing counsel. litigants and witnesses, but also to the public
Judge Robert denied the motion on the in general, which necessarily includes the
ground that under Rule 3.12 of the Code of media, in order to avoid prejudging the issue,
Judicial Conduct, he is not required to influencing the court, or obstructing the
inhibit in all cases where his classmates administration of justice. A violation of this
and fraternity brothers are participating rule may render one liable for indirect
lawyers in cases before him. Is Judge contempt under Sec. 3(d), Rule 71 of the Rules
Robert correct in denying the motion? of Court. The rationale for the sub judice rule is
that courts, in the decision of issues of facts
Sison, PKD.
should be decided upon evidence produced in preparing an Occupancy Agreement, the

court; and that the determination of such facts lawyer advised and aided a foreigner in
should be influenced by bias, prejudice or circumventing the constitutional prohibition
sympathies (Marantan v. Diokno). After a case against foreign ownership of land, thus, the
is decided, however, the decision is open to lawyer used his knowledge of the law to
criticism, subject only to the condition that all achieve an unlawful end, which amounts to
such criticism shall be bona fide, and shall not malpractice in his office, for which he may be
spill over the walls of decency and propriety suspended (Danton v. Tansingco). In fact, he
(In Re: Show Cause Order in the Decision dated violated the rule that a lawyer shall do not
May 11, 2018 in GR No. 237428; Rep. v. falsehood or consent to the doing of the same.
Sereno) In doing so, he can be penalized.
“A wide chasm exists between fair XII.

criticism, on the one hand, and abuse and
slander of courts and the judges thereof, on the Jaybee engaged the services of Atty. Pete to
other. Intemperate and unfair criticism is a defend him in a criminal case for murder.
gross violation of the duty of respect to courts. During trial, when the defense was
It is such a misconduct that subjects a lawyer presenting its evidence, Jaybee admitted to
to disciplinary action.” (In Re: Almacen) Atty. Pete that he killed the victim in the
case. Atty. Pete withdrew from the case.
Since the publication is inappropriate Jaybee sued Atty. Pete for disbarment
as it violated the sub judice rul. Atty. Harold alleging that the latter violated Canon 15 of
may be penalized for indirect contempt of the CPR that “a lawyer shall observe
court. candor, fairness and loyalty in all his
dealings and transactions with his client”
XI. and Canon 17 of the CPR that “a lawyer
owes fidelity to the cause of his client and
George, an American citizen doing business he shall be mindful of the trust and
in the Philippines, bought a lot in Manila confidence reposed in him.” Rule on the
and secured the services of Atty. Henry for case and explain.
the execution of the required documents.
Atty. Henry prepared a Deed of Sale of Land A: I will rule in favor of Atty. Pete. A lawyer’s
using the name of George’s friend, Pete, as duty of entire devotion to his client’s cause
the buyer. In order to protect George’s must be performed within the bounds of the
interests and ensure his free and law. Canon 19 of the CPR provides that “a
undisturbed use of the property for an lawyer shall represent his client with zeal
indefinite period of time, Atty. Henry also within the bounds of the law.”
prepared a Counter Deed of Sale and
Occupancy Agreement signed by Pete in Moreover, Rule 19.02 of the CPR
favor of George. A competitor of George provides that “a lawyer who has received
filed a complaint for disbarment against information that his client has in the course of
Atty. Henry on the ground that he violated his representation, perpetuated fraud upon a
the Constitution and the CPR. Rule on the person or tribunal, shall promptly call upon
complaint and explain. the client to rectify the same, and failing which
he shall terminate the relationship with such
A: I would rule in favor of the complainant client in accordance with the Rules of Court.”
especially so, that a foreigner, by reason of But Atty. Pete should not reveal what Jaybee
public policy and under the Constitution revealed to him, because the same is covered
cannot own land in the Philippines. In by the duty of confidentiality under Canon 21
Sison, PKD.
which states that a lawyer shall not reveal A: Yes. Atty. Roberto committed a violation of
confidences or secrets of his client except is Canon 1, Rule 1.01, and Canon 7, Rule 7.03 in
authorized by his client or required by law. issuing a bouncing check. He should very well
know that the issuance of a bouncing check is
XIII. an unlawful act, a crime involving moral
turpitude (Co v. Bernardino). Such act
Atty. Dennis is the head of the Provincial indicates a lawyer’s unfitness for the trust and
DILG Office in Sultan Kudarat. In view of the confidence reposed on him. It shows a lack of
lack of lawyers and notaries public in the personal honesty and good moral character as
province and because of numerous to render him unworthy of public confidence.
requests that the DILG provide a notary It also shows the remorseless attitude,
public, Atty. Dennis was constrained to unmindful to the deleterious nature of such act
apply for a commission from the RTC, to the public interest and public order. (Wilkie
which was granted. He was able to notarize v. Atty. Limos; Dizon v. Atty. Norlito de Taza)
thousands of documents and affidavits
until Atty. Antonio, the only notary public [b] Can he be held civilly liable to Sonia in
in the province, charged Atty. Dennis with an administrative case for suspension or
misconduct and violation of the CPR. Is the disbarment? Explain.
charge correct? Explain.
A: No, a separate civil action should be filed as
A: Yes, because the performance of the duties it is not within the jurisdiction of the court in
of a notary public constitutes practice of law. A the administrative case. The sole issue in an
lawyer in the government service may either administrative case is the determination of
be prohibited from practicing law during his whether or not a lawyer is still fit to continue
tenure, or allowed to practice but subject to being a lawyer. The SC will not order the
some restrictions. There is no law prohibiting return of money which is not intimately
the Provincial DILG Officer from practicing his related to a lawyer-client relationship (Wong
profession. But as a Civil Service officer, he can v. Moya); Sps. Concepcion v. Atty. Dela Rosa)
do so only with the consent of his Department
Head (Catu v. Rellosa). XV.
XIV. Atty. Alex entered into an agreement for his

legal services with Johnny where it is
Sonia, who is engaged in the lending provided that the latter will pay him Pl
business, extended to Atty. Roberto a loan 00,000.00 as acceptance fee and P
of P500,000.00 with interest of P25,000.00 100,000.00 upon submission of the case for
to be paid not later than May 20, 2016. To decision. The court granted Johnny moral
secure the loan, Atty. Roberto signed a damages, exemplary damages and
promissory note and issued a postdated attorney’s fees of Pl 00,000.00. After
check. Before the due date, Atty. Roberto execution of the judgment, Atty. Alex kept
requested Sonia to defer the deposit of the the Pl 00,000.00 as his attorney’s fees.
check. When Atty. Roberto still failed to Johnny sued Atty. Alex for violation of the
pay, Sonia deposited the check which was CPR claiming that the attorney’s fees
dishonored. Atty. Roberto ignored the awarded by the court belongs to him.
notice of dishonor and refused to pay. Decide the case with reasons.
[a] Did Atty. Roberto commit any violation A: I will rule in favor of Johnny. The Php
of the CPR? Explain. 100,000 awarded to him as moral damages,
exemplary damages and attorney’s fees are
Sison, PKD.
items of damages which are due to him as this case, prejudice his client resulting in
plaintiff in the case. Attorney’s fees awarded to violation of due process (Suarez v. CA).
a party pursuant to Art. 2208 of the NCC,
constitute extraordinary attorney’s fees which XVII.
belong to the client, not to the lawyer. It is not
the ordinary attorney’s fees which is the Jojo, a resident of Cavite, agreed to
compensation due from a client to his lawyer purchase the lot owned by Tristan, a
since attorney’s fees are not awarded every resident of Bulacan. Atty. Agaton, Jojo’s
time a party wins a suit (Central Azucarera de lawyer who is also a notary public,
Bais v. CA). prepared the Deed of Sale and Jojo signed
the document in Cavite. Atty. Agaton then
XVI. went to Bulacan to get the signature of
Tristan. Thereafter, Atty. Agaton went back
Pedro was accused of the crime of murder to his office in Cavite where he notarized
before the RTC and was found guilty of the Deed of Sale.
homicide. His counsel, Atty. Nestor, told
him that he will file an appeal before the Is the notarization legal and valid? Explain.
Court of Appeals (CA) because he believes
that the claim of self-defense of Pedro will A: The notarization is not legal and valid.
be given merit by the appellate court and Under the Rules a person shall not perform a
that he will be acquitted. Pedro explains notarial act if the person involved as a
that he is amenable to the penalty imposed signatory to the instrument or document is not
upon him. Despite the opposition of the personally in the notary’s presence at the time
accused, Atty. Nestor went on with the of notarization (Rule IV, Sec. 2(b) of the 2004
appeal. The CA decided that the conviction Rules on Notarial Practice). Tristan was not in
should be for murder in view of a qualifying Atty. Agustin’s presence when the latter
circumstance. A petition with the High notarized the deed of sale in his office in
Court proved futile. Pedro hires you to file Cavite; moreover, Tristan signed in Bulacan,
a disbarment suit against Atty. Nestor. which is outside Atty. Agustin’s territorial
What canon or rule of the CPR will you use jurisdiction. The law requires personal
as ground for the suit? Explain. appearance of the party before the notary
public.
A: I will use Canon 19, Rule 19.03 of the CPR
which provides that “a lawyer shall not allow XVIII.
the client to dictate the procedure in handling
the case.” On the other hand, the substantive City Prosecutor Phillip prosecuted the
aspects of the case are within the sole criminal case for the murder of the city
authority of the client to decide. The lawyer’s mayor against the accused Reynaldo, the
authority is limited only to the procedural losing mayoralty candidate. There was no
aspects of the case. To appeal an adverse private prosecutor and Phillip personally
decision is a substantive matter which is handled the prosecution of the case from
exclusively for the client to decide. Having filed arraigriment up to the presentation of the
an appeal against the decision of his client, the evidence for the accused. Before the trial,
lawyer should be held liable for its negative Alfonso approached Phillip and confessed
result. Such act can even constitute gross that he is the killer of the city mayor and
negligence which does not bind the client. not Reynaldo. When the case was called for
While it is true that the client is bound by the trial, Phillip manifested before the court
negligence of his counsel, the exception is that Alfonso approached him and admitted
when the negligence is gross which may, as in that he killed the mayor and asked the
Sison, PKD.
court for whatever proper action it may Thereafter, St. Ivan's filed a disbarment
take. The counsel for the accused took complaint against Atty. Budoy. It claimed
advantage of the presence of Alfonso, who that while Atty. Budoy has established his
was placed on the witness stand and own law office, an arrangement was made
elicited testimonial evidence. The court whereby Tomas and Benedicto Law Offices
eventually acquitted Reynaldo. The heirs of assign cases for him to handle, and that it
the city mayor filed a disbarment case can be assumed that Tomas and Benedicto
against Phillip on the ground that it is his Law Offices collaborate with Atty. Budoy in
duty to see to it that the criminal is the cases referred to him, creating a
convicted and punished. They believe conflict of interest. Rule on the complaint
Reynaldo is the real killer and Alfonso was with reasons.
only a fall guy and that Reynaldo could not
have been acquitted were it not for the A: I will rule in favor of St. Ivan’s and against
disclosure of Phillip. Phillip argues that the Atty. Budoy. St. Ivan’s was a client of Tomas
City Prosecutor is not for the offended and Benedicto Law Offices, of which Atty.
party or the heirs of the victim but it is his Budoy was an associate attorney. As such, St.
main duty that "justice be done." Did Phillip Ivan’s was also his client, because of the
commit any violation of the CPR? Explain. principle that when a party hires a law firm, he
hires all the lawyers therein. Moreover, Atty.
A: No. Philipp did not commit any violation of Budoy was in a position to know the
the CPR. The primary duty of a lawyer engaged information transmitted by St. Ivan’s to the
in public prosecution is not to convict but to firm. There is conflict of interest if the
see that justice is done. The suppression of acceptance of new retainer will require the
facts or the concealment of witnesses capable lawyer to perform an act which will injuriously
of establishing the innocence of the accused is affect his new client in any matter in which he
highly reprehensible and is cause for represents him, and also whether he will be
disciplinary action (Rule 6.01). A public called upon in his new relation to use against
prosecutor is a representative not of an his first client any knowledge acquired during
ordinary party in controversy, but of a their relation (Hornilla v. Salunat).
sovereignty whose obligation to govern
impartially is as compelling as its obligation to As such, a lawyer is prohibited from
govern at all (Suarez v. Platon). The ultimate representing new clients whose interests
objective in the prosecution of cases is the oppose those of a former client in any manner,
attainment of justice. whether or not they are parties in the same
action or on totally unrelated cases. The
XIX. prohibition is founded on the principles of
public policy and good taste. (Anglo v. Atty.
St. Ivan's Hospital, Inc. (St. Ivan's) and Valencia)
Allied Construction Co. (Allied) separately
retained the legal services of Tomas and XX.
Benedicto Law Offices. St. Ivan's engaged
the services of Allied for the construction of Atty. Gail was separated from her husband,
a new building but failed to pay the Dino, for more than ten (10) years due to
contract price after the completion of the incompatibility. She fell in love with Mica
works. A complaint for sum of money was who was also separated from her husband.
filed by Atty. Budoy, a former associate of She filed a petition for the declaration of
Tomas and Benedicto Law Offices, on nullity of her marriage with Dino, and also
behalf of Allied against St. Ivan's. St. Ivan's a petition for the declaration of nullity of
lost the case and was held liable to Allied. the marriage of Mica with her husband.
Sison, PKD.
While the cases were pending, Atty. Gail In a bid to fortify the case against Gregory
and Mica lived in their respective and the others, the public prosecutor
residences but were often seen together in approaches you (as the least guilty person
parties, events and in public places. Dino who will qualify for a discharge as a state
filed a disbarment complaint against Atty. witness) and offers to make you a state
Gail for immorality, alleging that Atty. Gail witness. Should you accept the offer?
and Mica are lovers. Decide whether Atty. Explain your answer.
Gail should be sanctioned for immorality.
A: Yes, because the information I acquired
A: I will rule in favor of Atty. Gail. Being seen involving the criminal case against Gregory is
together with Mica in parties, events and covered by the privileged communication rule
public places is not sufficient proof of as one of the lawyers who handled Gregory’s
immorality. Immorality means “that conduct account. A lawyer cannot, without the consent
which is willful, flagrant or shameless, and of his client, be examined as to any
which shows a moral indiligence to the communication made by a client in the course
opinion of goods and respectable members of of, or with view to, professional employment
the community” (Arciga v. Maniwang). (Sec. 24(b), Rule 130, Rules of Court). Under
Besides, I will be mindful of the injunction in the Rules, a lawyer shall not to the
Sec. 1, Canon 5 of the New Code of Conduct for disadvantage of his client, use information
the Philippine Judiciary, which provides that acquired in the course of employment, nor
“a judge shall be aware of, and understand, shall he use the same to his own advantage or
diversity in society and differences arising that of a third person, unless the client with
from various sources, including but not limited full knowledge of the circumstances consents
to race, religion, national origin, caste, thereto (Canon 21, Rule 21.02).
disability, age, marital status, sexual
orientation, social and economic status and B.
other like causes.”
Under the facts of the preceding question,
2017 assume that you had resigned from the
Brando & Luzon Law Office prior to the
I. filing of the money laundering case against
Gregory and the others, and that you were
A. not implicated in the case. However, you
had assisted in handling the Cobra Co.
Brando & Luzon Law Office had a retainer account during your time with the law firm.
agreement with Gregory, a businessman Cobra Co. was largely owned by Cable Co.
with shady connections. Gregory was
recently charged in the RTC in Manila with The public prosecutor handling the case
money laundering in relation to an illegal against Gregory and the others asks you, as
drugs syndicate using Cable Co., his holding a former member of the Brando & Luzon
company, as its money laundering conduit. Law Office, to help strengthen the case for
The members of the Brando & Luzon Law the Government, and hints that you may be
Office assigned to handle Gregory's implicated in the case if you do not
account, including yourself, were cooperate. What is your legal and ethical
implicated in the money laundering case course of action? Explain your answer.
for their role in the incorporation of Cable
Co. and in the active management of its A: I will decline to testify against the
business affairs. defendants and to provide evidence in the case
as the attorney-client privilege lasts even
Sison, PKD.
beyond the termination of the relationship. A: Yes. Atty. Chloe has an obligation to disclose
Under the Rules, a lawyer shall not, to the what Pedro Tigas had stated to her without
disadvantage of his client, use information violating the lawyer-client confidentiality rule.
acquired in the course of employment, nor As a rule, the protection of the attorney-client
shall he use the same to his own advantage or privilege has reference to communication
that of a third person, unless the client, with which are legitimately and properly within the
full knowledge of the circumstances, consents scope of a lawful employment, and does not
thereto (Canon 21, Rule 21.02). extend to those made in contemplation of a
crime or perpetuation of a fraud (Rule 130,
If I will testify against my client, I will Rules of Evidence). There is privilege
be taking advantage of the information I communication only as to crimes already
obtained for me not to be implicated is a committed before its communication to the
violation of the rule. lawyer. The lawyer-client relationship does
not prevent him from disclosing information
II. because it refers to an illegal act. The purpose
of the rule is to solve criminality and maintain
A. peace and order. If she does not inform the
police of what was communicated to her, she
Pedro Tigas, a known toughie, asked Atty. would violating her oath to obey the laws and
Chloe to meet with him in the Jollibee the Constitution.
Restaurant in Harrison Plaza because he
wanted to seek her legal advice on an B.
important matter. Atty. Chloe had once
before been consulted by Pedro Tigas, who Assuming that the meeting between Pedro
had then paid her well. When they met in Tigas and Atty. Chloe in Jollibee Restaurant
Jollibee Restaurant, he confided his occurred after the killing of Pepeng Taga,
planned assassination of Pepeng Taga, his and in that meeting Pedro Tigas expressly
rival for control of the neighborhood in San admitted to Atty. Chloe in strict confidence
Andres Bukid, Manila. He wanted her to as his lawyer that he had shot Pepeng Taga.
represent him should he be apprehended Is Atty. Chloe ethically bound to reveal the
for the assassination. Atty. Chloe did not admission of Pedro Tigas to the police
agree, and left the restaurant in a hurry investigator what Pedro Tigas had stated to
before Pedro Tigas could utter anything her at the Jollibee Restaurant? Explain your
more. answer.
A few days afterwards, Pepeng Taga was A: As a rule, no, Atty. Chloe is not ethically
killed near his house in San Andres Bukid, bound to reveal the admission of Pedro Tigas
Manila. The police follow-up team arrested to the police investigator. The lawyer-client
Pedro Tigas on the basis of testimony by at privilege extends to revelations of crimes
least two residents that they had heard him already committed. The law in fact encourages
saying two days before the killing that a client to make a full disclosure of the
Pepeng Taga would not live beyond 48 circumstances relating to the crime for which
hours. Should Atty. Chloe reveal to the he is or may be charged Rule 15.02 of the CPR
police investigator what Pedro Tigas had provides that a lawyer shall be bound by the
stated to her at the Jollibee Restaurant rule on privilege communication in respect of
without violating the confidence of the all matter disclosed to him by a prospective
latter as a client? Explain your answer. client.
III.
Sison, PKD.
A. was able to persuade her to execute an

affidavit of desistance in respect of her
Alleging that Atty. Frank had seduced her administrative complaint. He submitted
when she was only 16 years old, and that the affidavit of desistance to the Supreme
she had given birth to a baby girl as a result, Court, and moved to dismiss the charge
Malen filed a complaint for his disbarment against him.
seven years after the birth of the child
charging that he was a grossly immoral Will the affidavit of desistance warrant the
person unworthy and unfit to continue in dismissal of the administrative charge?
the Legal Profession. In his comment, Atty. Explain your answer.
Frank argued that the complaint for
disbarment should be dismissed because of A: No, the affidavit of desistance would not
prescription. warrant the dismissal of the administrative
charge. A disbarment proceeding is sui generis,
Explain whether or not Atty. Frank's neither a civil or criminal action. Sec. 5, Rule
argument is justified. 139-B of the Rules of Court provides that “no
investigation shall be interrupted or
A: Atty. Frank’s defense of prescription is not terminated by reason of the desistance,
correct. Disbarment is imprescriptible. settlement, compromise, restitution,
Administrative proceedings against a lawyer withdrawal of the charges, or failure of the
are sui generis. There are neither civil nor complainant to prosecute the same.” This rule
criminal case. The ordinary statutes of finds application in Ferancullo v. Atty.
limitation have no application to disbarment Ferancullo, where it was ruled that in view of
proceedings (Calo, Jr. v. Degamo). Disciplinary its nature, administrative proceedigns against
proceedings involve no private interest and lawyers are not strictly governed by the Rules
afford no redress for private grievance. They of Court. As we held in In Re: Almacen, a
are undertaken for the purpose of preserving disbarment case is sui generis for it is neither
courts of justice from official administration of purely civil nor purely criminal but is rather an
persons unit to practice. The attorney is called investigation by the court into the conduct of
to answer to the court as an officer of the court. its officers. Hence, an administrative
The complainant or the person who called the proceeding continue despite the desistance of
attention of the court to the attorney’s alleged a complaint, or failure of the complainant to
misconduct is in no senser a party who has prosecute the same.
generally no interest in the outcome except as
all good citizens may have in the proper IV.
administration of justice (De Vera v. Pineda;
Atty. Pedro Aguirre v. Atty. Crispin Reyes). Atty. Jessa was the counsel for Mr. Nolan, a
cantankerous millionaire, in the latter's
B. personal case. Soon after the case was
submitted for decision, Mr. Nolan
Beth administratively charged her former withdrew the files from Atty. Jessa and
lawyer, Atty. Rawet, with gross misconduct informed her that he was engaging another
and gross ignorance of the law for the lawyer. On that same day, a copy of the
latter's inadequate legal representation of decision in the case was received by Atty.
her in her suit against her neighbor. Jessa but she did not do anything anymore
Midway during the investigation, Beth with the decision. She did not also file a
decided to migrate to Australia. Learning withdrawal of her appearance. Mr. Nolan's
about her plans, Atty. Rawet approached new counsel did not file any notice of his
her and pleaded for her understanding. He appearance. By the time Mr. Nolan found
Sison, PKD.
out about the adverse decision, his period Given his explanations to the estate court,
to appeal had lapsed. may Atty. Doble Kara ethically represent
Mely?
Was the service of the decision on Atty.
Jessa still effective? Explain your answer. A: No. A lawyer shall not represent conflicting
interest except by written consent of all
A: Yes, since she did not follow the procedure concerned given after a full disclosure of the
of proper withdrawal as counsel, the lawyer facts (Rule 15.03, CPR). Atty. Doble Kara may
remains to be the counsel of record of his not ethically represent Mely because there
client and is duty bound to serve him or her would be a conflict of interest. A lawyer-client
until proper withdrawal is made or is so relationship between Atty. Doble Kara and Eva
dismissed by the client. A lawyer may only was created when the latter consulted the
retire from a case either by written consent of former on the matter of the estate of her late
his client, or by permission of the court after grand-aunt, gave him documents to study, and
due notice and hearing, in which even the the lawyer gave her advice after such study. It
lawyer should see to it that the name of the does not matter that the lawyer refused to
new counsel is recorded in the case (Chang v. represent her or that he was not paid a
Atty. Jose Hidalgo). retainer fee or that the engagement as a
lawyer did not push through. If a person
V. consults a lawyer in respect to his business of
any kind, with a view to obtaining his
Eva consulted Atty. Doble Kara, a well- professional advice or assistance, and the
known solo practitioner, to represent her voluntarily permits of acquiesces to such
as a probable heir to the huge estate of her consultation, a lawyer-client relationship is
late lamented grandaunt who died without established (Hilado v. David). The rule was
issue. After Atty. Doble Kara perused the designed to prevent situations wherein a
documents relevant to the estate presented lawyer would be representing a client whose
by Eva, he told Eva that he could not be of interest is adverse to any of his present or
help to her. former clients (Heirs of Lydio Falme v.
Baguio). The rule is grounded on the fiduciary
A few days later, Eva learned that Atty. obligation of loyalty. The nature of that
Doble Kara had just initiated intestate relationship is one of trust and confidence of
proceedings involving the same estate in the highest degree (Perez v. Dela Torre)
the RTC, and the petitioner seeking
appointment as administratrix was Mely, VI.
Eva's hostile cousin and co-heir to the
estate. For services to be rendered by Atty.
Hamilton as counsel for Gener in a civil
Eva moved to immediately disqualify Atty. case involving the recovery of the
Doble Kara from representing Mely on the ownership and possession of a parcel of
ground of conflict of interest, but Atty. land with an area of 5,000 square meters,
Doble Kara explained to the estate court the two of them agreed on a success fee for
that there was no conflict of interest Atty. Hamilton of ₱50,000.00 plus 500
because he had no lawyer-client square meters of the land. The trial court
relationship with Eva. He further indicated ultimately rendered judgment in favor of
that Eva had not also paid him any retainer Gener, and the judgment became final and
fee. executory. After receiving ₱50,000.00, Atty.
Hamilton demanded the transfer to him of
Sison, PKD.
the promised 500 square meters of the students would be sent to you to have their
land. documentations and affidavits notarized;
and that the arrangement would be very
Instead of complying, Gener brought an lucrative for you. However, the secretary
administrative complaint charging Atty. wants you to share with her half of your
Hamilton with violation of the Code of earnings throughout the year.
Professional Responsibility and Art.
1491(5) of the Civil Code for demanding the Will you agree to the arrangement
delivery of a portion of the land subject of proposed by the secretary of the
the litigation. university? Explain your answer.
Is Atty. Hamilton liable under the Code of A: No. The arrangement will be violative of the
Professional Responsibility and the Civil rule that “a lawyer shall not divide or stipulate
Code? Explain your answer. to divide a fee for legal services with persons
not licensed to practice law” (Rule 9.02 of the
A: No. Since the acquisition of the property is CPR). The secretary of the university is not
after the finality of the judgment, the same is licensed to practice law, I cannot validly share
valid. What is prohibited is acquisition of my earnings as a notary public with him
property of the client by the lawyer subject of because only a person duly admitted as a
litigation during the pendency of litigation. member of the bar is entitled to practice law
The rule is founded in public policy to prevent (Sec. 1, Rule 138).
the lawyer from exerting undue influence or
taking advantage against his client. The B.
agreement to be paid under a contingency fee
is allowed provided that the client will The plaintiff died during the pendency of
shoulder all the costs of litigation. the case in the RTC. If you were the counsel
Furthermore, the elements under the of the plaintiff, what is the last duty you
prohibition in Art. 1491 of the Civil Code are: need to discharge in behalf of the late client
1) presence of a lawyer-client relationship, 2) before your professional engagement for
the client’s property is subject to litigation, 3) the case may be deemed terminated?
the lawyer is handling the case for the client, Explain briefly your answer.
4) the case is still pending, and 5) the lawyer
acquires the said property or portion thereof, A: In case of death of my client, my last duty to
directly or indirectly. A portion of the property him shall be to inform the court in which his
of Gener will go to the lawyer only be after the case is pending, within t30 days after such
judgment of the case involving the said death, and to give the name and residence of
property has already become final and the administrator or executor (1 st paragraph,
executory, the acquisition of a portion thereof Sec. 16, Rule 3, Rules of Court). This duty is not
by Atty. Hamilton, is valid (Fabello v. IAC; shifted to the plaintiff (Barrameda v. Barbara;
Punia v. Atty. Eleanor Maravilla-Ona). Bonfiacio v. Dizon). The rule is based on the
principle that after the death of the client, the
VII. attorney-client relationship ends unless the
heirs of the client would engage his services to
A. continue with the case.
You had just taken your oath as a new VIII.

lawyer. The secretary of a big university
offered to get you as the university's notary A.
public. She explained that the faculty and
Sison, PKD.
Sancho Mahilig went to the office of Atty. Prosecutor Regan, mindful of his large
Charm to engage her legal representation caseload of preliminary investigations, and
in the criminal case for adultery that the believing that his attendance at the trial
husband of his socialite friend had brought was superfluous, decided not to attend the
against him in the City Prosecutor's Office trial anymore so that he could devote more
in Manila. Atty. Charm thoroughly time to the work back in his office.
interviewed Sancho in her office with only
Linda, the secretary/stenographer of Atty. Explain whether or not the decision of
Charm, the only other person present. On Prosecutor Regan to miss the trial of the
that occasion, Sancho candidly informed action to declare the nullity of the marriage
Atty. Charm about his illicit affair with the was warranted.
socialite wife, and gave many details. Linda
faithfully recorded the interview. A: The decision of Prosecutor Regan to miss
the trial is not warranted. A prosecutor is duty-
During the trial of the criminal case for bound to represent the State in every action
adultery, the trial prosecutor requested for declaration of nullity of a marriage because
the court to issue a subpoena duces the State has the constitutional duty to
tecum to compel the production of the preserve a marriage and as prosecutor, he
record of the interview and a subpoena ad should perform his duties actively and
testificandum to compel Linda to testify on diligently.
the admission of the affair by Sancho. Atty.
Charm objected to the request on the basis IX.
of lawyer-client confidentiality.
Atty. Miriam rents her office space in a
If you were the trial judge, how will you building owned by Winston. Eventually,
resolve the objection of Atty. Charm? Atty. Miriam became Winston's regular
Justify your answer. legal counsel. Because of their good
relationship, Atty. Miriam did not hesitate
A: I would sustain Atty. Charm’s objection. Sec. to borrow money from Winston. Atty.
24 of Rule 130 of the Rules of Court extends Miriam issued postdated checks covering
the privileged communication to an attorney’s the interest of her loans. Unfortunately,
secretary, stenographer or clerk. There is a Atty. Miriam failed to pay her obligations to
public policy consideration behind the rule Winston. Her postdated checks with
because if the lawyer or secretary who was Winston also bounced. Hence, he filed a
present when the client communicated the criminal case for violation of the Bouncing
facts of the case to the lawyer expects them to Checks Law against her.
reveal such communication, the client would
clamp up. He would not tell the lawyer the true In her counter-affidavit, Atty. Miriam
facts and circumstances. averred that Winston was "a businessman
who is engaged in the real estate business,
B. trading and buy and sell of deficiency taxed
imported cars, shark loans and other shady
Prosecutor Regan was designated to deals and has many cases pending in
represent the State during the trial of an court."
action to declare the nullity of a marriage.
He realized soon enough, however, that the Hurt by the allegations, Winston filed a
counsels of the parties were very disbarment complaint against Atty. Miriam
competent and sincere in doing their work arguing that her allegations in the counter-
for their respective clients. Thus,
Sison, PKD.
affidavit constituted a breach of their Is Atty. Kirmet correct? Explain your

confidential lawyer-client relationship. answer briefly.
Discuss whether or not the disclosures in A: No, Atty. Kirmet is not correct especially so
Atty. Miriam's counter-affidavit constitute that a disbarment proceeding is sui generis
a breach of fidelity towards her client. that they are neither civil nor purely criminal.
It involves investigation by the Court into the
A: The disclosures in Atty. Miriam’s affidavit conduct of one of its officers (Pena v. Aparicio).
constitute a breach of fidelity towards her Under Rule 7.03 of the CPR, a lawyer shall not
client Winston. A lawyer shall not reveal the engage in conduct that adversely reflects on
confidences or secrets of his client except his fitness to practice of law, nor shall he,
when necessary to defend himself, his whether in public or private life, behave in a
employee or associates or by judicial action scandalous manner to the discredit of the legal
(Canon 21, Rule 21.01 of the CPR). As a rule, by profession. Rule 1.01 likewise provides that a
filing a complaint against his attorney, a client lawyer shall not engage in unlawful, dishonest,
waived the attorney-client privilege in favor of immoral or deceitful conduct, without
his lawyer who may disclose or use so much of qualifying hat it be in his professional life only.
his client’s confidences as may be necessary to Atty. Kirmet has the moral duty and legal
protect himself. The information is limited responsibility to settle her financial
only to communications which are obligations when they become due. It is a well-
legitimately and properly within the scope of a settled rule that there is no dichotomy
lawful employment of a lawyer; it does not between the public and private aspects of the
extend to those made in contemplation of a life of a lawyer. It is not necessary for a lawyer-
crime or perpetuation of a fraud (Genato v. client relationship to exist for a lawyer to
Silapan). The disclosures in Atty. Miriam’s become a subject of a disbarment case (Garcia
counter-affidavit are not relevant to this case, v. Bulauitan). Generally, a lawyer may be
hence, they do not fall under the exception, disbarred or suspended for any misconduct
hence the disclosures by Atty. Miriam’s whether in wanting in moral character in
constitutes a breach of fidelity towards her honesty, probity and good demeanor (Marcelo
client. v. Javier, Sr.).
X. XI.
Atty. Anna Kirmet was one of Worry Bank's A.

valued clients. The bank gave her a credit
card with a credit limit of ₱250,000.00. Define champerty.
Because of her extravagance, Atty. Kirmet
exceeded her credit limit and refused to A: Champerty is a contract between a lawyer
pay the monthly charges as they fell due. and his client whereby the lawyer agrees to
pay off proceedings to enforce the client’s
Hence, aside from a collection case, Worry rights. Such agreement is against public policy
Bank filed a disbarment case against Atty. especially if the attorney has agreed to carry
Kirmet. In her comment on the disbarment on the action at his own expense in
complaint, Atty. Kirmet insisted that she consideration of some bargain to have part of
did not violate the Code of Professional the thing in dispute. The contract violates the
Responsibility because her obligation to the fiduciary relationship between the lawyer and
bank was personal in nature and had no his client. It violates Canon 42 of the Canons of
relation to her being a lawyer. Professional Ethics which provides that a
lawyer may not properly agree with a client to
Sison, PKD.
pay or bear the expenses of litigation (Bautista A Justice of the Supreme Court saw the
v. Gonzales). It smacks of a lawyer engaging in advertisement and thereafter called the
business where he makes an investment with attention of his colleagues. The Supreme
the hope of a substantial gain. The practice of Court directed the Bar Confidant
law is not a business. Rendition of public is its investigate the matter. When directed to
business. explain why no disciplinary action should
be taken against him for the improper
B. advertisement, Atty. Simplicio contended
that: (a) the advertisement was not
Atty. Andy and Atty. Valeriano were improper because his name was not
classmates in law school. As such, they mentioned; and (b) he could not be
developed a close friendly relationship. subjected to disciplinary action because
They agreed that they would refer clients there was no complaint filed against him.
to each other, and whoever referred clients
would receive a commission or portion of Rule on Atty. Simplicio's contentions.
the attorney's fees. Atty. Andy referred a
client to Atty. Valeriano, who charged the A: Both of Atty. Simplicio’s contentions are not
client ₱100,000.00 as initial attorney's correct. The fact that his name was not
fees. Thereafter, Atty. Valeriano sent 15% mentioned does not make the advertisement
of ₱100,000.00, or ₱15,000.00, to Atty. proper. The telephone number in the
Andy as the latter's referral fee. advertisement stated is his, hence, it is as if his
name was mentioned. The advertisement
Explain if the agreement on the referral fee violated the ethical norms which prohibits
is ethical. false and misleading advertisement. The use of
the word “competent” would create
A: The agreement on the referral fee is expectations which Attorney X may not be able
unethical. Under Rule 20.02 of Canon 20 of the to perform. The advertisement tends to
CPR, a lawyer shall, in all cases of referral, with undermine the sanctity of marriage as a
the consent of the client, be entitled to a recognized inviolable institution in the
division of fees in proportion to the work Philippines (Khan, Jr. v. Simbillo). The
performed and responsibility assumed. There advertisement was improper since it is
is no such service rendered in the matter of a incompatible with the dignity of the legal
referral fee, where a lawyer shall receive profession. If made in a modest and decorous
compensation merely for recommending manner, it would bring no injury to the lawyer
another lawyer to his client. It makes practice and to the bar (Khan, Jr. v. Simbillo). The best
of law a business which should not be, as it is a advertising possible for a lawyer is a well-
profession. Lawyering is not primarily meant merited reputation for professional capacity
to be a money-making venture, and law and fidelity to trust, which must be earned as
advocacy is not a capital that necessarily yields the outcome of character and conduct
profits (Burde v. Atty. Alberto Maqueta; (Linsangan v. Atty. Nicomedes Tolentino).
Manzano v. Atty. Santiago)
A complaint is not necessary to initiate
XII. disciplinary action against a lawyer. Being sui
generis in nature, a disciplinary action against
Atty. Simplicio published the following a lawyer may be initiated by the SC motu
advertisement in a local newspaper: proprio (Sec. 1, Rule 139-B, Rules of Court).
"Annulment of Marriage, Competent
Attorney, Reasonable Fees, Call 221-2345." XIII.
Sison, PKD.
Herbert Madasalin, a 25-year old Bar Believing that an onerous transfer would
candidate, surrendered his driver's license result in lesser taxes than a gratuitous
to the security guard at the Arlegui Gate transfer, Nenita Villo, a widow, decided to
when he entered the Malacanang sell her lone asset worth ₱3,000,000.00 to
compound to pray at the National Shrine of her daughters, Andrea, Carina and Carissa,
St. Jude Thaddeus. After praying the all of legal age, gainfully employed and still
novena to St. Jude, Herbert went to the unmarried. The asset consisted of the
Arlegui Gate to retrieve his driver's license. house and the lot registered under
However, he was not able to get the license Transfer Certificate of Title No. 67890 of
because the security guard was then the Register of Deeds of Paranaque City and
elsewhere. He returned the next day only to situated at No. 3156 Bayswater Street,
be told that the security guard had Metro Ville Subdivision, Paranaque City
misplaced the license. The security guard where Nenita and her daughters presently
concerned could not anymore remember resided.
where he had placed the license.
Nenita required her daughters to make a
Herbert immediately requests your down payment of ₱1,000,000.00, and the
assistance in the preparation of an affidavit balance to be paid once the title to the
of loss. His address is at 143 Zuzuaregui property was transferred to her daughters'
Street, Don Antonio Heights, Quezon City. names. All the taxes, fees, and costs related
As his friend, prepare Herbert's affidavit of to the sale would be for the account of
loss. Nenita, while those related to the transfer
of title would be paid by Andrea, Carina and
XIV. Carissa.
Kyle Angelo was served with summons and Draft the contract to be executed by Nenita
a copy of the complaint of Ciara Jane for and her daughters in connection with the
collection of the amount of ₱1,000,000.00 transfer of the house and lot. Omit details
as evidenced by a promissory note signed other than those stated in the question.
by Kyle Angelo. She alleged that the debt
was overdue; and that Kyle Angelo refused XVI.
to pay despite repeated demands.
Determine if the following advertisements
Kyle Angelo engaged the services of Atty. by an attorney are ethical or unethical.
Carlos Sa bit, who decided to file a motion Explain your answer.
to dismiss on the ground of lack of cause of
action and prescription. Atty. Carlos Sabit (a) A calling card, 2 inches x 2 inches in size,
drafted the motion and sent the draft to bearing the attorney's name in bold print,
Kyle Angelo for his perusal. Kyle Angelo, office, residence and email addresses,
being himself a law graduate, quickly telephone and facsimile numbers.
noticed that the draft did not contain a
notice of hearing. A: Ethical. A lawyer is allowed the customary
use of simple professional cards which contain
Draft the notice of hearing that Atty. Carlos only a statement of the lawyer’s name, the
Sabit should include in the motion to name of the law firm he is connected with,
dismiss. address, telephone number, and special
branch of the law practiced. (Linsangan v. Atty.
XV. Nicomedes Tolentino; Ulep v. Legal Clinic, Inc.)
Sison, PKD.
(b) A business card, 3 inches x 4 inches in (e) A small announcement that the
size, indicating the aforementioned data attorney is giving free legal advice on
with his 1 inch x 1 inch photograph. November 30, 2017 published in Balita, a
tabloid in Filipino.
A: Unethical. The size of the card and the
inclusion of the lawyer’s photo in it takes it A: Unethical. The announcement in a
away from the ambit of “simple professional newspaper that he will give free advice is a
cards” that are allowed. The business card form of self-laudation and advertisement that
likewise is a form of self-laudation is has no place in the legal profession. (In Re:
undignified and smacks of crass Luis Tagorda)
commercialism. The best possible advertising
for a lawyer is a merited reputation for 2018
professional capacity and fidelity to trust,
which must be earned as the outcome of I.
character and conduct. (Ulep v. Legal Clinic,
Inc.)
The Lawyer’s Oath is a source of any
lawyer’s obligations and its violation is a
(c) A pictorial press release in a broadsheet ground for the lawyer’s suspension,
newspaper made by the attorney showing disbarment, or other disciplinary action.
him being congratulated by the president
of a client corporation for winning a multi-
Without stating your name and other
million damage suit against the company in
circumstances that will identify you,
the Supreme Court.
substantially write down the Lawyer’s Oath
that a person who has passed the bar
A; Unethical. Rule 3.01 of the CPR provides examinations is required to take and
that a lawyer shall not use or permit the use of subscribe to before the Supreme Court.
any self-laudatory statement or claim
regarding his qualifications or legal service. He
A: I do solemnly swear that I will maintain
may only publish in a reputable law list
allegiance to the Republic of the Philippines, I
primarily for that purpose. It cannot be in a
will support the Constitution and obey the
mere supplemental feature of a paper,
laws as well as the legal orders of the duly
magazine, trade journal or periodical which is
constituted authorities therein; I will do no
published principally for other purposes.
falsehood, nor consent to the doing of any in
(Ulep v. Legal Clinic, Inc.)
court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit,
(d) The same press release made in a or give aid nor consent to the same; I will delay
tabloid by the attorney's client. no man for money or malice, and will conduct
myself as a lawyer according to the best of my
A: Ethical. This is already the act of a client, not knowledge and discretion, with all good
of the lawyer, unless it was permitted by the fidelity as well to the courts as to my clients;
lawyer, otherwise, it would make the practice and I impose upon myself these voluntary
of law a form of self-laudation and convert it to obligations without any mental reservation or
a commercial undertaking. Practice of law is purpose of evasion. So help me God.
not a business. It is a profession. Lawyering is
not primarily meant to be a money-making II.
venture, and law advocacy is not a capital that
necessarily yields profits. (Palencia v. Atty.
In a complaint filed before the Integrated
Pedro Linsangan; Tenoso v. Atty. Echavez)
Bar of the Philippines (IBP) against Atty.
Cirilo Celis, a senior citizen, it was shown
Sison, PKD.
that: a) he failed to pay his IBP dues for six (b) the obligations, if any, under the Rules
(6) years; b) he indicated uniformly in his of Court and the Code of Professional
pleadings for three (3) consecutive years Responsibility that Atty. Celis may have
“IBP Muntinlupa OR No. 12345” as proof of violated.
payment of his IBP fees; and c) he did not
indicate any Professional Tax Receipt A: Atty. Celis violated the rule that a lawyer
number to prove payment of his shall, at all times, uphold the dignity of the
professional dues. legal profession and support the activities of
the integrated Bar (Canon 7, CPR).
In his defense, Atty. Celis alleged that he is
only engaged in a “limited” law practice, Aside from the aforesaid rule, he
and his principal occupation, as disclosed violated the following rules: Every member of
in his income tax return, is that of a farmer the Integrated Bar shall pay such annual dues
of a 30-hectare orchard and pineapple as the Board of Governors shall determine
farm in Camarines Sur. He also claimed that with the approval of the SC. (Sec. 9, Rule 139-
he believed in good faith that, as a senior A, Rules of Court)
citizen, he was exempt from payment of
taxes, such as income tax, under Republic Subject to the provision of Sec. 12 of
Act No. 7432 which grants senior citizens this Rule, default in the payment of annual
“exemption from the payment of individual dues for six months shall warrant suspension
income taxes provided that their annual of members in the Integrated Bar, and default
taxable income does not exceed the in such payment for one year shall be ground
poverty level as determined by the NEDA for removal of the name of the delinquent
for that year.” member from the Roll of Attorneys. (Sec. 10,
Rule 139-A, Rules of Court)
As a member of the IBP Board of Governors,
decide on the following: III.
(a) the validity of his claim that, being Carina was dismissed by her employer for
engaged in a limited practice of law and breach of trust and confidence, and for
being a senior citizen who is exempt from willful violation of company rules and
the payment of taxes, he is not required to policies. She filed an action for illegal
pay his IBP and professional dues; dismissal claiming that her termination
was without legal basis. The Labor Arbiter
A: Atty. Celis can engage in the practice of law found that she was illegally dismissed and
only by paying his IBP dues, and it does not awarded her the amount of PhP 80 million.
matter that his practice is “limited” (Secs. 9 On appeal to the National Labor Relations
and 190, Rule 139-A). While it is true that RA Commission (NLRC), the award was
No. 7432, Sec. 4, grants senior citizens reduced to PhP 40 million as separation
exemption from the payment of individual pay, plus PhP 5 million for the value of her
income taxes provided that their annual stock option plans which would have
taxable income does not exceed the poverty vested if she were not illegally dismissed
level as determined by the National Economic from her job. Unsatisfied with the NLRC’s
and Development Authority (NEDA) for that decision, she appealed to the Court of
year, the exemption does not include the Appeals (CA) the amount of monetary
membership or association dues, which is not award granted by the NLRC. She engaged
a tax. (Santos, Jr. v. Llamas) the services of Casal, Casos and Associates
to handle her appeal. Her retainer
agreement with Casal, Casos and Associates
Sison, PKD.
provided for contingent fees equivalent to individual lawyers. The law firm also
10% of her claim for separation pay and presented letters signed by their client
10% of the value of stock options to be commending them for work done well in
awarded to her. the case.
The CA decision was not favorable to (a) May lawyers legally charge their clients
Carina, so she appealed the same to the based on contingent fees?
Supreme Court (the Court). While the case
was pending appeal with the Court, Carina A: Yes, since such contingency fee contract is
entered into a compromise agreement with valid in this jurisdiction (Law Firm of
her employer to terminate the case upon Raymundo Armovit v. CA, et. al.). Rule
payment to her of the full amount of PhP 40 21.01(h) of the CPR provides the contingency
million, less the PhP 15 million previously or certainty of compensation as one of the
paid to her by her employer. Before the factors in determining fair and reasonable
compromise agreement was finalized, fees. A contingent fee contract is an agreement
Carina terminated the services of Casal, whereby the fee, usually fixed percentage of
Casos and Associates and asked them to what may be recovered, is made to depend on
withdraw from the case pending before the the success of the action. It is designed to help
Court. The parties negotiated the litigants who cannot afford to pay the services
compromise agreement without the of a lawyer outright. It is an implementation of
participation of their lawyers since the the free access to courts rule in the
employer imposed the condition that no Constitution.
lawyers should be involved in the
compromise negotiation. She, together (b) Should Casal, Casos and Associates be
with her employer, then filed the allowed to intervene in the case pending
Compromise Agreement for approval by before the Court in order to collect their
the Court, and sought the termination of fees from Carina?
the case, with prejudice.
A: Yes. A lawyer is entitled to the judicial
Casal, Casos and Associates filed a motion protection against injustice, imposition or
to intervene in the case pending with the fraud on the part of the client, as the client
Court, praying that Carina be ordered to against abuse on the part of his counsel. The
pay them PhP 4 million, representing 10% CPR permits the registration of a lien although
of the amount received by Carina from her the lawyer concerned does not finish the case
employer in settlement of the case, plus 6% successfully in favor of his client, because a
legal interest from the date of filing of the lawyer who quits or is dismissed before the
motion for intervention, until fully paid. completion of his task is as much entitled to
The intervenors claimed that they were protection of the rule. (Rule 16.03; Palanca v.
dismissed without justifiable cause prior to Pecson)
the signing of the compromise agreement
for the reason that Carina, their client, Counsel’s claim for attorney’s fees may
wanted to evade payment of their legal be asserted either in the very action in which
fees. Carina claimed they were dismissed the services in question have been rendered
because Attys. Casal and Casos, who for or in a separate action. If the first
personally handled her case, had resigned alternative is chosen, the Court may pass upon
from the law firm to join the government, said claim even if its amount were less than the
and because of the negligence and failure of amount prescribed by law for the jurisdiction
her lawyers to attend to her case. In reply, of said court, upon the theory that the right to
the intervenors said that the engagement recover attorney’s fees is but an incident of the
was with the law firm and not with
Sison, PKD.
case in which the services of counsel have Carina’s lawyers. When the other party to the
been rendered. (Quirante v. IAC) case is also guilty of fraud in the payment of
legal fees, he becomes a joint tortfeasor and
While a claim for attorney’s fees may should be held solidarily liable with Carina. By
be filed before the judgment is rendered, the participating in the fraud, Carina’s employer
determination as to the propriety of the fees or also becomes liable even if Casals, Casos and
as to the amount thereof will have to be held in Associates was hired only to represent Carina.
abeyance until the main case from which the (Malvar v. Kraft Foods)
lawyer’s claim for attorney’s fees may arise
has become final. Otherwise, the (e) May the intervenors collect legal
determination to be made by the courts will be interest in addition to their attorneys’ fees?
premature. Of course, a petition for attorney’s
fees may be filed before the judgment in favor A: No. Legal interest cannot be imposed on
of the client is satisfied or the proceeds thereof attorney’s fees because it is not an ordinary
delivered to the client. contract of loan or a forbearance of money.
The rule on payment of legal rate of interest in
(c) Can Carina refuse to pay attorneys’ fees the event of default applies only to ordinary
on the ground that the lawyers who obligations and contracts. (Bach v. Ongkiko,
personally handled her case had already Kalaw, Manhit, and Acorda Law Office)
resigned from the law firm with which she
had contracted? IV.
A: No. when a client engages a law firm to Atty. Cornelio Carbon, 36 years of age, had
represent him, his contract is with a law firm always dreamed of becoming a judge, and
and not with the individual lawyers. The eventually, a justice, but his legal career
resignation, illness or inability of some of their took a different turn. Upon graduation, he
lawyers will not affect the ability of the law joined a government-owned financial
firm to continue its services. It does not institution where he worked in the Loans
extinguish the lawyer-client relationship and Claims Division. He also taught
between the law firm and the client. The mere Negotiable Instruments Law in a nearby
fact the lawyer designated to handle the case, law school at night. He has been active in
left the law office is of no moment (BR his IBP Chapter and other law
Sebastian Ent., Inc. v. CA; Alcantara v. Atty. organizations. However, in his 12 years of
Samuel Salas). It cannot be used to evade practice, he has never done trial or
payment of attorneys’ fees due to the law firm litigation work.
otherwise, it would result in solutio indebiti.
(a) Is Atty. Carbon engaged in the "practice
(d) May Carina’s employer, defendant in of law"?
this case, be held solidarily liable with
Carina for the payment of the attorneys’ A: Yes, he is engaged in the practice of law.
fees of Carina’s lawyers? Practice of law is “any activity in or out of court
which requires the application of law, legal
A: Yes. If the evidence shows that the employer procedure, knowledge, training and
of Carina imposed the “no lawyers in the experience” (Cayetano v. Monsod). Work in
negotiation of the compromise agreement the government that requires the use of legal
rule” because of connivance in evading knowledge is considered practice of law
payment of Carina’s lawyers, then the (Lingan v. Calubaquib; Fajardo v. Alvarez).
defendant employer should be held solidarily Lawyers who teach law are considered
liable in the payment of attorney’s fees to engaged in the practice of law (Re: Letter of the
Sison, PKD.
UP Faculty). Practice of law does not require immorality. Atty. Carlos and Atty. Cristina
actual appearance in court or trial work raised the following defenses:
preparation of documents or giving legal
advice is sufficient. a) the acts complained of took place before
they were admitted to the bar; and
(b) Is Atty. Carbon qualified to become a
Regional Trial Court Judge? b) Atty. Carlos’ marriage to Corinne was
void ab initio due to his subsisting first
A: Yes, as long as he is a natural-born citizen of marriage with Consuelo, and they were
the Philippines, at least 35 years of age, and free to marry after Consuelo died.
has practiced law or held public office
requiring practice of law for at least 10 years. Rule on each defense.
There is no requirement that he should have
done actual trial or litigation work. A: a.) The defense is not proper since it is
immaterial that the acts complained of were
Practice of law is “any activity in or out committed before they were admitted to the
of court which requires the application of law, bar. The possession of good moral character is
legal procedure, knowledge, training and both a condition precedent for admission to
experience”. Generally, to practice law is to the bar and a continuing condition to remain a
give notice or render any kind of service, member of the legal profession.
which device or service requires the use in any
degree of legal knowledge. (Cayetano v. In a case, the SC ruled that admission
Monsod) to the bar does not preclude a subsequent
judicial inquiry, upon proper complaint, into
V. any question concerning the mental or moral
fitness of the respondent before he became a
Carlos contracted two marriages: the first lawyer. Admission to the practice only creates
was with Consuelo, whom he left in the the rebuttable presumption that the applicant
province, and the second was with Corinne has all the qualifications to become a lawyer;
in Manila, with whom he had six (6) this may be refuted by clear and convincing
children. Both women were unaware of evidence to the contrary even after admission
Carlo’s marriage to the other. to the Bar. (Garrido v. Garrido)
When Carlos entered law school, he met b.) No, the defense is not valid. In the case of
Cristina, a classmate, to whom he confided Garrido, the SC ruled that:
his marital status. Not long after, Carlos and
Cristina became involved in an “While Atty. Valencia contends that
extramarital affair, as a result of which Atty. Garrido’s marriage with Maelotisea was
Carlos left Corinne and their children. null and void, the fact remains that he took a
During Carlos and Cristina’s senior year in man away from a woman who bore him six (6)
law school, Consuelo passed away. After children. Ordinary decency would have
their admission to the bar, Atty. Carlos and required her to ward off Atty. Garrido’s
Atty. Cristina decided to get married in advances, as he was a married man, in fact a
Hong Kong in a very private ceremony. twice-married man with both marriages
When Corinne learned of Carlos and subsisting at that time; she should have said no
Cristina’s wedding in Hong Kong, she filed to Atty. Garrido from the very start. Instead,
a disbarment case against Atty. Carlos and she continued her liaison with Atty. Garrido,
Atty. Cristina on the ground of gross driving him, upon the death of Constancia,
away from legitimizing his relationship with
Sison, PKD.
Maelotisea and their children. Worse than this, Can Atty. Colorado be sanctioned for his
because of Atty. Valencia’s presence and actions?
willingness, Atty. Garrido even left his second
family and six children for a third marriage A: Yes. Atty. Colorado can be sanctioned for his
with her. This scenario smacks of immorality actions. Under the Rules, an attorney who
even if viewed outside of the prism of law. undertakes to conduct an action impliedly
stipulates to carry it to its conclusion. He is not
We are not unmindful of Atty. at liberty to abandon it without reasonable
Valencia’s expressed belief that Atty. Garrido’s cause.
second marriage to Maelotisea was invalid;
hence, she felt free to marry Atty. Garrido. While the right of the client to
While this may be correct in the strict legal terminate the relation is absolute, i.e., with or
sense and was later on confirmed by the without a cause, the right of the attorney is to
declaration of the nullity of Atty. Garrido’s withdraw or terminate the relation other than
marriage to Maelotisea, we do not believe at all for sufficient case is considerably restricted.
in the honesty of this expressed belief.” Among the fundamental rules of ethics is the
principle that an attorney who undertakes to
VI. conduct an action impliedly stipulates to carry
it to its termination. He is not at liberty to
Mrs. Conchita Conchu engaged the services abandon it without reasonable cause.
of Atty. Carlo Colorado to act as private
prosecutor to handle a criminal case The grounds wherein a lawyer may
against persons suspected of slaying her withdraw his services are well-defined (Rule
husband. Atty. Colorado performed his 22.01). whether or not a lawyer has a valid
duties – he interviewed witnesses to build cause for withdrawing from a case, he cannot
up his case and religiously attended just do so and leave the client out in the cold
hearings. However, he failed to attend one unprotected. An attorney may only retire from
hearing (allegedly because he did not a case either by written consent of his client or
receive a notice) in which the court, over by permission of the court after the due notice
Mrs. Conchu’s objections, granted bail to all and hearing, in which event the lawyer should
the accused. Mrs. Conchu belligerently see to it that the name of the new counsel is
confronted Atty. Colorado about his recorded in the case. (Sauteco v. Atty. Luna
absence. Stung by Mrs. Conchu’s words, Avance; Chang v. Atty. Jose Hidalgo)
Atty. Colorado filed with the court a
“Motion to Withdraw as Counsel”. The VII.
motion did not bear the consent of Mrs.
Conchu, as in fact, Mrs. Conchu refused to Atty. Celso Casis’ relationship with Miss
sign her conformity to Atty. Colorado’s Cory Cerrada began when he represented
withdrawal. Meanwhile, the hearing in the her in several criminal cases for estafa and
criminal case continued, but Atty. Colorado violation of B.P. 22. His expertise and
no longer appeared at the hearings nor did diligence in personally assisting and
he contact Mrs. Conchu. Mrs. Conchu then facilitating her release on bail and other
filed a complaint seeking disciplinary legal actions saved her from many legal
sanctions against Atty. Colorado. Atty. predicaments. Despite her initial
Colorado cited “loss of confidence” and resistance, Miss Cerrada, convinced by
“serious differences” with the client as his Atty. Casis’ sincerity and representation
reasons for withdrawing his services that he was separated from his wife and
unilaterally. was taking necessary steps for the
annulment of his marriage, began to live
Sison, PKD.
with him openly as husband and wife. One restaurant business. Interested applicants
day, Atty. Casis’ wife suddenly entered Miss may submit applications to Branch XXX,
Cerrada’s home and assaulted her, RTC of Camarines Sur." The screening of
inflicting injuries. Miss Cerrada then filed a some applicants was also conducted in the
complaint with the IBP charging Atty. Casis Judge's office.
with gross immorality and gross
misconduct. However, shortly afterwards, What provisions, if any, of the Code of
upon Atty. Casis’ pleas, Miss Cerrada filed a Judicial Conduct did Judge Camarin
motion to withdraw complaint. The IBP violate?
had required Atty. Casis to file an answer
but he did not do so, relying on Miss A: The judge violated the following rules:
Cerrada’s withdrawal of the complaint
against him. Canon 11, Rule 2.00 – A judge should avoid
impropriety and the appearance of
Can the IBP continue to investigate Atty. impropriety in all activities.
Casis and recommend the imposition of
sanctions against him, and for the Court to Canon 5, Rule 5.02 – A judge shall refrain from
impose sanctions, if warranted, financial and business dealing that tend to
notwithstanding Miss Cerrada’s filing of reflect adversely on the court's impartiality,
the motion to withdraw the complaint interfere with the proper performance of
against him? judicial activities or increase involvement with
lawyers or persons likely to come before the
A: Yes. The IBP can continue to investigate court. A judge should so manage investments
Atty. Casis. A disbarment proceeding is sui and other financial interests as to minimize
generis, neither a civil or a criminal action. Not the number of cases giving grounds for
being a civil action, the complainant is not a disqualifications.
plaintiff nor the respondent a defendant. It
involves no private interest and affords no Canon 5, Rule 5.03 – Subject to the provisions
redress for private grievances. A disciplinary of the proceeding rule, a judge may hold and
action is in reality an investigation by the court manage investments but should not serve as
into the misconduct of its officer or an officer, director, manager or advisor, or
examination into his character. Desistance or employee of any business except as director of
withdrawal of the disbarment case does not a family business of the judge.
exonerate the respondent. If the evidence on
record warrants, the respondent may be Furthermore, the New Code of Judicial
suspended or disbarred despite the desistance Conduct for the Philippine Judiciary provides:
of the complainant or his withdrawal of the
charges. (Rayos-Ombac v. Rayos; Ventura v. Canon 4, Sec. 1 – Judges shall avoid
Atty. Danilo Samson; Atty. Pedro Aguirre v. impropriety and the appearance of
Atty. Crispin Reyes) impropriety in all of their activities.
VIII. Sec. 7 – Judges shall inform themselves about
their personal fiduciary financial interests and
Judge Celso Camarin posted in the bulletin shall make reasonable efforts to be informed
board of his sala for two weeks, an about the financial interests of members of
advertisement which says: "Wanted their family.
attractive waitresses, personable waiters
and cooks who may be interested in Sec. 8 – Judges shall not use or lend the
applying for employment in my family's prestige of the judicial office to advance their
Sison, PKD.
private interests, or those of a member of their examination supplementing those made by

family or of anyone else, nor shall they convey Prosecutor Viernes and far exceeding the
or permit others to convey the impression that latter’s questions in length. The “cold
anyone is in a special position improperly to neutrality of an impartial judge” requirement
influence them in the performance of judicial of due process was certainly denied the
duties. defendant when the court, with its
overzealousness, assumed the dual role of
IX. magistrate and advocate (Tabuena v.
Sandiganbayan). If a judge asks questions to a
In a case pending before the witness, the same should only be geared
Sandiganbayan, the Sandiganbayan towards clarification of certain factual matters
justices themselves actually took part in the judge would like to be informed of for a
the questioning of a defense witness and better application of the facts and evidence.
the accused. The records show that, while a
witness was asked 16 questions on direct X.
examination by the defense counsel and six
(6) questions by the prosecutor on cross- In a complaint for disbarment, Connie
examination, one justice interjected a total alleged that she engaged the services of
of 27 questions. After the defense opted not Atty. Cesar Corpuz in the preparation and
to conduct any re-direct examination, execution in her favor of a Deed of Sale over
another justice asked 10 more questions. a parcel of land from her common-law
With respect to one of the accused, both husband. Subsequently, Atty. Corpuz filed a
justices asked a total of 67 questions after civil case on behalf of Constancia, the legal
cross-examination, and with respect to the wife of Connie’s common-law husband, for
other accused, a total of 41 questions after the annulment of the Deed of Sale,
cross-examination. More importantly, the impleading Connie as defendant.
questions of the justices were in the nature
of cross-examinations characteristic of In his defense, Atty. Corpuz asserted that,
confrontation, probing, and insinuation. with the permission of Constancia, he
wrote a letter to Connie informing the
Is this manner of questioning proper? latter of Constancia’s adverse claim and
urging her to settle the same, but Connie
A: Yes. A trial judge has the right to question ignored his letter. He also said that Connie
witnesses with a view to satisfying his mind did not object to his handling of the case on
upon any material point which presents itself behalf of Constancia; therefore, he felt free
during the trial of a case over which he to file the complaint against her.
presides. But not only should his examination
be limited to asking “clarificatory” questions, Is Atty. Corpuz guilty of misconduct for
the right should be sparingly and judiciously representing conflicting interests?
used, for the rule is that the court should stay
out of it as much as possible, neither A: Yes. Canon 15 of the CPR provides that a
interfering nor intervening in the conduct of lawyer shall not represent conflicting interests
the trial. Here, these limitations were not except by written consent of all concerned
observed. Hardly in fact can one avoid the given after a full disclosure of the facts. Atty.
impression that the Sandiganbayan had allied Corpuz was clearly guilty of misconduct for
itself with, or to be more precise, had taken the representing conflicting interests. Not only did
cudgels for the prosecution in proving the case Atty. Corpuz agree to represent one client
against the defendant when the Justices cross- against another client in the same action, he
examined the witnesses, their cross- also accepted a new engagement that required
Sison, PKD.
him to oppose the interest of his other client in Corinna’s name, she filed an action with the
a property in which his legal service had been Commission on Bar Discipline (CBD) in
previously retained. Atty. Corpuz did not 2014 for deceit, malpractice, and conduct
qualify for the exception under Canon 15. He unbecoming of a member of the Bar. In his
did not make a full disclosure of facts to Connie defense, Atty. Calumpang asserted that,
and Constancia before he accepted the new since the acts complained of took place
engagement from Constancia. He failed to more than 10 years ago, the case had
obtain the written consent of his two clients as already prescribed.
required under Canon 15. (Josefina M. Aniñon
v. Atty. Clemencio Sabitsana, Jr.) Rule on the defense of Atty. Calumpang.
XI. A: A disbarment proceeding is imprescriptible

which is not subject to the defense of
Atty. Claire Cortez, a member of the prescription. The ordinary statutes of
Philippine Bar who was also admitted to limitations have no application to disbarment
the New York Bar, was disbarred from the proceedings (Calo v. Degamo; Frias v. Bautista-
practice of law in New York for violation of Lozada; Heck v. Santos). However, an
Anti-Money Laundering laws of that State. unexplained long delay in the filing of an
She returned to the Philippines in order to administrative case creates suspicion on the
resume her Philippine law practice. motives of the complainant (Salamanca v.
Bautista). Disciplinary proceedings against
Can she also be disbarred from practicing lawyers are sui generis in that they are neither
law in the Philippines for the same purely civil nor purely criminal; they involve
infraction committed in the foreign investigations by the Court intro conducts of
jurisdiction? its officers (Pena v. Aparicio; Dizon v. Atty.
Norlita de Taza)
A: Yes, she can, if the ground for which she was
disbarred in New York is also a ground for XIII.
disbarment in the Philippines. But she is
entitled to due process and she can be Dr. Cielo is a well-known medical doctor
disbarred here only after notice and hearing. specializing in cosmetic surgery. Dr. Cielo,
The disbarment decision in New York will only together with a team of doctors, performed
constitute prima facie evidence of her guilt. (In a surgical buttocks enhancement
re: Maquera) procedure in her clinic on Ms. Cossette
Cancio (Cancio). Unfortunately, after a
XII. couple of years, the implant introduced
during the enhancement procedure caused
From February to November 2004, Atty. infection and Cancio became seriously ill.
Calumpang, in fraudulent connivance with
brokers, convinced Corinna to deliver to Concio filed a criminal action for medical
him advance money for the titling of a malpractice against Dr. Cielo which was
beachfront property in Caramoan. Six (6) eventually dismissed for failure to prove
months had elapsed and Atty. Calumpang that Dr. Cielo was negligent. Cancio was
had made absolutely no progress in the represented in this action by Atty. Cogie
titling of the land. He also could not return Ciguerra (Ciguerra). After they lost the
the advance money paid by Corinna medical malpractice case, Ciguerra started
because he had converted the money to his writing a series of posts on his Facebook
personal use. After almost a decade, and (FB) account containing insulting and
the property could still not be titled in verbally abusive language against Dr. Cielo.
Sison, PKD.
Among others, Ciguerra called Dr. Cielo a destroy their name or reputation or bring
quack doctor, "reyna ng kaplastikan at them into disrepute.” (Ma. Victoria G. Belo-
kapalpakan", and accused her of Henares v. Atty. Roberto “Argee” C. Guevarra)
maintaining a payola or extralegal budget
to pay off prosecutors and judges in order XIV.
to win her cases. He also called on patients
to boycott the clinic of Dr. Cielo. Cacai, a law student, filed an administrative
complaint against RTC Judge Casimiro
Dr. Cielo filed a disbarment case against Conde, her professor in law school, based
Ciguerra for posting on his FB account on the following allegations:
sexist, vulgar, and obscene comments and
language disrespectful of women. (a) In a school convocation where Judge
Ciguerra's defense is that his FB posts were Conde was the guest speaker, Judge Conde
private remarks on his private FB account openly disagreed and criticized a recently-
and meant only to be shared among his FB decided Supreme Court decision and even
friends, and Dr. Cielo was not part of them. stressed that the decision of the Supreme
He also claimed that the disbarment case Court in that case was a serious violation of
was filed in violation of his the Constitution.
constitutionally-guaranteed right to
privacy. The Court, however, found that (b) In his class discussions, Judge Conde
Ciguerra did not have privacy settings. named Cacai’s mother, an MTC judge, as
one of the judges involved in a marriage
Can Ciguerra be disbarred for the series of scam. At that time, the case against her
posts against Dr. Cielo in his FB account? mother was still pending. Judge Conde also
included in his class discussion Cacai’s
A: Yes. A lawyer’s defense of privacy by point brother whom he referred to as a “court-
out that he failed to prove that he used the noted drug addict.”
privacy tools of Facebook to limit his messages
to his “friend” is not correct (Ma. Victoria G. Cacai asserted that the acts of Judge Conde
Belo-Henares v. Atty. Roberto “Argee” C. were open displays of insensitivity,
Guevarra). Even if he did so there is no impropriety, and lack
guarantee that his friends will not pass on his of delicadeza bordering on oppressive and
messages to their friends. abusive conduct. She also alleged that
Judge Conde acted with absolute disrespect
As to the defense of freedom of speech, for the Court and violated the “sub judice
the SC ruled: rule” when he discussed the marriage scam
involving her mother because, at that time,
“Time and again, it has been held that the case was still pending.
the freedom of speech and of expression, like
all constitutional freedoms, is not absolute.69 In his defense, Judge Conde argued that the
While the freedom of expression and the right case he discussed in the school convocation
of speech and of the press are among the most was already of public knowledge and had
zealously protected rights in the Constitution, been published after it had become final.
every person exercising them, as the Civil Code He also said it was part of his academic
stresses, is obliged to act with justice, give freedom to openly discuss and criticize a
everyone his due, and observe honesty and decision of the Court since it was already
good faith. As such, the constitutional right of decided with finality, was patently
freedom of expression may not be availed of to erroneous, and clearly a violation of the
broadcast lies or half-truths, insult others, Constitution. With respect to discussions in
Sison, PKD.
class about Cacai’s mother, he said that the and sarcastic comments. Judge Conde can be
marriage scam where her mother was held administratively liable even though his
charged scandalized the Judiciary and improper comments were made in his class
became public knowledge when the Office discussions because ethical conduct is
of the Court Administrator held a press expected of him as a judge not only in the
conference on the matter and, that as a performance of his judicial duties, but in his
citizen, he could comment thereon in the professional and private activities as well. A
exercise of his rights to freedom of speech judge, in order to promote public confidence in
and expression. He also asserted that his the integrity and impartiality of the judiciary,
discussions in both for a could not be the must behave with propriety at all times. A
subject of an administrative complaint judge’s official life cannot be detached or
because they were not done in the separated from his personal existence. Judge
performance of his judicial duties. Conde also violated the sub judice rule which
restricts comments and disclosures pertaining
Rule on each of the charges raised by Cacai, to judicial proceedings in order to avoid
and the corresponding defenses raised by obstructing the administration of justice. At
Judge Conde. the time Judge Conde discussed the marriage
scam, the case was still pending (Tormis v.
A: (a) Under the Rules, judges, like any other Paredes).
citizens, are entitled to freedom of
expressions, belief, association and assembly, XV.
but in exercising such right, they shall always
conduct themselves in such a manner as to Charo Conti engaged the services of Atty.
preserve the dignity of the judicial office and Cesar Compostela for the registration of a
the impartiality of the judiciary (Canon 4, Sec. property located in Cebu, and which
6, the New Code of Judicial Conduct). Judge property she had inherited together with
Conde, however, should not have criticized in her siblings. It was agreed in writing that
public the SC decision as a serious violation of Charo would pay Atty. Compostela PhP
the Constitution. He should have avoided any 20,000 as acceptance fee and PhP 2,000 as
discussion in order to preserve the traditional appearance fee. During the last hearing of
non-involvement of the judiciary in public the case, Atty. Compostela demanded an
discussion of controversial issues (In Re: additional amount of PhP 20,000 for the
Query of the MRTC Lawyers of Zamboanga del preparation of a memorandum, which he
Norte). said would further strengthen Charo's
position, plus 20% of the total area of the
(b) Judge Conde is guilty of conduct property as additional fees for his services.
unbecoming of a judge in using intemperate Charo did not agree to Atty. Compostela's
language and unnecessary comments tending demands since they were contrary to their
to project Cacai’s mother as a corrupt and agreement. Besides, the property was co-
ignorant judge and her brother as a drug owned with her siblings and she could not
addict (in his class discussion). While the Code agree to Atty. Compostela's demands
of Judicial Conduct recognizes the right of without the consent of her co-heirs.
judges to freedom of expression, this freedom
should be exercised in a manner that would Four (4) years later, the petition for
preserve the dignity, independence and registration was approved and the Land
respect for himself and the judiciary as a Registration Authority notified Charo that
whole. A magistrate should not descend to the the decree of registration and the original
level of a sharp-tongued, ill-mannered petty of the owner's duplicate copy of the title
tyrant by uttering harsh words, snide remarks had already been transmitted to the
Sison, PKD.
Register of Deeds (RD). When Charo went 5. There is an agreement but the services of the
to the RD, she was surprised to discover lawyer were terminated by the client for just
that the owner's duplicate copy of the title cause.
had already been claimed by, and released
to, Atty. Compostela. Despite demand, Atty. None of these instances exist in this
Compostela refused to deliver the title to case. Atty. Compostela is not entitled to
Charo until she paid the additional additional fees on the basis of quantum meruit.
attorneys' fees that he was demanding.
Charo then instituted a complaint for XVI.
disbarment against him. In his defense,
Atty. Compostela claimed that: On March 1, 2017, sisters and business
partners Carmina and Celeste Corominas
(a) he had a right to retain the owner's borrowed PhP 500,000 from Carmen
duplicate of the title as his retaining lien; Carunungan. It was agreed that the amount
and will be paid in full one (1) year after, or on
March 1, 2018, with interest at the rate of
(b) he was entitled to the payment of 10% per annum, without necessity of a
additional professional fees on the basis of demand. They also agreed to be bound
the principle of quantum meruit. jointly and severally. For this purpose, they
executed a promissory note, secured by a
Rule on Atty. Compostela's defenses. postdated check in the amount of PhP
550,000 drawn from their joint account,
A: (a) A lawyer has a right to retaining lien only which check was dated March 1, 2018.
if there is an agreement as to the amount of his
fees. It does not extend to the subject matter of When the debt became due, Carmen
the action like the title. In this case, there is no deposited the check but it was dishonored
agreement as to Atty. Compostela’s claim for for insufficient funds. Carmen then sued
additional fees. In fact, the client is opposed to Carmina and Celeste for estafa through
the lawyer’s proposal for such additional fees falsification of a commercial document.
especially so that there was no agreement After finding probable cause, the
between them. prosecutor filed a criminal case in court,
where the sisters were required to file
(b) A lawyer is entitled to fees on the basis of their joint judicial affidavit. In their
quantum meruit only in the following cases: affidavit, they raised the defense that they
could not be guilty of estafa because: (i) the
1. There is no agreement between the lawyer check was issued only as a form of security;
and client as to the former’s fees; (ii) even if issued as payment, it was for a
pre-existing debt; and (iii) it was only upon
2. There is an agreement but it is void; Carmen's insistence that they issued the
check.
3. There is an agreement but it has been set
aside by the parties themselves; Before the case could be decided, the
sisters offered to settle their debt through
4. There is an agreement but the court has set a dacion en pago. They offered a Honda CRV
is aside because it found the fees to be which they jointly owned in full settlement
unconscionable; of the loan. Carmen agreed.
Sison, PKD.
Prepare the following documents in legally A person shall not perform a notarial
acceptable and enforceable forms, based act if the person involved as signatory to the
on the above facts: instrument or document:
(a) The promissory note; (1) is not in the notary’s presence

personally at the time of the
(b) The judicial affidavit (10%); and notarization;
(2) is not personally known to the notary
(c) The dacion en pago public or otherwise identified by the
notary public through competent
2019 evidence of identity as defined by
these Rules. (Sec. 2(b), Rule IV of the
PART I Rules of Notarial Practice)
A.1. (b) May Atty. A be also held liable under the

Code of Professional Responsibility for the
Atty. A, a duly licensed notary public, has same infractions committed by him as a
maintained several notarial registers in his notary public? Explain.
separate offices in order to cater to the
needs of his clients and accommodate their A: Yes, Atty. A may also be held liable under the
growing number. Due to Atty. A's busy CPR because by violating the Rules on Notarial
schedule, Atty. A's secretary would usually Practice, he, in effect, also committed acts that
perform the notarial acts on his behalf. adversely reflects on his fitness to practice
law.
Sometime in April 2017, Mrs. B, an
Overseas Filipino Worker staying in (c) What does the phrase "competent
Singapore, sought the legal services of Atty. evidence of identity" refer to under the
A for the nullification of her marriage. Rules on Notarial Practice?
Consequently, Atty. A drafted a petition
with verification which was sent from his A: Under the law, “competent evidence of
law office in Manila to Singapore for the identity” is the identification of an individual
signature of Mrs. B, who, after signing the based on at least one current identification
same, sent it back to Atty. A. When the document issued by an official agency bearing
document arrived in Atty. A's office, his the photograph and signature of the
secretary, as per usual practice, notarized individual. It may also refer to the oath or
the signed document upon Atty. A's affirmation of one credible witness not privy
instruction. to the instrument, document or transaction,
who is personally known to the notary public,
(a) Name at least two (2) violations of the and who personally knows the individual, or of
Rules on Notarial Practice committed by two credible witnesses neither of whom is
Atty. A. privy to the instrument, document or
transaction who each personally knows the
A: Atty. A violated the rule that a notary public individual and shows to the notary public
shall maintain only one active notarial register documentary identification. (Sec. 12, Rules of
at any given time. Atty. A also violated the rule Notarial Practice; Angeles et. al. v. Atty. Amado
that only lawyers can be notaries public in the Ibañez)
Philippines when he allowed his secretary to
perform notarial acts on his behalf. A.2.
Sison, PKD.
Y, who is a businessman, and Atty. X are A: The answer must be qualified.

good friends. Due to their closeness, Atty. X
was able to borrow ₱300,000.00 from Y, The prayer for the return of the
which amount was intended to refurbish acceptance fee may prosper. The CPR provides
Atty. X's law office. that a lawyer shall deliver the funds and
property of his client when due or upon
Months after, Y got into a contractual demand. The Php 50,000 acceptance fee must
dispute with Z, one of his business be returned by Atty. X since he failed to
partners. Hence, Y sought the legal services provide the legal service he was hired to do.
of Atty. X for the filing of the proper action
against Z. In consideration for his legal However, the Php 300,000 personal
services, Y paid Atty. X an acceptance fee of loan will not prosper since it was not received
₱50,000.00. by Atty. X in a professional capacity. Y must file
a separate action in order to recover the loan
Unfortunately, Atty. X and Y's relationship he extended to Atty. X.
turned sour. Thus, all communications
between them were cut, and worse, Atty. X A.3.
failed to file the required initiatory
pleading against Z on the date agreed upon. Pending resolution of a high-profile case
Aggrieved, Y filed an administrative against him, Justice K uttered, in a public
complaint, seeking that Atty. X be forum hosted by a local Integrated Bar of
sanctioned and that the ₱50,000.00 the Philippines chapter, his comments on
acceptance fee and the ₱300,000.00 the perceived bias of the court against him,
personal loan be returned to him. as well as on the issues raised by the
complainants, his defenses, and the
(a) What administrative violation/s did commentaries published by some local
Atty. X commit, if any? Explain. newsmen in relation to the case. This is
only one instance of his many appearances
A: Atty. X violated the CPR and may be held in different gatherings of such nature in
liable for negligence when he failed to file the order to defend his public image.
required initiatory pleading against Z. He
cannot justify his negligence by invoking as a (a) Did Justice K, in his capacity as a lawyer,
defense that his relationship with Y turned commit any violation of the Code of
sour. Moreover, Atty. X may be held Professional Responsibility? If so, what
accountable for the acceptance fee and rule did Justice K violate? Explain.
personal loan he received from Atty. X. His
conduct is indicative of the lack of integrity A: Yes, in this case, Justice K violated the sub
and propriety and violation of the trust judice rule. Under the law, the sub judice rule
reposed on him. When lawyers receive money restricts comments and disclosure pertaining
from his client for a particular purpose, the to judicial proceedings in order to avoid
lawyer is bound to render an accounting to the prejudging the issue, influencing the court, or
client showing that the money was spent for obstructing the administration of justice.
the intended purposes, otherwise, he must Justice K violated such rule when he aired his
return it. (Meneses v. Atty. Macalino) sentiments to the media, fully aware that the
case was still pending resolution before the
(b) May Y's prayer for the return of the court (In Re: Show Cause Order in the Decision
₱50,000.00 acceptance fee and the dated May 11, 2018 in G.R. No. 237428; Rep. v.
₱300,000.00 personal loan prosper? Sereno)
Explain.
Sison, PKD.
(b) Arguing that he should be treated as (b) What is the duty of a lawyer when, in the
any other ordinary litigant in the said case, course of his representation, he discovered
may Justice K validly claim that his that his client committed fraud upon a
comments were made in a purely private person or a tribunal?
capacity and hence, not subject to
administrative sanction? Explain. A: When the lawyer discovers that his client
committed fraud upon a person or tribunal.
A: No, Justice K cannot validly claim that his The lawyer must still keep such information
comments were made in a purely private confidential. Since the information was
capacity. A lawyer, more so a justice, is discovered at a time when there was an
expected to observe and maintain the respect existing client-lawyer relationship, all
due the courts and its processes at all times. By information discovered or disclosed during
violating the sub judice rule, Justice K such time is considered privileged
disrespected the court and cannot invoke as a communication. The lawyer cannot divulge
defense that the sentiments were aired in a the information since he is expected to act
private capacity (In Re: Show Cause Order in with candor, fairness, and loyalty in all his
the Decision dated May 11, 2018 in G.R. No. dealings with his clients. (Canon 21, Rule
237428; Rep. v. Sereno) 21.01, CPR)
A.4. A.5.
Mr. L sought legal advice from his lawyer, P was dismissed by his former employer,
Atty. M, regarding the possibility of Company X, for allegedly misappropriating
annulling his marriage. In the course of company funds entrusted to him. P alleged
their conversation, Mr. L mentioned that he that there was no proof to substantiate the
would be able to immediately pay Atty. M's same; hence, his dismissal was invalid.
legal fees because he received a huge
kickback from a favored supplier in Aggrieved, P engaged the services of ABCDE
relation to his work as member of his Law Office to represent him in an illegal
Municipality's Bids and Awards dismissal case against Company X. Atty. A, a
Committee. partner of the said law firm, was assigned
to handle P's case. Eventually, the illegal
(a) Is the communication made by Mr. L to dismissal case was terminated upon
Atty. M regarding the kickback he received settlement by all parties, and thus, P's
presumed to be confidential? Explain. engagement with ABCDE Law Office ceased.
A: Yes, the communication made by Mr. L to Two (2) years after, a criminal case for
Atty. M regarding the kickback is presumed Qualified Theft was filed by Company X
confidential because it was made on account of against P based on the same events which
the prospective lawyer-client relationship. led to his dismissal. To his surprise, P found
Matters disclosed by a prospective client to a out that Company X was being represented
lawyer are protected by the rule on privileged by ABCDE Law Office in the criminal case.
communication in order for the prospective Decrying a violation of the rule on conflict
client to feel free to discuss whatever he of interest, P filed an administrative
wishes with the lawyer without fear that what complaint against Attys. A, B, C, D, and E, the
he tells the lawyer will be divulged or used partners of ABCDE Law Office.
against him, and for the lawyer to be equally
free to obtain information from the (a) Was the rule on conflict of interest
prospective client. violated in this case? Explain.
Sison, PKD.
A: Yes, the rule on conflict of interest was desistance and withdrawal of the
violated in this case because ABCDE Law Office complaint on the ground that she
represented inconsistent interests. In order to mistakenly filed the complaint out of
defend Company X, ABCDE Law Office had to jealousy.
oppose the arguments it raised when Atty. A, a
partner, represented P in the illegal dismissal What is the effect of Y's filing of an affidavit
case. Moreover, by agreeing to represent of desistance and the withdrawal of her
Company X, ABCDE Law Office will injuriously complaint in the administrative case
affect P’s interest since they will be called upon against Atty. U? Explain.
by this new relation to use against P any
knowledge acquired during the time P was A: The affidavit of desistance and withdrawal
their client. of Y’s complaint has no effect on the
administrative case filed against Atty. U. Since
(b) Is the prior termination of P's administrative cases against lawyers are sui
engagement with ABCDE Law Office a valid generis, and it is neither civil nor criminal in
defense to the administrative charge nature, the withdrawal of the complaint does
against Attys. A, B, C, D, and E? Explain. not affect the proceedings. The main question
in this kind of proceedings is whether
A: No, the termination of the services of ABCDE respondent is still fit to continue to be an
Law Office is not a valid defense to the officer of the court, not if he or she is civilly
administrative charge. The confidential nature liable (Chan v. Atty. Rebene C. Carrera; Ceniza
of the information obtained pursuant to a v. Atty. Ceniza, Jr.; Narag v. Narag)
client-lawyer relationship does not end when
the relationship is terminated. A.7.
(c) May Attys. B, C, D, and E be held Every new lawyer must be acquainted with
administratively liable for violating the the consequences of noncompliance with
rule on conflict of interest despite the fact the essential obligations attendant to the
that it was only Atty. A, the handling legal profession. Among these obligations
lawyer, who had knowledge of P's are compliance with the requirements on
engagement as a client? Explain. Mandatory Continuing Legal Education
(MCLE), and payment of Integrated Bar of
A: Yes, Attys. B, C, D, and E may still be held the Philippines (IBP) dues.
administratively liable even though it was only
Atty. A who handled P’s case. In this case, P (a) What are the consequences of non-
engaged the services of the law firm, and it was compliance with the requirements on
only Atty. A who happened to be assigned to MCLE?
his case. The other lawyers cannot invoke the
defense that they were unaware of P’s A: Failure to comply with the requirements on
engagement as a client since they work in the MCLE will result in the lawyer being listed as a
same office. delinquent member of the bar. Moreover, the
lawyer will not be allowed to practice law until
A.6. such time as adequate proof of compliance is
received by the MCLE Committee (Bar Matter
Atty. U was being investigated by the 850 re: MCLE). The practice of law is a mere
Integrated Bar of the Philippines regarding privilege which is subject to regulation by the
a complaint for immorality filed by his wife, Supreme Court.
Y. Pending resolution of the case,
complainant Y filed an affidavit of
Sison, PKD.
(b) What are the consequences of non- O had asked forgiveness from his children
payment of IBP dues? and maintained a cordial relationship with
his complainant wife. He also submitted a
A: According to the IBP By-laws, any member certification from the parish priest and
who has not paid his membership dues shall members of the Integrated Bar of the
be considered as dues-delinquent members. If Philippines chapter to which he belongs of
the delinquency continues until the following his civic mindedness and good moral
December 31, the Board of Governors shall by character.
Resolution forthwith suspend all his
membership privileges other than the practice Based on the guidelines for the
of law. The Board shall promptly inquire into reinstatement of a disbarred lawyer, may
the cause or causes of the delinquency and Mr. O be reinstated as a member of the Bar?
take whatever action it shall deem Explain.
appropriate, including a recommendation to
the Supreme Court for the suspension of the A; Yes, Mr. O may be reinstated as a member of
delinquent member from the practice of law. the Bar. According to jurisprudence, the Court
will grant judicial clemency only if there is
A.8. proof of reformation and a showing of
potential and promise. Mr. O has provided
A lawyer advertised in the newspaper the sufficient proof of remorse and reformation
following: since he maintains a cordial relationship with
his wife and children. Moreover, his civil
"Expert in annulment of marriage. Fast and mindedness and good moral character are
sure. Consult anytime." attested to by the parish priest and members
of the Integrated Bar of the Philippines.
Is the advertisement proper? Explain.
A.10.
A: The advertisement above is not proper.
While the solicitation of legal business is not Atty. B is a newly admitted member of the
entirely proscribed, such act must be Philippine Bar. As a means to manage his
compatible with the dignity of the legal heavy case load, Atty. B delegated the
profession. By stating that he is an expert in preparation and signing of all motions for
annulment of marriages, the lawyer, in effect, extension of time to his secretary, Ms. D. On
erodes and undermines not only the stability the signature page of every motion, the
but also the sanctity of an institution still following would appear:
considered sacrosanct despite the
contemporary climate of permissiveness in "Ms. D for B Law Office"
our society. A lawyer shall not do or permit to
be done any act designed primarily to solicit X, one of Atty. B's clients, expressed
legal business (Rule 2.03 and 3.01, CPR; Atty. concern over such practice. Atty. B
Khan, Jr. v. Sambillo) reassured him that the same is completely
permissible as lawyers are allowed to
A.9. devise means to efficiently manage their
workload. Besides, Ms. D is acting under his
Mr. O was disbarred from the practice of full knowledge and authority.
law in 2009 for gross immorality. Ten (10)
years later, at age 58, he asked for judicial Does the practice of Atty. B of having his
clemency and filed a petition for his motions for extension of time signed by Ms.
reinstatement in the Roll of Attorneys. Mr.
Sison, PKD.
D constitute any violation of the Code of very drunk and in the act of dancing naked
Professional Responsibility? Explain. by the seashore. The photos were uploaded
to a social media site and became viral.
A: Yes, the delegation of signing motions for
extension of time by Atty. B to Ms. D May Judge B be subjected to any
constitutes a violation of the CPR. Under the disciplinary sanctions? Explain.
law, a lawyer shall not delegate to any
unqualified person the performance of any A: Yes, the judge may be subjected to
task which by law may only be performed by a disciplinary sanctions. The law provides that
member of the Bar in good standing. Doing so judges, being subjects of constant scrutiny,
would make the lawyer administratively must accept personal restrictions which may
liable. be viewed as burdensome by the ordinary
citizen and should do so freely and willingly.
PART II By acting so cavalier on their family vacation,
Judge B failed to maintain the propriety
B.11. expected of members of the bench. The
conduct of a judge must be free from
The Cultural Heritage Association of impropriety not only with respect to the
Manila filed an injunction case to stop the performance of his judicial duties but also to
construction of a 40-storey condominium his behavior outside his sale and as a private
building owned by XYZ Corp., a well-known individual. He must behave with propriety at
real estate developer. Eventually, the all times (Dela Cruz v. Judge Bersamina).
injunction case was dismissed with finality Hence, Judge B may be subjected to
by Judge T, and an entry of judgment was disciplinary actions.
issued. Two (2) years later, Judge T bought
condominium units in the same 40-storey B.13.
building owned by XYZ Corp.
(a) Distinguish compulsory from voluntary
Did Judge T commit an act of impropriety? inhibition of judges.
Explain.
A: Compulsory prohibition contemplates a
A: Yes, the judge committed an act of situation where a judge or judicial officer
impropriety. Under the law, judges are cannot sit in any case in which he, or his wife
expected to avoid impropriety and the or child, is pecuniarily interested as heir,
appearance of impropriety in all of their legatee, creditor or otherwise, or in which he
activities. Since Judge T was the one who is related to either party within the 6th degree
dismissed the injunction case, buying of consanguinity or affinity, or to counsel
condominium units in the same 40-storey within the 4th degree, computed according to
building owned by XYZ Corp gives off the the rules of the civil law, or in which he has
impression that he had a personal interest in been executor, administrator, guardian,
the outcome of the case. Hence, by doing so, trustee or counsel, or in which he has presided
Judge T committed an act of impropriety. in any inferior court when his ruling or
decision is the subject of review, without the
B.12. written consent of all parties in interest,
signed by them and entered upon the record.
Judge B and his family went on vacation in These are the instances where it is
an island resort in Coron, Palawan. One conclusively presumed that judges cannot
night, he was photographed by a local actively or impartially sit and act as the judge.
boatman who witnessed him appearing
Sison, PKD.
On the other hand, voluntary The purpose of this disqualification is

inhibition provides that a judge may, in the to avoid a situation where a judge may factor
exercise of his sound discretion, disqualify into the decision process facts which are not
himself from sitting in a case, for just or valid borne out by evidence. Thus, any kind of
reasons other than those mentioned above. It knowledge of a judge which he obtains
makes clear to the occupants of the Bench that extrajudicially about a case before him should
outside of pecuniary interest, relationship, be sufficient reason for him to recuse from the
there might be other causes that conceivably case. (Umale v. Villaluz)
erode the tacit of objectivity, thus, calling for
inhibition. (Gutang v. CA) Practical Exercises Note: The final three (3)
problems labelled B.15. to B.17. all pertain
(b) State at least two (2) instances when a to the same set of parties and facts.
judge must compulsorily inhibit from a
case. Mr. B, a resident of Quezon City, engaged
you as counsel to assist him in acquiring
A: A judge must compulsorily inhibit from a the house and lot being sold by Ms. S, also a
case when he, his wife, or child is financially resident of Quezon City, which lot is
interested as an heir, legatee, creditor, or covered by Transfer Certificate of Title No.
otherwise in a case. Another instance as to 54321, with an area of 500 square meters,
when the judge should compulsorily inhibit located at Barangay 123, Quezon City,
from a case is when he is related to either party Philippines (subject property). At the
within the 6th degree of consanguinity or meeting where Mr. B, Ms. S, and you were
affinity, or to counsel within the 4th degree, present, the following terms and
computed according to the rules of civil law. A conditions were agreed upon:
judge has both the duty of rendering a just
decision and duty of doing it in a manner 1. the purchase price for the subject
completely free from suspicion as to its property is ₱50,000,000.00;
fairness and as to his integrity. The purpose is
to preserve the people’s faith and confidence 2. Ms. S will pay the capital gains tax and
in the courts of justice. (Garcia v. Dela Peña) documentary stamp tax arising from the
sale, as well as the real estate taxes up to
B.14. the date of the sale, within thirty (30) days
from execution of the deed of sale, while
While driving on his way to court, Judge D the rest of the expenses to effect the
personally witnessed a vehicular accident transfer of title will be shouldered by Mr. B;
between a motorcycle and a car. and
Subsequently, a criminal case arising from
said accident was raffled to his court. 3. Ms. S gave the assurance that the subject
property would be free from any
Should Judge D inhibit from this case? occupant/s within the same thirty-(30) day
Explain. period.
A: Yes, Judge D should inhibit from the case. The Deed of Absolute Sale was scheduled to
The law provides that in order to avoid be signed by the parties on November 24,
partiality, a judge must inhibit when he has 2018 in Quezon City.
personal knowledge of the disputed
evidentiary facts concerning the proceedings. B.15.
Failure to do so may result in a partial decision
and miscarriage of justice.
Sison, PKD.
Draft a Deed of Absolute Sale including the

required notarial certificate reflecting the
foregoing.
[continuation] On December 27, 2018, Mr.

B visited the subject property and found
out that Ms. S's brother, Mr. C, was still
occupying the same. Furthermore, on the
same day, Mr. B checked with the Bureau of
Internal Revenue and discovered that the
capital gains tax and the documentary
stamp tax remained unpaid. Disappointed
with the failure of Ms. S to duly fulfill her
obligations based on their contract, Mr. B
asked for your assistance regarding this
matter.
B.16.
Draft a Demand Letter seeking fulfillment

of Ms. S's obligations under the Deed of
Absolute Sale within fifteen (15) days from
receipt. (5%)
[continuation] Unfortunately, Ms. S did not

heed the demand letter, constraining you,
on behalf of Mr. B, to file the necessary
complaint before the Regional Trial Court
of Quezon City. The complaint was filed on
February 15, 2019, docketed as Civil Case
No. 654321 and was raffled to Branch 77.
Eventually, Ms. S was duly served with
summons on March 15, 2019. However, she
failed to file an answer or any motion
requesting for an extension to file the
same.
B.17.
Draft a Motion to Declare Ms. S in Default

including the required Notice of Hearing.
Sison, PKD.

Bar Questions in Legal Ethics

Uploaded by

Copyright:

Available Formats

Bar Questions in Legal Ethics

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Bar Questions in Legal Ethics

Uploaded by

Copyright:

Available Formats

Labor Law Bar Qs – Ed Vincent C.

2010 monetary considerations in arriving at the

Prepare the following: Atty. X files an administrative complaint

senior partners in light of their A: No. Moral turpitude means everything

“Canon 9. A lawyer shall not directly or For services to be rendered by Atty.

PART II a. What administrative charge/s may be

XVI. A: He did not incur administrative liability.

You are the Investigating Commissioner of XXII.

I. Since my client Limot refuses to forego

II. In their confrontation, Jactar dared

Adherence to rigid standards of mental d. Identification Certificate (IC)

1. Showing that he is a Filipino citizen. 2. Certification from the IBP indicating

VII. If you were to question the inhibition of SB

X. His shingle shows that he has

Judge A accepted a gift consisting of firm fails to do so, it would be considered

fiduciary relationship of the lawyer and client (A) attorney-in-fact

j. The professional standing of the Explain the governing rule.

amicable settlement forged by his Atty. Forma is a member of the Philippine

VI. that a lawyer shall not directly or indirectly

of advertising and encroachment on fees is void due to formal defects of execution;

8. Listings in a telephone directory. the exercise of his sound discretion, disqualify

Gregorio filed an administrative complaint XIX.

Professors. Also Professional the case, which arguments happened to be

Atty. Billy's opponent, Atty. Ally, a very XXIV.

and insulting parties, witnesses, and even 2016

A: Yes. The Revised Rules of Court provides 2. To support the Constitution;

Apollo hired Atty. Dennis to file an action VIII.

should be decided upon evidence produced in preparing an Occupancy Agreement, the

“A wide chasm exists between fair XII.

XIV. Atty. Alex entered into an agreement for his

A. was able to persuade her to execute an

You had just taken your oath as a new VIII.

affidavit constituted a breach of their Is Atty. Kirmet correct? Explain your

Atty. Anna Kirmet was one of Worry Bank's A.

private interests, or those of a member of their examination supplementing those made by

XI. A: A disbarment proceeding is imprescriptible

(a) The promissory note; (1) is not in the notary’s presence

A.1. (b) May Atty. A be also held liable under the

Y, who is a businessman, and Atty. X are A: The answer must be qualified.

On the other hand, voluntary The purpose of this disqualification is

Draft a Deed of Absolute Sale including the

[continuation] On December 27, 2018, Mr.

Draft a Demand Letter seeking fulfillment

[continuation] Unfortunately, Ms. S did not

Draft a Motion to Declare Ms. S in Default

You might also like