1. Atty.

Juan Cruz, a practicing lawyer, was employed by Pilipinas Bank as its bank attorney and notary public
in three of its branches in Manila. While thus employed, Maria del Rio. who was unaware of Atty. Cruzs
employment in the bank, engaged Atty. Cruz's services as a lawyer in a case that was filed by Pilipinas Bank for
collection of sum of money involving one of its branches in Quezon City which Atty. Cruz accepted. The
Quezon City Regional Trial Court, after due proceeding and hearing, rendered judgment in favor of Pilipinas
Bank and against Maria del Rio who wanted to appeal the adverse judgment. But upon advice of Atty. Cruz, the
adverse judgment was not appealed. Thereafter, Maria del Rio learned Atty. Cruz was employed by Pilipinas
Bank as one of its attorneys. She now consults with you and asks you to take legal steps against Atty. Cruz for
his apparent misconduct.
A. What do you think of what Atty. Cruz did? Is there a valid and legal basis to discipline him? (10%)
SUGGESTED ANSWER:
In agreeing to represent Maria del Rio in a case which Pilipinas Bank filed against her, Atty. Cruz
violated the rule against representing conflicting interests. Rule 15.03 of the Code of Professional
Responsibility provides that a lawyer shall not represent conflicting interests except by written
consent of all concerned after a full disclosure of the facts. It is improper for a lawyer to appear as
counsel for a person whose interest conflicts with that of his present or former client, even in an
unrelated case (Philippine National Bank v. Cede, 243 SCRA 1). It does not matter that the
Pilipinas Bank branch in Quezon City is not one of the branches he services in Manila. The bank
itself is his client.

1. The law firm of Rodriguez. Delfin and Zafra had been in existence for almost 25 years and had built up
an excellent reputation and a well-heeled clientele. Sometime last year, partner Zafra died of coronary
disease but Rodriguez and Delfin refused to drop his name from the firm name. May Rodriguez and
Delfin insist on keeping the name of Zafra as part of the firm name?

Answer:
Yes. they may continue to use the name of Zafra in the firm name, provided that they indicate in all
communications that he is deceased. Rule 3.02, Canon 3 of the Code of Professional Responsibility
provides that the continued use of the name of a deceased partner is permissible provided that the firm
indicates in all its communication that the said partner is deceased.

2. Atty. A is the original counsel of record in a pending case for murder; 1) His client suggests that he
wants to get the services of additional counsel, Atty. B, to assist him. How should A regard this offer? 2)
Should Atty. B be afterwards informed by the prospective client that Atty. A objects to associating' with
him in the case, what course of action should Atty. B take?
Answer
(1) Attorney A should not take it as an offense or lack of confidence of the client if the client hires another
lawyer as his associate. The mere fact of employment by client of an associate in the case is not sufficient
ground to justify the attorney in abandoning the case, unless- he has personal and professional objections
to such associate counsel and is unwilling to be associated with him (Ten- nesy vs. Berger, 45 Am. Rep.
263, cited in Martin, p. 93).
(2) Should Attorney B learn that Attorney A objects to associating with him in the case, he should decline
the employment. Professional ethics demands that there must be harmonious relation among brothers in
the legal profession.

3. E’s" case was lost due to the failure of his counsel to perfect the appeal on time because of the latter's
negligence or mistake.
Is the client bound by the negligence or mistake of his counsel in the conduct of the case?
Answer:
by the consequence of such negligence or mistake, although he may hold his lawyer accountable.
However, where the negligence or mistake of the lawyer is so gross as to deprive the client of a fair
presentation of his case, the appropriate court may relieve a client of the effects of his lawyer's
mistake or negligence. Speaking of the problem on hand, loss of the case due to the negligence or
mistake of the lawyer to perfect an appeal, should not bind the client, especially in a case where
the appeal is meritorious.
 4. A who is charged in Court with estafa for misappropriating funds entrusted to him by B, consulted Atty.
C about the case with the intention of engaging his services as defense counsel. Because A could not
afford to pay the fee that Atty. C was charging him, A engaged the services of another counsel, Atty. D.
At the trial of the case for estafa against A, the prosecutor announced in open court that his next witness
was Atty. C, whom he was calling to the witness stand. Counsel for A. Atty. D, vigorously opposed the
prosecutor's move on the ground that Atty. C may not be called as a witness for the prosecution as he
might disclose a would be client's confidence and secret. Asked by the presiding Judge what would be
the nature of Atty. C's testimony, the prosecutor answered it has something to do with how A obtained
from B the funds that the latter received from the former but failed to account for. Thereupon, Atty. A
vigorously opposed the prosecutor's motion.

If you were the Judge, how would you rule on the matter? (5%)

SUGGESTED ANSWER;
If I were the judge, I will not allow Atty. C to take the witness stand. When A consulted Atty. C about his
case, a lawyer-client relationship was established between them. It does not matter that Adid not
eventually engage his services because of his fees; such relationship has already been created (Hilado v.
David, 84 Phil 569). A lawyer shall be bound by the rule on privileged communication In respect to
matters disclosed to him by a prospective client (Rule 15.02 Code of Professional Responsibility). The rule
on privileged communication \ provides that an attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him (Sec. 21 [b], Rule130, Rules of Court). The
prosecutor has announced that Atty. C will be asked about how A obtained from B the funds that he
failed to account for. Atty. C's knowledge of such matter could have come only from A.

5. In a case before him, it was the son of Municipal Trial Court Judge X who appeared as counsel for the
plaintiff. After the proceeding, judgment was rendered in favor of the plaintiff and against the defendant.
B, the defendant in the case, complained against Judge X for not disqualifying himself In hearing and
deciding the case. In his defense, Judge X alleged that he did not disqualify himself in the case because
the defendant never sought his disqualification. Is Judge X liable for misconduct in office?

SUGGESTED ANSWER:
Judge X is liable for misconduct in office. Rule 3.12 of the Code of Judicial Conduct provides that a judge
should take no part in a proceeding where his impartiality might reasonably be questioned. In fact, it is
mandatory for him to inhibit or disqualify himself if he is related by consanguinity or affinity to a party
litigant within the sixth degree or to counsel within the fourth degree (Hurtado v. Jurdalena, 84 SCRA
41). He need not wait for a motion of the parties in order to disqualify himself.

6. After the pre-trial Atty. HansHilado, counsel for plaintiff Jennifer Ng, persuaded defendant Doris Dy to
enter into a compromise agreement with the plaintiff without the knowledge and participation of
defendant’s counsel, Atty. Jess de Jose. Doris acceded and executed the agreement. Therein Doris
admitted her obligation In full and bound herself to pay her obligation to Jennifer at 40% interest per
annum in ten (10) equal monthly installments. The compromise agreement was approved by the court.
Realizing that she was prejudiced, Doris Dy filed an administrative complaint against Atty. Hilado
alleging that the latter prevented her from consulting her lawyer Atty. de Jose when she entered Into the
compromise agreement, thereby violating the rules of professional conduct. Atty. Hilado countered that
Doris Dy freely and voluntarily entered Into the compromise agreement which in fact was approved by
the court.
1. Did Atty. Hans Hilado commit malpractice and grave misconduct as a lawyef? Explain.
2. Was it proper for the judge to approve the compromise agreement since the terms thereof were Just and fair
even if counsel for one of the parties was not consulted or did not participate therein? Explain.

Answer:
1. Atty. Hilado committed an act of malpractice. Rule 8.02 of the Code of Professional Responsibility
provides that
“a lawyer shall not directly or indirectly encroach upon the professional employment of another lawyer".
Canon 9 of the Code of Professional Ethics states that a lawyer should not in any way communicate upon
the subject of a controversy with a party represented by a counsel; much less should he undertake to
negotiate or compromise the matter with him, but should deal only with his counsel. Under similar facts,
the lawyer concerned was suspended for committing acts constituting malpractice and grave misconduct
(Likong v. Lim, 235 SCRA 414).
2. It was not proper for the judge to approve the compromise agreement without the participation of the
lawyer of one of the parties, even if the agreement was just and fair. Even if a client has exclusive control
of the cause of action and may compromise the same, such right is not absolute. He may not, for example,
enter into a compromise to defeat the lawyer’s right to a just compensation. Such right is entitled to
protection from the court.
NOTE: IN THE FOLLOWING PRACTICAL EXERCISES, DO NOT USE YOUR NAME. USE
FICTITIOUS NAMES.

Atty. Pedro Cruz agreed to buy from A a quantity of prohibited drugs for P20,000. At the time and hour of
delivery, Atty. Cruz met A at the designated place. A produced the drugs but when Atty. Cruz produced the
money, A forcibly grabbed it without delivering the drugs.
Atty. Cruz filed a complaint for robbery against A, reciting the facts stated above. These facts having come to
light, a complaint was subsequently filed with the Supreme Court praying that disciplinary action be taken
against Atty. Cruz as a lawyer. In his defense, Atty. Cruz argued that the agreement for the purchase of drugs
was entered into by him not in the exercise of his profession as a lawyer, but as a mere private citizen; that there
was no relation of attorney and client between him and A; and that, anyway, a mere intent to buy prohibited
drugs is not punishable under the law. Is the defense of Atty. Cruz meritorious? Why?
Answer
The defense of Atty. Cruz is not .meritorious.
The principle is settled that a lawyer may be disciplined not only for wrongful acts connected with the
exercise of his profession but also for those unconnected with his professional duties. A lawyer’s moral
worth is not judged solely by what he does as a lawyer but what he does in his over-all conduct. Certainly,
a lawyer who attempts to possess drugs prohibited by law already had the criminal intent to violate the
law and the frustration of his effort did not erase the intent. By this he had shown his moral unfitness to
continue the office of attorney.

In the course of a proceeding before a Regional Trial Court involving a petition for admission to bail of a person
charged with rebellion, the prosecution cited various Supreme Court decisions in which similar petitions by
other accused persons, were dismissed by the Supreme Court. The RTC Judge, in rejecting the prosecution’s
arguments, and ordering the defendant’s admission to bail, perorated, inter alia, as follows: “I personally
believe that the Supreme Court was wrong in refusing to allow bail in the cases cited by the Fiscal. I know that
the facts in the cited cases are almost identical to those shown in this case, but I strongly feel that the Supreme
Court overlooked the equitable and humanitarian aspects of the case.” Discuss the legal and ethical aspects of
these statements of the trial court judge.
Answer: A judge may not decide contrary to a jurisprudence set by the Supreme Court. If he feels that
the application of a doctrine promulgated by the Supreme Court is against his way of reasoning or
against his conscience, he may state his opinion on the matter but rather than disposing of the case in
accordance with his personal views, he must first think that it is his duty to apply the law as interpreted
by the Highest Court of the land, and that any deviation from a principle laid down by the latter would
unavoidably cause, as a sequel, unnecessary inconvenience, delays and expenses to the litigants (Albert
vs. Court of First Instance of Manila (Br. VI), G.R. No. L-26364, May 29, 1968).

Atty. X was de parte counsel for Y at the trial of a case for estafa against Y in the Regional Trial Court where,
after trial, he was found guilty and sentenced to suffer the penalty that was imposed. The convicted accused
appealed to the Court of Appeals. The Clerk of the Court of Appeals then sent
notice to Atty. X that the record of the case had already been forwarded to and received in the appellate court for
counsel to prepare and file the brief for the appellant. Because of Atty. X's failure to file the brief for the
accused, the latter's appeal was dismissed. Complaint for disbarment was filed by Y against Atty. X for neglect
of duty. Atty. X’s defense is that he ceased to be counsel for Y after the adverse decision was rendered by the
trial court. Is Atty. X's contention tenable? (5%)
SUGGESTED ANSWER:
Atty. X's contention is not correct. An attorney who appears de parte in a case before a lower court shall
be presumed to continue representing his client on appeal unless he files a formal petition withdrawing
his appearance in the appellate court. (Sec. 22, Rule 138, Rules of Court).

A sold to Attorney X a portion of his big parcel of land. Before said portion could be segregated. B filed a
complaint against A to recover title and possession of the big parcel of land, including the portion sold to
Attorney X. Attorney X appeared in the proceedings for A who ultimately prevailed in the case. Thereafter, the
portion sold to Attorney X was segregated and the corresponding Certificate of Title was issued in his name.
Subsequently, B filed a complaint for disbarment against Attorney X, on the ground that he violated Article
1491(5) of the Civil Code and Canon No. 10 of the Canons of Professional Ethics which prohibit the acquisition
by counsel of any interest in property subject of litigation. May the complaint against Attorney X prosper?
Reason.
Answer
The complaint against Attorney X may not prosper. Article 1491 of the Civil Code and Canon 10 of the
Code of Professional Ethics prohibit lawyers from acquiring by purchase, the property and rights which
may be the object of litigation. In the question, the acquisition of the property by the lawyer even before
the said matter became the subject of a court litigation. In Del Roeario im. MiUado, Adm. Case No. 724,
January Sls 1969, 26 SCRA 200, the Supreme Court ruled because the respondent attorney's alleged
interest was acquired before he intervened as counsel for one of the parties, the charges of disbarment
was dismissed.

(a) What are the requirements for eligibility to take the Bar Examinations?

Answer:
a) The requirements for eligibility to take the bar examinations area as follows:
1. The applicant must be a citizen of the Philip-pines.
2. He must be a resident of the Philippines.
3. He must be of good moral character.
4. No charge against him involving moral turpi-tude has been filed or is pending in any court in the
Philippines.
5. He must have studied law for four years and has successfully completed all prescribed courses in a law
school or university officially approved and recognized by the Secretary of Education, Culture and
Sports.
Before he began the study of law, he had satisfactorily completed in an authorized or recognized
university or college, requiring for admission thereto the completion of a four-year high school course,
the course of study pre-scribed for a bachelor's degree in arts or sciences with any of the following
subjects as major or field of concentration: Political Science. Logic. English, Spanish. History and
Economics. (Secs. 2, 5, and 6, Rule 138 of the Rules of Court.)

Mindful that the law is a profession and not a trade or business, what are the factors must you, as a lawyer,
consider in charging reasonable compensation for your services?

Answer:
a) The time spent and the extent of the services ren-dered or required;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject;
d) The skill demanded;
e) The probability of losing other employment as a result of acceptance of the preferred case;
f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he
belongs;
g) The amount Involved in the controversy and the benefits resulting to the client from the services;
h) The contingency or certainty of compensation;
i) The character of the employment, whether occasional or established; and
j) The professional standing of the lawyer. (Rule 20.1, Canon 20, Code of Professional Responsibility)
Plaintiff, X, delivered to his counsel, Atty. Constancio Marcelo, a certificate of time deposit payable to bearer.
Said certificate was delivered to Atty. Constancio Marcelo by Plaintiff in the course of his professional
employment as counsel. After having rendered substantial services to X but before the termination of the case,
Atty. Marcelo was unceremoniously dismissed by X who retained another lawyer. X filed a motion to compel
Atty. Marcelo to return the certificate of time deposit. Atty. Marcelo opposed the motion, claiming a lien on the
certificate of time deposit as security for the payment of his professional fee. How valid is the claim of Atty.
Marcelo?

Answer:
The claim of Atty. Marcelo is valid.
Atty. Marcelo’s retention of the certificate of time deposit is an instance of retaining lien. Under Rule 138,
Section 37 of the Rules of Court a lawyer is authorized to retain the funds, documents and other papers
of his client which have come into his possession in the course of professional employment until his fees
have been paid. The right of retention is purely passive, which means that the right cannot arise until
such things come into his possession in the course of professional employment and the right disappears
should be voluntarily relinguish possession. The rationale of the retaining lien is to compel payment by
causing embarrassment or anxiety to the client. Atty. Marcelo cannot be compelled to surrender the
certificate of time deposit unless he is provided with adequate security to cover his unpaid attorney's fees.
This prayer he should address to the court in his opposition.

(1) Does the mistake of an attorney bind his client? Explain your answer.
Answer:
Yes, mistakes of an attorney bind his client. This consequence is based on the rule that any act performed
by
the lawyer within the scope of his general and implied authority is regarded as the act of his client.

(2) Does the negligence of an attorney bind his client? Explain your answer.
Likewise, the negligence of the counsel also binds the client. Under the system of advocacy, the client has
to bear the adverse consequences of the mistake and negligence of his counsel and may not be heard to
complain that the result might have been different had he proceeded differently.
An exception, however, may be applied if the mistakes or negligence is so gross that injustice may have
resulted.

(a) May a client dismiss his attorney at any time despite the existence of a written contract fixing the attorney’s
fees until the termination of the litigation? Reason.

Yes, a client may dismiss his attorney at any time despite the existence of a written contract fixing
attorney’s fees until the termination of the litigation. This right of the client is specifically authorized by
Rule 138.26, 2nd paragraph, but if the dismissal is unjustified he becomes liable for the full amount of the
stipulated fee; if justified, the dismissal lawyer may recover on a quantum meruit basis.

(b) When may a lawyer sue his client for the recovery of his attorney’s fees? Explain your answer.

The general rule is that lawyers must avoid controversies with clients concerning compensation, but
“when all friendly attempts to recover professional fees from clients have failed” (Malcolm, Legal &
Judicial Ethics, 1949, page 71), then in order to prevent injustice, imposition or fraud the lawyer may
bring an action known as assumpsit to compel payment.

What is your understanding of forum-shopping? What are the possible consequences? [5%1
Answer:
Forum-shopping is the improper practice of filing several actions or petitions in the same or different
tribunals arising from the same cause and seeking sub-stantially identical reliefs in the hope of winning in
one of them.
The possible consequences of forum-shopping are:
(1) Summary dismissal of the multiple petition or complaint
(2) Penalty for direct contempt of court on the party and his lawyer.
A mayor charged with Homicide engaged your services as his lawyer. Since there is only one witness to the
incident, the mayor disclosed to you his plan to kill the lone witness through a contrived vehicular accident.
1. What are the moral and legal obligations to the mayor, and to the authorities? [3%]
2. Should the killing push through and are you certain that the mayor is the one responsible, are you under
obligation to disclose to the authorities what was confided to you? Is this not a privileged communication
between client and attorney?
Answer:
1. It is the duty of an attorney to divulge the communication of his client as to his announced intention to
commit a crime to the proper authorities to prevent the act or to protect the person against whom it is
threatened.
2. Public policy and the lawyer's duty to counsel obedience to the law forbid that an attorney should
assist in the commission of a crime or permit the relation of attorney and client to conceal a wrongdoing.
He owes it to himself and to the public to use his best efforts to restrain his client from doing any
unlawful act and if, notwi thstanding his advise, his client proceeds to execute the illegal deed, he may
disclose it or be examined as to any communication relating thereto. There is privileged communication
only as to crimes already committed before its communication to the lawyer.

Atty. A's services as a lawyer were engaged by B to recover from C certain construction- materials and
equipment. Because B did not have the means of defray the expenses of litigation he proposed to Atty. A that he
(A) shoulders all expenses of the litigation and he (B) would pay him (A) a portion of the construction materials
and equipment to be recovered as compensation for his professional services.
May Atty. A correctly agree to such arrangement? (5%)
SUGGESTED ANSWER:
No, Atty. A may not correctly agree to such an agree-ment. Such an arrangement would constitute a
ehamper- tous contract which is considered void due to public policy, because it would make him acquire
a stake in the outcome of the litigation which might lead him to place his own interest above that of the
client (Bautista v. Gonzales, 182SCRA151). Achampertous contract is one in which a lawyer undertakes
to prosecute a case, and bear all the expenses in connection therewith without right of reimbursement,
and will be paid his fees by way of a portion of the property or amount that may be recovered, contingent
on the success of his efforts. It is different from a contingent fee contract, which is valid, in which the
lawyer will also be paid depending on the success of his efforts, but he does not undertake to shoulder all
the expenses in the case. He may advance such expenses but always subject to reimbursement by his
client.

What is the first and most important duty of an attorney? Why?

b) How should a lawyer view representation of the poor, the marginalized, and the oppressed before our courts
of justice? Explain.
Answer: As an officer of the court the lawyer has the duty of representing the poor, the marginalized and
the oppressed without expecting to be compensated for his services. One of the main duties of the lawyer
is to maintain the rule of law. The rule of law cannot be maintained of the poor, the oppressed or
marginalized are not afforded legal services to protect their rights against the rich and the privileged.
The lawyer should not consider it as a duty and not as a charitable work.

A is charged with the crime of murder. OB A*a assurance that he was innocent and that the accusation was a
frame-up, Atty. X agreed to act as his counsel. However, after some witnesses had testified for the prosecution,
Atty. X became convinced that A was guilty. Atty. X confronted A, who finally admitted his guilt. Atty. X then
asked A that he be relieved as his lawyer. A refused and told Atty. X that he expected the latter to defend him
with more vigor. Is there sufficient cause for Atty X to insist on his relief? Reasons.
Answer:No. Atty. X may not insist on his relief to appear as counsel for the accused A.
X came to know of A's guilt only after the trial has started and some witnesses had already testified for
the prosecution. It is the general sentiment of the profession that in the event that knowledge of his
client’s guilt comes only to counsel after trial has made considerable progress, an attorney is bound to
retain the case and
continue the defense of A, notwithstanding his knowledge of his client’s guilt. It is his duty, even under
such circumstances, to screen his client from conviction on insufficient evidence, and to employ in his
defense all fair arguments. (Malcolm, Legal and Judicial Sthic3, p. 180, citing Sharswood, Legal Ethics,
109, 182; Warvelle, Legal Ethics 211, Costigan, Cases on Legal Ethics 321).
If the only reason Atty. X has for wanting to be relieved as A’s lawyer is A’s admission of his guilt,
lawyer who is handling the defense of a person accused of a crime to use “all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law”.
(Underscoring supplied.)
But if as a result of A’s admission of his guilt, the efficiency of Atty. X is impaired to a point where he
cannot operate effectively, then he may a.sk to be relieved, but not before he has taken all steps to protect
his client against unnecessary prejudice. (See Canon 22, Rule 22.02 of the proposed Code of Professional
Responsibility.)

In a hearing before the Court of Tax Appeals, Atty. G was invited to appear as amicus curiae. One of the Judges
hearing the tax case is the father of Atty. G. The counsel for the respondent moved for the inhibition of the judge
in view of the father-son relationship. Is there merit to the motion? Decide.
Answer
There is no merit to the motion. Rule 3.12 of the Code of Judicial Conduct provides that “Ajudge should
take no part where the judge’s impartiality might reasonably be questioned." Among the instances for
the disqualification of ajudge is that he is related to a parly litigant within the sixth degree or to counsel
within the fourth degree of consanguinity or affinity. But this refers to counsel of the parties. An amicus
curiae is supposed to be an experienced and impartial attorney invited by the court to appear and help in
the disposition of issues submitted to it. He represents no party to the case. There is, therefore, no ground
to fear the loss of the judge’s impartiality in this case if his son is appointed amicus curiae.

A lawyer was driving home his car from his law office along Recto Avenue. He noticed a commotion in front of
Maxim Theatre. He stopped and got off his car, and he found out that there was a collision between two cars
resulting in damages to both. There was a heated argument going on between the parties as to who was at fault.
So he identified himself as a practising lawyer, and volunteered to amicably settle the case to the satisfaction of
both parties and invited them to his law offioe.
Has he committed any infraction of professional ethics? Explain.
Answer
The answer would depend on whether the lawyer collects a fee for bringing about the amicable
settlement. If he does, however nominal, he cannot escape the stigma of malpractice, as the terms used in
the Rules of Court; if he does not, then his act becomes praiseworthy for being
conciliatory, preventive of litigation and promotive of social peace.

While Judge Tuparin was in his chambers dictating an order to a stenographer, two lawyers who were in the
courtroom waiting for the start of the session almost came to blows as a result of a heated argument. Tuparin
came out of his chambers and after identifying the lawyers involved in the commotion promptly declared them
in contempt of court.
Was the action of Judge Tuparin proper? Explain.
Answer
The action of Judge Tuparin in promptly declaring the two lawyers in contempt of court was improper.
The act committed by the two lawyers was indirect contempt, violative of the rule punishing “any
improper conduct tending directly or indirectly, to impede, obstruct, or degrade the administration of
justice” (Rule 71,3, d), since the judge was then engaged in dictating an order before the morning session
was called.
The act of the two lawyers constituted obstruction of the administration of justice, which was indirect
contempt. Accordingly, they could only be punished after notice and hearing.
Is a Judge presiding over the tiral of a case allowed by the canons of ethics to interrupt counsel and examine the
witnesses himself, for instance during direct examination or cross examination?
If allowed, to what extent may he conduct the examination? If not, why not?
Answer
A judge may properly intervene in the examination of witness, and he may not interrupt when counsel is
still con- duting the examination. His intervention should come after counsel has finished his
examination. If the judge intervenes, he should limit himself to asking only clarificatory questions. His
questions should not by any means elicit evidence tending to favor one party or the other.

The family of Judge Matrabaho owns a small department store. With his knowledge, an employee of the store
posted on the bulletin board of his court an ad for job openings informing the public that applications must be
filed in the office of the judge. For this purpose, the applicants would also be interviewed therein. Is the judge
liable for misconduct? Explain.
Answer:
The judge is liable for misconduct. In the case of Dionisio v. Escano, 302 SCRA411 (1999), the Supreme
Court held that the acts of posting advertisements for restaurant personnel on the court bulletin board,
using his court address to receive applications, and of screening applicants in his court, constitute
involvement in private business and improper use of court facilities for the promotion of family business
in violation of the Code of Judicial Conduct. The restriction enshrined in Rules 5.02 and 5.03 of the Code
of Judicial Conduct on judges with regard to their own business interests is based on the possible
interference which may be created by these business involvements in the exercise of their judicial duties
which tend to corrode the respect and dignity of the courts as the bastion of justice. Judges must not
allow themselves to be distracted from the performance of their judicial tasks by other lawful enterprises.

Atty. Cua wins a case involving a donation mortis causa. Afterwards, she discovers, and is convinced, that the
Deed of Donation was falsified, and that it was her client who did the falsification. If you were Atty. Cua, what
would you do? Explain.
Answer:
If I were Atty. Cua, I would resign as his lawyer. The question as to whether the attorney should disclose
the falsification to the court or to the prosecuting attorney involves a balancing of loyalties* One ethical
rule states that “counsel upon the trial of a cause in which perjury has been committed owes it to the
profession and the public to bring the matter to the knowledge of the prosecuting authorities”. Another
ethical rule provides that when “a lawyer discovers that some fraud or deception has been practiced,
which is unjustly imposed upon the court or a party, he should endeavor to rectify it; at first by advising
his client, and if his client refuses to forego the advantage thus unjustly gained,
he should promptly inform the injured person or his counsel, so that they may take appropriate steps". A
literal application of these ethical injunctions requires the disclosure of the falsification. On the other
hand, the attorney’s duty to keep inviolate the client's confidence demands that he refrain from revealing
the client’s wrong-doing, the same being a past offense. Resigning as a lawyer will enable the lawyer to
observe such loyalties. If the decision is already final, as a lawyer, I would advise my client to withdraw
any claim on the donation mortis causa and have the property be given to the rightful owner of the
property the subject matter of the donation. This action is in compliance with my duty as a lawyer to
assist in the administration of justice and in compliance of my oath: “I will do no falsehood, nor consent
to the doing of any in court; that I will not wittingly or willingly promote or sue any groundless, false and
or unlawful suit, nor give aid nor consent to the same”.

Attorney X brought A, single and a public school teacher, to the Paradise Motel and had carnal knowledge of
her on the promise of marriage. Attorney X, however, had no intention of marrying A. For this reason, A filed a
complaint for disbarment against Attorney X on the ground of gross immorality and misconduct. Attorney X
proved at the hearing that A voluntarily submitted to him and that the act complained of does not constitute a
ground for disbarment or suspension under the Rules of Court. May he be debarred? Discuss.
Answer
The attorney may be disbarred. In Quincerp, vs. Puno, Adm. Case No. 389, February 28, 1967, 19 SCR A
439, the facts of which are similar to those stated in the question, the Supreme Court disbarred a lawyer
who was able to have sexual intercourse with a woman due to a promise of marriage and who refused to
fulfill his promise after she became pregnant. A lawyer must maintain the highest degree of morality and
integrity, which at all times is expected of him.
This case should be distinguished from the cases of Soberano vs. Villanueva, Adm. Case No. 215,
December 29, 1962 and Reyes vs. Wong, Adm. Case No. 547, January 29, 1975, 63 SCRA which ruled that
the intimacy between a lawyer and a woman who are not married where the woman played an active role
is not so corrupt nor unprincipled so as to warrant disbarment or disciplinary action against the man as a
member of the bar.

May a client dismiss his attorney at any time despite the existence of a written contract fixing the attorney’s
fees until the termination of the litigation? Reason

Answer: Yes, a client may dismiss his attorney at any time despite the existence of a written contract
fixing attorney’s fees until the termination of the litigation. This right of the client is specifically
authorized by Rule 138.26, 2nd paragraph, but if the dismissal is unjustified he becomes liable for the full
amount of the stipulated fee; if justified, the dismissal lawyer may recover on a quantum meruit basis.

Atty. A has plans to join the judiciaiy. He has been a lawyer for about twenty years now. He has been an
esteemed member of the Integrated Bar of the Philippines, a legal consultant to a number of business entities,
and an "of counsel” of a medium-size law firm. Strangely enough, however, he has yet to see a court room.
Never, during his 20-year stint as a lawyer, has he had the opportunity to conduct any actual trial or litigation
work. Does he possess the necessary qualifications for a Regional Trial Court Judge?
Answer:
The qualifications for a Regional Trial Court judge are (a) natural bom citizen of the Philippines, (b) at
least 35 years of age. and (c) for at least ten years, has engaged in the practice of law in the Philippines or
has held public office in the Philippines requiring admission to the practice of law as an indispensable
requisite (Sec. 15, B.P. 129). InCayetano v. Monsod, 201 SCRA 210, the Supreme Court defined "practice
of law" as "any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience." Under the said definition, Atty. A is qualified to be appointed as a
member of the judiciary, assuming that he has the other qualifications for the particular position. But he
may not be suitable.

In a civil case, the defendant discovered that the counsel for the plaintiff used to be a member of the Judicial
and Bar Council during whose time the Judge presiding over the case was appointed and confirmed. He filed a
“Motion to Inhibit the Judge” on the ground that the latter’s ability to act independently and judiciously had
been compromised and seriously impaired because of his “utang na loob” to the plaintlTs counsel.
If you were thej udge, how would you rule on the Motion?
Answer:
I will deny the Motion for Inhibition because every judge is sworn to uphold the decisions of cases in
accordance with the law. The fact that the judge was recommended by the JBC which has seven (7)
members and deliberated even confidentially does not make thejudge even morally indebted to the JBC
member who may not even voted for him.

X and Y were the offended parents in two rape cases pending trial before Judge A. On two separate instances,
Judge A conferred with X and Y in his chambers and informed them that their cases were weak and the accused
in the rape cases would likely be acquitted, and that a settlement would be to their advantage. These conferences
took place even before X and Y had finished presenting their evidence. Is the conduct of the judge proper?
Reason
Answer
The conduct of the judge was not proper. Considering that the offended parties had not yet finished
presenting their evidence, the actuation of the judge in telling them that their cases were weak was
uncalled for. Such pronouncement on the part of the judge could only be interpreted as prejudgment. In
criminal cases the manner and attitude of a judge is crucial; he should display the cold neutrality of an
impartial judge. Apart from laying himself open to a disciplinary action, the judge in the instant case may
be the subject of a motion for disqualification (Castillo and Villanueva v. Juan, 62 SCRA 24).

Atty. Queliza was convicted of qualified seduction. He was subsequently disbarred at the initiative of the IBP.
Before he could complete the service of his sentence, he was given an absolute pardon by the President. He
thereupon petitioned the Supreme Court for reinstatement to the practice of law as a legal and logical
consequence of the absolute pardon.
Is he entitled to reinstatement?
Answer:
An absolute pardon granted to a lawyer who has been previously disbarred for conviction of a crime
involving moral turpitude does not automatically entitle him to reinstatement. The matter of his
reinstatement is still subject to the discretion of the Supreme Court. He should still show by evidence
aside from the absolute pardon that he is now a person of good moral character, a fit and proper person
to practice law (In Re Rovero, 101 SCRA 797).

A client delivers to a lawyer a sum of money with which to pay the client’s taxes. The lawyer, instead of paying
the taxes as directed, retains the money in payment of his fees for services rendered in a previous case which the
client had failed to pay. Was it lawful for the lawyer to retain the client’s money? Reason.

Answer
The retaining lien is a right of an attorney to retain possession of his client's money, documents, papers or
other property, which come into his hands professionally, for the purpose of securing the payment of his
fees. The exer cise of the right must be under circumstances consistent with the enforcement of a lien for
professional services. Where, as in the instant case, the right is asserted with respect to money entrusted
for the payment of taxes, the lawyer is in the position of a trustee and not that of a lawyer rendering
professional service. Accordingly, his act in retaining the money is unlawful.

Atty. A" prepared and later acknowledged as a Notary Public, a document which stipulated among others, that
the contracting parties, husband and wife, authorize each other to remarry and fully renounce whatever right of
action one may take against the party so marrying. Atty. X strongly represented to the parties that they were free
to marry, on the basis of which representation the husband remarried. Can Atty. X be disbarred? Reason.
Answer
Yes, Atty. X can be disbarred. His act in preparing and notarizing them to remarry does not only betray
gross ignorance of the law, considering that in this jurisdiction it is a notorious fact that there is no
divorce, but is also patently illegal, it being contrary to a fundamental rule in the civil law that any
contract for personal separation between husband and wife shall be void and of no effect. (Civil Code,
Art. 221, Selanova v. Mendoza, 64 SCR A 69).

Judge A went to Hong Kong on vacation on board a Philippine Airlines plane and they (sic) stayed in a first
class hotel for three days and three nights. The round trip ticket Manila-Hongkong-Manila and board and
lodging in the hotel where he stayed were paid for as a birthday gift to the Judge by a friend whose son has a
case for estafa pending in another Branch of the Court where Judge A is assigned.
Did Judge A commit any infraction of the Code of Judicial Conduct under the circumstances?

SUGGESTED ANSWER:
Yes. He violated Canon 5, Rule 5.04 of the Code of Judicial Conduct which provides that a judge or any
immediate member of the family shall not accept a gift, bequest, favor or loan from anyone except as may
be allowed by law. Also, Canon 2 of the same Code provides that a judge should avoid impropriety and
the appearance of impropriety in all activities. Accepting a birthday gift of a vacation in Hongkong from
a friend whose son has a case for estafa pending in another branch of the Court where Judge A is
assigned raises a suspicion of impropriety on his part. The fact that the case is pending in another branch
is Immaterial because he could be suspected of having been bribed to influence the presiding judge of the
other branch. A judge shall refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency (Rule 2.04, Code of Judicial Conduct).

In the pre-trial during the plea bargaining of a criminal case for murder, accused OA wanted to enter a plea of
guilty to the lesser offense of homicide. Private complainants agreed, but the Asst. Provincial Prosecutor
hesitated, reasoning that he still has to get the approval of the Provincial Prosecutor. The pre-trial was cancelled
and reset to a date, thirty (30) days after. On this hearing date, the Asst. Provincial Prosecutor manifested that
his request for approval of accused OAis plea bargain was not acted upon by the Provincial Prosecutor. He
asked for a resetting of the pretrial, which was forthwith denied. Judge O, after ascertaining that private
complainants were amenable to accused OAis plea bargain, proceeded to arraign him, then imposed the
sentence for homicide. The Asst. Provincial Prosecutor filed a petition for certiorari and an administrative case
against Judge O for grave abuse of discretion and ignorance of the law. Decide.
ANSWER:
Plea bargaining is n6w allowed under the rules of procedure. Although the assistant provincial prosecutor
may have objected to the prayer of the accused to a lesser offense, it is within the discretion of the Judge
to accept said plea as a measure towards speedy disposal of cases.
The petition for certiorari and the administrative charge against the judge will not prosper.
J sustained serious physical injuries due to a motor vehicle collision between the car she was driving and a
public utility bus, requiring her confinement for 30 days at the Makati Medical Center. After her release from
the hospital, she filed a criminal complaint against the bus driver for serious physical in) uries through reckless
imprudence before the Makati Prosecutor's Office. She also filed a civil complaint before the Paranaque
Regional Trial Court against the bus operator and driver for compensatory, moral, exemplary and other
damages. Aside from the two complaints, she additionally filed an administrative complaint against the bus
operator with the Land Transportation Franchising and Regulatory Board for cancellation or suspension of the
operator's franchise. Would you say that she and her lawyer were guilty of forum-shopping?
Answer:
No. There is no forum-shopping in the simultaneous filing of a criminal case and a civil case in this
instance. Article 33 of the Civil Code allows the filing by an injured party of a civil action for damages
entirely separate and distinct from the criminal action in cases of defamation, fraud, and physical
injuries. There is also no forum-shopping involved in filing an administrative complaint against the bus
operator with the Land Transportation Franchising and Regulatory Board. It is for a different cause of
action, the cancellation or suspension of the operator's franchise..

A criminal complaint for estafa was filed against X before Judge Y. The complaint recites that the accused with
intent to gain did then and there willfully, unlawfully and feloniously owe the sum of PI,000.00 x x x; that said
amount has long been due and X failed to pay her account inspite of due notice sent by registered mail and up to
the present she has failed to settle her obligations. Judge Y admitted the complaint and the evidence presented
and issued on the same day the warrant of arrest. Is the conduct of the judge proper? Reason.
Answer
The conduct of the judge was not proper. A reading of the complaint will readily disclose that the facts
alleged did not constitute estafa. Either he judge was aware of this or he was not. If he was and yet he
issued a warrant of arrest, then he betrayed his oath of rendering justice to every man; if he was not, then
he was culpably ignorant of the law (Serafin v. Lindayag, 67 SCRA 166).

A presidential aspirant was the guest of honor at a testimonial dinner for the officers and new members of a
provincial chapter of the IBP. In his speech, the presidential aspirant announced that the IBP would play a major
role in his administration. The officers of the chapter, after the speech, declared their unqualified support for the
"presidentiable's" candidacy and enjoined all members to do likewise. Comment on this announcement of
support of the IBP chapter.
Answer:
The announcement of support of the IBP Chapter is not proper. The Integrated Bar of the Philippines is
strictly non-political. A delegat^, governor, officer or employee of the IBP or any chapter thereof shall be
considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for
any elective public office (Art. I, Sec. 4, By Laws of the Integrated Bar of the Philippines). The IBP
chapter's announcement of support for a presidential aspirant is engaging in a partisan political activity.

Atty. Santiago was disbarred by a resolution of the Supreme Court. Five years later, Atty. Santiago Hied a
petition for reinstatement, alleging that he had reformed, and that he had been sufficiently punished and
disciplined. However, no action was taken on the petition. In the meantime, in a proceeding for the probate of
his father’s will, Atty. Santiago filed a formal opposition on his own behalf and
sought to establish that the will was a forgery and that the deceased died intestate.’ His co-heirs questionedhis
appear-ance citing his disbarment. May the appearance of Atty. Santiago be allowed? State your reason.

Answer:
Atty. Santiago can properly represent himself as oppositor in the probate of the will of his father. While
he has been disbarred from practice and has not been reinstated to practice law, he can properly
represent himself because representing himself is not practice of law. Rule 138, Section 34 of the Rules of
Court allows an individual litigant to conduct his litigation personally. It means that he can do everything
in the defense of his rights in the said case. The prohibition against the practice of law by a layman or a
disbarred lawyer is not in conflict with the right of an individual to defend or. prosecute a cause in which
he is a party. An individual has long been permitted to manage, prosecute and defend his own action, but
his representation on his behalf is not considered to be the practice of law. One does not practice law by
acting for himself any more than he practices medicine by rendering first aid to himself. For this reason,
an attorney who is otherwise disqualified to practice law or has been disbarred or suspended from
practice, can validly prosecute or defend his own litigation, he having as much right as that of a layman
in that regard.

Justice X of the Court of Appeals, by mutual agreement of two opposing parties, asked him to be their sole
arbitrator in the controversy that arose out of the construction of a building in Makati City. The fee that would
be paid to him was substantial, it amounting to double his annual salary and allowances. When Justice X
declined the oiler, the parties suggested that he go on leave of absence for three months to enable him to do the
job. May Justice X accept the work offered to him while on leave of absence?
SUGGESTED ANSWER:
Judge X may not accept the work offered him even while on leave of absence from the Court of Appeals.
A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial duties
(Canon 5, Code of Judicial Ethics). He shall not accept appointment or designation to any agency
performing quasijudicial or administrative functions (Rule 5.09, Code of Judicial Conduct). This is
specially so since decisions of voluntary arbitrators are appealable to the Court of Appeals. He must
minimize the risk of conflict with judicial duties (Canons 4 and 5, Code of Professional Responsibility).
Moreover, he will create the impression that he is merely interested in the fee Involved, which will detract
from the integrity of the judiciary

As the guest speaker in a Rotary Club weekly luncheon meeting. Judge P was asked during the open forum
what might his personal opinion be on PIRMA's move to initiate a people's initiative to amend the Constitution.
He expressed the view that PIRMA's crusade should be allowed because it would be in consonance with the
declaration in the Constitution that "sovereignty resides in the people and all government authority emanates
from them." He likewise enjoined the members to support PIRMA. An administrative complaint was filed
against him by a club member, a staunch oppositor to the PIRMA petition before the COMELEC, alleging that
the judge's public statement had constituted conduct unbecoming a judge. Judge P's answer to the complaint
was that membership in the judiciary did not deprive him of his right to free speech, that he was entitled to
express his view even on political issues, and that any issue requiring resolution on the PIRMA petition-'was
outside the jurisdiction of Regional Trial Courts. Was there a breach of the Code of Judicial conduct by Judge
P?
Answer:
Yes, there is a breach. Rule 5.10 of the Code of Judicial Conduct provides that ajudge is entitled to
entertain personal views on political questions. But to avoid suspicion of political partisanship, a judge
shall not make political speeches, contribute to party funds, publicly endorse candidates for political
office or participate in other partisan political activities. Since judge P considered the PIRMA petition to
be a political issue, he should have refrained from making his speech and enjoining his listeners to
support PIRMA because he might be suspected in engaging in .a partisan political activity.

As Judge of the Regional Trial Court, A heard and decided a special proceeding for the settlement of the estate
of B, deceased. After the proceeding had been terminated, C, one of the heir3, sold a parcel of land adjudicated
to him (c) to D who, in turn, re-sold the same to A. Incidentally, A was a business associate of D.

(a) Did A violate the provision of the Civil Code regarding the purchase of properties in litiga tion? Why?

(b) Did A violate the Canons of Judicial Ethics? Why?

Answer:
(a) No. A did not violate the provisions of the Civil Code regarding purchase of properties in litigation as
(1) the case/proceeding had already terminated; and (2) A did not purchase it directly from C, one of the
neirs/par- ties to the original case/proceeding. He bought it from a third party D. (Macariola vs.
Asuncion, 114 SCRA 77, 96- 97)
(b) Yes, he did violate the Canons of Judicial Ethics which requires that his official conduct should be free
from the appearance of impropriety and hi3 personal behavior should be beyond reproach even in his
everyday life. (Macariola vs. Asuncion, 114 SCRA 77, 97)
Canon No. 3 of the Canons of Judicial Ethics enjoins judges to avoid even the appearance of impropriety,
not only in the performance of their judicial duties, but also in their everyday actuations.
2) A group of businessmen formed a corporation, the primary purpose of which is to furnish legal advice and
service to subscribers as a collection agency. To accomplish this purpose, the group planned to employ a staif of
lawyers to initiate and prosecute collection suits entrusted to it by its clients. The SEC denied registration of the
corporation on the ground that it was disqualified to practice law. Is the SEC correct? discuss briefly.

Answer:
1) There is no merit to the motion. Rule 3.12 of the Code of Judicial Conduct provides that “Ajudge
should take no part where the judge’s impartiality might reasonably be questioned." Among the
instances for the disqualification of ajudge is that he is related to a parly litigant within the sixth degree
or to counsel within the fourth degree of consanguinity or affinity. But this refers to counsel of the parties.
An amicus curiae is supposed to be an experienced and impartial attorney invited by the court to appear
and help in the disposition of issues submitted to it. He represents no party to the case. There is,
therefore, no ground to fear the loss of the judge’s impartiality in this case if his son is appointed amicus
curiae.

Miss Amparo engaged the services of Atty. Rito, a young lawyer and her former boyfriend, to act as her counsel
in a case. True to his lawyeris oath. Atty. Rito represented her to the best of his ability even when he had no
opportunity to talk to her on the progress of the case. When the case was terminated, Amparo refused to pay
Atty. Ritois fees on the ground that there was no written contract of their professional relationship.
(A) Can Amparo justify her action?

ANSWER:
Amparo may not justify her refusal to compensate Atty. Rito for his legal service. An attorney is entitled
to attomeyis fees for services rendered even in the absence of a contract for attorney's fees.

X, a Municipal Trial Court Judge, received the amount of One Thousand (PI,000.00) Pesos in cash from
accused charged with slight physical injuries in his court, whereupon he was released from custody. After
dismissal of the case against him, the accused sought to withdraw the amount he had deposited as bail. It was
not at once returned to the accused because according to the Judge, it was stolen from the drawer of his table
where he kept it after receipt. Nonetheless, the amount was returned to the accused.
Is the Judge guilty of misconduct for which he may be disciplined? (5%)
SUGGESTED ANSWER:
Yes, the judge is guilty of misconduct and may be disciplined. He was negligent in keeping the money in
his drawer instead of depositing it with the municipal treasurer as required by law. His failure to return it
at once after the acquittal of the accused creates a suspicion that he misappropriated the money. A judge
should avoid impropriety and the appearance of impropriety in all his activities (Canon 2, Code of
Judicial Conduct).

In a case for robbery filed before Judge X, the latter issued several orders for the arrest of the accused, fixing
their bailbonds, allowing one of the accused to post cash or surety bond for his provisional liberty, for their
arraignment, or for their commitment to the provincial jail. On the day of trial, Judge X, without any party
moving for his disqualification or inhibition, voluntarily inhibited himself from trying the case “to give the
parties the peace of mind and to insure an impartial administration of justice,” on the ground he already had
personal knowledge of the case even before it was filed. Did Judge X commit a grave abuse of discretion in
inhibiting himself from trying the case? Reason.
Answer
Yes. Judge X committed a grave abuse of discretion in inhibiting himself. The fact that he issued several
orders for the arrest of the accused, fixed their bail bonds, allowed some of them to go on bail and
committed others to the provincial jail does not amount to the kind of personal knowledge which should
disqualify him from trying the case. All the acts that he did in connection with the case, namely, issuing
warrants of arrest, fixing the amounts of bond, etc. are routine in criminal cases. Moreover, it cannot be
said that such acts have given him the kind of knowledge amounting to prejudgment. To allow him to
disqualify himself upon such grounds is to countenance a situation where a judge may easily shirk the
obligation to try a criminal case.