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FINAL EXAM

NAME:______________________________ Section: ________________

1. Carlos contracted two marriages: the first was with Consuelo, whom he left in the
province, and the second was with Corinne in Manila, with whom he had six (6)
children. Both women were unaware of Carlo's marriage to the other.
When Carlos entered law school, he met Cristina, a classmate, to whom he
confided his marital status. Not long after, Carlos and Cristina became
involved in an extramarital affair, as a result of which Carlos left Corinne and
their children. During Carlos and Cristina's senior year in law school,
Consuelo passed away. After their admission to the bar, Atty. Carlos and Atty.
Cristina decided to get married in Hong Kong in a very private ceremony.
When Corinne learned of Carlos and Cristina's wedding in Hong Kong, she
filed a disbarment case against Atty. Carlos and Atty. Cristina on the ground
of gross immorality. Atty. Carlos and Atty. Cristina raised the following
defenses:
a) the acts complained of took place before they were admitted to the bar;
and
b) Atty. Carlos' marriage to Corinne was void ab initio due to his subsisting
first marriage with Consuelo, and they were free to marry after Consuelo died.
 
0. In a complaint for disbarment, Connie alleged that she engaged the services of
Atty. Cesar Corpuz in the preparation and execution in her favor of a Deed of Sale over
a parcel of land from her common-law husband. Subsequently, Atty. Corpuz filed a civil
case on behalf of Constancia, the legal wife of Connie's common-law husband, for the
annulment of the Deed of Sale, impleading Connie as defendant. In his defense, Atty.
Corpuz asserted that, with the permission of Constancia, he wrote a letter to Connie
informing the latter of Constancia's adverse claim and urging her to settle the same, but
Connie ignored his letter. He also said that Connie did not object to his handling of the
case on behalf of Constancia; therefore, he felt free to file the complaint against her. Is
Atty. Corpuz guilty of misconduct for representing conflicting interests?
 
0. In need of legal services, Niko secured an appointment to meet with Atty. Henry
of Henry & Meyer Law Offices. During the meeting, Niko divulged highly private
information to Atty. Henry, believing that the lawyer would keep the confidentiality of the
information. Subsequently, Niko was shocked when he learned that Atty. Henry had
shared the confidential information with his law partner, Atty. Meyer, and their common
friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that
Niko never signed any confidentiality agreement, and that he shared the information
with the two lawyers to secure affirmance of his legal opinion on Niko’s problem. Did
Atty. Henry violate any rule of ethics?
 
0. Mrs. Y, a businesswoman, sought the assistance of Atty. X who, unbeknownst to
her, was a PAO lawyer, in filing an action for damages against the Mr. Z. Atty. X
accepted attorney’s fees from Mrs. Y. Later on, Mrs. Y learned that Atty. X was a PAO
lawyer and filed a disbarment case against him. Can Atty. X be disbarred?
1. Atty. Ramon borrowed his client's (Menchu) land title. After eight months,
Menchu demanded its return but he failed to comply and changed his residence. After
Menchu tracked him down, she confronted him about the title. He then offered to just
buy the property and gave her five checks for it but these bounced. Charged with
malpractice, Atty. Ramon answered that his license to practice law cannot be in issue.
He merely incurred civil liability for a failed transaction. Will the malpractice action
prosper? Explain.

6. Mr. Joey owns a 5-hectare parcel of land which is being expropriated as


market site. The government is offering only Php 15 per sqm while Mr.
Joey deserves Php 20 per sqm. Atty. AI agreed to represent Mr. Joey in
the expropriation case on contingent basis in that his attorney's fees shall
be the excess of Php 20 per sqm. Due to expert handling, the
expropriation court awarded Mr. Joey the fair market value of Php 35 per
sqm. Mr. Joey complained to the court that the attorney's fee being
charged is excessive as it amounts to about 63°/o of the award. Decide.

7. Atty. Lorna, a legal officer of a government agency, and Chona, a nurse in


the medical department, were best friends. At one time, Chona consulted
Atty. Lorna about a legal matter, revealing that she is living with a married
man and that she has a child out of wedlock fathered by another man.
Later, the relation between Atty. Lorna and Chona soured. When Chona
applied for promotion, Atty. Lorna filed immorality charges against Chona
utilizing solely the disclosure by the latter of her private life. Chona
objected and invoked confidentiality of information from attorney-client
relationship. Decide.

8. Victor has been legally separated from his wife, Belen for fifteen (15)
years. He has found true love and happiness with Amor and they lived
together as husband and wife. Amor convinced Victor to study law and
gave him financial support. Recently, Victor passed the 2021 Bar
Examinations. Upon knowing this, Belen filed a complaint against Victor
for immorality. Should Victor be allowed to take oath as an attorney?

9. Atty. X represented Mrs. Y in an ejectment case. Atty. X failed to file a


required position paper. Furthermore, Atty. X did not apprise Mrs. Y of the
status of her case. The case was eventually decided against Mrs. Y. Mrs.
Y filed a disbarment case against Atty. X. Atty. X claims that he did not file
the said paper because he knew that Mrs. Y would lose. Furthermore, he
did not receive any fee. Should Atty. X be found administratively liable?

10. Atty. U was being investigated by the Integrated Bar of the Philippines
regarding a complaint for immorality filed by his wife, Y. Pending
resolution of the case, complainant Y filed an affidavit of desistance and
withdrawal of the complaint on the ground that she mistakenly filed the
complaint out of jealousy.What is the effect of Y's filing of an affidavit of
desistance and the withdrawal of her complaint in the administrative case
against Atty. U? Explain.

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